Sex Offender Information

The Campus Sex Crime Prevention Act is a federal law enacted on October 28, 2000 that provides for

the tracking of convicted, registered sex offenders enrolled as students at institutions of higher learning, or working or volunteering on campus.

The act amends the Family Educational Rights and Privacy Act of 1974 to clarify that nothing in that act may be construed to prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders and requires the Secretary of Education to take appropriate steps to notify educational institutions that disclosure of this information is permitted.

Information about registered sex offenders may be found at the Texas Department of Public Safety web page or by contacting the Houston Community College Police Department.    

 

Sex Offender Information

Sex Offender Information

The Texas CODE OF CRIMINAL PROCEDURE, TITLE 1., CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM, sets the requirements for sex offender registration on school campuses and also sets severe penalties for a convicted sex offender who fails to comply.


Art. 62.102.  FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS.
 

(a) A person commits an offense if the person is required to register and fails to comply with any requirement of this chapter.
(b)  An offense under this article is:
    (1)  a state jail felony if the actor is a person whose duty to register expires under Article 62.101(b) or (c);
    (2)  a felony of the third degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each year under Article 62.058; and
    (3)  a felony of the second degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each 90-day period under Article 62.058.
(c)  If it is shown at the trial of a person for an offense or an attempt to commit an offense under this article that the person has previously been convicted of an offense or an attempt to commit an offense under this article, the punishment for the offense or the attempt to commit the offense is increased to the punishment for the next highest degree of felony.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.
 
SUBCHAPTER D. PROVISIONS APPLICABLE TO CERTAIN WORKERS AND STUDENTS

 
Art. 62.151.  DEFINITIONS. For purposes of this subchapter, a person:
(1)  is employed or carries on a vocation if the person works or volunteers on a full-time or part-time basis for a consecutive period exceeding 14 days or for an aggregate period exceeding 30 days in a calendar year;
(2)  works regardless of whether the person works for compensation or for governmental or educational benefit; and
(3)  is a student if the person enrolls on a full-time or part-time basis in any educational facility, including:
    (A)  a public or private primary or secondary school, including a high school or alternative learning center; or
    (B)  a public or private institution of higher education.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.
 
Art. 62.152.  REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
 

(a) A person is subject to this subchapter and, except as otherwise provided by this article, to the other subchapters of this chapter if the person:
    (1)  has a reportable conviction or adjudication;
    (2)  resides in another state; and
    (3)  is employed, carries on a vocation, or is a student in this state.
(b)  A person described by Subsection (a) is subject to the registration and verification requirements of Articles 62.051 and 62.058 and to the change of address requirements of Article 62.055, except that the registration and verification and the reporting of a change of address are based on the municipality or county in which the person works or attends school.  The person is subject to the school notification requirements of Articles 62.053-62.055, except that notice provided to the superintendent and any administrator is based on the public school district in which the person works or attends school.
(c)  A person described by Subsection (a) is not subject to Article 62.101.
(d)  The duty to register for a person described by Subsection (a) ends when the person no longer works or studies in this state, provides notice of that fact to the local law enforcement authority in the municipality or county in which the person works or attends school, and receives notice of verification of that fact from the authority.  The authority must verify that the person no longer works or studies in this state and must provide to the person notice of that verification within a reasonable time.
(e)  Notwithstanding Subsection (a), this article does not apply to a person who has a reportable conviction or adjudication, who resides in another state, and who is employed, carries on a vocation, or is a student in this state if the person establishes another residence in this state to work or attend school in this state.  However, that person remains subject to the other articles of this chapter based on that person's residence in this state.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.
 
Art. 62.153.  REGISTRATION OF WORKERS OR STUDENTS AT INSTITUTIONS OF HIGHER EDUCATION.
 

(a) Not later than the later of the seventh day after the date on which the person begins to work or attend school or the first date the applicable authority by policy allows the person to register, a person required to register under Article 62.152 or any other provision of this chapter who is employed, carries on a vocation, or is a student at a public or private institution of higher education in this state shall report that fact to:
    (1)  the authority for campus security for that institution; or
    (2)  if an authority for campus security for that institution does not exist, the local law enforcement authority of:
        (A)  the municipality in which the institution is located; or
        (B)  the county in which the institution is located, if the institution is not located in a municipality.
(b)  A person described by Subsection (a) shall provide the authority for campus security or the local law enforcement authority with all information the person is required to provide under Article 62.051(c).
(c)  A person described by Subsection (a) shall notify the authority for campus security or the local law enforcement authority not later than the seventh day after the date of termination of the person's status as a worker or student at the institution.
(d)  The authority for campus security or the local law enforcement authority shall promptly forward to the administrative office of the institution any information received from the person under this article and any information received from the department under Article 62.005.
(e)  Subsection (a)(2) does not require a person to register with a local law enforcement authority if the person is otherwise required by this chapter to register with that authority.
(f)  This article does not impose the requirements of public notification or notification to public or private primary or secondary schools on:
    (1)  an authority for campus security; or
    (2)  a local law enforcement authority, if those requirements relate to a person about whom the authority is not otherwise required by this chapter to make notifications.
(g)  Notwithstanding Article 62.059, the requirements of this article supersede those of Article 62.059 for a person required to register under both this article and Article 62.059.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.

Student Sex Offender Information

Date Approved/Updated: November 19, 2010

Approval Body: Chancellor's Strategic Team
Applicable Board Policy: D.4.5.1 Convicted Sex Offender Policy

PURPOSE

This procedure outlines the requirements of prospective and current students who have been convicted of a sex offense. In addition, it outlines the responsibilities of the HCC Sexual Offender Review Committee.

 

APPLICABILITY

This procedure applies to all prospective and current students.

 

DEFNITIONS

“Recidivism” refers to a tendency to repeat a past undesirable behavior.

PROCEDURES

In accordance with the Texas Code of Criminal Procedure Article 62.153, Houston Community College (HCC) requires persons legally mandated to register as a sex offender, as well as all sex offenders convicted regardless of date, with the HCC Police Department at least ten (10) days prior to reporting to a location within the System if seeking admission as a student (to include students taking courses via distance education/ on-line and continuing education). Registrants must submit information pertinent to the offense for which one was convicted to the HCC Sexual Offender Review Committee for determination of eligibility for enrollment. Failure to self report or falsification of records will be grounds for dismissal. Approval by the committee is required prior to application for admission as a student.

HCC reserves the right to evaluate and document cases as well as refuse admission if it is determined that the applicant is a threat or a potential danger to the college community or if it is deemed in the best interest of the College. In the event that a student fails to register with the HCC Police Department prior to enrollment, the individual will be subject to disciplinary action to include termination or expulsion. 

The HCC Sexual Offender Review Committee evaluates each case to determine eligibility for admission. Representatives from the Police Department, Legal Counsel, Student Services, Instruction, and a member of the chancellor’s cabinet will be appointed by the chancellor to serve on the committee.The applicant is interviewed by the committee which assesses the safety issues posed for students, employees, and all minors on campus.  The applicant is required to submit the following, in writing, to the committee at least 5 days prior to the interview:

  • Nature of offense for which the applicant was convicted.
  • Justification for consideration of admission.
  • Statement acknowledging his/her understanding that his/her identity and status as a convicted sex offender will be publicized in accordance with federal and state law upon admission.
  • Parole officer contact information and conditions of parole.

 The committee reviews all information provided by the applicant, law enforcement personnel, and the HCC Police Department. The committee takes into consideration all documentation, the interview, and the level of the sex offense, as outlined below, in determining eligibility. If the committee approves the admission of the applicant, measures will be taken to notify the college community as indicated below.

 

Level I 
Level I sex offenders are considered at low risk for recidivism or re-offense.

Notifications for Level I sex offenders are as follows:

  • HCC Police Department
  • Relevant Administrators and Personnel
  • Registrar for documentation within student database
  • Campus child care centers and Early Colleges
  • Any requests in accordance with the Public Information Act


Level II
Level II offenders pose a moderate risk of recidivism.

Notifications for Level II sex offenders are as follows:

 

  • All who receive level I notifications
  • Faculty and staff in whose program and/or course the student is enrolled


Level III
Level III offenders pose the greatest risk to the community.

 

HCC does not admit individuals that have been convicted of a level III sexual offense.

 

The applicant will be notified by certified mail, within 5 days following the interview, of the committee’s decision. If the applicant is granted admission, the written notification may include information regarding any limitations or restricted areas. Students will be made aware of any limitations regarding certain major and/or course selections as well as potential difficulties with licensure for certain professions. Students granted admission by the committee will be required to submit in writing, each semester (10 days prior to registration) confirmation of intended major and courses for the semester, with section numbers. The committee will review such documentation each semester and inform the student if the major and course selections have been approved or denied. Notification will be mailed to the student within 10 days of receipt of the documentation. 

 

Denial of admission may occur if there is evidence to suggest that the applicant is currently a danger to themselves, other students, faculty, and/or staff or if it is found that it is in the best interest of the College. The decision of the committee is final. A student who fails to disclose to HCC a conviction as a sex offender will be withdrawn from classes with a refund.

 

OFFICE OF RESPONSIBILTY: Student Services