Ohio Administrative Code
Title 3354:1 - Cuyahoga Community College
Chapter 3354:1-30 - Policies on Student Academics and Behavior
Section 3354:1-30-03.11.1 - Sexual offense felony admission and reporting procedure
Universal Citation: OH Admin Code 3354:1-30-03.11.1
Current through all regulations passed and filed through September 16, 2024
(A) Applicability:
(1) The sexual offense felony admission and
reporting policy requires all students, both credit and non-credit, to
self-report sexual offense felonies. This procedure and the related policy
apply to all applicants who, during the online application and/or registration
process, answer "yes" to any of the following questions:
(a) Have you been convicted of a sexual
offense in the past fifteen years?
(b) Are you required to register as a sexual
offender?
(c) Have you ever been
convicted of a sexual related offense or a violent crime against a
minor?
(2)
All students: At admission, upon returning or
reenrolling in the college, all students are required to report all sexual
offense felonies that occurred during the past fifteen years and/or that
require sexual offender registration. Upon reporting such offense, a hold will
be placed on the student's application/enrollment for further review and
consideration. Students will be required to provide additional documentation of
their offense, including, but not limited to, timing of the offense, tier
status (as determined by the state of Ohio or state of incarceration) and
current probation status. At the sole discretion of the college, the applicant
may be required to submit to a criminal background check, run by the college,
at the student's cost. Students who fail to report sexual offense felonies,
upon discovery, will be denied admission or reenrollment and/or dismissed from
the college. Applicants and students with sexual offense felonies that are
seeking admission or reenrollment can expect a delay in enrollment for
additional review, which may be required.
(B) Reporting procedures credit students:
(1)
New students
having tier II, tier III, pre-AWA sexual predator status or crimes against
minors: New students applying to the college who have been convicted of a
sexual offense felony and who have been given tier II, tier III status, pre-AWA
sexual predator status and/or have been convicted of a crime against a minor,
as reported by the applicable governing body, will not be admitted to the
college.
(2)
New students having tier I status and pre-AWA non-sexual
predator status: The following procedures apply to new
students/applicants having tier I status and pre-AWA non-sexual predator
status:
(a) The student must respond to
supplemental sexual offense felony admissions questions working with the
dean/assistant dean of student affairs or their designee at the student's
campus.
(b) Answers to the
supplemental questions will be verified by the office of legal services and
returned to the dean/assistant dean of student affairs.
(c) Once tier I status, pre-AWA non-sexual
predator status and conditions for parole/probation have been confirmed by the
office of legal services, the college wide review team will determine what, if
any, restrictions or conditions on enrollment are required.
(d) The College may decide to admit, deny,
defer, or place conditions upon the admission of the student depending upon the
nature and circumstance of the sexual offense.
(e) The Dean/Assistant Dean of Student
Affairs will then notify the student of the admission decision and any required
actions to be taken by the student.
(f) The new student shall sign a form
acknowledging the academic plan, the conditions and/or restrictions for
admission, enrollment and the expected completion date, prior to enrolling in
classes.
(g) Once completed, the
student will be permitted to enroll; however, a hold will be placed on the
student's record to require a continuing review each time the student
subsequently registers for classes.
(h) Upon each subsequent enrollment, the
Dean/Assistant Dean of Student Affairs will notify the Office of Legal Services
and Legal Services will confirm the parole/probation status of the student. The
Dean/Assistant Dean of Student Affairs will confirm academic progress and if
appropriate, permit enrollment.
(3)
Returning or
reenrolling students admitted prior to fall 2015: Students who have
attended classes at the college at least one semester prior to the fall 2015
semester, and that have been convicted of a sexual offense felony during the
past
fifteen years, or are listed on a sexual offender
registry must, upon the initial attempt to return/reenroll in the college,
respond to supplemental questions prior to enrolling in any classes. Students
admitted prior to fall 2015 having sexual felony offenses or crimes against
minor status may be considered for reenrollment.
The following procedures will be followed for the returning and reenrolling student admitted prior to fall 2015:
(a) The student must respond to supplemental
sexual offense felony admissions questions working with the dean/assistant dean
of student affairs or their designee at the student's campus.
(b) Responses to the supplemental questions
will be verified by the office of legal services and returned to the
dean/assistant dean of student affairs. Any new offenses by a student may
result in dismissal from the College.
(c) Once tier status and conditions of
parole/probation have been confirmed by the office of legal services, the
college wide review team will determine what restrictions or conditions on
enrollment may be required.
(d) The
dean/assistant dean of student affairs will then notify the student of the
admission decision and any required actions to be taken by the
student.
(e) All offenders must
continuously demonstrate progress toward graduation/completion. Tier II and
tier III offenders and their pre-AWA equivalents and offenders convicted of
crimes against minors will be given a maximum of four years from the date of
return/reenrollment to complete their education at the college.
(f) The returning/reenrolling student shall
sign a form acknowledging the academic plan, the conditions for enrollment and
the expected completion date, prior to enrolling in classes.
(g) Once completed, the student will be
permitted to enroll; however, a hold will be placed on the student's record to
require a continuing review each time the student subsequently registers for
classes.
(h) Upon each subsequent
enrollment, the dean/assistant dean of student affairs will notify the office
of legal services and legal services will confirm the parole/probation status
of the student. The dean/assistant dean of student affairs will confirm
academic progress and if appropriate, permit enrollment.
(4)
Returning and
re-enrolling students admitted spring 2016 and subsequently: Returning
and reenrolling students must'self-report any new sexual offense felony and/or
confirm that they have not been added to any sexual offender registry. Tier II,
Tier III, Pre-AW A and sexual offenders of minors will not be permitted to return/reenroll in classes. Any
new offense by a student may result in dismissal from the College.
(a) All offenders must continuously
demonstrate progress toward graduation/completion.
(b) The returning/reenrolling student shall
sign a form acknowledging the academic plan, the conditions for enrollment and
the expected completion date, prior to enrolling in classes.
(c) Once completed, the student will be
permitted to enroll; however, the student's record will have a conduct hold
placed to prompt review each time the student subsequently registers for
classes.
(d) Upon each subsequent
enrollment, the dean/assistant dean of student affairs will notify the office
of legal services and legal services will confirm the parole/probation status
of the student. The dean/assistant dean of student affairs will confirm
academic progress and if appropriate, permit
enrollment.
(C) Reporting procedures non-credit students:
(1)
Non-credit students having tier II, tier III, pre-AWA sexual predator status or
crimes against minors: Individuals applying to the college for non-credit
courses who have been convicted of a sexual offense felony and who have been
given tier II, tier III status, Pre-AWA sexual predator status and/or have been
convicted of a crime against a minor, as reported by the applicable governing
body, will not be permitted to attend non-credit courses that are, at any time,
held on College property. These students may be permitted to attend non-credit
courses not held on College property following a review and determination by
the college wide review team.
(2)
Non-credit students having tier I status and pre-AWA
non-sexual predator status: The following procedures apply to individuals
applying to the college for non-credit courses with tier I status and pre-AWA
non-sexual predator status:
(a) The individual
must respond to supplemental sexual offense felony admissions
questions.
(b) Answers to the
supplemental questions will be verified by the office of legal
services.
(c) Once tier I status,
pre-AWA non-sexual predator status and conditions for parole/probation have
been confirmed by the office of legal services, the college wide review team
will determine what, if any, restrictions or conditions on enrollment are
required.
(d) The college may decide
to admit, deny, defer, or place conditions upon the admission of the individual
depending upon the nature and circumstance of the sexual offense.
(e) The college will then notify the
individual of the admission decision and any required actions to be taken by
the individual.
(D) Discipline: The College reserves the right to dismiss a sexual felony offender for any violation of the student code of conduct and/or any college Policy, http://www.tri-c.edu/policies-and-procedures/.
(E) Appeals process:
(1) All students may appeal the college's
decision based on a perceived inaccuracy or new information not available at
the time of the college wide review team's decision. The student will be in
pending status during this appeal process and unable to enroll in classes. A
decision reached by the college wide review team may be appealed within
ten
business days of the date the decision letter is issued. The appeal must be
requested in writing to the office of the dean of student affairs at the campus
where the student submitted the enrollment application. An Appeals Panel will
be convened, which will consist of the campus president (or designee) from the
campus the appealing student, and the deputy general counsel. The review panel
may confirm or overturn the decision to deny enrollment or revise the
conditions and/or restrictions placed on registration and/or reenrollment,
based on the evidence submitted by the student and the nature and circumstance
of the sexual offense and the academic progress of the student.
(a) Documentation will be reviewed by the
review panel and a determination communicated to the returning student within
fifteen
business days.
(b) The convening
campus of the review panel will inform the student/applicant's campus(es) of
attendance in writing, and will record the outcome into the student conduct
database.
(2)
Accreditation requirements, future licensing, professional rules and other
factors may preclude a student with certain felonies from obtaining employment
in afield. Admittance to the college is not a representation that a sexual
offense felony will not be a factor or negatively impact a student's ability to
find employment or advance study in a particular field. This procedure
represents the college 's written policy and oral comments made to the contrary
should not be viewed as overriding any provision of this procedure or the
related policy.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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