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Registered Sex Offender Denied Class Enrollment

Those lifetime sex offender and sexual predator labels are hard to overcome. Just ask a Washington County man who’s been denied enrollment at a local vocational school. School administrations refused his admission application because minors also attend the school. Full Article

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  1. Burt

    Antelope Valley College requires sex offenders to sign in/out at the Sheriff’s office each time they come onto campus except when attending their regularly scheduled class. So this means during registration, bookstore, library, community meetings, theatrical performances, sporting events, to exercise, attending job fairs, etc. This doesn’t seem to be required at other California Colleges. Is this legal

    • j

      I think that extraordinary and compulsory sign-ins etc. violate the same premises as residency restrictions where the local le is requiring more than that state mandates. The law requires them to register in the jurisdictions(s) of educational institutions, not to be subject to additional arbitrary, punitive and restrictive clauses.

    • Joe

      Is it legal? If by legal is meant, is it spelled out in State Law, then no. According to State Law:

      …and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.

      http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=290-294

      So a person required to register under PC 290 must register, in addition to their residence, with Campus Police if they are enrolled in or living or working at a college. It does not say that they are obligated to check in / out for any reason, say, attending a sporting event as a spectator or having lunch at the college cafeteria, as an enrolled student, resident or employee or not.

      Indeed, AVC’s web site states:

      Registrants are not permitted to visit campus property for any reason without notifying the campus Safety and Security Office prior to coming on to college property.

      http://www.avc.edu/administration/police/information.html#.U6P1ZPldWt1

      This appears to be completely outside of their authority. Is it legal? Does not appear to be. Can they get away with it? So far, so good. You should speak with an attorney.

    • Anonymous Nobody

      I agree with J and Joe. In fact, I go one step further: Requiring you to go to the police and sign in every time in fact is forcing you to register more than once a year, which is all the state requires. Every time you have to go sign in, that is registration, even if they aren’t requiring all the same info as the state requires annually. I would think it is even more clear that the state preempts any local requirement to register than it is that it preempts location restrictions, and the court says the state does bar local location restrictions.

      Further, I note, upon rereading the 290 section, my memory was wrong — it seems to say you have to register with campus police ONLY if you are residing on campus or residing in one of its facilities, I presume even if off campus. It does not say what I had thought, that you must register at the school is your are a student there, and that regardless of where you live. Note, it says you must register:

      ” … additionally, with the chief of police of a campus of the University of California, the California State
      University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days … ”

      That seems clear to me that you do not have to register with the college at all if you live in your own off-campus place. I do believe the colleges have misread it and are requiring all former sex offenders to register if they attend classes, regardless of where they live.

      This is ripe for lawsuit — and I hope such a suit gets on the priority list.

      I also note, Antelope Valley College is a public community college, not private like I presume that vocational school is. While the private school would have more leeway about who it accepts as a student, the public school is far more restricted about turning away students, although that is not your issue.

      • j

        Unless they’ve made changes recently, attending and/or working at the school requires registration not only with the campus police, but with any local jurisdiction as well. They crafted the law more to prevent registrants from pursuing higher education than any significant measure of public safety.
        *
        If this type of law were required for murderers, people would have have a wake up call beyond imagination. Something tells me lawmakers don’t have the stones to do that – just an intuition.

  2. Tim

    “Statistics say we don’t make it six months,” No, that information is a load of bull. Anyway, cheers to this guy for standing up for his rights.

  3. Robert Curtis

    The guy wishes to be a licensed hairstylist? That is honorable…I’m a RSO that has been allowed to work as a stylist even though I’m a registrant. The evening programs mentioned in the article are usually part-time programs that takes twice as long to finish. This is pure discrimination. If the guy was on probation or parole I could understand but the guy has been clean for many years. If the staff is made aware of his status then there shouldn’t be a problem.

    • j

      Therein lies both the problem and the reason these arbitrary laws propagate so easily – lack of truth and facts. The truth is that le does not want to know about the fact that registrants have completed their sentences. Then how could they justify laying on additional punitive and restrictive requirements after the fact. Ignorance is bliss when the dummy is the one holding the hammer striking all problems as though they were tiny nails…

      reminder of the brainless lawmaker who recently went on recording say he “did not want to intellectualize the discussion”. After that, it is just shooting fish in a barrel for them…

    • Joe

      Why on earth should the staff be made aware of his status? He was obligated to inform campus police. Thats it. Why should not every other person’s criminal history be publicized in a public college?

      And who exactly is ‘allowing’ you to work in your profession? Where does it say you cannot cut hair with a criminal record?

      But who am I kidding? Can’t even pick up trash in the street in broad daylight!

      https://all4consolaws.org/2014/06/ma-quincy-councilors-upset-sex-offender-was-employed-by-citys-trash-hauler/

      Not sure how much more absurd any of this can get…

  4. Eric

    It sounds like a capricious requirement and unlawful, not that it’s likely to be litigated.

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