To increase the safety and welfare of students and employees by providing timely and appropriate notification to the college community upon concerning registered sex and kidnapping offenders whose presence may be reasonably expected on or near the college campus. The college community consists of employees, students, and general public on or about the campus site.  

This notification shall be in accordance with applicable state law and shall be in such a manner as maintains safety without creating excessive anxiety among students or employees, and without contributing to possible punitive action or undue barriers to accessing education. This policy is not intended as a directive for employees to monitor conduct nor to report to any agency. 

Public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and to counteract the danger created by a particular offender (RCW 4.24.550(1)).

This applies to any information regarding:

• Any person convicted of a sex offense as defined in RCW 9A.44.130 or a kidnapping offense as defined in RCW 9A.40;
• Any person under the jurisdiction of the indeterminate sentence review board as the result of a sex or kidnapping offense;
• Any person committed as a sexually violent predator under RCW 71.09 or as a sexual psychopath under RCW 71.05 or RCW 71.34 (RCW 4.24.550(1)).

Upon notification from the Whatcom County Sheriff’s Office, Bellingham Police Department, or other law enforcement agency, or other persons that a sex or kidnapping offender has registered locally, the College will determine if the offender has applied for enrollment or employment, has registered for a course, or is employed by the College. Following determination that the offender can reasonably be expected to be on campus, the College may: 

1. Communicate with the reporting agency to request and review all pertinent information. 
2. Communicate with the original investigating agency to discuss the assessment of the offender. 

Washington State law requires that an adult or juvenile who has been convicted of a sex or kidnapping offense, or who has been found not guilty by reason of insanity of such an offense, to register with the designated office of any public or private institutions of higher education within ten (10) days of receiving notice of admission. Information to be provided includes the offender’s name, address, date and place of birth, place of employment, crimes for which convicted, date and place of conviction, aliases used, and social security number. 

An offender who knowingly fails to register with their respective Sheriff’s Office or institution of higher education is guilty of either a class C felony or a gross misdemeanor, depending on the severity of the sex or kidnapping crime for which the offender was convicted.  

Students who are registered offenders or who have been convicted of a sex offense are required to meet with the Vice President of Student Services or their designee prior to attending classes to review the notification process and any conditions of enrollment. 

A block will be placed on the offender's student account preventing registration until this requirement is met. Offenders may arrange this meeting by contacting Kathleen Hamilton at khamilton@btc.edu with their name, student ID number, and when they intend to begin attending BTC.

Employees, volunteers, and contractors who are registered offenders or who have been convicted of a sex offense while employed at BTC or working at any BTC location must notify Human Resources prior to the commencement of their employment or engagement at BTC or immediately upon conviction. If the College becomes aware that an employee has been convicted of a sex offense and has not notified Human Resources, the employee may be subject to disciplinary action, up to and including termination. Volunteers and contractors who fail to disclose their status may be subject to immediate termination.

Disclosure Process

All communication from law enforcement officials regarding convicted sex or kidnapping offenders shall be directed to the Vice President of Student Services’ Office. All official communications to the college community shall also come from the Vice President of Student Services’ Office or Human Resources. Requests for additional information will be referred to the appropriate law enforcement agency. 

Working with appropriate law enforcement officials, the College will assess campus safety issues related to offenders who have been identified as students, potential students, employees, volunteers, or contractors. 

The extent of the College public disclosure of relevant and necessary information shall be directly related to: 

• The level of risk posed by the offender to the community. 
• The locations where the offender resides, expects to reside, or is regularly found. 
• The needs of the affected community members for information to enhance their individual and collective safety. 

The Vice President of Student Services or their designee will develop a plan that includes specific limitations, restrictions, behavioral concerns, and any other factors determined important for campus safety, which may include: 

• Conditional or Restricted Admission. Convicted sex or kidnapping offenders may be admitted on a conditional basis. Conditional or restricted admission may require a behavioral contract, safety plan, site restrictions, mandatory meetings with a counselor, community advisory notices, or other restrictions determined important for safety of the offender and the campus community. 
• Denial of Admission. The College may deny a prospective student admission under RCW 28B.50.090 (3)(b) if the student would not be competent to profit from the curriculum offerings of the College, or would, by their presence or conduct, create a disruptive atmosphere within the College not consistent with the purposes of the institution. 
• Denial of Employment. The Washington State Child and Abuse Information Law (RCW 43.43.830-845) requires that anyone with unsupervised access to certain vulnerable populations be screened for specific information about any convictions for crimes against persons and crimes relating to financial exploitations and for findings in related actions and proceedings. Positions identified as having unsupervised access to children or vulnerable adults will undergo a Washington Access to Criminal History (WATCH) background check prior to offer of employment. Upon receipt of the background check results, Human Resources will review the information based on the criteria for the position. If there are any criminal conviction(s) or other concerns raised by the background check, Human Resources will consult with the appropriate Appointing Authority or designee to determine whether the information would disqualify the applicant. 
• Required Review of Quarterly Enrollment Prior to the 10th Day of the Quarter. Enrollment in classes is contingent upon review of conviction and behavioral contract parameters. 
• ID Card. Offenders enrolled or employed at the College will obtain an updated BTC ID card annually. 

Refusal to comply with the conditional or restricted admission requirements may result in disciplinary action, up to and including suspension or expulsion for student offenders based upon BTC’s Student Code of Conduct (WAC 495B-121). Human Resources will work with the applicable department to determine whether the employee’s registered offender status disqualifies that individual from their employment or, in the case of job applicants, prospective employment, or whether other limitations apply. 

Following verification, the College may send notifications as described in policy 432.0 Sex and Kidnapping Offender Notification and 513.0 Release of Sex Offender Information. 

BTC will maintain files on all sex and kidnapping offenders who has applied for enrollment or employment, has registered for a course, or is employed by the College per Washington State retention guidelines. These files will include: 

• Copies of all files, photos, and other correspondence provided by other agencies. 
• A record of any meeting notes, safety plans, behavioral contracts, site restrictions, or other enrollment requirements. 
• A record of all notifications made. 
• Copies of all community advisory flyers or other public notices. 

The extent of the public disclosure and necessary information shall be rationally related to (a) the level of risk posed by the offender to the community, (b) the locations where the offender resides or is regularly found, and (c) the needs of the members of the College community for information to enhance their individual and collective safety. The extent and type of notifications may be adjusted on a case-by-case basis, after direct consultation with local law enforcement, but shall be generally guided by the offender risk factors as follows:

Level 1

The vast majority of registered offenders are classified as Level I offenders. They are considered at low risk of re-offending. These individuals may be first time offenders and are usually known by their victims. They normally have not exhibited predatory type characteristics, and most have successfully participated or are participating in approved treatment programs.

Level I offenders are generally not the subject of general public notifications to the campus community. The extent and types of notifications for Level I offenders may be adjusted on a case-by-case basis, but the college community and Level I offenders can generally expect notifications to be made to the following groups:

• President’s Leadership Team
• Key administrators
• Campus Assessment, Response, and Evaluation Team
• Affected employees (including student employees)
• Any individual college community member upon request

Level II

Level II offenders have a moderate risk of re-offending. They generally have more than one victim and the abuse may be long term. These offenders usually groom their victims and may use threats to commit their crimes, and they have a higher likelihood of re-offending than the Level I offenders. They are considered a higher risk to re-offend because of the nature of their previous crime(s) and lifestyle (drug and alcohol abuse and other criminal activity). Some have refused to participate or failed to complete approved treatment programs. Typically, these individuals do not appreciate the damage they have done to their victims.

Washington State law may allow the public disclosure of Level II offenders under certain conditions. Level II notifications including relevant, necessary, and accurate information may be disclosed to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found.

Level II offenders are generally not the subject of general public notifications to the campus community. The extent and types of notifications for Level II offenders may be adjusted on a case-by-case basis, but the college community and Level II offenders can generally expect notifications to be made to the following groups:

• President’s Leadership Team
• Key administrators
• Campus Assessment, Response, and Evaluation Team
• Tutoring Center, Library, and other impacted departments
• Faculty in the classes in which the offender is enrolled
• Students may be notified in the classes in which the offender is enrolled
• Any individual college community member upon request

Level III

Level III offenders are the greatest risk to the community. Most are predatory, have other violent crime convictions, refused treatment, and are known substance abusers. Community notification is the most extensive for Level III offenders.

Washington State law permits notifications about Level III offenders that include relevant, accurate, and necessary information. This information is permitted to be disclosed to the public at large. The extent and types of notifications for Level III offenders may be adjusted on a case-by-case basis, but the college community and Level III offenders can generally expect notifications to be made to the following groups:

• President’s Leadership Team
• Key administrators
• Campus Assessment, Response, and Evaluation Team
• Tutoring Center, Library, and other impacted departments
• Faculty and students in the classes in which the offender is enrolled
• All college departments and employees via campus email
• The college community via community advisory flyers posted to campus bulletin boards and in relevant classrooms
• General Public via community advisory notices at private residences and business adjacent to campus facilities
• Any individual college community member upon request

Employees and students are prohibited from using released information to threaten, intimidate, harass, or injure a convicted sex or kidnapping offender or cause damage to their property. Such actions may result in criminal charges, employee discipline up to and including termination, or student disciplinary action, as applicable, under the Student Code of Conduct.

Any abuse of released information will not be tolerated as it could potentially impact BTC's ability to release this important information to the public.

In accordance with the Campus Sex Crimes Prevention Act of 2000 (which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act), the Jeanne Clery Act, and the Family Educational Rights and Privacy Act of 1974, Bellingham Technical College provides a link to the Sex Offender Registry. This act 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 a vocation, or is a student.

Local, State, and National registry information shall be used for the purposes of screening of current and prospective employees, volunteers, or otherwise for the protection of the public in general and children in particular. Unlawful use of the information for purposes of intimidating or harassing another is prohibited.

Sex and kidnapping offenders are required to notify the Vice President of Student Services of their intent to enroll at BTC. More information can be found in BTC's Sex and Kidnapping Offender Notification policy. A list of those individuals who have complied with this requirement is kept by the Vice President of Student Services' Office.

• Whatcom County Sex Offender Registry
• National Sex Offender Registry

In addition, a list of sex offenders is maintained by the Whatcom County Sheriff's Office at www.sheriffalerts.com.