Registered Sexual Offender Notification

To increase the safety and welfare of students and employees by providing timely and appropriate notification to the College community upon concerning registered sex 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. 

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Authority

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.

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 71.34 (RCW 4.24.550(1)).
Sex and kidnapping offenders who are admitted to the College must notify the Sheriff of the offender's intent to attend College within three business days of enrolling at the College or the start of classes, whichever is earlier. The Sheriff then notifies the Vice President of Student Services' Office. (RCW 9A.44.130(1))
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Procedure

Upon reviewing written notification from the Sheriff's Office or any other law enforcement agency about the likely presence of a sex offender on or near any College-controlled facility, activity, or event, the College may take such steps as are necessary and appropriate under applicable state law to inform pertinent members of the College community of the presence of such persons. Persons likely to be present include applicants for admission, attending students, employees of the College, or persons otherwise known or suspected to frequent the College or College-controlled facilities, activities, or events.

The Vice President of Student Services shall be the designated official to receive notifications from the Sheriff's Office or other police agencies. Prior to notification, the Vice President of Student Services may, when deemed advisable, contact appropriate police and/or community corrections personnel to obtain information to guide notification actions. They shall coordinate notification to the campus community with the Safety Director. Any person on campus receiving notification from a policy agency shall provide a copy of such notification to the Vice President of Student Services. The Vice President of Student Services shall make the appropriate notifications if the offender is enrolled or deemed likely to enroll in or attend a course, program, or other activity or event that is controlled or sponsored by the College.

Offenders are required to meet with the Vice President of Student Services or designee prior to registering for classes, and a block will be placed on the offender's 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 attend BTC.

The office of the Vice President of Student Services will maintain the following records on all registered sex offenders covered under this policy: copies of all files, photos, and other correspondence provided by other agencies, records of all notifications made, and copies of all community advisory flyers or other public notices.

In the case of a College employee, the Executive Director of Human Resources shall maintain a similar file and, with the consultation of the President, shall coordinate notification.

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:

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Offender Risk Factors

  • Level 1 - Low Risk

    The vast majority of registered sex offenders are classified as Level I offenders. They are considered at low risk of reoffending. These individuals may be first time offenders and they 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 sex offenders may be adjusted on a case-by-case basis, but the College community and Level I sex offenders can generally expect the following to be notified:

    • Campus Administrators
    • Campus Assessment, Response, and Evaluation Team
    • Faculty for the offender's courses
    • Any individual College campus member upon request
  • Level II - Medium Risk

    Level II offenders have a moderate risk of reoffending. 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 reoffending than Level I offenders. They are considered a higher risk of reoffending 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 Registered Sex 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, business and organizations that serve primary 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 notification to the campus community. The extent and types of notifications for Level II sex offenders may be adjusted on a case-by-case basis, but the College community and Level II offenders can generally expect the following to be made:

    • President's Leadership Team
    • Campus Administrators
    • Campus Assessment, Response, and Evaluation Team
    • Tutoring Center
    • Library
    • Student Center
    • Faculty for the offender's courses
    • Students may be notified in all the offender's classes
    • Any individual College campus member upon request
  • Level III - High Risk

    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.

    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 sex offenders may be adjusted on a case-by-case basis, but the College community and Level III offenders can expect the following to be notified:

    • President's Leadership Team
    • Campus Administrators
    • Campus Assessment, Response, and Evaluation Team
    • Tutoring Center
    • Library
    • Student Center
    • Faculty for the offender's courses
    • Students in all the offender's classes
    • All college departments and employees via internal mail
    • Community advisory flyers posted to campus bulletin boards and in relevant classrooms
    • Any individual College campus member upon request
The Whatcom County Sheriff's Office maintains an online registry of Level II and Level III sex offenders who are registered to live in Whatcom County.
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Immunity

Public officials, public employees, and public agencies are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. (RCW 4.24.550)
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Retaliation

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.

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Sexual Offender Registry

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 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 Offender Notification policy. A list of those individuals who have complied with this requirement is kept by the Vice President of Student Services' office.

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

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