Purpose
State University of New York (SUNY) policy prohibits SUNY campuses from inquiring into an applicant���s prior criminal history during the admissions process. After acceptance, the college shall inquire if the student previously has been convicted of a felony if such individual seeks campus housing or participation in clinical or field experiences, overnight trips, internships (if employer requires a background check) or study abroad programs.
The Prior Felony Convictions Review Committee serves as the standing campus committee responsible for reviewing disclosures of prior felony convictions related to specific post-admission activities, in accordance with SUNY Policy #3200, the SUNY Office of General Counsel guidance, and applicable New York State law, including Article 23-A of the New York State Corrections Law.
Charter Sponsor
Compliance
Charter Contact
Committee Chair
Timeline
Meet as needed
Membership
- Director of Compliance
- Dean of Student Life
- Coordinator of Judicial Affairs & Community Standards (Campus Liaison with NYS Department of Corrections and Office of Probation)
- Coordinator of Career Services
- Dean of the School of Health Sciences
- Dean of the School of Public and Human Services
- Coordinator of Student Engagement
- Dean of Athletics and Recreation
- Executive Director of Public Safety and Emergency Management
Does
- Conduct an inquiry regarding a prior felony conviction only after admission and only when a student seeks participation in a covered activity (campus housing, overnight trips applicable clinical/field experiences or internships, or study abroad).
- If a student responds affirmatively to the inquiry, initiate a review consistent with SUNY Policy #3200 and applicable law.
- Request documentation necessary to facilitate review, which may include an official criminal history record (excluding sealed records), parole or probation documentation if applicable, and other relevant information.
- Conduct a review of the submitted materials and schedule a personal interview with the student when necessary to clarify or verify information
- Evaluate the relevance of the disclosed conviction using the factors outlined in New York State Corrections Law 禮753.
- Seek legal counsel when needed
- Determine whether participation in the covered activity is approved, approved with conditions, or denied. Determinations shall be made by a quorum consisting of at least three (3) committee members. The administrator of the activity covered must be one of the three (3) committee members.
- When participation is approved with conditions, identify and document any conditions required for participation.
- Defer a determination when required documentation has not been submitted or is incomplete, until all necessary information is received and reviewed.
- Notify the student and the impacted office in writing of the committee���s determination.
- Maintain webpage with information for students
- Maintain records and deliberations in a secure and confidential manner, with access limited to individuals with a legitimate business need.
Does Not
- Participate in admissions decisions
- Inquire into criminal history prior to admission
- Make or interpret College or SUNY policy
- Address contractual, collective bargaining, or disciplinary matters
- Automatically approve or deny participation based solely on the existence of a felony conviction
Guiding Points
- Apply all reviews consistently and in compliance with SUNY policy and New York State law
- Maintain confidentiality.
- Focus review solely on the relevance of the conviction to the specific covered activity
- SUNY Policy #3200 ��� 911勛圖 of Persons with Prior Felony Convictions
- SUNY Office of General Counsel Memorandum (November 15, 2024)
- New York State Corrections Law 禮禮 750, 752, and 753