Legislation and Policy Regarding Sex Offender Admissions
Section 23-2.2.1 of the Code of Virginia requires that the VCCS send enrollment information to the Virginia State Police concerning applicants to institutions of higher education. This information is transmitted electronically and compared against the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry. Language on the web application informs applicants that their information is being transmitted to the State Police.
In the event that the State Police determine that an applicant to Thomas Nelson Community College is listed on the Sex Offender Registry, the State Police will notify TNCC. When the College receives such a notification, the following procedures apply:
A. The applicant will be sent a letter to his/her mailing address that states, “Due to your status as a sex offender listed on the National Crime Information Center Convicted Sexual Offender Registry you must meet with the “TNCC Admission’s Panel to review your continued admission status.”
B. The applicant must respond to the request within seven (7) working days to meet with the panel. If the applicant does not respond within the 7 day request, then he/she will be denied continuing admission status and administratively withdrawn from courses if necessary.
C. The applicant will be asked to provide the following information when meeting with the Panel.
- Disclosure of the nature of the Offense for which he/she has been convicted:
- Justification for consideration of admission or continuing admission:
- Statement acknowledging his/her understanding that his/her identity and status as a convicted sex offender will be available for review on the college campus in accordance with federal and state laws if his or her admission is continued.
D. A panel of six (6) faculty and staff members will review the totality of circumstances on a case by case basis. The information sought will be the same that will allow an offender to be removed from the registry. Those include nature and number of offense(s), date of last offense, length of time from the last offense, treatment and/or counseling sought, and restitution completed. The Panel will make a decision to continue admission by a simple majority vote within six (6) working days of receiving the letter. The Panel will consist of having one representative from College Support Staff, Administration, Counseling, and Faculty. The Police Chief or his designee will serve in an ex officio, non-voting capacity. The convener will be the Associate Vice President for Student Affairs.
E. The Associate Vice President for Student Affairs will inform the applicant by letter of the decision of the Panel.
F. The student may appeal the decision by letter to the Vice President for Student Affairs within seven (7) working days of the date of the Panel decision letter.
G. The Vice President for Student Affairs will review all documents provided by the Panel and may meet with the applicant to make a decision within seven (7) working days from the date of the appeal letter. The decision of the Vice President shall be final.
Sex Crimes Prevention Act
The federal Campus Sex Crimes Prevention Act was enacted on October 28, 2000. The Law requires institutions of higher education to issue a statement advising the campus community where law enforcement information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student. In the Commonwealth of Virginia convicted sex offenders must register with the Sex Offender and Crimes Against Minors Registry maintained by the Virginia Department of State Police. Information concerning offenders registered may be disclosed to any person requesting information on specific individuals in accordance with the law.