§ 5004. PROHIBITION ON INQUIRING ABOUT CRIMINAL HISTORY IN ADMISSIONS DECISIONS.
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(a) A College may not, for the purpose of considering whether to Admit an Applicant, inquire about the Applicant’s Criminal History, such as by making any direct or indirect statement, question, prompting, or other communication, orally or in writing, personally or through an agent, using any mode of communication, including, but not limited to, application forms and interviews. “Inquire,” as used in this subsection (a), includes providing, or directing the Applicant to, an application form that is subsequently viewed by an Applicant. This subsection (a) applies to application forms devised or administered by third parties that Colleges use for the purpose of considering whether to Admit the Applicant.
(b) As subsection (a) indicates, a College may not use application forms that contain a request for information about the Applicant’s Criminal History. A College is in violation of this Article 50 if it makes any such application form available to the general public or to potential Applicants in any format, including but not limited to, posting it on the College’s website, or distributing paper copies.
(c) Nothing in this Article 50 prohibits an Applicant from voluntarily, and without prompting, disclosing the Applicant’s Criminal History.
(d) A College that receives Criminal History from a person or entity other than the Applicant is not in violation of this Article 50 if the College did not receive the information in response to an inquiry about the Applicant’s Criminal History for the purpose of considering whether to Admit the Applicant.
(e) Nothing in this Article 50 prohibits a College from requesting, or obtaining, Criminal History from an Applicant after an Applicant has accepted Admission and agreed to enroll in the College, but Colleges are strongly encouraged to limit inquiry and subsequent use of the information to the following purposes:
(1) Offering counseling or support services;
(2) Making decisions about the Applicant’s eligibility to participate in activities and aspects of campus life, such as housing; and
(3) Making decisions about the Applicant’s eligibility for financial aid or scholarships.
(f) Nothing in this Article 50 prohibits a College from, at any time, inquiring about Criminal History when an Applicant has applied to an educational program in a field in which federal or state licensing requirements restrict persons with Criminal History from employment or licensing, as long as the inquiry and subsequent use of the information is limited to the purpose of advising Applicants that their Criminal History may limit the Applicant’s ability to:
(1) Participate in educational requirements, such as clinical practice;
(2) Obtain employment; and
(3) Receive professional or occupational licenses or admissions.
(g) Nothing in this Article 50 prohibits a College from, at any time, inquiring about Criminal History for the purpose of deciding whether to Admit an Applicant who will require, in order to enroll, the College to provide a Certificate of Eligibility for Nonimmigrant (F-1) Student Status.
