(20 U.S.C. § 1011i and 34 C.F.R. § 86.100)
|Director of Public Safety|
This law amends Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994. The Campus Sex Crimes Prevention Act requires sex offenders, who must register under state law, to provide notice of enrollment or employment at any institution of higher education (IHE) in that state where the offender resides, as well as notice of each change of enrollment or employment status at the IHE. In turn, this information will be made available by the state authorities to the local law enforcement agency that has jurisdiction where the IHE is located. The IHE is not required to request this data from the state, but the IHE must issue a statement (see the reporting requirement in 20 U.S.C. § 1092(f)(1)(I)) advising the campus community as to where information concerning registered sex offenders can be obtained.
The statutory language added to the list of information required to be disseminated pursuant to the program participation agreements reads as follows:
"A statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address." 20 U.S.C. § 1092(f)(1)(I))
This law was signed on October 28, 2000, and became effective on October 27, 2002. Notification may be accomplished by adding the statement to the Annual Security Report required by the Campus Security Act of 1990.
On Oct. 31, 2002 the U.S. Department of Education issued final regulations at 67 Fed. Reg. 66519 clarifying the requirements for educational institutions under the Campus Sex Crimes Prevention Act. The regulations are quite short and simply state that beginning with the annual security report distributed by Oct. 1, 2003, the educational institution must provide a statement advising the campus community where law enforcement agency information provided by a State regarding registered sex crime offenders may be obtained. Examples given are the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.This provision of the CSCPA amends the Clery Act, and is administered by the U.S. Department of Education.