Law / United States / 
Colorado
Colorado state institutions of higher education: limits on asking applicants about criminal and disciplinary history
C.R.S. section 23-5-106.5 (as added by SB 19-170)
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Disclosure
What it requires
- If you are a state institution of higher education, do not inquire into, or require disclosure of, an applicant's criminal history, or disciplinary history at another academic institution, on any admission application, including an electronic one, and do not obtain that history before admitting the applicant except as the section allows (C.R.S. 23-5-106.5(2)(a), (d)).
- Tell applicants of their rights under the section in the application or its instructions, including the right to appeal and that an applicant need not disclose information in sealed records (C.R.S. 23-5-106.5(2)(b)).
- Do not consider information on a shared application that you are barred from asking about, and do not reject an applicant on information you are barred from collecting; you may consider conviction history on a national application service's form designed for admission to a specific degree program, and a denied applicant may appeal (C.R.S. 23-5-106.5(2)(c), (e)).
- You may ask on an application about prior convictions for stalking, sexual assault and domestic violence, convictions within five years before applying for assault, kidnapping, voluntary manslaughter or murder, prior disciplinary history at another academic institution for stalking, sexual assault and domestic violence, pending criminal charges, and academic-performance records (C.R.S. 23-5-106.5(3)).
- Complete any additional review of an otherwise qualified applicant within a reasonable period, give a denied applicant an appeal within the institution, and adopt appeal policies and procedures (C.R.S. 23-5-106.5(4)).
- Publish the policy on the institution's publicly accessible website, file it with the commission, and notify the commission at least thirty days before changing it (C.R.S. 23-5-106.5(5)).
- If you ask an admitted applicant about criminal history for campus life or student housing, consider the nature and gravity of the conduct, the time that has passed, the student's age at the time, evidence of rehabilitation, and the benefit to the student of participating in campus life (C.R.S. 23-5-106.5(7)).
These lines are LexLint's reading of the law's text.
What this law does
The governing board of a state institution of higher education may not inquire into, or require disclosure of, an applicant's criminal history, or disciplinary history at another academic institution, on any form of application for admission.
A state institution of higher education may still ask on an application about an applicant's prior convictions for stalking, sexual assault, and domestic violence, convictions within five years for assault, kidnapping, voluntary manslaughter, or murder, prior disciplinary history for stalking, sexual assault, and domestic violence, pending criminal charges, and educational records related to academic performance.
An applicant denied admission based on information provided under the section's exceptions has the right to appeal that decision within the institution. Each state institution of higher education must publish its policy under the section on its publicly accessible website and file it with the commission. Section 23-5-106.5 was added by Senate Bill 19-170 and took effect on .
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