Policy Regarding Applicant Criminal History and Procedure for Students Charged with a Serious Crime that Occurred Prior to Being a Student at the University of Colorado Boulder
This document establishes the University of Colorado Boulder's ("CU-Boulder") policy and procedure for addressing applicants for admission with a criminal history and criminal issues concerning admitted students that are not addressed in the Student Code of Conduct.
- Charged - the commencement of prosecution by the filing of an indictment or presentment, the issuing of a warrant which is binding over the offender, or by the filing of information.
- Credible Report - information from any source that has been confirmed verbally or in writing by the prosecuting jurisdiction, including, but not limited to a district or U.S. attorney's office.
- No Contact Order - requirement not to have any communication with the named individual or individuals.
- Serious Crime - any felony, specifically including, but not limited to crimes concerning murder, assault, domestic violence, drug offenses and sex offenses that pose a potential threat or adverse effect on the safety of the campus community.
- Student - all persons who are enrolled, have confirmed intent to enroll, or are designated as active and able to enroll in courses at CU-Boulder, either full time or part time, pursuing undergraduate, graduate or professional studies, as well as non-degree Students.
- Summary Suspension - suspension pending Final Disposition of a criminal case.
In order for University of Colorado Boulder (CU-Boulder) administration to facilitate a safe environment conducive to academic learning, all applicants for admission shall be asked to provide criminal history information and if admitted, are required to supplement this information by notifying the Director of Admissions, or designee, in the event that the student is newly Charged with a crime that occurred prior to admission.
If CU-Boulder receives a Credible Report that a Student has been Charged with a Serious Crime that is alleged to have occurred before the individual became a Student, CU-Boulder may summarily suspend the Student and potentially revoke the Student's admission, pursuant to and in accordance with the procedures set forth below. Summary Suspension includes excluding the Student from campus and may include a No Contact Order in the event the charge involves a victim who is a student, employee, or otherwise a member of the CU-Boulder community.
- The Director of Admissions, or designee, shall identify a committee with relevant cross- campus representation chaired by the Associate Director of Admissions, or designee, to review and make decisions regarding applicants for admission who provide affirmative responses to the application's criminal history question processed through CU-Boulder's Office of Admissions or the Division of Continuing Education ("Admissions Crime Review Committee").The Director of Admissions, or designee, shall act as the campus contact for Students to self-report that he or she has been Charged with any crime that is alleged to have occurred before the individual became a Student.
- If the Director of Admissions and the Associate Vice Chancellor for Student Affairs and Dean of Students ("Dean of Students") under any circumstances determines that a Student has been Charged with a Serious Crime, as defined in this Policy, that is alleged to have occurred before the individual became a Student:
- The Dean of Students sends written notice to the Student that notifies the Student that CU-Boulder is aware of the charge, addresses any other information known to the University about the matter, and that the Student is summarily suspended effective immediately. When applicable, the Dean of Students' notice may also include a No Contact Order. If such order is included, it is the responsibility of the Student not to have any contact with the individual(s) named, directly, or through third parties, as specified in the notice. Failure to comply with the order may result in additional disciplinary action through the Student Code of Conduct procedures.
- A conference between the Student and the Dean of Students, or his or her designee, shall be scheduled as soon as possible (usually within 10 calendar days of the notice) for the limited purposes of the Student and the Dean of Students exchanging information regarding the charge and to allow the Student to present any mitigating information regarding whether the Summary Suspension should continue. This conference is not for the purposes of investigating the charge.
- The Dean of Students, or designee, shall refer the matter to the Admissions Crime Review Committee for investigation. The Admissions Crime Review Committee shall be authorized to review and make a decision regarding the charges, including, but not limited to whether the Student is eligible to continue to enroll, whether the Student's prior admission shall be revoked, or whether the Student will be suspended in abeyance. The Summary Suspension may continue to be in effect until the committee has made such a determination.
- ADDITIONAL RESOURCES
- Admissions Policy for Applicants with Criminal History
- Student Code of Conduct
- Athletics Student-Athlete Code of Sportsmanship and Ethical Conduct
- EFFECTIVE DATE
This policy is effective immediately upon the Chancellor's signature.
This Policy does not include the CU-Boulder Law School, which has its separate admissions office and process that requires applicants to provide information about their character and fitness to practice law, including criminal history information.
Effective date: February 22, 2013
Approved by: Chancellor Philip P. DiStefano
Author: Associate Vice Chancellor for Student Affairs and Dean of Students Christina Gonzales