Purpose

This document establishes the University of Colorado Boulder's ("CU-Boulder") policy for addressing applicants for admission, admitted applicants and confirmed applicants with previous or pending criminal and/or disciplinary history pursuant to Colorado Senate Bill 19-170 (the Ensuring Access to Higher Education Act) as codified in C.R.S. § 23-5-106.5. This policy does not include the CU Boulder Law School.

Definitions

  1. Academic Performance – behavior that could affect academic standing at an institution including academic integrity violations such as plagiarism, cheating, fabrication, lying, bribery, unauthorized access to academic materials, resubmission, or aiding academic dishonesty
  2. Adjudicated guilty – a guilty verdict, an accepted guilty plea or an accepted Nolo Contendere (No Contest) plea  and does not include a  plea to a deferred judgement or sentence, unless or until revoked
  3. Admitted applicant – a person who has been offered admission, whether full-time or part-time, to an undergraduate, graduate, professional, non-degree or non-credit program at CU Boulder
  4. Applicant – a person who has submitted an application as defined herein
  5. Application – an application for student admission as an undergraduate, graduate, professional, non-degree or noncredit program at CU Boulder
  6. 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 matter
  7. Campus life – on-campus housing and/or any other campus-sponsored activity or program outside of academic coursework
  8. Charges or 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
  9. Conditional admission – an offer of admission contingent upon an the admitted applicant’s participation in responsive actions
  10. Conduct or Conduct History – disciplinary history and/or criminal history
  11. Conduct Review Committee (CRC) – a CU Boulder standing committee co-chaired by the Director of the Office of Student Conduct and Conflict Resolution and the Assistant Vice Chancellor of the Office of Institutional Equity and Compliance, or their designees, and  comprised of cross-campus representatives from the CU Boulder Police Department (CUPD), the Department of Housing and Dining Services, the Division of Continuing Education, the Graduate School, New Student and Family Programs, the Office of Admissions, Student Support and Case Management, and Veteran and Military Affairs, with representatives from the Office of University Counsel and Risk Management  available as consultants
  12. Confirmed Applicant – a person who has been admitted to CU Boulder and has notified the university that they intend to enroll by paying a confirmation deposit and it is prior to the first day of the term
  13. Conviction – a guilty verdict, a guilty plea or a Nolo Contendere (No Contest) plea and not including a plea to a deferred judgement and sentence unless and until revoked
  14. Criminal History – any pending criminal charges or being adjudicated guilty or convicted of a misdemeanor or felony
  15. Disciplinary History – any pending allegation or prior incident of being found responsible for a disciplinary violation at an educational institution
  16. Eligible to Enroll – after the CRC completes their pre-admission review, they may determine that the applicant is eligible for admission and ultimately may enroll at CU Boulder either with or without further responsive actions
  17. Enrolled Student – a person who is actively enrolled and attending academic courses at CU Boulder
  18. Pre-admission – occurs once an applicant has submitted an application but before an offer of admission by the university has been made
  19. Post-admission – occurs after an offer of admission by the university has been made
  20. Responsive Action: Possible requirements determined by the Conduct Review Committee (CRC) which may include meeting with staff 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, and/or regulation of court compliance.

Policy

The University of Colorado Boulder (CU Boulder) is committed to facilitating a safe environment conducive to academic learning and to compliance with the new legal limitations on inquiries  about an applicant’s criminal and disciplinary history pursuant to Colorado Senate Bill 19-170 (the Ensuring Access to Higher Education Act), as codified in C.R.S. § 23-5-106.5. Therefore, CU Boulder will inquire only about the following conduct on the application for student admission: There are exceptions. Such inquiries will not be required for participants in the “Inside Out Prison Exchange Program” offered through the Division of Continuing Education that began in Spring 2017, the online Masters of Science in Electrical, Computer and Energy Engineering program offered through the Graduate School that began in Fall 2019, or any other on-line only academic programs where course participation does not include student physical presence on the CU Boulder campus.

  1. An applicant’s prior convictions for stalking, sexual assault, and domestic violence
  2. An applicant’s prior convictions, within five years before submitting the application, for assault, kidnapping, voluntary manslaughter, or murder
  3. An application prior disciplinary history at another academic institution for stalking, sexual assault, and domestic violence
  4. Any criminal charges pending against the applicant
  5. An applicant’s education records related to academic performance

Notice to Applicants on the Application

In compliance with C.R.S. § 23-5-106.5(2)(b), CU Boulder will notify applicants on the application that the applicant is not required to disclose any information contained in sealed records and has the right to appeal, pursuant to the below procedures, a denial decision made based on any information required to be disclosed.  CU Boulder will also notify the applicant that there is a post-admission process that will further inquire about conduct.

After admission, pursuant to C.R.S. § 23-5-106.5(7), CU Boulder will inquire into an admitted applicant’s conduct history when obtaining information pertaining to participation in campus life.

Obligation to Update Responses Prior to Start of Enrollment

All applicants, admitted applicants and confirmed applicants have an obligation to report any updates or other changes to their prior response to the criminal and disciplinary inquiry on the admissions application before the first day of their first term of attendance. These applicants are required to immediately notify their respective admissions unit of the changes and submit the required documentation.  Failure to report changes that should have been disclosed may result in an allegation of a violation of the Student Code of Conduct through the Office of Student Conduct and Conflict Resolution.  Please refer to the Procedures document (for this policy) for more detailed information.

Right to Appeal

CU Boulder offers applicants the right to appeal pursuant to C.R.S § 23-5-106.5.

An applicant, admitted applicant or confirmed applicant has the right to appeal CU-Boulder’s determination not to admit, to admit with conditions, or to require responsive actions, resulting from a review of criminal and/or disciplinary history.   Please refer to the Procedures document (for this policy) for more detailed information.

Resources

Applicants for Admission - Criminal and/or Disciplinary History Procedures

Effective Date

February 22, 2013

Revised Date

February 12, 2020

Approved By

Chancellor Philip P. DiStefano

Policy Owner

Office of Admissions