Background checks on incoming college students became an issue in Virginia earlier this year following an on-campus shooting at Old Dominion University. The assailant had a prior terrorism conviction, but no background check had been conducted.
The debate surrounded a Virginia law that bars public colleges from asking applicants about their criminal history, a policy intended to expand access to higher education for people with past convictions.
Roughly 66 percent of colleges and universities conduct some form of background screening or ask about criminal history during the admissions process, though actual full independent criminal background checks on every single applicant are less common.
While about two-thirds of institutions review criminal history or require disclosure on applications, surveys by groups like the American Association of Collegiate Registrars and Admissions Officers (AACRAO) indicate that only a small fraction (around 7%) perform active, independent criminal background checks on all incoming applicants.
Many schools require students to “check the box” or self-disclose past felony convictions or disciplinary suspensions, and then investigate further only if a red flag is raised.
It should be noted that comprehensive checks are standard for specialized programs, such as nursing, medical fields, education or internships that place students with vulnerable populations.
Most incoming students are young, and juvenile records are typically sealed. In addition, the “Ban the Box” movement argues that requiring criminal history disclosures unfairly discourages qualified applicants with past convictions from pursuing higher education and rehabilitation.
Proponents argue that screening helps identify individuals with serious histories of violence or sexual offenses, protecting students on campus.
While many public colleges have been banned from requiring applying students to disclose criminal convictions, many private colleges still make those inquiries. If an institution requires disclosure, employees must find a way to effectively balance applicants’ rights with the desire to enroll students of good character.
Background checks can be a useful tool if an institution develops policies and procedures to ensure legal compliance and fairness to incoming students.
A few steps to consider:
- Review questions on applications. Consider whether questions about convictions are a step you wish to take. State on applications that disclosure of convictions doesn’t automatically disqualify an applicant, but lying on the application may be grounds for dismissal.
- Detail your policy. State the policy on the admissions application. Indicate whether students are entitled to the due process if something is uncovered.
- Conduct fair reviews. Establish a committee to consider negative information to ensure consistent treatment. Consider the infraction’s seriousness, evidence of rehabilitation, and the truthfulness of the applicant. Provide incoming students an opportunity to explain negative information.
- Follow fair credit reporting laws. Do this if your school uses a background check company.
- Require ongoing disclosure. Tell students they must disclose any arrest for an offense other than minor traffic violations. This should be required even if the offense occurs when school isn’t in session.
The information and opinions expressed are for educational purposes only and are based on current practice, industry-related knowledge and business expertise. The information provided shall not be construed as legal advice, express or implied.