Prior Felony Convictions Review Committee

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

  • Dean of Student Life
  • Director of Compliance
  • 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 and Science
  • 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 §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 – Admissions of Persons with Prior Felony Convictions
  • SUNY Office of General Counsel Memorandum (November 15, 2024)
  • New York State Corrections Law §§ 750, 752, and 753