Lake Michigan College still has questions to answer

3-22-2010 Michigan:

As a former director of an agency providing services to sexual offenders and their victims and as a former school board member, I am interested in the legal, public safety and educational policy issues surrounding Lake Michigan College's actions.

I was first concerned with LMC using the "other" category of their student conduct code to suspend/expel sexual offenders and the actions of administrators in a serious policy and legal matter without public representation from the board. Administering a code of student conduct to behavior occurring long before enrollment is, to say the least, a stretch. With no stated appeal (student handbook) to the governing board, but rather a board of administrators and students, how is it determined that the code of conduct was even remotely intended to include pre-student behavior?

I was aghast to read the comments of the college's spokesperson who indicated this came to light when a prospective student disclosed his history. She reportedly said, "This brought to light we could have other students." Why the apparent surprise when the responsibility clearly lies with the college to use the sexual offender registry? The registry has existed with public access for many years. The Campus Sex Crimes Prevention Act (2002) added a new subsection to the Wetterling Act - the federal law dealing with state registration of sex offenders - requiring states to obtain information about enrollment from registered sex offenders and to provide that information to law enforcement agencies. Offenders have to report enrollment or face criminal charges. They are not required to report to colleges.

I wonder why LMC administrators and staff, let alone students and parents, were apparently not informed how to be aware of enrolled offenders of adults as well as children. The law has required since 2002 that institutions of higher education provide notice to the campus community of where they can obtain information identifying registered sex offenders who are enrolled. This can include a local police department or an Internet site. The act stopped well short of banning sex offenders from campuses. LMC's student handbook, unlike other community college handbooks (including LMC's partner, Siena Heights University), does not include reference to where to find this information available by college at the Michigan State Police Sexual Offender Registry site.

Clearly, laws establishing a sex offender registry and requiring offenders to report where they are attending school and requiring colleges to inform their "campus communities" are intended to be the first safety measure. LMC appears to not be using this valuable resource with staff or with the community. The LMC president's statement - "This entire process has been about our belief that we as a college have an obligation to protect the thousands of children who come to our college each year for a wide variety of educational activities" - begs the question, where has administration and the board been in their concern for safety, oversight and compliance with law since 2002?

While it is understandable that during possible litigation, specifics cannot be discussed, the public has a right to know of policies related to compliance with law and who is giving the board and administration legal and policy advice, either directly or through the community college association. Without informing the public, the board will again leave the public wondering, if not drawing conclusions, about its competence. ..Opinion.. of Marc Del Mariani lives in Stevensville.