NOTIFICATION OF REGISTERED SEX OFFENDER

Purpose: To increase the safety and welfare of the students and staff of Sitting Bull College by providing timely and appropriate notification of the presence of a convicted sex offender. This notification shall be in accordance with applicable state law(s) and shall be in such a manner that maintains safety without creating excessive anxiety among students and staff.

Authority: Pursuant North Dakota Century Code Section 12.1-32-15 and South Dakota SDCL 22-22-31 through 22-22-41, Sitting Bull College is authorized to notify the college community when knowledge is received that a registered sex offender may be expected on or near the college campus, including off-site buildings. This authority is also in conjunction with the Victims of Trafficking and Violence Protection Act of 2000 (Pub. L. 106-386).

Immunity: Public/Tribal employees and/or public/tribal agencies are immune from civil liability for damages for any discretionary decisions or release of relevant and necessary information regarding a registered sex offender, unless it is shown that the employee or agency acted with gross negligence or in bad faith.

Notification: Notification from law enforcement will be made to the Sitting Bull College Registrar’s Office. The Registrar’s Office will verify records to determine if the offender is a registered student and/or communicate the offender status to the Vice President of Student Services. If the college has knowledge that a student is a registered sex offender but has not made contact with appropriate authorities, the Vice President of Student Services will notify law enforcement.

Student Sex Offender Responsibility: Within ten days of enrolling or by the first business day after arriving on campus, whichever is earlier, the student must notify the sheriff for the county where the student resides of intent to attend the college.

Disclosure: The extent of public disclosure of relevant and necessary information shall be directly related to:
(a) The level of risk posed by the offender to the community.
(b) The locations where the offender resides, expects to reside or is regularly found.
(c) The needs of the affected community members for information to enhance their individual and collective safety.

Record Keeping: Any record received from local law enforcement agencies shall be maintained in the Sitting Bull College Registrar’s Office.

Procedure:
1. Upon notification to Registrar’s Office from law enforcement that a sex offender has registered with local law enforcement, the Vice President of Student Services will be informed. All official notifications to the college community shall come from the Vice President of Student Services. Requests for additional information will be referred to the appropriate law enforcement agency.
2. Upon learning of the enrollment/presence of a convicted sex offender at Sitting Bull College, the Vice President of Student Services will take the following steps:
a. Obtain additional information, as necessary, from law enforcement and about the offender’s enrollment and employment history on campus.
b. Meet with administrative staff and review relevant information to assess safety issues posed for currently enrolled students and the Child Care Center.
c. Notify the convicted offender to make him or her aware of the notification procedure. Other than the notification procedure, convicted sex offenders will receive the same rights and privacy protections provided to all students.

3. Notification will correspond with the classification level in the following manner:
a. Level I – Low Risk
(1) Administrative Staff
(2) Selected Directors/Supervisors
(3) Faculty and staff in whose program/courses the offender is enrolled
b. Level II – Medium Risk
(1) All Level I notifications
(2) “Public Notification: Sex Offender Release” posted on various bulletin boards around campus including the Registrar’s/Financial Aid Offices, Child Care Center, Support Services Building, SBC Library, Bookstore, Computer Labs, Student Lounge, and other areas frequented by students.
c. Level III – High Risk
(1) All Level I and II notifications
(2) Information provided to all college employees via campus mail and/or list serve
(3) Vice President of Student Services will provide notification to the classes in which the offender is enrolled.

For more information about current state requirements, please go to
http://www.sexoffender.nd.gov/ for North Dakota information; and
http://sor.sd.gov/ for South Dakota information.

The National/State Sex Offender Registry is at http://www.fbi.gov/hq/cid/cac/registry.htm