sh Higher Education Practice November 2002
The following information is provided courtesy of Marsh & McLennan Companies, the world's leading risk and insurance services firm and a leading broker in higher education insurance and risk management. This information appeared in a November 2002 Marsh publication.
"The Campus Sex Crimes Prevention Act" adds a new disclosure to the list of disclosures an institution must provide in its Annual Security Report to students and staff under the Campus Security Act of 1990 (The Clery Act). This law was signed on October 28, 2000, and became effective on October 31, 2002.
In this new disclosure, an institution must inform members of the campus community of the means by which they can obtain information about registered sex offenders who may be present on campus. Beginning with the Annual Security Report distributed by October 1, 2003, a statement must be provided advising the campus community where law enforcement agency information may be obtained concerning registered sex offenders on campus. Sources may include the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, a computer network address, or combination thereof.
The Campus Sex Crimes Prevention Act requires sex offenders, who are required to register under state law, to provide notice of enrollment or employment at any institution of higher education (IHE) in that state where the offender resides, as well as notice of each change of enrollment or employment status at the IHE.
In turn, this information will be made available by the state authorities to the local law enforcement agency that has jurisdiction where the IHE is located. The IHE is not required to request this data from the state, but the IHE must issue a statement (see the reporting requirement in 20 U.S.C. § 1092(f)(1)(I)) advising the campus community as to where information concerning registered sex offenders can be obtained.
Here is an example of how Oklahoma University has addressed the law.
Federal and state laws on sex crimes and related links.
links updated 8/5/08 rab