CSU Policy: Admissions of Persons with Disciplinary or Criminal History

Policy Title: Admissions of Persons with Disciplinary or Criminal History Category: Admissions and Enrollment
Owner: Vice President for Student Affairs Policy ID#: 10-8004-001
Contact:
Student Resolution Center
Web: https://resolutioncenter.colostate.edu/
Email: crscs@colostate.edu
Phone: (970) 491-7165
Original Effective Date: 9/22/2015
Last Major Revision: 11/10/2017
Print Version: Click Here to Print

PURPOSE OF THIS POLICY

The purpose of this policy is to protect students and the university community where admission of an applicant with a prior history of criminal behavior or disciplinary action for conduct may endanger the health, safety or welfare of others.

APPLICATION OF THIS POLICY

This policy applies to all persons enrolled or seeking admission to the University.

POLICY STATEMENT

Colorado State University reserves the right to deny or place conditions on admission, continued enrollment, or re-enrollment of applicants, students or former students whose personal history and background, including their criminal record, indicates that their presence at Colorado State may endanger the health, safety, welfare or property of members of the academic community or interfere with the orderly and effective performance of the University's functions.

Applicants for admission to the University will be required to disclose information concerning prior disciplinary and criminal history on the application for enrollment. Representatives of the University shall identify and review all matters pertaining to such applicants. As set forth below, fair procedure will be followed in determining whether or not to admit the applicant based on the evidence.

All records, reports, and proceedings shall be considered private by University personnel and shared only as reasonably necessary for review of the applicant’s request for admission, subject to any applicable state or federal laws that may compel disclosure of all or part of such records.

All proceedings and decisions will comply with all Federal and state nondiscrimination laws, fairly balancing the obligation of the University to promote the safety and welfare of students, employees, and property with the civil rights of the applicant or student. If the applicant is admitted and enrolls as a student, all records related to this policy will be governed by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g) and regulations (34 C.F.R. Part 99), together with the University FERPA policy. If the applicant is not admitted or does not enroll as a student, all records may be subject to the Colorado Open Records Act (§24-72-201 et. seq.) and/or Colorado Criminal Justice Records Act (§24-72-301 et. seq.).

POLICY PROVISIONS

1.  The following questions, notes, and explanations will appear on all Colorado State University application forms for admission.

Have you ever been found responsible for any disciplinary violation at an educational institution you have attended from the 9th grade (or the international equivalent) forward, whether related to academic misconduct or behavioral misconduct that resulted in disciplinary action?

       _______Yes       _______No

Note: disciplinary actions could include, but are not limited to: probation, suspension, removal, dismissal, or expulsion from the institution.

Disciplinary Violation Explanation: Please provide a concise explanation that details what happened, who was involved, what charges or sanctions (if any) were brought upon you as a result, what penalty/remedy was assessed (if applicable) and how the situation has resolved. It also will be important to address what you learned from the experience and what changes, if any, have resulted. Your response will be reviewed by the Student Resolution Center (SRC), and additional information may be requested by SRC as needed.

Do you have any criminal charges pending against you or have you ever been convicted of a crime, made a plea of guilty, accepted a deferred judgment, been adjudicated, or been required to register as a sex offender?      

       ______Yes         ______No  

Note: moving violations, such as speeding tickets, are exempt, but DUI/DWAI must be included. To be employed as a student at CSU (through an assistantship, fellowship, etc.), you must pass a criminal background check.    

Criminal Charges Explanation: Please provide a concise explanation that details what happened, who was involved, what charges or sanctions (if any) were brought upon you as a result, what penalty/remedy was assessed (if applicable) and how the situation has resolved. It also will be important to address what you learned from the experience and what changes, if any, have resulted. Your response will be reviewed by the Student Resolution Center (SRC), and additional information may be requested by SRC as needed.

2. For applicants who have pending criminal charges, have been convicted of a crime, are presently incarcerated or on probation, or have been suspended or expelled from another institution for acts of violence, threatened violence, sexual misconduct or related behaviors the procedures outlined below will be followed:

A copy of the application for admission will be forwarded to SRC by the Office of Admissions. SRC will have a hearing officer from Student Conduct Services review the criminal history and subsequent documentation.  If the staff person determines that the criminal history does not rise to a safety concern for the institution, the hearing officer will approve of discipline clearance for the applicant.  If the hearing officer reviews the documentation provided by the applicant and believes this individual may pose a risk to campus safety, they will forward the materials to the Pre-Admission Application Review Committee. The committee may require that the applicant sign a release of information as it relates to alcohol/drug treatment recommendations, treatment verification, etc. Members of the Pre-Admissions Application Review Committee will consist of a representative from each of the groups listed below.  When unique situations arise requiring expertise from other areas of campus (ie. Back on Trac), the committee will include those individuals on a case by case basis.  These representatives will be appointed by their respective groups.

  1. For undergraduate applications, one representative from each of the following:
    • The Office of Admissions
    • Student Resolution Center
    • CSU Police Department
    • CSU Health Network Counseling Services
    • Associated Students of Colorado State University
  2. For graduate applications, one representative from each of the following:
    • The Graduate School
    • Student Resolution Center
    • CSU Police Department
    • CSU Health Network Counseling Services
    • Associated Students of Colorado State University

3. The Pre-Admissions Application Review Committee shall have access to all relevant information pertaining to the applicant, such as police reports, court documents and treatment provider recommendations. In addition, the committee shall have the right to communicate with any person, including experts, who can supply relevant information. A meeting of the committee will be convened by the Director of SRC once all relevant information is received.  The applicant is encouraged to participate either in person or on the phone on the date/time designated for the meeting with the committee.

Applicants will be given notice of all issues and will be afforded the opportunity to appear in person (or from a distance using audio and/or visual technology).  The applicant may bring an advisor or support person to the hearing, at their own expense. The advisor may be an attorney. The advisor is limited to counseling the applicant, but may not represent the applicant and speak on the applicant’s behalf, or participate directly in the hearing. Advisors may not serve in a dual role as a witness in the hearing. The Pre-Admissions Application Review Committee may also consult with or include University Counsel as an advisor at the hearing.

4. The Pre-Admissions Application Review Committee will forward to the Office of Admissions and Office of the Graduate Dean, as appropriate, a recommendation regarding the admission of the applicant. The committee will set forth in writing the factual basis of its decision. A recommendation for admission to the University may be upon such conditions as the committee deems necessary to protect all members of the University community. This may include such items as continued counseling, the denial of the right to participate in certain programs extracurricular activities, and the denial of access to University-operated residence halls or other facilities. If the applicant is not cleared by the committee for reasons listed above, the Office of Admissions or the Graduate School, as appropriate, will withdraw the application from the review process.

5. The SRC will then inform the applicant and the appropriate department in writing of the decision, the reasons for the decision and that the applicant has the right to appeal the decision within ten (10) business days of the date of the letter. The applicant can direct an appeal to the office of the Provost/Executive Vice President at:

Office of the Provost/Executive Vice President
Colorado State University
108 Administration Building
Fort Collins, Colorado 80523-1001
970-491-6614 (Office).

6.  Appeals will be reviewed by the Office of the Provost/Executive Vice President. The decision of this office will be final.

APPROVALS

Approved by the State Board of Agriculture, June, 1993

Ver. 2.0 approved by Lynn Johnson, Vice President for University Operations, September 22, 2015

Version 3.0 approved by Lynn Johnson, Vice President for University Operations, November 10, 2017

 

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