POL-U5620.02 Notifying Campus Community About Sex and Kidnapping Offenders

The University Police Department (UPD) will operate an on-going program, in coordination with other law enforcement agencies, in which it may provide notices concerning convicted sex and kidnapping offenders in accordance with its procedures.

A person must disclose an offense if (1) found to have been committed or if convicted of any sex or kidnapping offense, or (2) found not guilty by reason of insanity under RCW 10.77 of committing any sex or kidnapping offense when such information is requested by a University department at the time of student admission, or for employment, or for any other University-related purpose.

Self disclosure is also required to University Police at any time when the offense occurs:

1. Between the date a person submits an application to attend any class at Western, and the date when the person is no longer enrolled as a student at Western, or
2. Between the date of submitting a criminal conviction verification form for the purpose of employment or volunteering at Western, and the date when the person is no longer employed or volunteering at Western.

Offenders must register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington State, the county of the person's school, or place of employment or vocation within three business days:

1. Prior to arriving at a school or institution of higher education to attend classes,
2. Prior to starting work at an institution of higher education, or
3. After any termination of enrollment or employment at a school or institution of higher education.

Upon notification of a convicted sex or kidnapping offender, the UPD may disclose the presence of offender to members of the campus community when it is determined that disclosure of the information is relevant and necessary to protect the University. The extent of the public disclosure shall be rationally related to:

1. Level of risk posed by the offender to the community,
2. Locations where the offender resides, expects to reside, or is regularly found, and
3. Needs of the affected community members for information to enhance their individual and collective safety.

Notice determinations shall be made in accordance with Notifying About Sex and Kidnapping Offenders (PRO-U5620.02A).

The UPD will maintain records on all notices received. The files will include, but are not limited to:

1. Copies of all files, photos, and other correspondence provided by other parties,
2. A record of all notifications made,
3. Copies of all community advisory flyers or other public notices, including press clippings, and
4. Copies of any UPD case files or follow-up investigation reports concerning the offender.

Employees and students are prohibited from using released information to threaten, intimidate, harass, or injure a convicted sex or kidnapping offender or cause damage to their property.

Such actions can result in criminal charges, employee discipline up to and including termination, or student disciplinary action, as applicable, under the Student Rights and Responsibilities Code.

Students and employees can find information on how to access federal, Washington State, and local county sex and kidnapping offender registries on/in the University Police Department website, and Western’s Annual Security and Fire Safety Report.

Per RCW 4.24.550, a public agency and its employees are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.