Henderson State University is committed to providing a safe campus and learning environment. In keeping with the principles and expectations outlined in our Student Community Standards, the university is obligated to inquire into an applicant’s or student’s prior or pending criminal history. If the university becomes aware that a current student has been arrested for, charged with, or convicted of a felony, the university reserves the right to take whatever interim measures it deems necessary in response in order to protect individuals' rights and personal safety. Such measures include, but are not limited to, suspension from classes and presence on campus, modification of campus living arrangements and/or working space, modification of class schedules and/or work shifts, and reporting the matter to law enforcement. If the university becomes aware that an applicant has been arrested for, charged with, or convicted of a felony, the university will place an applicant’s application on hold, pending further review. To address these situations and to fulfill the university’s obligation to provide a safe campus, the Felony Review Policy and Procedures has been adopted and the Felony Review Committee has been established.
Felony Review Committee
The Felony Review Committee is charged with reviewing applications for undergraduate admission, graduate school admission, readmission, and campus residential housing when the university becomes aware of an applicant's criminal conviction. The Felony Review Committee is also charged with reviewing situations in which a current student is arrested for, charged with, or convicted of a felony that may amount to “serious acts of misbehavior which may be detrimental to the university community” under the Student Community Standards.
Personnel: Director of Community Standards, non-voting, ex-officio chair; Chief of Police, ex-officio voting member; General Counsel, non-voting, ex-officio member; representative of Academic Affairs; representative of Counseling Center; representative of Housing and Community Standards; representative of Undergraduate Admissions; and representative of the Graduate School.
The Director of Community Standards shall serve as the ex-officio chair of the Felony Review Committee and shall vote only in the event of a tie. The Chief of Police shall serve as an ex-officio, voting member. The General Counsel shall serve as an ex-officio, non-voting member.
The President shall appoint the remaining members of the Felony Review Committee from full time employees who are recommended by the Vice President who has responsibility over the area to be represented. The Shared Governance Committee shall facilitate the appointments to the Felony Review Committee and include the Felony Review Committee in the university’s Committee Handbook.
Responsibility to Report
The university requires that applicants and current students provide information that is truthful, accurate and complete. Applicants and students are instructed, when in doubt as to whether they should disclose information, to disclose the information.
Applicants have a duty to provide accurate information during the admissions process. Applicants are required to notify the university immediately of any inaccuracies in or corrections to the information they previously disclosed during the admissions process. Applicants must notify the university of any felony arrest, charge or conviction that occurs between when they submit their application for admission and when they first begin classes.
Current students also have an ongoing obligation to notify the university of any felony arrest, charge or conviction during the time that he/she is enrolled at the university. A current student who has been arrested for, charged with, or convicted of a felony must report the arrest, charge or conviction to the Director of Community Standards within 48 hours after he/she becomes aware of the arrest, charge or conviction.
Students who fail to disclose that they have been arrested for, charged with, or convicted of a felony will be subject to disciplinary sanctions up to and including expulsion from the university. Failure to truthfully, accurately and completely disclose information to the university as required by this policy may result in immediate suspension or expulsion from a course, program, housing and/or the university.
Applicants and current students must report regardless of whether the incident or alleged incident from which the arrest, charge or conviction arose occurred before or after their admission to the university. Applicants and students are required to report even if a criminal history check fails to list the arrest, charge or conviction.
University employees who become aware that an applicant or current student has or may have been arrested for, charged with, or convicted of a felony should report that information to the Director of Community Standards.
Review Considerations
When called upon, the Felony Review Committee shall consider whether the individual’s previous behavior potentially poses a danger to members of the university community, university property, or the proper functioning of the academic process. To guide the decision making process, the Felony Review Committee will examine the details of each felony arrest, charge or conviction and consult other appropriate university officials to review criminal history. In addition, each student or applicant with a pending felony criminal charge or criminal history that includes a felony charge will be required to submit a background check obtained from the Arkansas State Police (see procedures below).
Previous behavior that was violent or dangerous in nature; involved sexual assault, weapons or drugs; or involved placing individuals in fear of imminent physical injury or danger is of particular concern to the university. Cases where individuals pose a risk to others or are still serving probations or parole will be heavily scrutinized. Generally speaking, the Felony Review Committee will consider the category of the crime; the rational relationship of the nature, severity, and recency of the crime to the interests and needs of the university; and the responsibility and repentance of the individual.
The Felony Review Committee reserves the right to make recommendations based on the merits of each case. The Office of Housing and Community Standards reserves the right to deny campus housing even though the student or applicant may be approved for admission.
It should be noted that prior criminal convictions may serve as prior conduct histories should other violations of the university’s Student Community Standards occur.
Unless the Provost approves the applicant for further consideration for admission or readmission or the Vice President for Student Affairs and Student Success approves the applicants for housing; the university shall not act on the application. The Provost shall only determine whether the student’s past behavior should render him/her ineligible for consideration for admission or readmission. The Vice President for Student Affairs and Student Success shall only determine whether the student’s past behavior should render him/her ineligible for consideration for housing. The Office of Admissions and the Graduate School are responsible for evaluation of the applicant’s academic and other qualifications. The Admissions Office is responsible for evaluation of an applicant’s eligibility for readmission.
PROCEDURE (for undergraduate admission, graduate school admission, readmission, and campus housing)
1. Upon receipt of an application with the “yes” box checked regarding a felony conviction or other history of a criminal offense, the Admissions staff / Graduate School or Housing and Community Standards staff places the application on hold pending further review.
2. The Admissions staff/Graduate School or Housing and Community Standards staff will notify the Director of Community Standards of the application. The Director of Community Standards will send a letter to the applicant requesting specifics of the conviction(s) or history of other criminal offense.
3. In response to the request made by the Director of Community Standards, the applicant is required to provide a letter of explanation of the conviction(s) and the nature of the crime(s). The applicant must sign his or her letter. In the letter of explanation and throughout this process, applicants must provide information that is truthful, accurate and complete. Applicants are instructed, when in doubt as to whether they should disclose information, to disclose the information. The university will determine whether the disclosure was required and, if so, whether the information is material.
Applicants must disclose any instance in any state or country where he/she has pled guilty or was found to be guilty by a judge or jury to criminal charges other than minor traffic offenses. This includes:
- plea of no contest or nolo contendre
- juvenile offense
- any conviction that he/she is currently appealing
Applicants need not disclose any instances in which she/he:
- was arrested but not charged
- arrested and charged but the charges were dropped
- arrested and charged but found not guilty by a judge or jury
- arrested, found guilty by a judge or jury but the conviction was overturned on appeal
- in which he/she received an executive pardon.
It is important for the university to be informed of any conditions of probation or parole and any restrictions or obligations that have been placed on the applicant before making a decision. Students or applicants may submit letters of good standing from probation or parole officers.
Applicants will not be denied admission based solely on their disclosure of a conviction.
4. In addition to court documents, each applicant will be required to submit a criminal history check from Arkansas and any state(s) in which the felonies occurred. (Fees may be required to complete this check). To request a criminal history check for the State of Arkansas, contact:
Arkansas State Police
Identification Bureau
#1 State Police Plaza Dr.
Little Rock, AR 72209
(501) 618-8500
5. All materials must be submitted to the Director of Community Standards by March 30 for admission/housing for summer terms, by June 30 for the fall semester, and by October 30 for the spring semester.
6. The Director of Community Standards shall provide the members of the Felony Review Committee with the background check results, information provided by the applicant, and all other available documentation at least 48 hours before a Felony Review Committee meeting.
7. At its discretion, the Felony Review Committee may request that the applicant appear before it to be interviewed. If requested, the applicant will be given at least 48 hours’ notice of the date and time of the interview. During the interview, the Felony Review Committee may inquire into, among other things, whether the applicant has an understanding of the past or pending offense, the applicant’s ability to learn from the experience, and the applicant’s desire to obtain an education in order to fulfill future goals.
In the event that the applicant informs the Director of Community Standards that he or she cannot attend the interview, the Director of Community Standards may make reasonable attempts to reschedule the interview. However, if the Director of Community Standards believes that the applicant is attempting to delay the process without reasonable cause, the Director of Community Standards may proceed with the meeting of the Felony Review Committee meeting. In that event, the Director of Community Standards will provide information to the Felony Review Committee about his/her communications with the applicant regarding the scheduling of the interview. The Felony Review Committee may consider the applicant’s failure to appear for the requested interview.
8. The Felony Review Committee meetings shall be conducted in person or through virtual meeting technology and a quorum of the duly appointed members must be present in order to conduct the business of the committee. Minutes of the meetings must be made and kept by the Director of Community Standards. Because the work of the Felony Review Committee requires the consideration of protected student record information and is advisory in nature, its meetings shall not be open to the public.
9. After consideration of the available information, the Felony Review Committee will make a recommendation to the Provost regarding the applicant’s eligibility for consideration for admission or readmission and, if applicable, to the Vice President for Student Affairs and Student Success for consideration for campus housing.
10. The Provost will make a decision regarding the applicant’s eligibility for consideration for admission or readmission and notify the Director of Community Standards in writing. If applicable, the Vice President for Student Affairs and Student Success will make a decision regarding eligibility for campus housing and notify the Director of Community Standards inwriting. The decision of the Provost as to the applicant’s eligibility for consideration for admission or readmission is final. The decision of the Vice President for Student Affairs and Student Success regarding eligibility for campus housing is final. The Director of Community Standards will notify the applicant in writing of the decision regarding eligibility for consideration. The Provost will notify the appropriate university employees (Director of Admissions, Dean of the Graduate School) in writing of the decision regarding eligibility for consideration. If applicable, the Vice President for Student Affairs and Student Success will notify the Department of Housing and Community Standards in writing of the decision regarding eligibility for consideration for campus housing.
PROCEDURE (for a current student who has been arrested for, charged with, or convicted of a felony)
1. Upon receipt of information that a current student may have been arrested for, charged with, or convicted of a felony, the Director of Community Standards will contact the Chief of Police. The Director of Community Standards and the Chief of Police will quickly review available information. Unless the report has no basis in fact, the Director of Community Standards will proceed to Step 2 of this Procedure.
2. Director of Community Standards will request that the Felony Review Committee review the student’s criminal charges, conviction and/or history.
3. While the matter is being reviewed, the university reserves the right to take whatever interim measures it deems necessary in response to an arrest for, charge with, or conviction of a felony in order to protect individuals' rights and personal safety. Such measures include, but are not limited to, suspension from classes and presence on campus, modification of campus living arrangements and/or working space, modification of class schedules and/or work shifts, and reporting the matter to law enforcement. Because the type of felony and offense and the stage of the criminal procedure will vary, the university reserves the right to impose different interim sanctions as it deems appropriate. The President or their designee shall consider the concerns and rights of the student and the complainant (if applicable) in determining the interim measures to be imposed.
4. Within 3 working days of notification of the arrest, charge, or conviction, the Director of Community Standards will send a letter to the student requesting specifics of arrest(s), charge(s) or conviction(s). In response, the student who has been arrested for, charged with or convicted of a felony is required to provide a letter of explanation of the conviction and the nature of the alleged crime or crime. The student must sign his or her letter. Students or applicants may submit letters of good standing from probation or parole officers.
5. In the letter of explanation and throughout this process, students must provide information that is truthful, accurate and complete. Students are instructed, when in doubt as to whether they should disclose information, to disclose the information. The university will determine whether the disclosure was required and, if so, whether the information is material.
Students must disclose any instance in any state or country where he/she has plead guilty or was found to be guilty by a judge or jury to criminal charges other than minor traffic offenses. This includes any 1) plea of no contest or nolo contendre; 2) juvenile offense; and 3) any conviction that you are currently appealing. Students need not disclose any instances in which she/he 1) was arrested but not charged; 2) arrested and charged but the charges were dropped; 3) arrested and charged but found not guilty by a judge or jury; 4) arrested, found guilty by a judge or jury but the conviction was overturned on appeal; or 5) where he/she received an executive pardon.
6. In addition to court documents, each applicant will be required to submit a criminal history check from Arkansas and any state(s) in which the felonies occurred. (Fees may be required to complete this check). To request a criminal history check for the State of Arkansas, contact:
Arkansas State Police
Identification Bureau
#1 State Police Plaza Dr.
Little Rock, AR 72209
(501) 618-8500
7. The student must provide all requested materials to the Director of Community Standards within 15 days of the request. Failure to do so may result in sanctions up to and including expulsion from the university.
8. As soon as possible after receiving all of the requested materials and the collection of other relevant information or the expiration of the 15 days allowed for the submission of the requested materials, the Director of Community Standards shall call a meeting of the Felony Review Committee. The Director of Community Standards shall provide the members of the Felony Review Committee with the background check results, information provided by the student, and all other available documentation at least 48 hours before a Felony Review Committee meeting.
9. At its discretion, the Felony Review Committee may request that the student appear before it to be interviewed. If requested, the student will be given at least 48 hours’ notice of the date and time of the interview. During the interview, the Felony Review Committee may inquire into, among other things, whether the student has an understanding of the past or pending offense, the student’s ability to learn from the experience, and the student’s desire to obtain an education in order to fulfill future goals.
In the event that the student informs the Director of Community Standards that he or she cannot attend the interview, the Director of Community Standards may make reasonable attempts to reschedule the interview. However, if the Director of Community Standards believes that the student is attempting to delay the process without reasonable cause, the Director of Community Standards may proceed with the meeting of the Felony Review Committee meeting without the student’s appearance. If the Director of Community Standards determines that reasonable attempts have been made to reschedule, the Director of Community Standards may proceed with the meeting of the Felony Review Committee meeting with or without the student’s appearance. In that event, the Director of Community Standards will provide information to the Felony Review Committee about his/her communications with the student regarding the scheduling of the interview. The Felony Review Committee may consider the student’s failure to appear for the requested interview.
10. The Felony Review Committee meetings shall be conducted in person and a quorum of the duly appointed members must be present in order to conduct the business of the committee. A quorum for this committee shall constitute half of the duly appointed members of this committee. Minutes of the meetings must be made and kept by the Director of Community Standards. Because the work of the Felony Review Committee requires the consideration of protected student record information and is advisory in nature, its meetings shall not be open to the public.
11. After consideration of the available information, the Felony Review Committee will make a recommendation to the Director of Community Standards as to whether the individual’s behavior poses a danger or a potential danger to members of the university community, university property, or the proper functioning of the academic process as well as a recommendation as to the appropriate response by the university. The Felony Review Committee can recommend and the university can impose measures that include, but are not limited to, expulsion, suspension, modification of campus living arrangements and/or working space, modification of class schedules and/or work shifts, revoking right to be present on university property, and reporting the matter to law enforcement. The Director of Community Standards shall provide a copy of the minutes of the Felony Review Committee meeting to the Vice President for Student Affairs and Student Success within 24 hours of the meeting.
12. The university reserves the right to take whatever measures it deems necessary in response to the danger or potential danger to members of the university community, university property, or the proper functioning of the academic process. Because the type of felony and offense and the stage of the criminal procedure will vary, the university reserves the right to impose different sanctions as it deems appropriate. The university will consider the concerns and rights of the student and the complainant (ifapplicable). As a result of the Felony Review Committee’s recommendations, the Director of Community Standards may initiate an action under the Student Community Standards. The information gathered by the Felony Review Committee and the recommendation of the Felony Review Committee shall be considered as part of the judicial process for charges of violation of the Student Community Standards.
13. The interim measures taken by the university and the recommendations of the Felony Review Committee may not be appealed.
Initial Policy was approved by the Board of Trustees on December 14, 2012.
Revised by the Board of Trustees on November 10, 2017.
Revised by the Board of Trustees on June 25, 2020