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NDUS Procedures

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SUBJECT: 500s: Student affairs EFFECTIVE: August 31, 2011
Section: 511 Student Criminal History Background Checks

  1. Nationwide FBI criminal history background checks are authorized and required for students in a program on the attached list of NDUS academic programs titled "FBI Criminal History Background Checks Required and Authorized".

  2. A criminal history background check, which may be a North Dakota BCI check, a FBI nationwide check or check of another state or multiple jurisdictions, is required for students in a program on the attached list of NDUS academic programs titled Criminal History Background Check Required and FBI Checks Authorized." Nationwide FBI criminal history background checks are authorized for students in these programs.

  3. Institutions shall determine when a required criminal history background check must be received. For some programs, that time may be prior to admission to a program. For other programs, the background check may be required at a later date. For example, in a teacher education program, the background check may be required in the third or fourth year, prior to a student teaching experience. Institutions with similar programs are encouraged to establish similar guidelines and procedures governing required background checks.

  4. Effective with Fall 2010 applications, NDUS undergraduate admission applications shall require a response to the following:

    All students making application to (name of institution) must answer the following questions. An affirmative response to any of these questions will not automatically prevent admission, but you will be asked to provide additional information. The information will be reviewed by a campus officer or committee charged with that responsibility. Falsification or omission of information may result in a denial of admission, rescission of admission, dismissal, or other appropriate sanction.

    1) Have you ever pled guilty (or no contest) to or been convicted of any felony? Yes/No

    2) Within the past 10 years, have you pled guilty (or no contest) to or otherwise been convicted of a misdemeanor crime involving violence or the threat of violence in any court? ("Crime of violence" means an offense in which physical force was used, attempted or threatened against the person or property of another or by the nature of the offense it involves substantial risk that physical force may be used against a person or property of another. Examples of crimes of violence include, but are not limited to, abuse, arson, assault (including sexual assault or domestic violence), battery, breaking and entering, burglary, criminal mischief or vandalism, harassment, homicide, menacing, reckless endangerment, stalking, terrorizing and unlawful restraint or imprisonment. Yes/No

    3) Are you currently required to register as a sex offender in any state? Yes/No

    4) Have you been dismissed or suspended from a college or university for disciplinary reasons within the last 5 years ("Dismissed for disciplinary reasons" means a permanent separation from an institution due to conduct or behavior. "Suspended for disciplinary reasons" means a sanction imposed for disciplinary reasons that results in a student leaving school for a fixed period but not permanently.) Yes/No

  5. Changes to the "FBI Criminal History Background Checks Required and Authorized" and "Criminal History Background Check Required and FBI Checks Authorized" will be reviewed semi-annually in January and July of each year. To change the status of a required or authorized FBI check in a program, all institutions offering that academic program must unanimously agree to the change.

  6. FBI criminal history reports received from the FBI or BCI are confidential according to federal law and FBI regulations. These FBI reports may not be disseminated outside of the requesting institution and may be disseminated within the institution only for the purpose requested. Other criminal history information relating to enrolled students is subject to provisions of the Family Educational Rights and Privacy Act (FERPA).

  7. If an FBI criminal history report received from the FBI or BCI is used to make a determination of suitability of an applicant or student for admission to the institution, participation in a clinical education program, participation in a student teaching program or participation in any other program for which an FBI report is authorized, the institution must:
    1. Notify the applicant or student fingerprinted that the fingerprints taken will be used to check the criminal history records of the FBI;
    2. Provide the applicant or student the opportunity to complete, or challenge the accuracy of, the information contained in the FBI identification record;
    3. Advise the applicant or student that procedures for obtaining a change, correction, or updating of an FBI identification record are set forth in 28 C.F.R. 16.34; and
    4. Refrain from making an adverse decision with respect to the applicant or student based on information in the record until the applicant has been afforded a reasonable time to correct or complete the record, or has declined to do so.

Reference: SBHE Policy - 511  

Reference: N.D.C.C. Sec. 12-60-24

Chancellor's Cabinet Meeting, March 19, 2008.
Chancellor's Cabinet Meeting, September 3, 2008.
Chancellor's Cabinet Meeting, March 9, 2009.
Chancellor's Cabinet Meeting, September 2, 2009 (only change was linked files in #1 and #2)
Chancellor's Cabinet Meeting, January 6, 2010.
Chancellor's Cabinet Meeting, March 24,2010
Chancellor's Cabinet Meeting, August 31, 2011 (Note: only change was linked files in #1 and #2)
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