STUDENT ADMISSIONS SCREENING PROCESS

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STUDENT ADMISSIONS SCREENING PROCESS

• POST VIRGINIA TECH SHOOTING

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RECENT RELEVANTVIRGINIA LAWS

• 23-2.21 Reporting of enrollment information to
  Sex Offender and Crimes Against Minors Registry
  (2006)
• 23-2.1-3 Students high school records (2008)

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23-2.21 REPORTING OF ENROLLMENT INFORMATION TO
SEX OFFENDER AND CRIMES AGAINST MINORS REGISTRY

• Each public and private two- and four-year
  institution of higher education physically
  located in the Commonwealth shall electronically
  transmit enrollment data including (i) complete
  name, (ii) social security number or other
  identifying number, (iii) date of birth, and (iv)
  gender to the Department of State Police. . . for
  comparison with information contained in the
  Virginia Criminal Information Network and
  National Crime Information Center Convicted
  Sexual Offender Registry File, for all applicants
  that are offered acceptance to attend the
  institution.

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23-3.13 STUDENTS HIGH SCHOOL RECORDS

• Each public and private institution of higher
  education may require that any student accepted
  to and who has committed to attend, or is
  attending, such institution provide, to the
  extent available, from the originating school a
  complete student record, including any mental
  health records held by the school. These records
  shall be kept confidential as required by state
  and federal law, including the Family Educational
  Rights and Privacy Act, 20 U.S.C. 1232g.

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ADMISSIONS SCREENING METHODS

• Questions on the application directed at mental
  health or criminal histories.
• Interviews with applicants
• Essays by applicants
• Recommendations from appropriate professionals
• High school records
• Health and counseling
• Conduct
• Background checks
• Sexual predatory registry
• Other criminal behavior

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IACLEA SCREENING RECOMMENDATIONS

• All members of the community upon application
  (admission and employment) are asked whether or
  not they have been charged or convicted of a
  crime and all related details.
• Institutions should conduct crimial record checks
  for their students, faculty and staff as
  appropriate.
• 2008 The IACLEA Blueprint for Safer Campuses
• International Association of Campus Law
  Enforcement Agencies

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NATIONAL SURVEYMIDWESTERN HIGHER EDUCATION
COMPACT

• Conducted after April 16
• Published May 2008
• Questioned IHEs throughout the U.S. on
• Screening questions on undergraduate applications
• Implementation of background checks for
  applicants
• The Ripple Effect of Virginia Tech, Midwestern
  Higher Education Compact, May 2008

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SURVEY RESULTS CONVICTION

• Percentage of Institutions with item on
  application pre 4/16
• 57 convicted of a felony
• 40 convicted on a non-specific crime
• 20 convicted of a crime involving aggression
  or violence
• Fewer than 2 reported adding such an item to
  their application after April 16, 2007
• The Ripple Effect of Virginia Tech, Midwestern
  Higher Education Compact, May 2008

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EXAMPLE QUESTION from COMMON APPLICATION

• Have you ever been found responsible for a
  disciplinary violation at an educational
  institution you have attended from 9th grade (or
  the international equivalent) forward, whether
  related to academic misconduct or behavioral
  misconduct, that resulted in your probation,
  suspension, removal, dismissal, or expulsion from
  the institution? Have you ever been convicted of
  a misdemeanor, felony, or other crime?

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SURVEY RESULTS MEDICATION

• Percentage of Institutions with item on
  application pre 4/16
• 8 taking meds for psychiatric or psychological
  condition
• 3 received any psychiatric or psychological
  treatment
• 4 hospitalized for psychiatric reasons
• Over 90 of respondents considered adding such
  items, less than 1 did
• The Ripple Effect of Virginia Tech, Midwestern
  Higher Education Compact, May 2008

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YES TO SCREENING QUESTION

• Detailed information and documentation requested
• Evaluation and decision made on many factors
• Two choicesadmit or deny admissions
• Deny admissions
• Potential discrimination complaint ADA/504
• Admit
• Identify appropriate resources
• Follow up throughout time on campus
• Take on responsibility for students behavior

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NC TASK FORCERECOMMENDATIONS

• System-wide check of pre-matriculation
• Identification of triggers that might require
  background checks
• Gap between h s graduation and application
• Withdrawals, leaves of absence
• Suspension or expulsion in K-12
• Dishonorable military discharge
• Fluctuation in grades
• Disturbing remarks in personal statement or
  reference
• Contradictions or inconsistencies within
  application materials

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MHEC SURVEY RESULTS BACKGROUND CHECKS

• Institutions reported
• Not considered54
• Considered but rejected14
• Pending decision15
• Implemented for 07-08--3
• Plans for future2
• Not sure12
• The Ripple Effect of Virginia Tech, Midwestern
  Higher Education Compact, May 2008

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LEGAL ISSUES BACKGROUND CHECKS

• Insufficient case or statutory law
• Potentially legal mine-field
• Student denied because of back ground check
• Student admitted and later commits crime
• Student admitted without background check and
  later commits crime
• False positive resulting in denial
• Family of Jessica Faulkner voluntarily dismissed
  suit
• Dickerson, Background checks in the University
  Admissions Process, Journal of College and
  University Law

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LEGAL ISSUES (continued)

• Minor or young adult applicants
• Juvenile record may be sealed or expunged
• Clean Slate permission not to reveal in some
  states
• Terms adjudicated or diversion rather than
  convicted
• Courts do insist that admissions processes not be
  arbitrary or capricious

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SUMMARY

• Application information is self-report
• Background checks on applicants / students
  cost/benefit is uncertain
• Staff time
• Actual cost of the check per student
• Many students are minors (records sealed or
  expunged)
• Focus of effort may be more effectively placed
  elsewhere
• Admission screening does not preclude violence on
  campus
• Information only potentially valid up to point of
  screening