6-22-2011 Michigan:
Student had been suspended last year by college
BENTON HARBOR — A second Lake Michigan College student suspended last year for being a registered child sex offender has been allowed to take classes again.
The student was one of three men who were notified by LMC in February 2010 that they had been banned for being a child sex offender on the Michigan Sex Offender Registry.
Amid national media attention and public concern over the decision, LMC changed its policy to review the enrollment of such students on a case-by-case basis. The old policy automatically suspended students at all four of LMC’s campuses who were listed on the registry as child sex offenders, regardless of whether it was deemed they posed a risk.
Two of the three students filed appeals in February 2010. A student appeals committee allowed one of the students back, but did not for the student most recently accepted back.
The college has not released what its criteria is for reinstating students.
The settlement to allow the student back to LMC was finalized on Tuesday, although he has been taking classes since January.
The student contacted the ACLU of Michigan last year after the college’s original ruling. The ACLU represented the student and urged the college to look over his case again.
Miriam Aukerman, ACLU West Michigan Regional Office staff attorney, said Tuesday that a blanket ban is unfair and illegal.
Aukerman said this particular student’s crimes were for a 10-year-old offense and added that he received numerous support from friends, faculty, a therapist and his parole officer. She would not say what factors during a December investigation led to his reinstatement.
"Other colleges and universities should follow LMC’s lead and craft more carefully tailored rules that actually keep our campuses and communities safe," Aukerman said. Aukerman said it’s certainly possible that some students should be kept out depending on their individual case.
Lisa Martin, the student’s former therapist, said in a statement that the student was "devastated" when he was kicked out of school.
"He cannot change the past or undo what he did," she said. "What he can and did do is work towards becoming a different person. For him, obtaining an education was central to his plan to turn his life around. In my professional opinion, his attendance at Lake Michigan College does not present a risk. He is a positive addition to the campus, rather than a safety threat."
The issue came to light when one of the three students attempted to resister for winter classes at the Niles Bertrand Cross campus and was not allowed to enroll after he told administrators he was a convicted child sex offender. After a background check of all 4,200 students, the school suspended three who appeared on the registry.
The rule applies only to child sex offenders and does not affect sex offenders whose offense were against adults.
Although the old rule would automatically suspend the students, it essentially was like a ban from the school because child sex offenders are required to register for 25 years.
Bob Harrison, LMC’s president, said the college set new policies in place a year ago to give students a chance to return. He said he had no further comment on the issue. ..Source.. by Tom Moor
June 22, 2011
Sex offender allowed back at Lake Michigan College
June 25, 2010
Lake Michigan College cracks down on who can attend
6-25-2010 Michigan:
Officials will review individual cases to determine whether felons, sex offenders can go to school at the college
BENTON TOWNSHIP - Current and prospective Lake Michigan College students who are felons or on Michigan's sex offender registry will no longer be allowed to automatically continue classes or gain admittance under a new policy.
The cases of convicted felons and sex offenders will now be individually reviewed before they are allowed to attend LMC. The school's board of trustees unanimously approved the policy change at its regular meeting Tuesday.
Previously, those convicted of a sex crime against a child were barred from admittance. But on Tuesday, the board approved expanding the policy to include all sex offenders and convicted felons.
Whether the person can enroll or continue with classes will be determined on a case-by-case basis. The individual review, LMC President Bob Harrison said, is to determine the potential threat the current or prospective student poses to other students.
"We'll go about this recognizing that individuals have specific needs, that specific sets of circumstances should alter whether they're allowed to be students here or not," Harrison said. "So I think we're striking a very good balance between fulfilling the mission of the college as well as recognizing our obligation to protect not only our students, but our visitors and our staff."
In February, the college adopted a policy of barring those convicted of a sex crime against children from attending any of LMC's four campuses. The college instituted the practice after a prospective student tried signing up for winter semester classes at the Bertrand Crossing campus near Niles and informed school officials he was a registered sex offender and his victim had been a child.
School officials previously said the prospective student wasn't allowed to register, and the incident sparked a review that determined that three registered students were on the registry for committing sex crimes against children. The three were suspended, but two appealed their suspensions. One of the students successfully appealed the suspension in March, however.
LMC has not released the students' names, citing privacy laws.
School officials previously said they instituted the initial policy to protect children that might be on an LMC campus.
Under the new policy, school officials will review the Michigan sex offender registry to determine if a current or prospective student is an offender. If a prospective or enrolled student is found to be on the sex offender registry or a felon, they will be barred from admission. The potential student, however, can request a hearing before a panel of three school officials to provide documentation and explain their situation. The panel's decision is final.
An enrolled student who is a sex offender or felon will have the same initial hearing process as prospective students. However, current student can appeal that decision to a second panel composed of faculty, administrators and students. The student can keep going to classes until the appeals panel's decision is made.
Harrison said though school officials will be periodically reviewing the sex offender registry, they will not be actively seeking to find convicted felons. Instead, he said, a stipulation will be included in the student handbook telling students that if they are a felon, they are required to notify school officials or face possible expulsion.
The new policy goes into effect immediately.
"With this change each student or potential student affected by the policy gains that opportunity to explain the situation and provide some documentation to a review panel to assess the level of threat to the college community," board Chairman Pat Moody said. "I think it is a good balance."
Harrison said school officials spoke to local law enforcement, social service and education officials before drafting the new policy.
Some of the people they spoke to included Berrien County Chief Trial Judge Alfred Butzbaugh; Jerry Frank, director of the Berrien County Department of Human Services; Lee Gallay with Berrien County Council for Children; Berrien County Sheriff Paul Bailey; Berrien County Prosecutor Art Cotter; and Ira Green, manager of the county's parole office. School officials contacted college and university student conduct experts and community colleges in other states with comparable policies.
"I believe that is a very fair and well-researched new and revised policy," board Vice Chairwoman Judy Truesdell said. "I feel very comfortable in voting in favor of accepting it." ..Source.. SHAWN McGRATH - H-P Staff Writer
March 12, 2010
ACU dean answers to sex offender's enrollment
3-12-2010 Texas:
Dr. Jean-Noel Thompson, Abilene Christian University’s dean of students, realizes the news that former ACU football player Tony Washington spent two years at the school while registered as a sex offender might come as a shock to many people, but he said the decision to allow Washington to enroll wasn’t taken lightly — and there was a strict process the school went through.
“It was not tough for us to see a young man who made a mistake when he was a kid who really wanted very badly to have a new life,” Thompson said. “It wasn’t difficult to make a decision based on that information. What was difficult was that we’re also responsible for a broad constituency — faculty, staff, students, alumni, and community neighbors. We have to understand how they’ll take that information. That was the difficulty in managing the message and also saying enough without violating the confidentiality and destroying a young man. That’s the difficulty.”
Washington, a two-time All-American offensive tackle for the Wildcats the last two years, broke the news about his status as a sex offender while participating in the NFL Combine recently in Indianapolis. He was convicted of having sex with his 15-year-old biological sister in May 2003 while a student at Alcee Fortier High School in New Orleans. Washington was 16 at the time and received five years probation. He didn’t serve jail time, but he had to register as a sex offender wherever he lived. He told scouts and college coaches the sex was consensual.
ACU doesn’t do any formal background checks on students. But the school does require applicants to report whether or not they have any criminal history, other than a minor offense such as a traffic violation. Thompson said if a student does admit to a past criminal offense, then the university gets involved.
“Once the admission office gets that information, they send it over to me as dean of students to explore to say ‘yes we should or should not’ admit based on that prior conduct history,” he said. “Most of those are not serious. The ones that we feel are more serious, we check into.”
Thompson said he works with Jimmy Ellison, the ACU Police Department’s Chief of Police, during his investigations.
“We work through a process of background checks, talking to references, meeting personally with the student — in this case we did several times with Tony — talking with coaches and family and all those things,” Thompson said. “We do a pretty thorough investigation of what’s the level of severity and the risks to our community. If we feel that is very little to none, we ask if it’s OK to have that student on campus.”
Thompson said in Washington’s case, it helped that he would be working closely with football coach Chris Thomsen and his staff who “are passionate and very intentional about the development of young men.”
But Thompson said ACU does take those kinds of chances on non-athletes, too.
“We have through this process accepted non-athletes who have come from a broken or troubled situation but have showed promise” and are low risk, Thompson said. “Part of that process is we’ve got to connect you to someone who can help walk alongside you and really, truly invest and mentor you. It’s not just about a new admit and new enrollment number.”
Washington lived off campus, and Ellison said both Washington and the university did follow the necessary procedures mandated by law.
“He registered with the Abilene Police Department, which is legally required,” Ellison said. “But all that is required is that he registered and any member of the public, student or nonstudent, is given the Texas Department of Public Safety Web site where they view all sex offenders living within a city or a specific area of the city or you can even search by several search parameters.”
Ellison believes ACU, his department and the city of Abilene did a thorough job in handling the situation with Washington.
“We did extensive interviews with Mr. Washington, researched and we consulted with Detective (Gary) Heslep at the Abilene Police Department specific to his status as an offender and what that meant specifically under the law of the offender registry issues and then gathered some specific information related to his offense,” Ellison said. “Compiling all of that in total, we felt he would not impose an undue risk to the campus community or the community at large.”
And Washington, a possible second-round pick in this year’s NFL draft, did get through his time at ACU without incident.
“Tony never had any off-the-field issues, was never in the dean’s office,” his coach, Thomsen, said. “You have to understand, when you’re a registered sex offender, the accountability is high. You just can’t make a wrong move anymore or you’re going to jail. The accountability level for Tony at our program, our school and our community was much greater than any of our other players.” ..Source.. Joey D. Richards
March 5, 2010
2 Lake Michigan College students appeal
3-5-2010 Michigan:
The pair were suspended for being registered child sex offenders; hearing set for March 12
BENTON TOWNSHIP - Two of the three Lake Michigan College students suspended for being registered child sex offenders will have an appeals hearing March 12, a college spokeswoman said Thursday.
Laura Kraklau confirmed that two of the suspended students have filed appeals of last month's decision to bar them from campus, made when officials learned they were on the state's sex offenders registry.
The issue arose when one person seeking to sign up for classes identified himself as a registered sex offender for an offense involving a minor. Administrators checked the registry and found three students on campus who were on the list for crimes against children. The one who admitted to being on the registry was not allowed to register, and the three on campus were suspended between Feb. 11-15.
Under the college's new regulation, others on the registry for offenses involving children will be barred from the college's four campuses. The students are allowed to take classes online.
People convicted of sex crimes against adults are not barred from campus.
Because names remain on the registry for 25 years, the suspensions amount to expulsions.
LMC cited the presence of a child day care facility on the main campus in Benton Township as one reason for the decision to prohibit people whose offenses involve minors.
Kraklau said the appeals hearing would be "an internal process" that would not be open to the public. The appeals committee will be made up of two members of the Student Senate, two faculty members and an administrator, probably a dean, Kraklau said.
After hearing the appeals, the committee will have seven business days to reach a decision. While the hearings would not be open, Kraklau said the final decision might be made public.
The announcement about the new rule was made Feb. 17 on the college's Facebook page. There was no similar announcement about the student appeals.
Kraklau acknowledged that there were "strong feelings on both sides" on campus about the suspensions.
On the LMC Facebook page, Marie Edwards asked, "What is LMC doing to protect its adult students from rape?"
Jeannette Holton commented on the Facebook page that she believes that the sex offender registry "contains many, many people who are not a threat to the safety of others, including those who as teenagers had sex with a younger teenager."
Meanwhile, Holton pointed out, "a person who is on the sex offender registry for violently raping an adult is free to attend."
Berrien County Commissioner Gloria Gillespie, a licensed counselor since 1975 who has worked with the perpetrators and victims of sexual assault, is trying to set up a meeting with college officials "so that when they have to reach a decision they have more information."
She told the county health board Wednesday that she disagrees with the decision to bar these people from campus.
"I'm not an advocate of sex offenders. I'm an advocate of continuing education," Gillespie said. "Are we helping sex offenders by not helping them get an education?"
She said that a person can commit an offense at 11 and remain on the registry into his or her 30s, while there's no similar registry for murderers.
Health Board Chairman Duane McBride agreed that a clearer definition of what constitutes a threat is needed.
"A sex offender is different than a predator," McBride said.
The controversy is attracting national attention. The Chronicle of Higher Education posted an article on its Web site Thursday questioning whether Lake Michigan College's policy could withstand a legal challenge.
Gary Pavela, a legal consultant to colleges, told the Chronicle that the problem with the regulation is that it does not consider offenders on a case-by-case basis.
"The law is clear that there must be individual assessment," Pavela said in the article. "I think there is a legitimate legal question worthy of challenge." ..Source.. JOHN MATUSZAK - Assistant Local News Editor
September 2, 2009
NC- Sex offender known for Domino's food tampering video banned from community college
9-2-2009 North Carolina:
For Kristy Hammonds, the Jessica Lunsford Act has become the law of unintended consequences.
The 31-year-old mother of two small children said she was booted from her classes at Wilkes Community College Monday because she is a registered sex offender. The Wilkesboro college operates an early college high school, making the campus a place where certain offenders are prohibited because minors are present.
Hammonds was one of two Domino’s Pizza employees fired from a Conover franchise in April for tampering with food in a video posted on YouTube. She narrated while co-worker Michael Setzer, 32, placed cheese in his nostril and sneezed on a sandwich roll. Both former workers face a criminal charge of distributing prohibited foods, though they maintain the video was a prank and the tainted sandwiches were not served.
“I’m a nobody, but I turned into an infamous somebody,” said Hammonds, explaining the media firestorm that the Domino’s video ignited. “Now, I’m going to be an advocate for others like me. This time, it’s going to turn out for the better.”
Signed in Gastonia by former Gov. Mike Easley July 28, 2008, the Jessica Lunsford Act tightened restrictions on registered sex offenders in North Carolina. Offenders whose victims were under 16 are forbidden from going “(w)ithin 300 feet of any location intended primarily for the use, care or supervision of minors.”
The law also bans those offenders from being “at any place where minors gather for regularly scheduled educational, recreational or social programs.”
Hammonds, who was convicted of misdemeanor sexual battery in 2006 for having sex with a 14-year-old girl, doesn’t believe the boundary rule should prevent her from completing her education. The law has also been used to toss parishioners from church pews if their congregations operate a children’s nursery, prompting some to call for reform.
No second chances
For the past year, Hammonds has been studying to receive an associate’s in applied science degree at Wilkes. She had a well-paying job as a certified medical assistant waiting for her. She had just begun her third semester when officials told her she was no longer allowed on campus.
“I want to provide a future for my baby,” she said, holding 1-year-old Sara. “I cannot have an education and I cannot have this job and I cannot provide a better future.”
Wilkes Community College spokeswoman Christie Hutchens said Hammonds was given a refund for her tuition and was able to return her books. She said the N.C. Community College System sent Wilkes officials a memorandum stating that the Jessica Lunsford Act would prohibit sex offenders whose victims were under 16 from attending classes because of the early college high school.
“A lot of people, especially people in education, believe in second chances,” Hutchens said. “But at the same time, officially we have to go by the law and the policy set forth by the system office.”
Teenagers who enroll in the early college program graduate in five years with a high school diploma and an associate’s degree. The Wilkes Early College High School accepted 60 freshmen in its first year. Hutchens said the school will add another grade level each of the following four years.
Hammonds said the 14-year-old girl she met had told her she was 19. She pleaded no contest to the misdemeanor charge and received two years of probation.
“I’m not a pedophile or a child molester,” she said. “The detective even said on the stand that I am not a pedophile.”
College officials told Hammonds she couldn’t take online classes because some coursework would still require her presence on campus.
Gaston College, which does not have an early college high school, allows sex offenders to enroll as long as they notify the Gaston County Sheriff’s Office, said spokeswoman Stephanie Michael-Pickett.
Help from Hoyle?
Convinced that the Jessica Lunsford Act stood between her and her education, Hammonds contacted state Sen. David Hoyle — a leading sponsor of the bill. She wants legislators to consider an amendment that would allow sex offenders to attend community colleges, even those that share their campuses with hybrid high schools.
Hammonds went to Hoyle’s real estate office in Gastonia early Wednesday afternoon. The senator wasn’t at work, so she phoned him from the second-story lobby outside his suite.
“The law broke the law. He has broken the law,” she said of Hoyle, “by violating my civil rights.”
Hoyle, D-Gaston, said he doesn’t believe the Lunsford Act should be used to turn students away from colleges. He faults not the law itself, but the community college system’s interpretation of the law.
“Maybe the community college is overreacting,” Hoyle said. “That was never the intent. It never crossed our mind.”
Hoyle said registered sex offenders have made poor decisions and must live with the consequences of those decisions. But he sees no harm in a sex offender seeking enrichment and better career prospects through education.
“I personally would have no problem with the woman going to a community college where there might be high school kids,” he said. “The intent of the law was to keep pedophiles separated from minors, from children.”
Hoyle would consider backing amendments to the law if it is widely found to include community colleges, where many working adults attend classes.
“We do the best we can with the laws with the facts we have to deal with,” he said. “None of them are perfect. Almost every law we pass gets amended every year or two because there are unintended consequences.”
Constitutional conflicts
A registered sex offender arrested for attending a worship service at his church in the town of Moncure is asking a Chatham County judge to declare the 300-foot boundary unconstitutional. James Nichols was arrested March 15 along with another sex offender, Frankie DeMaio, for attending Moncure Baptist Church.
In his motion on Nichols’ behalf, Chapel Hill attorney Glenn Gerding argues that the statute is “overbroad and vague” and violates sex offenders’ First Amendment rights to free exercise of religion and the freedoms of speech and assembly.
The American Civil Liberties Union of North Carolina, which filed a friend-of-the-court brief in support of Nichols’ case, said Hammonds could likely argue that the law violates her 14th Amendment rights to due process and equal protection under the law.
“Under the 14th Amendment, criminal statutes have to be clear enough for people to know whether what they’re doing violates a criminal law,” said Katy Parker, ACLU of North Carolina legal director. “Part of the problem with these provisions is there’s no definitions.”
The law provides some examples of places off-limits to offenders whose victims were under 16 — including children’s museums, nurseries and playgrounds. Churches are not specifically mentioned, and neither are public colleges.
The Gaston County Sheriff’s Office said last December that the N.C. Department of Justice interprets the law to include churches if nurseries or children’s ministries take place within 300 feet of the sanctuary.
Parker said lawmakers could work to protect children without depriving sex offenders of opportunities to worship or study.
“It’s not good public policy,” she said. “We definitely are watching the ways this law is being applied. Wouldn’t you want (sex offenders) to be able to go to churches and rehabilitate? Wouldn’t you want them to go to community colleges and get an education?” ..Source.. by Corey Friedman
October 3, 2008
CA- Senator Jack Scott: Ex-Sex Offenders OK as Students
10-3-2008 California:
Chancellor-Elect of California Community Colleges and former PCC President Sen. Jack Scott said Wednesday that sex offenders should be allowed on campus to pursue their education.
"I'm a strong believer in second chances. If someone has served his time and is deemed worthy to reenter society, a public school should not prevent that person from obtaining an education," said Scott.
Scott was speaking in an interview after his appearance at the Faculty Flex Day.
Scott quickly pointed out that there must be a line drawn between those seeking to learn and those in positions of authority in the school.
"I am very strongly against the hiring of convicted felons, especially ones convicted of sexual offenses," said Scott.
One of Scott's education bills, signed by Gov. Schwarzenegger on Tuesday, concerns sex offenders in schools. Senate Bill 1110 is aimed at protecting students from sexual predators. The bill requires the Commission on Teacher Credentialing to revoke the credential of an educator if a criminal conviction has resulted in a court order prohibiting contact with minors.
"The bill will protect students in schools from potential sexual predators," said Scott's Spokeswoman Wendy Gordon.
The subject has been debated after football player Darryl Stephens, a convicted sex offender, was arrested on campus on suspicion of assault. Subsequently, PCC's Head Football Coach Kenny Lawler is currently under investigation regarding whether he followed college policies and procedures, according to Interim Dean and Athletic Director Beverly Tate. Lawler was placed on "administrative leave" Sept. 19.
Scott, a devout advocate of strict gun control, also commented on whether PCC police officers should have guns.
"The issue really depends on how dangerous the area in question is. I would initially oppose the idea to arm officers on campus because people equipped with firearms are prone to use them," said Scott. ..News Source.. by Pasadena City College
