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News / Clark County News

Schools’ sex offender policies questioned

Those no longer supervised not banned from sites

By Marissa Harshman, Columbian Health Reporter
Published: December 7, 2010, 12:00am

When Bill Stephens attended his daughter’s band concert at Jemtegaard Middle School in Washougal last month, he was surprised to see a familiar face in the audience. Not the face of another child’s father, but that of a registered sex offender.

Stephens was not only surprised, he was upset.

“My biggest concern is people don’t know,” Stephens said. “They think a convicted sex offender wouldn’t be allowed on campus.”

But, as it turns out, area school districts don’t have policies to prohibit registered sex offenders no longer bound by the restrictions of supervised release from stepping on school grounds.

Supervised release usually includes conditions, such as staying away from children. Once a person is no longer under supervision, though, the person is only required to register as an offender and abide by any court protection orders in place, said Gelinda Amell, community corrections supervisor for the state Department of Corrections.

That’s not to say schools don’t have the right to implement policies.

A state law adopted in 2006 (RCW 9A.44.193) gives schools and other public or private facilities with the primary purpose of education, care or recreation of children the right to ban certain Level II and Level III sex offenders. The law outlines offenses that qualify an offender, such as child molestation and rape of a child. The law requires entities to give the offender written notification of the policy and protects the entities from civil litigation.

Fort Vancouver Regional Library learned about the law a few years ago and implemented a policy prohibiting Level III offenders from entering its libraries.

Stephens contacted the Washougal School District and expressed his concerns after the concert. The district, however, said it had no recourse and would be violating the man’s civil liberties if it banned him from campuses.

The Columbian notified the school district of the state law, which was then reviewed by its attorney. The district is now pursuing a policy that meets the requirements of the law, doesn’t violate anyone’s civil rights, but does limit sex offenders’ access to school grounds.

“We just want to make sure we err on the side of caution and make sure that we are focusing on kids’ safety and not putting them at risk in any way, shape or form,” said Doug Bright, the district’s director of human resources.

Stephens said he’s not personally attacking the man, he just wants his daughter, and other children, to be safe at school.

The Washougal man is a 65-year-old registered Level III sex offender, the group deemed most likely to re-offend, and is dating the mother of a child at the school. The Columbian is not identifying the man because he is not alleged to have violated any current laws or district policies.

The man sexually assaulted a girl numerous times during a three-year period starting when the victim was 3. He was convicted of first-degree rape of a child in Kitsap County. In July 1994, he was sentenced to 15 years in prison. He moved to the Washougal area when he was released in 2007, according to the Clark County Sheriff’s Office.

He was under community supervision for 24 months. The man was arrested in June 2007 for violating release and going places where minors congregate and spent about three weeks in jail, according to the Department of Corrections.

Library policy

Even though the man has completed his prison term and supervision, Stephens believes the risk of having such an offender on school grounds is too great. The risk is what prompted the Fort Vancouver Regional Library to implement its policy years ago, Executive Director Bruce Ziegman said.

“This is the worst thing that could happen to us, an attack by a known sex offender and we didn’t do anything about it,” he said.

The sheriff’s office notifies schools, libraries and other entities when registered offenders are living in the area. The library sends a letter to any Level III offender who meets the guidelines of the state law, notifying them they are prohibited from coming into the library or receiving a library card.

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While the library cannot constantly monitor who enters its buildings, the formal policy and letter make the rules clear, Ziegman said.

Several school district officials cited enforcement problems as the reason for not having a policy in place, and many handle the issue on a case-by-case basis.

Evergreen Public Schools safety and risk manager Scott Deutsch said the district looks into cases brought to school officials’ attention. The district may then enter into an agreement with the individual, such as requiring him or her to stay in public places and not be alone with children.

As for other safeguards, area school districts have policies in place detailing the screening process for volunteers and employees. Districts also release information concerning sex offenders to parents.

As for Stephens, he’s on a mission to have policies implemented statewide. He’s pressing state representatives to pass a law automatically prohibiting offenders from school campuses, rather than leaving the decision to individual school districts. Ideally, the law would allow offenders to file for an exception for specific schools if they have a child attending that school, he said. Otherwise, anyone convicted of a sex offense against a child should be banned from school grounds, he said.

Marissa Harshman: 360-735-4546 or marissa.harshman@columbian.com.

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Columbian Health Reporter