Student Criminal and Disciplinary History Disclosures: Pre-Admission and Post-Admission Review Procedures

Original Effective Date:

June 25, 2015

Revised Effective Date:

December 1, 2022

Approved By:

Chancellor DiStefano

Procedure Owner:

Student Affairs

I. Purpose

These are the 鶹Ƶ's (CU Boulder) accompanying procedures (Procedures) to the Student Criminal and Disciplinary History Disclosures: Pre-Admission and Post-Admission Review Policy (Policy).

  1. Committee

    1. Conduct Review Committee: In accordance with the Policy, CU Boulder has a standing committee of staff representatives with student affairs, admissions, law enforcement, and equity and compliance experience that has adopted the below procedures to accompany the Policy. This committee is the Conduct Review Committee (CRC).

    2. CRC Leadership and Membership: The CRC is co-chaired by the Associate Vice Chancellor and Dean of Students and the Assistant Vice Chancellor of the Office of Institutional Equity and Compliance, or their designees, (co-chairs) and its members include representatives from the following: CU Boulder Police Department (CUPD), the Department of Housing and Dining Services, the Division of Continuing Education, the Graduate School, the Office of Admissions, Student Support and Case Management, and Student Conduct & Conflict Resolution, with representatives from the Office of University Counsel and Risk Management available as consultants.

  2. Pre-Admission Review and Determination Procedures

    1. Application Disclosure Questions:To implement the Policy’s requirement that applicants disclose certain criminal and disciplinary history on the application, the CRC drafts and updates as needed, questions on the application and supplemental forms for applicants to make such disclosures.
    2. Admissions Unit Academic Admissibility Determination: Prior to any consideration of criminal or disciplinary history, the application will be reviewed by the applicable admissions unit to determine if the applicant is academically eligible for admission. After the admissions unit determines that an applicant is academically eligible, will the application go through the review process as provided below.
    3. Affirmative Responses to Application Questions:If an applicant responds "yes" to any of the questions on the application, the following apply:
      1. Supplemental Information: If not already included in the application, the admissions unit will notify the applicant that they are required to provide a factual explanation regarding the underlying incident(s) for both criminal and disciplinary history responses and provide any relevant documentation, including a document from the institution detailing factual findings (for disciplinary history), the law enforcement report(s) and court record reflecting the conviction (for criminal history), and any other information the applicant would like considered. For information pertaining to criminal history, a form titled Criminal History Supplement Form, will be provided to the applicant (Supplemental Form). The Supplemental Form may be included in the application. For applicants applying using the Common Application, the admissions unit will provide the applicant the Supplemental Form.
      2. Applicant Responsibilities: The applicant must provide accurate and thoroughly responsive information to the admissions unit and the CRC in a timely manner, as requested. Failure to do so may jeopardize eligibility for admission.
      3. Admissions Unit Preliminary Review: A representative from the admissions unit will initially review the applicant's application and submitted supplemental information.
        1. If the representative determines that the applicant answered “yes” to the criminal or disciplinary history questions in error by providing criminal or disciplinary history information other than what was requested on the application, the unit may determine the applicant as eligible for admission and post the decision accordingly.
        2. If the representative does not determine that the applicant answered “yes” in error, then the admissions unit representative will forwardthe applicant’s application and supplemental information to the co-chairs of the CRC for review.
      4. Inquiry:At any time, the co-chairs or other CRC representativesmay request additional information from the applicant or from third parties such as school officials, probation officers, law enforcement agencies, etc.
      5. Individualized Review: The co-chairs will perform an initial review of the application and supplemental information and may provide materials to the CRC for further review. The co-chairs and/or CRC will consider:
        1. The nature and gravity of the criminal and disciplinary history;
        2. The time that has passed since the criminal and disciplinary history;
        3. The age of the applicant at the time of the underlying conduct; and
        4. Any evidence of rehabilitation or good conduct produced by the applicant.
      6. Determination:If the co-chairs or CRC review finds by a preponderance of the totality of the information responsive to the factors considered in the individualized review that the applicant's criminal and disciplinary history poses an unreasonable risk to the safety or security of the campus community, the CRC will determine that the applicant is not eligible for admission, and CU Boulder will deny admission to the applicant. If the CRC determines the applicant would be eligible for admission with certain conditions met, the CRC may condition admission on the applicant's compliance with responsive action specified by the CRC.
      7. Notification of Determination:
        1. Not Eligible for Admission:If the CRC determines that the applicant is not eligible for admission, the respective admissions unit will deny admission and send notification to the applicant.
        2. Eligible for Admission: If the CRC determines that the applicant is eligible for admission, the respective admissions unit will update the applicant's admission application and post the decision accordingly.
        3. Conditional admission: If the CRC determines that the applicant’s eligibility for admission is conditional based on the applicant’s compliance with responsive action specified by the CRC, the admissions unit will update the admission application and notify the applicant accordingly.
      8. Timeline: The review process will be completed within a reasonable period of time and may generally take 2-4 weeks following the CRC receiving all necessary supplemental information. This timeline may be extended if additional information is pending from the applicant or third parties or in other circumstance of good cause as determined by CU Boulder. If the timeline is extended, the CRC or co-chair will notify applicants of the updated timeline for review.

  3. Post-Admission Review and Determination Procedures

    1. Post-Admission Disclosure Form:To implement the Policy’s requirement that applicants disclose broader criminal and disciplinary information after CU Boulder has made an offer of admission, the CRC drafts and updates as needed, a form with questions and accompanying language for applicants to make such disclosures so that CU Boulder can determine the extent of eligibility to participate in campus life (Post-Admission Disclosure Form). The Post-Admission Disclosure Form will also require the applicant to disclose whether they are required to register as a sex offender and whether they have ever had any deferred judgments or sentences. The Post-Admission Disclosure Form will be posted to the applicant’s “Application Status Page.” CU Boulder will also provide notice that the applicant is not required to disclose any criminal history contained in records sealed under state law, and that the applicant has the right to appeal responsive actions pursuant to the below procedures based on any information required to be disclosed.
    2. Affirmative Response: If an applicant responds "yes" to any of the questions on the Post-Admission Disclosure Form, the following apply:
      1. Applicant Responsibilities: The applicant is required to provide an explanation on the Post-Admission Conduct Form regarding the underlying incident(s) for all both criminal and disciplinary information requested, and provide any relevant documentation, including a document from the institution detailing factual findings (for disciplinary history), law enforcement report(s) and/or court record of final disposition such as a record for conviction (for criminal history responses only) and any other information the applicant would like considered. The applicant must respond to CU Boulder questions and provide accurate and thoroughly responsive information in a timely manner, as requested. Failure to do so may jeopardize eligibility for participation in campus life
      2. Admissions Unit Preliminary Review: A representative from the admissions unit will initially review the applicant’s Post-Admission Disclosure Form and submitted documentation.
        1. If the representative determines that the applicant answered “yes” in error by providing criminal or disciplinary information other than requested, the unit may determine no further review is needed and will send notification to the applicant.
        2. If the representative does not determine that the applicant answered “yes” in error and that the criminal or disciplinary information warrants further review, then the representative will forward the applicants Post-Admission Disclosure Form and submitted documentation to the co-chairs of the CRC for review.
      3. Criminal History Background Check:Based on the information provided by the applicant, the co-chairs have the discretion to require a criminal history background check. If so required, they will inform the applicant. The applicant must consent to the background check through CU Boulder’s process, which may include a third-party vendor, such as Background Information Services, Inc. (BISI). Failure to consent to the background check may jeopardize the applicant’s eligibility to participate in campus life
      4. Additional Criminal History Revealed in Background Check: If the background check reveals additional responsive information to the criminal history or criminal information questions that should have been but was not previously disclosed by the applicant on the application or on the Post-Admission Disclosure Form, then any of the following may occur:
        1. A representative from the CRC may communicate with law enforcement agencies, probation officers or other appropriate third parties to obtain further information.
        2. The CRC may contact the applicant to request written explanation or for a discussion with the applicant.
        3. If, after conducting an individualized review of information that the applicant should have, but did not, disclose on the application, the CRC decides that the criminal history would have made the applicant not eligible for admission, the CRC will revoke the applicant’s admission and notify the applicant accordingly.
        4. The applicant may be subject to an allegation of violation of the Student Code of Conduct Policies and Procedures (Student Code of Conduct) by Student Conduct and Conflict Resolution (SCCR).
      5. Inquiry:At any time, the co-chairs or other CRC representatives may request additional information and/or verify information through third parties such as school officials, probation officers, law enforcement agencies, etc.
      6. Individualized Review:After all of the requested information has been received from the applicant and all of the available information has been received from any third parties, the co-chairs will perform an initial review of the materials and may provide the materials to the CRC for review. The co-chairs and/or CRC will consider:
        1. The nature and gravity of the underlying conduct and whether it bears a direct relationship to a particular aspect of an applicant’s participation in campus life;
        2. The time that has passed since the occurrence of the criminal or disciplinary history.
        3. The age of the applicant at the time of the underlying conduct;
        4. Any evidence of rehabilitation or good conduct produced by the applicant; and
        5. The benefit to the applicant of participating in campus life.
      7. Determination:If the co-chairs and/or thee CRC finds by a preponderance of the totality of the information responsive to the factors considered in the individualized review that the applicant's criminal or disciplinary information (including criminal and disciplinary history and any deferred judgment and sentences) poses an unreasonable risk to the safety or security of others in campus life, the CRC may determine the applicant is ineligible to participate in aspects of campus life or may condition eligibility for participation on the applicant's compliance with responsive action specified by the co-chairs or CRC. If the student does not comply with the responsive action(s), that may be reviewed under the Student Code of Conduct by SCCR, and/or a system wide hold may be applied to that students account.
      8. Notification of Determination: The co-chairs or CRC will notify the applicant of the determination and any responsive action required.
      9. Timeline for Review: The post-admission review process may generally take 2-4 weeks to complete after all information has been received. This timeline may be extended if additional information is requested either from the applicant or from third parties or in other circumstance of good cause as determined by CU Boulder. If the timeline is extended, applicants will be notified by the CRC of the updated timeline for review.
    3. CU Boulder Housing: In its post-admission review for campus life participation, the CRC will determine applicants and students who are required to register as sex offenders as not eligible to participate in student housing and encourage off campus housing, absent rare, extenuating circumstances provided by the applicant or student. Applicants or students who are required to register as sex offenders who believe they have qualifying circumstances must submit a university housing request to the CRC by sending an email toconductreviewcomm@colorado.edualong with any and all information that the student or applicant would like considered. Unless the applicant or student has clearly demonstrated that there is not unreasonable risk to the safety or security of the CU Boulder housing environment, the CRC will deny the request. This decision is final and not subject to appeal.
    4. Review of New or Updated Criminal or Disciplinary History
      Under the Policy, applicants are required to promptly update their pre-admission and post-admission disclosures with any new or updated criminal or disciplinary history or other responsive information that occurs during the time after they apply but before they are attending. Applicants must disclose such new or updated information to their admission unit by sending an email toconductreviewcomm@colorado.eduwithin ten days of the change occurrence. CU Boulder will review new or updated information under the above procedures. For example, if the applicant discloses new pending criminal charges, CU Boulder will follow the pre-admission review process in Section B. above and if the applicant discloses an update that prior pending charges have resulted in a conviction for vandalism, they will be reviewed following the post-admission review process in Section C.

II. Appeals

  1. Scope and Grounds: An applicant or student may appeal any of the following CRC or co-chair determinations: not eligible for admission; revocation of admission; conditional admission; or responsive actions. Such appeal must be based on one or both of the following grounds:
    1. The established procedures were not followed in a significant way, and, as a result, the CRC’s decision resulted in a material error to deny or condition admission.
    2. The determination did not appropriately consider material information based on the nature, circumstances, gravity, elapsed time, age of applicant at the time of underlying conduct, and/or evidence of rehabilitation, as it relates to the criminal and/or disciplinary history.
  2. Request Submission: To request an appeal, the applicant or student must submit a request toconductreviewcomm@colorado.eduwithin 30 calendar days of the date of the original decision, stating the grounds for the appeal pursuant to above, the resulting action requested, and any and all supporting information for the request. This request will be sent to an Associate Vice Chancellor for Student Affairs, or designee, and the Associate Vice Chancellor for the Office of Institutional Equity and Compliance and Title IX Coordinator, or designee (Appeal Officers).
  3. Review and Determination: If the applicant or student submits an appeal form in accordance with the requirements herein, the Appeal Officers shall confirm whether there are applicable grounds for an appeal. If either or both grounds apply, the Appeal Officers will review and determine the appeal. The appeal determination shall be based on the record of documents provided by the applicant and the CRC. All new information requested to be considered must be submitted by the applicant or student with the appeal submission. Failure to provide adequate and timely information may result in denial of an appeal request. The Appeal Officers can consult with appropriate campus administrators including but not limited to the co-chairs of the CRC.
  4. Resulting Actions: The Appeal Officers may take any of the following actions:
    1. Affirm the initial determination imposed by the CRC
    2. Reverse the decision made by the CRC and grant admission with no conditions
    3. Reverse the decision made by the CRC and grant admission with conditional admission or responsive actions
    4. Modify the terms of the conditional admission and/or responsive actions determined by the CRC

III. Failure to Disclose Review and Enforcement Procedures

  1. Inquiry: If CU Boulder discovers that an applicant may have failed to disclose criminal or disciplinary history, the CRC co-chairs will further inquire by contacting the applicant. The applicant must respond within ten days and either confirm or deny whether there is criminal or disciplinary history, and if there is, disclose such information in accordance with the Policy. CU Boulder may address an applicant’s failure to respond under the Student Code of Conduct through SCCR.
  2. Pre-Attendance Review: Prior to the applicant’s attendance, any previously undisclosed criminal or disciplinary information that is confirmed by the applicant or otherwise corroborated by supporting information, will be reviewed in accordance with the above review procedures, as applicable.
    1. If after pre-admission review, it is determined that the applicant is not eligible for admission, CU Boulder will notify the applicant that their admission is revoked, and the applicant will be required to withdraw from any registered courses.
    2. If after pre-admission review, it is determined that the applicant is eligible for admission, with or without conditions, CU Boulder may review the applicant’s failure to discloseunder theStudent Code of Conduct through the SCCR.
    3. Regardless of the determination after a post-admission review, CU Boulder may review the applicant’s failure to disclose under Student Code of Conduct through SCCR.
  3. Post-Attendance Review: After the applicant’s attendance as a student, any previously undisclosed criminal or disciplinary information that is confirmed by the applicant or otherwise corroborated by supporting information, will be reviewed under the Student Code of Conduct through the OSCCR.
  4. Students with New Charges or Conviction: CU Boulder may address under the Student Code of Conduct through SCCR, any student with new criminal charges or a new conviction for conduct that occurred prior to applying, regardless of the timing of the charges or conviction. If such charges or conviction is for conduct other than that which CU Boulder could have considered under the Policy for purposes of admission, CU Boulder will not use it as the sole basis to expel or revoke the admission of the student from CU Boulder.

IV. Definitions

This procedure incorporates the terms defined in the Policy, in addition to the following terms used in this Procedure:

  1. Admissions unit - the unit responsible for overseeing the applicable admissions process to CU Boulder for the respective program that the applicant has applied- for the undergraduate degree program that is the Office of Admissions, for the graduate degree program applicants that is the Graduate School, and for nondegree or noncredit program programs that is the Division of Continuing Education
  2. Law enforcement report – the records of a law enforcement agency documenting an incident, arrest, or crime that typically include information about the date, nature, and persons involved in the underlying conduct
  3. Responsive Action – required actions which may include actions such as: meeting with CU Boulder staff such as from the Office of Student Conduct and Conflict Resolution or the Office of Institutional Equity and Compliance; training or educational participation; drug, alcohol, forensic or other evaluation; restriction from participation in campus activities, for example, university housing or student employment; and/or regulation of court compliance