Sexual Predators or Sexual Offenders - Procedure 1.3000

 
Based on Board Policy number and Florida Statute:Effective Date:
F.S. 775.21; 943.0435; 944.606; 944.607; 1001.64 10/21/02; Rev. 12/09

Purpose

To establish guidelines for admission to the College or employment by the College for applicants designated as Sexual Offenders/Sexual Predators.

Procedure

Applicants/Students

  1. The College has determined that the presence on campus of students officially designated as Sexual Predators/Sexual Offenders would be disruptive to the orderly process of the College’s programs and services and/or would interfere with the rights and privileges of other students. In accordance with §1001.64(8), F.S., the College may consider the past actions of any person applying for admission or enrollment and may deny admission or enrollment to an applicant because of misconduct if determined to be in the best interest of the College.
  2. The College denies admission/enrollment to students who are officially designated as Sexual Predators/Sexual Offenders. If an academic term has already begun at the time the College receives notification of offender status, the student’s admission will be rescinded, and an administrative withdrawal and refund for fees paid for the term in progress will be processed. The student may also receive credit for required textbooks purchased for classes from which the student has withdrawn. All requests for text book refunds must be received before the end of the term of withdrawal.
    1. The admission determination may be appealed to the Vice President for Student Success. To submit an appeal the student must send a letter to the Vice President that contains the following:
      1. The reason the student believes an appeal should be granted.
      2. Documentation of the legal proceedings that led to the student being listed with the State of Florida as a Sexual Predator/Sexual Offender including police reports, court proceedings, adjudication, time served and parole information. If this information is not received with the letter of appeal, the Vice President for Student Success may attempt to collect it through other means.
      3. The names and contact telephone numbers of at least three professional references who can attest to the student’s ability to function without harm to the college educational environment that includes persons under the age of 18. These may include, but are not limited to, probation officers, therapists, employers, and clergy.
    2. Once documentation is received from the student, the Vice President for Student Success will review the information and may take such steps as deemed necessary to make a fair determination of the appeal. These may include, but are not limited to, conducting telephone interviews with the references provided, reviewing information with the Director of Safety & Security and the Director of Legal Affairs, and talking with the appellant about the situation presented.
    3. The Vice President for Student Success may conduct a face to face meeting with the student to determine whether the student poses a risk to the college educational environment. The final decision will be made based on the full documentation received and any meeting with the student.
    4. The student will receive a letter of the decision from the Vice President for Student Success.
    5. The Vice President for Student Success will monitor the students’ enrollment each term through their degree completion at the College. Any behavioral issues may result in disciplinary action, up to and including immediate and permanent expulsion from the College.

Applicants/Employees

The College has determined that the employment of persons officially designated as Sexual Predators /Sexual Offenders would be disruptive of the orderly process of the College’s programs and/or would interfere with the rights and privileges of other members of the College community. In accordance with §1001.64(46), F.S., the College may consider the past actions of any person applying for employment and may deny employment to a person because of misconduct if determined to be in the best interest of the College. Accordingly, applicants for employment at the College who are officially designated as Sexual Predators /Sexual Offenders will be excluded from further consideration, and employees who are officially designated as Sexual Predators /Sexual Offenders shall be terminated from employment with the College in accordance with applicable policies and procedures.

Recommended by Executive Team Date 12/09
Approved: Joseph A. Sarnovsky, Interim President Date 12/09
 

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