Inquiry Into College Applicant Criminal History

State institutions of higher education - application for admission - criminal or educational disciplinary history inquiry. A state institution of higher education (institution) is prohibited from inquiring, prior to admission, about an applicant's criminal history or disciplinary history at an elementary, secondary, or postsecondary institution (disciplinary history); except that the institution may inquire into the following:

• An applicant's prior convictions or disciplinary history for stalking, sexual assault, and domestic violence;
• An applicant's convictions within 5 years before submitting the application for assault, kidnapping, voluntary manslaughter, or murder; and
• Any pending criminal charges against the applicant.

An institution that accepts a form of application that may be used to apply to other institutions is prohibited from considering any criminal or disciplinary history information provided on that application that the institution is prohibited from inquiring into on its own application. An institution that accepts a form of application that is designed by a national application service, tailored for admission to a specific degree program, and used in other states may consider criminal history information provided on that application.

An institution's review of an otherwise qualified applicant's disclosed criminal history or disciplinary history must be made in a reasonable amount of time. The institution shall provide an appeals process for an otherwise qualified applicant denied admission based on the applicant's criminal or disciplinary history.

An institution is required to post its policies regarding inquiries into an applicant's criminal and disciplinary history on its website and file such policies with the Colorado commission on higher education (commission). An institution shall notify the commission at least 30 days before making any changes to such policies.

An institution is permitted to inquire into an admitted student's criminal history when obtaining information pertaining to participation in campus life or student housing.

(Note: This summary applies to this bill as enacted.)