SP 4-10c
APPROVED: January 10, 2019
EFFECTIVE: January 10, 2019
REVISED: January 17, 2022
REFERENCES: The Americans with Disability Act of 1990, as amended; Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g 34 CFR Part 99; Colorado Open Records Act, C.R.S. 24-72-201; Ensuring Access to Higher Education Act, C.R.S. 23-5-106.5
APPROVED:
/ Joseph A. Garcia /
Joseph A. Garcia, Chancellor
This procedure applies to all applicants or students in the Colorado Community College System (CCCS or System) who have received an offer of admission to or are enrolled in an educational program that requires a background check.
Board Policy (BP) 4-10 authorizes the Chancellor to establish procedures for evaluating the suitability of students enrolling in certain programs that have background check requirements, which may include a review of qualifications, previous employment, criminal history, drug screening, and, when applicable, credit, driving history, and fingerprint-based criminal history records check.
Applicants:
Applicants who have received an offer of admission to an educational program that requires a background check must submit to and satisfactorily complete a background check review, at their own expense, as a condition of matriculation to the program. An offer of admission will not be final until the completion of the background check(s) with results deemed as satisfactory. Admission may be denied or rescinded based on a review of the background check.
Current Students:
Students who are currently enrolled and who do not have a valid background check must submit to, and satisfactorily complete, a background check review, at their own expense, as a condition of enrolling or participating in education programs or experiences at affiliated sites as required. Students who refuse to submit to a background check, or if the results are not deemed satisfactory, may be dismissed from the program.
Criminal Background Check Report:
Each program will publish the disqualifying criminal offenses it will consider in making its decision for admittance into the program. These offenses will be based on standard industry practices.
Drug Screening:
Negative Findings:
Final Determination:
The designated reviewer will make a final decision regarding enrollment, withdrawal/revocation of acceptance/admission, or continuation in the program, whichever is applicable. If it is determined that the applicant or student is not eligible for admission into the program or continued enrollment, the applicant or student shall be notified promptly by the designated reviewer. Denial of admission or continued enrollment in the program based upon background check results may be appealed by the student using the College’s applicable procedures for academic appeals.
Confidentiality and Record Keeping:
Duty to Disclose:
Applicants and students are required to report to the educational program within five (5) business days, arrests for any misdemeanors, other than minor traffic offenses, and felonies. Failure to provide notification of arrest is grounds for denying admission or removal from the program.
Other Provisions:
Template Letters:
Template letters are attached to this procedure as Appendices and may be utilized by the Colleges at its discretion.
CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.
APPENDIX A
Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:
TYPE OF BUSINESS: | CONTACT: |
1.a. Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates b. Such affiliates that are not banks, savings associations, or credit unions also should list, in addition to the CFPB: |
a. Consumer Financial Protection Bureau 1700 G Street, N.W. Washington, DC 20552b. Federal Trade Commission Consumer Response Center 600 Pennsylvania Avenue, N.W. Washington, DC 20580 (877) 382-4357 |
2. To the extent not included in item 1 above: a. National banks, federal savings associations, and federal branches and federal agencies of foreign banksb. State member banks, branches and agencies of foreign banks (other than federal branches, federal agencies, and Insured State Branches of Foreign Banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act.c. Nonmember Insured Banks, Insured State Branches of Foreign Banks, and insured state savings associationsd. Federal Credit Unions |
a. Office of the Comptroller of the Currency Customer Assistance Group 1301 McKinney Street, Suite 3450 Houston, TX 77010-9050b. Federal Reserve Consumer Help Center P.O. Box 1200 Minneapolis, MN 55480c. FDIC Consumer Response Center 1100 Walnut Street, Box #11 Kansas City, MO 64106d. National Credit Union Administration Office of Consumer Financial Protection (OCFP) Division of Consumer Compliance Policy and Outreach 1775 Duke Street Alexandria, VA 22314 |
3. Air carriers | Asst. General Counsel for Aviation Enforcement & Proceedings Aviation Consumer Protection Division Department of Transportation 1200 New Jersey Avenue, S.E. Washington, DC 20590 |
4. Creditors Subject to the Surface Transportation Board | Office of Proceedings, Surface Transportation Board Department of Transportation 395 E Street, S.W. Washington, DC 20423 |
5. Creditors Subject to the Packers and Stockyards Act, 1921 | Nearest Packers and Stockyards Administration area supervisor |
6. Small Business Investment Companies | Associate Deputy Administrator for Capital Access United States Small Business Administration 409 Third Street, S.W., Suite 8200 Washington, DC 20416 |
7. Brokers and Dealers | Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549 |
8. Federal Land Banks, Federal Land Bank Associations, Federal Intermediate Credit Banks, and Production Credit Associations | Farm Credit Administration 1501 Farm Credit Drive McLean, VA 22102-5090 |
9. Retailers, Finance Companies, and All Other Creditors Not Listed Above | Federal Trade Commission Consumer Response Center 600 Pennsylvania Avenue, N.W. Washington, DC 20580 (877) 382-4357 |
APPENDIX B
Sample Letter to an Accepted Applicant for Admission, Accompanying a Criminal Background Check Report Containing Information of Concern and Requesting Additional Information
(Print on College’s stationery)
Dear [Name]:
Pursuant to the authorization and information you provided, a criminal background check has been completed. A copy of the report produced by the consumer reporting agency is enclosed for your review. You have the right to dispute the accuracy or completeness of any information contained in the report by contacting the consumer reporting agency directly:
(Type name, address and phone number of consumer reporting agency)
A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” is enclosed with this letter.
Please review carefully each item in the report and provide a detailed, written description and explanation, along with appropriate documentation, including police reports. Pending the resolution of this issue to the satisfaction of the College, your pre-enrollment requirements have not been met and your offer of admission is not final.
Please return your response to [Name] within ten (10) working days of the date of this letter. As noted in your application and in your authorization to conduct the background check, your admission may be denied or rescinded, unless the results of your background check are deemed favorable by the College.
Sincerely,
APPENDIX C
Sample Letter to an Enrolled Student Accompanying a Criminal Background Check Report Containing Information of Concern and Requesting Additional Information
(Print on College’s stationery)
Dear [Name]:
Pursuant to the authorization and information you provided, a criminal background check has been completed. A copy of the report produced by the consumer reporting agency is enclosed for your review. You have the right to dispute the accuracy or completeness of any information contained in the report by contacting the consumer reporting agency directly:
(Type name, address and phone number of consumer reporting agency)
A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” is enclosed with this letter.
Please review carefully each item in the report and provide a detailed, written description and explanation, along with appropriate documentation, including police reports. Pending the resolution of this issue to the satisfaction of the College, your ability to participate in training at clinical facilities and your continued enrollment are at risk.
Please return your response to [Name] within ten (10) working days of the date of this letter. As indicated in your authorization to conduct the background check, you may be subject to dismissal from the program, unless the results of your background check are deemed favorable by the College.
Sincerely,
APPENDIX D
Sample Letter to an Accepted Applicant or Enrolled Student in Which Consent is Sought to Disclose Criminal Background Check Reports to Clinical Facilities
(Print on College’s stationery)
Dear [Name]:
This is to inform you that [College/facility/program] requires disclosure of students’ criminal background check reports and supplementary materials as a condition of acceptance for training at the facility. Training at the facility is an important component of your educational program, and equivalent clinical experiences may not be available at other facilities.
Please sign below, indicating your consent for the College to disclose to the facility a copy of your criminal background check report and any other materials provided by you or others in connection with the report. Return signed copy to [Name].
APPENDIX E
Sample Letter to an Enrolled Student, Dismissing the Student After Review of Items of Concern from a Criminal Background Check
(Print on College’s stationery)
Dear [Name]:
This is to inform you that the review of the results of your criminal background check and the explanation and information you provided has been completed. I regret to inform you that the results are not deemed favorable by the College. Your enrollment, which was conditioned on results deemed favorable by the College, is terminated effective immediately and you are dismissed from the College/program.
This decision is based, in whole or in part, on information provided in a consumer report furnished by:
(Type name, address and phone number of consumer reporting agency)
Please be advised that the consumer reporting agency did not make the decision to take this action and will be unable to provide you with the specific reasons why you have been dismissed. You have a right to obtain a free copy of the consumer report which the consumer reporting agency prepared on you by writing to the consumer reporting agency. You also have the right to dispute the accuracy or completeness of any information contained in the report by contacting the consumer reporting agency directly. A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” is enclosed with this letter.
Sincerely,
APPENDIX F
Sample Letter to an Accepted Applicant for Admission Who is Not Yet Enrolled, Withdrawing an Offer of Admission
(Print on College’s stationery)
Dear [Name]:
This is to inform you that the review of the results of your criminal background check and the explanation and information you provided has been completed. I regret to inform you that the results are not deemed favorable by the College. Your offer of admission to the [INSERT] program for the [Fall/Spring 20XX] semester, which was conditioned on results deemed favorable by the College, is therefore withdrawn.
This decision is based, in whole or in part, on information provided in a consumer report furnished by:
(Type name, address and phone number of consumer reporting agency)
Please be advised that the consumer reporting agency did not make the decision to take this action and will be unable to provide you with the specific reasons why you were not offered final admission. You have a right to obtain a free copy of the consumer report which the consumer reporting agency prepared on you by writing to the consumer reporting agency. You also have the right to dispute the accuracy or completeness of any information contained in the report by contacting the consumer reporting agency directly. A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” is enclosed with this letter.
Sincerely,
APPENDIX G
Sample Letter to an Applicant Accepted for Admission, Withdrawing an Offer of Admission When Applicant Has Not Provided Required Documents About Information of Concern from a Criminal Background Check
(Print on College’s stationery)
Dear [Name]:
This is to inform you that the review of the results of your criminal background check has been completed. Because you failed to provide the explanation and/or other documents requested, your results were reviewed without them. I regret to inform you that the results are not deemed favorable by the College. Your offer of admission to [INSERT] program for the [FALL/SPRING 20XX] semester, which was conditioned on results deemed favorable by the College, is therefore withdrawn.
This decision is based, in whole or in part, on information provided in a consumer report furnished by the following consumer reporting agency:
(Type name, address and phone number of consumer reporting agency)
Please be advised that the consumer reporting agency did not make the decision to take this action and will be unable to provide you with the specific reasons why you were not offered final admission. You have a right to obtain a free copy of the consumer report which the consumer reporting agency prepared on you by writing to the consumer reporting agency. You also have the right to dispute the accuracy or completeness of any information contained in the report by contacting the consumer reporting agency directly. A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” is enclosed with this letter.
Sincerely,