Registered Sex Offenders

1.0 Scope

This procedure applies to all persons who apply to Northland Pioneer College (NPC) for admission or are enrolled in NPC and are identified as registered sex offenders and required to register pursuant to Section §13-3821 of the Arizona Revised Statutes.

2.0 Purpose

To address the admission and continued enrollment of registered sex offenders at NPC.

3.0 Definitions

3.1 Registered sex offender: A person required to register as defined and provided in A.R.S. §13-3821.

3.2 NPC Campus Assessment, Response, and Education (CARE) Team: A team composed of faculty, staff, and administrators appointed by the president of NPC. The CARE Team will determine if the registered sex offender presents a threat or a potential danger to the NPC’s community.

3.3 Administrative Withdrawal: The withdrawal of a student from a course by the Vice President for Learning and Student Services (VPLSS), the Registrar, Faculty, or other authorized NPC-personnel.

4.0 Procedure

4.1 Policy

NPC reserves the right to deny or revoke admission of registered sex offenders in accordance with Policy #1290.

4.2 Responsibilities

NPC reserves the right to deny or revoke admission of a registered sex offender upon notification by local authority as required in Section §13-3825 of the Arizona Revised Statutes. NPC reserves the right to evaluate and document special cases and to refuse admission if it is determined that the registered sex offender is a threat or a potential danger to the NPC’s community or if such refusal is considered to be in the best interest of NPC. Students whose admission is suspended after enrollment must be notified of their right to an appeal process and must be provided with due process.

4.3 Procedures

a) A registered sex offender shall identify themselves to the office of the VPLSS. If another NPC employee is notified, the NPC employee shall notify the office of the VPLSS.

b) When NPC learns that an applicant or enrolled student is a registered sex offender, the applicant or student will not be allowed to register for classes.

c) If the registered sex offender is an applicant, written notification will be sent via certified mail by the VPLSS to the home address listed in the student information system that admission to NPC has been postponed based on his or her listing on the sex offender registry and pending completion of an appeal process. The applicant must initiate the appeal process within ten (10) college-business days of the date on the notification sent by NPC. Failure by the applicant to initiate the appeal process within ten (10) college-business days of notification from NPC will forfeit his or her right to appeal.

d) If the registered sex offender is an enrolled student, written notification will be sent via certified mail to the mailing address listed in the student information system. The written notification will require the student to initiate the appeals process within ten (10) college-business days of the date on the notification sent by NPC in order to receive consideration to remain enrolled. The individual will remain provisionally enrolled pending the outcome of the appeal process. Failure by the student to initiate the appeal process within ten (10) college-business days of the date on the notification from NPC will result in written notice of administrative withdrawal from all current and future semesters, and forfeiture of the individual’s right to appeal.

e) Appeal process for denial of admission or withdrawal for registered sex offender:

The applicant or withdrawn student shall be given notice that explains the appeal procedure and requests the following information within ten (10) college-business days following the date of such notice:

i. Formal request for an appeal

ii. Disclosure of the nature of the offense for which the person has been convicted;

iii. Justification for consideration of admission, reinstatement, or continued enrollment; and

iv. Statement acknowledging the individual's understanding that his or her identity and status as a registered sex offender will be publicized within the NPC community in accordance with federal and state law if admitted or reinstated.

f) Upon receipt of a request for appeal within the required ten (10) college-business days of notification, the VPLSS will convene the CARE Team for a hearing of the registered sex offender’s appeal. The purpose of the hearing will be to determine if the registered sex offender is a threat or a potential danger to the NPC’s community. The CARE Team will review the information submitted and make a recommendation by a simple majority vote within fourteen (14) college-business days of receiving the letter of appeal. The Co-Chairs of CARE Team will serve as co-chairs of the panel. The VPLSS will review the recommendation, make a final decision, and inform the registered sex offender in writing of the decision. If the VPLSS determines that the registered sex offender presents a threat or potential danger to the NPC’s community, denial of admission to NPC will be permanent. If the registered sex offender is currently enrolled, and the VPLSS determines that the individual is a threat or potential danger to the NPC’s community, he or she will be administratively withdrawn from classes, will receive a 100% refund, and will be denied future admission/enrollment to NPC. The resolution of the appeal by the VPLSS shall be final.

4.4 Waiver

If a student or applicant fails to comply with the terms of this procedure, he or she will forfeit the right to appeal the denial of admission or enrollment at NPC.

4.5 Notice

In accordance with the Federal Campus Sex Crimes Prevention Act, NPC will inform the college community of any known sex offenders attending NPC. The following site may be accessed to obtain information on registered sex offenders: azdps.gov/Services/Sex_Offender/.

4.6 Interpretation

Authority for interpretation of this procedure rests with the VPLSS.