The Campus Sex Crimes Prevention Act of 2000 (CSCPA), which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, supplemented the Wetterling Act's general standards for sex offender registration and community notification programs by enacting provisions that are more specifically designed to ensure that the members of campus communities have information available concerning the presence of registered sex offenders.
The CSCPA also enacted two amendments to Federal education laws. One of these is an amendment to the Higher Education Act of 1965, which requires institutions of higher education to advise the campus community where it can obtain the information about registered sex offenders provided by the State (pursuant to 42 U.S.C. § 14071(j)), such as the campus law enforcement office, a local law enforcement agency, or a computer network address. See 20 U.S.C. § 1092(f)(1)(I).
The other is the Family Educational Rights and Privacy Act of 1974, which clarifies that FERPA does not prevent educational institutions from disclosing such information.
The CSCPA requires that:
- Convicted sex offenders who are required to register under state law must also disclose their status as a sex offender to Texas Southern University (TSU) when they are enrolled in or employed by the university. Convicted sex offenders must also notify the university of each change of enrollment or employment status. Definitions for student and employee are:
- An individual enrolled at TSU on a full-time or part-time basis; or
- An individual that has any sort of full-time or part-time employment with TSU (with or without compensation) for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year.
- The state of Texas must make this information available to a law enforcement agency where TSU is located.
- TSU must issue a statement advising the university community where state-provided law enforcement information concerning registered sex offenders (RSO) may be obtained (20 U.S.C. § 1092(f)(1)(I)).
As prescribed in the law, TSU hereby notifies its community where law enforcement agency information concerning registered sex offenders may be obtained. The Texas Department of Public Safety (TDPS) is responsible for the Texas Sex Offender Registry.
Notifications
RSO Notification
Texas Criminal Code §62.153 states that, no later than the 7th day after starting employment, carrying on a vocation, or attending classes at TSU, an RSO must notify the Department of Public Safety, their verifying agency, and their supervising officer if on parole or probation.
RSO Registration ProceduresCommunity Notification
The TSU Department of Public Safety will coordinate with the local law enforcement agency responsible for the individual community notifications to ensure the sex offender notification is provided to the TSU community. For TSU departments with facilities off-site of the main University campus that may receive an RSO community notification flier from a local law enforcement agency, Facilities managers are advised to post the flier in the building’s common area easily accessed by students, staff, and faculty for a suggested time period of thirty (30) days. Specific information and instructions related to the community notification will be contained in the flier.
Any use of this information to threaten, intimidate, harass, or create a criminal act against another person will result in criminal prosecution.
RSO Registration
Pursuant to Texas Chapter 62 of the Texas Criminal Code §62.015(a), no later than the 7th day after arrival, a sex offender must register with the local law enforcement authority where residing, or intending to reside, for more than seven days.
In Texas, the sex offender registry is a list of people who have been convicted of an eligible sex crime. The nature of the offense determines how long they have to register.
Offenses that require lifetime registration*
- continuous sexual abuse of a child,
- indecency with a child
- sexual assault
- aggravated sexual assault,
- sexual performance by a child,
- aggravated kidnapping, if there was an intent to commit a sex crime,
- burglary, if there was an intent to commit a sex crime once inside
- human trafficking involving prostitution,
- child trafficking involving or leading to a sex crime
- continuous human or child trafficking
- Incest
- compelling child prostitution
- possession or promotion of child pornography
- possession or promotion of obscene material of children under 18
- indecent exposure involving a child
- unlawful restraint or kidnapping of a child under the age of 17
* Texas Criminal Code §62.101(a)
Offenses that require 10-year registration*
- indecent exposure involving a child, if it was the first offense
- unlawful restraint or kidnapping of a child, if it was the first offense
- a second offense of indecent exposure involving an adult
- bestiality
- soliciting a minor online
- prostitution
- certain instances of statutory rape (with a minor under the Texas age of consent of 17)
- attempt or conspiracy to commit a sex crime that requires registration
* Texas Criminal Code §62.101(a)
Texas RSO’s are classified into 4 different risk levels:
- Level 1 (low): Individuals in this category pose a low danger and will likely not engage in criminal sexual conduct.
- Level 2 (moderate): Offenders in this category pose a moderate danger and may engage in criminal sexual conduct.
- Level 3 (high): Offenders in this category pose a serious danger and will likely continue to engage in criminal sexual conduct.
- Civil Commitment: Offenders in this category are considered sexually violent predators and are civilly committed while undergoing sex offender treatment.
Texas Criminal Code §62.151 defines employment or vocation as a person who works or volunteers on a full‐time or part‐time basis. for a consecutive period exceeding 14 days or for an aggregate period exceeding 30 days in a calendar year, regardless if the person works for compensation or for governmental or educational benefit.
RSO Living in Residential Housing
Texas Criminal Code §62.064 states that if an RSO wants to reside on the campus of a public or private institution of higher education: If the offense was committed on or after 09/01/2017, the RSO is prohibited from residing on campus unless they have:
- Received approval from TSU Department of Public Safety to reside on campus.
- Has been assessed a Low risk level (Level 1).
Any criminal activity involving an RSO should be reported to police.
Any person who is required to register as a sex offender in Texas shall provide notice as required under state law. The offender is required to report such information concerning RSO’s enrollment or employment and to make this information available promptly to the TSU’s Department of Public Safety (See, Procedures for Notification - this should be linked to the procedures).
The TSU Department of Public Safety will coordinate with the local law enforcement agency responsible for the individual community notifications to ensure the sex offender notification is provided to the TSU community. For TSU departments with facilities off-site of the main University campus that may receive an RSO community notification flier from a local law enforcement agency, Facilities managers are advised to post the flier in the building’s common area easily accessed by students, staff, and faculty for a suggested time period of thirty (30) days. Specific information and instructions related to the community notification will be contained in the flier.
FERPA
The Family Educational Rights and Privacy Act (FERPA) is amended (§ 1232g(b)(7)(A)) to make it clear that FERPA does not prohibit the release of data on registered sex offenders under this law. (https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2002-10-28/summary-disclosure-education-records-concerning-registered-sex-offenders)
The guidance states in relevant part:
"Thus, nothing in FERPA prevents an educational institution from disclosing information provided to the institution under the Wetterling Act concerning registered sex offenders, including personally identifiable, non-directory information from education records that is disclosed without prior written consent or other consent from the person. The authority of educational institutions to make such disclosures extends both to information about registered sex offenders made available by a State in carrying out the specific requirements of the CSCPA (42 U.S.C. § 14071(j)) and information about registered sex offenders that may otherwise become available to educational institutions through the operation of State sex offender registration and community notification programs."
Under the provisions of the Family Educational Rights and Privacy Act, as amended by the Campus Sex Crimes Prevention Act, TSU will disclose information concerning registered sex offenders. The purpose of this reporting is to ensure that members of the campus community have information available concerning the presence of registered sex offenders.
More about FERPA