Executive Policy Manual

EP46 – Registered Sex Offender and Kidnapping Offender Policy

Approved October 5, 2023

1.0  Policy and Purpose

Washington State University (WSU, University) supports providing education and employment to qualified individuals. In the interest of campus safety and risk management, WSU takes preventative steps when registered offenders are admitted to or hired by the institution, or are continuing at WSU in their student, employment, or other capacity. This policy sets forth protocols and requirements that comply with Federal Clery Act reporting (20 USC 1092(f); 34 CFR 668.46) and Washington State requirements (RCW 9A.44.130) when a registered offender is admitted to a University educational program, hired as a University employee, or a volunteer or contractor.

2.0  Definitions

CSCPA: The Campus Sex Crimes Prevention Act

Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

Contractor: See BPPM 60.01 and 70.50 for the definition of contractor.

Employee: A person employed by Washington State University.

Registered offender: Registered kidnapping or sex offender. The term “sex offender” is also used in this policy to refer collectively to both registered kidnapping and sex offenders.

Risk levels: Classifications for offenders if their risk assessment and other factors indicate:

Student: A person who is enrolled on a full-time or part-time basis in Washington State University.

Student offender: For purposes of this policy, registered offender who is an enrolled student in Washington State University.

Volunteer: A person who performs assigned and authorized duties for WSU without receiving wages, and who freely chooses to perform their assigned WSU duties. See BPPM 60.81.

WSU Police: The WSU Police Department Pullman campus, which serves as the central contact for system-wide concerns and reports under this policy; telephone 509-335-8548.

3.0  Roles and Responsibilities

3.1    Offender Responsibilities

As required by the CSCPA and Washington State Law (RCW 9A.44.130), registered offenders must provide notice to the county sheriff in the county where they reside or the county where they attend school or work within three business days prior to arriving at a school of higher education to attend classes or to work. The notice must be made to the county sheriff in the county in which they work or attend school regardless of their state of residence.

3.1.a    Offenders─Students

Registered offenders who are admitted to the University as students must notify the WSU Police Department Pullman Campus no later than three weeks prior to the first day of the semester; telephone 509-335-8548. Undergraduate Admissions and Graduate School Admissions are to notify applicants of this policy no later than four weeks prior to the start of each semester.

Students who are convicted of a sex offense while attending WSU must notify the WSU Police immediately. If the University becomes aware that a student has been convicted of a sex offense and has not notified the WSU Police, the student is referred to the Center for Community Standards for disciplinary action.

International students, particularly in J-1 visa status, need to be referred to the International Programs–International Student and Scholar Services (IP-ISSS) unit; telephone
509-335-4508; e-mail ip.intlservices@wsu.edu. Their immigration status may require reporting of offense to federal authorities.

3.1.b    Offenders─Employees, Volunteers, and Contractors

Employees, volunteers, and contractors who are registered offenders or convicted of a sex offense while employed by WSU or working at any WSU location must notify the WSU Police prior to the commencement of their employment or engagement at WSU or immediately upon conviction; telephone 509-335-8548. If the University becomes aware that an employee has been convicted of a sex offense and has not notified the WSU Police, 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.

3.2    County Sheriff Responsibilities

Upon receiving notice from a registered offender that the offender will be attending or working at WSU, the county sheriff is required by state law to promptly notify the campus department of public safety/security and must provide that department with the person’s:

  1. Name and any aliases used;
  2. Complete residential address;
  3. Date and place of birth;
  4. Place of employment;
  5. Crime for which convicted;
  6. Date and place of conviction;
  7. Social security number;
  8. Photograph; and
  9. Risk level classification.

See RCW 9A.44.138(1).

The county sheriff must notify the applicable institution’s department of public safety whenever a person’s risk level classification is changed or when the sheriff receives notice there is a change in the person’s address. See RCW 9A.44.138(3).

3.3    WSU Responsibilities and Disclosures

WSU Police Department Pullman Campus (“WSU Police”) is the central contact for system-wide concerns and reports under this policy. WSU Police maintain a list of registered offenders known to be attending or employed at the University regardless of location.

Police and public safety departments at non-Pullman locations are responsible for immediately notifying the WSU Police of registered offenders attending or employed at their campus or location.

3.3.a   Offenders─Students

Upon receiving notice from a county sheriff that a registered offender will be attending the University, the WSU Police, after consultation with the University Threat Assessment Team (TAT) or a subset of the TAT, determines appropriate disclosures to staff, as follows: (See EP42 regarding TAT.)

  • For student offenders classified as a risk level 2 or 3, WSU Police must disclose the student’s registered offender status to every instructor of the student prior to each term and to any other personnel who, in the judgment of WSU Police and/or the TAT or a subset of the TAT, supervise the student and/or for security purposes are to be made aware of the student’s record. WSU may also disclose information to students when deemed necessary for campus safety.
  • For student offenders classified as a risk level 1, except as provided below, WSU Police must provide the information received only to personnel who, in the judgment of the department, for security purposes are to be made aware of the student’s record.
  • For all student offenders who are participating in intercollegiate athletics, WSU Police must provide the information received to the Department of Athletics.
  • Each student registered offender is provided a case manager from the office of the Dean of Students and/or their respective campus care case network.

See RCW 9A.44.138(2)(a)-(b).  

To fully assess appropriate disclosures, WSU Police consult with the chairs of the TAT as the main points of contact. The TAT or a subset of the TAT designated by the chairs convenes to review the case. Factors taken into consideration when determining appropriate disclosures include, but are not limited to, the following:

  • The level of risk posed by the registered offender to the community;
  • The locations where the registered offender resides, expects to reside, or is regularly found;
  • The needs of the community members for information to enhance their individual and collective safety.
  • Monitoring and dispatching each semester’s compliance and disclosure process.
  • The amount of time that has passed since conviction;
  • Compliance with legal outcomes and/or registered offender registration;
  • Steps the offender has taken to remedy, rehabilitate, and atone;
  • The underlying offense(s) requiring registration.

Disclosures may include, but are not limited to:

  • Verbal or written information to appropriate WSU employees, faculty, or students;
  • Provision of public or nonpublic posting of the registered offender’s photograph and/or other information; or
  • Alerting individuals or groups and directing them to the Washington Sex Offender Public Registry.
  • Title IX Coordinators’ Office
  • Dean of Students
  • Campus vice chancellor for student affairs
  • WSU Children’s Center and/or childcare centers or other programs for minors at any WSU campus
  • WSU Police Department Pullman Campus (“WSU Police”)

In addition, WSU Police posts a link to the county sex offender database website.

International students, particularly in J-1 visa status, need to be referred to IP-ISSS; telephone 509-335-4508; e-mail ip.intlservices@wsu.edu. Their immigration status may require reporting of offense to federal authorities.

Once appropriate disclosures are identified, disclosures are repeated on a semester basis for as long as the registered offender remains enrolled. Modifications to disclosures or increased frequency of disclosures may be made when necessary for community safety. WSU Police also verify the campus location for the student each semester, as students may change campuses.

Disclosed information is for public safety purposes only. Information must not be used to threaten, intimidate, harass, or injure individuals. Misuse of this information may result in employee or student disciplinary action or criminal charges.

Campus law enforcement and/or campus security departments are responsible for contacting the registered offender to notify them of WSU’s disclosure plan. The University reserves the right to take other action when necessary for campus safety.

3.3.b    Offenders─Employees

WSU may become aware that an employee or prospective employee is a registered offender or has been convicted of a sex offense through:

  • Self-disclosure,
  • The county sheriff,
  • The WSU Police, or
  • A background check conducted pursuant to BPPM 60.16.

HRS then works with the applicable unit 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. This determination may be made in consultation with the WSU Police Department Pullman Campus and the TAT subset as set forth in Section 3.3.a. Background checks and information obtained from background checks must be handled in accordance with BPPM 60.16.

Disclosures may include, but are not limited to:

  • Verbal or written information to appropriate WSU employees, faculty, or students;
  • Provision of public or nonpublic posting of the registered offender’s photograph and/or other information; or
  • Alerting individuals or groups and directing them to the Washington Sex Offender Public Registry.
  • Title IX Coordinators’ Office
  • WSU Children’s Center and/or childcare centers or other programs for minors at any WSU campus
  • WSU Police

    • WSU Police posts a link to the county sex offender database website.

International faculty and scholars on work visas sponsored by WSU need to be referred to IP-ISSS; e-mail ip.scholars@wsu.edu; telephone 509-335-4508. Their immigration status may require reporting of offense to federal authorities.

Once appropriate disclosures are identified, disclosures are repeated on a semester basis for as long as the registered offender remains employed. Modifications to disclosures or increased frequency of disclosures may be made when necessary for community safety. WSU Police also verify the campus location for the employee each semester, as employees may change campuses.

Disclosed information is for public safety purposes only. Information is not used to threaten, intimidate, harass, or injure individuals. Misuse of this information may result in employee and/or student disciplinary action or criminal charges.

Campus law enforcement and/or campus security departments are responsible for contacting the registered offender to notify them of WSU’s disclosure plan. The University reserves the right to take other action when necessary for campus safety.

3.3.c    Offenders─Volunteers and Contractors

The WSU Police, in consultation with the TAT subset and the campus security unit, if other than Pullman, determines whether the volunteer or contractor’s registered offender status disqualifies that individual from working at or for WSU, or whether other limitations apply.

Disclosures may include, but are not limited to:

  • Verbal or written information to appropriate WSU employees, faculty, or students;
  • Provision or public or nonpublic posting of the registered offender’s photograph and/or other information; or
  • Alerting individuals or groups and directing them to the Washington Sex Offender Public Registry.
  • Title IX Coordinators’ Office
  • WSU Children’s Center and/or childcare centers or other programs for minors at any WSU campus
  • WSU Police

    • WSU Police posts a link to the county sex offender database website.

Once appropriate disclosures are identified, disclosures are repeated on a semester basis for as long as the registered offender remains working for WSU as a contractor or volunteer. Modifications to disclosures or increased frequency of disclosures may be made when necessary for community safety. WSU Police also verify the campus location for the employee each semester, as employees may change campuses.

Disclosed information is for public safety purposes only. Information must not be used to threaten, intimidate, harass, or injure individuals. Misuse of this information may result in employee and/or student disciplinary action or criminal charges.

Campus law enforcement and/or campus security departments are responsible for contacting the registered offender to notify them of WSU’s disclosure plan. The University reserves the right to take other action when necessary for campus safety.

4.0    Housing-Specific Information

Individuals who are recognized by the state as level 3 registered offenders must not live in University housing. In limited circumstances and in the University’s sole discretion, students and/or employees with risk level 1 or level 2 registered offender status may be considered for on-campus housing pursuant to this policy. Students with registered offender status who are not permitted to live on campus are exempt from the University’s undergraduate housing requirement. Students may schedule a meeting with the Dean of Students (or designee) to support the identification of options for other living accommodations. Employees may reach out to Human Resource Services and EAP for questions.

If a risk level 1 or level 2 registered offender is interested in University housing, the individual must meet with the Dean of Students or designee (for students) or Chief Human Resource Officer (for employees) or designee. Students must contact the Dean of Students or designee two weeks after being admitted to the University and at least four weeks prior to a semester start. Considerations may be made regarding this timeline based on date of being admitted.

The Dean of Students or Chief Human Resource Officer (or their designee), works with the individual and the TAT (or TAT subset) to determine if the individual is approved to live within University housing. Factors used in making this determination include, but are not limited to, the following:

  • The risk level of the registered offender;
  • The likelihood of reoffending;
  • The amount of time that has passed since conviction;
  • The safety needs of the community; and
  • Steps the offender has taken to remedy, rehabilitate, and atone;
  • The underlying offense(s) requiring registration. 

The Dean of Students or the Chief Human Resource Officer, or designee, and designated TAT members take the following actions:

  1. Consult with campus police and/or campus security regarding the student or employee and verify that the individual has registered locally with the appropriate law enforcement agency.
  2. If it is determined that University housing is appropriate, the Dean of Students (or designee) or Chief Human Resource Officer (or designee), identifies an appropriate placement option for the individual, in consultation with the WSU Police, subset of the TAT, and/or campus security and Housing and Residence Life (for students and employees) or Facilities Services (for employees).
  3. The Dean of Students (or designee) or Chief Human Resource Officer (or designee), creates an individualized plan to support both the individual’s and the living community’s success. This plan may include disclosures to the campus community (including other residents), as recommended by WSU Police and subset of the TAT or campus security through the process outline in Section 3.3.a. The individualized plan is to be reviewed and renewed on a semester basis.

 5.0    Public Information

Individuals can locate information about registered offenders from law enforcement agencies. The following links provide information on how to search for registered offenders in the area, as well as additional information about registered offender registration laws and safety tips:

6.0    Contacts

Direct questions or concerns regarding registered offenders to campus law enforcement or security:

  • For emergencies, call 911.
  • WSU Pullman: WSU Police; telephone 509-335-8548
  • WSU Vancouver: Public Safety and Police Services; telephone 360-546-9001
  • WSU Tri-Cities: Campus Safety and Security; telephone 509-372-7698
  • WSU Spokane/Yakima: Campus Safety and Security; telephone 509-358-7995
  • WSU Everett: Campus Safety and Security (Everett); telephone 425-405-1715
  • WSU Bremerton: Olympic College Campus Security; telephone 360-475-7800
  • WSU Global: WSU Police; telephone 509-335-8548

Local law enforcement may be contacted for questions regarding registered offenders in other locations.

7.0    Enforcement

Failure by registered student offenders to report or disclose their status as required in Section 3.1 may result in denial of enrollment, revocation of admission, removal from University housing, and/or disciplinary action under the Standards of Conduct for Students. Employee offenders who fail to report or disclose their status may be subject to removal from University housing as applicable, and/or disciplinary action, up to and including termination from employment. Volunteers and contractors may be subject to immediate termination.

8.0    Addendum

The Washington State Legislature, in passing RCW 4.24.550, described its intent as follows:

“The legislature finds that sex offenders pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is a paramount governmental interest. The legislature further finds that the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet the paramount concern of public safety. Overly restrictive confidentiality and liability laws governing the release of information about sexual predators have reduced willingness to release information that could be appropriately released under public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense have a reduced expectation of privacy because of the public’s interest in public safety and in the effective operation of government. Release of information about sexual predators to public agencies and, under limited circumstances, the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of these goals. Therefore, this state’s policy as expressed in RCW 4.24.550 is to require the exchange of relevant information about sexual predators among public agencies and officials and to authorize the release of necessary and relevant information about sexual predators to members of the general public.”

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Revisions:  October 2023 – new policy (Rev. 115)