Colorado § 23-5-124 - Student enrollment - prohibition - public peace and order convictions - definitions.

§ 23-5-124. Student enrollment - prohibition - public peace and order convictions - definitions.

(1) No person who is convicted of a riot offense shall be enrolled in a state-supported institution of higher education for a period of twelve months following the date of conviction.

(2) A student who is enrolled in a state-supported institution of higher education and who is convicted of a riot offense shall be immediately suspended from the institution upon the institution's notification of such conviction for a period of twelve months following the date of conviction; except that if a student has been suspended prior to the date of conviction by the state-supported institution of higher education for the same riot activity, the twelve month suspension shall run from the start of the suspension imposed by the institution.

(3) Nothing in this section shall be construed to prohibit a state-supported institution of higher education from implementing its own policies and procedures or disciplinary actions, in addition to the suspension in subsection (2) of this section, regarding students involved in riots.

(4) (a) The court in each judicial district shall report to the Colorado commission on higher education the name of any person who is convicted in the judicial district of a riot offense.

(b) The Colorado commission on higher education shall make the conviction reports received pursuant to paragraph (a) of this subsection (4) available to all state-supported institutions of higher education with the notification that the persons included in the conviction reports are subject to the provisions of this section and that the state-supported institution of higher education in which any of such persons are enrolled shall consider appropriate disciplinary action against the student.

(5) Each state-supported institution of higher education shall notify its students and prospective students of the requirements of this section. The governing board of each state-supported institution of higher education shall prescribe the manner in which this information shall be disseminated.

(6) For purposes of this section, unless the context otherwise requires:

(a) "Convicted" means having received a verdict of guilty, pleaded guilty or nolo contendere, or having received a deferred judgment and sentence.

(b) "Riot offense" means:

(I) Inciting riot, as described in section 18-9-102, C.R.S.;

(II) Arming rioters, as described in section 18-9-103, C.R.S.;

(III) Engaging in a riot, as described in section 18-9-104, C.R.S.

(c) "State-supported institution of higher education" means any postsecondary institution that is governed by:

(I) The board of governors of the Colorado state university system;

(II) The board of regents of the university of Colorado;

(III) The board of trustees of the Colorado school of mines;

(IV) The board of trustees for the university of northern Colorado;

(V) (Deleted by amendment, L. 2003, p. 790, § 10, effective July 1, 2003.)

(VI) The state board of community colleges and occupational education;

(VII) The board of any local college district in Colorado;

(VIII) The board of trustees for Adams state university;

(IX) The board of trustees for Colorado Mesa university;

(X) The board of trustees for Western Colorado university;

(XI) The board of trustees for Fort Lewis college; or

(XII) The board of trustees for Metropolitan state university of Denver.

Source: L. 2002: Entire section added, p. 1134, § 1, effective June 3. L. 2003: (6)(c)(I), (6)(c)(VI), and (6)(c)(VII) amended and (6)(c)(XI) and (6)(c)(XII) added, p. 1994, § 38, effective May 22; (6)(c) amended, p. 790, § 10, effective July 1. L. 2011: (6)(c)(IX) amended, (SB 11-265), ch. 292, p. 1367, § 22, effective August 10. L. 2012: (6)(c)(VIII) amended, (HB 12-1080), ch. 189, p. 759, § 17, effective May 19; (6)(c)(XII) amended, (SB 12-148), ch. 125, p. 427, § 13, effective July 1;(6)(c)(X) amended, (HB 12-1331), ch. 254, p. 1271, § 16, effective August 1. L. 2019: (6)(c)(X) amended, (HB 19-1178), ch. 400, p. 3546, § 15, effective July 1.

Editor's note: (1) Subsections (6)(c)(XI) and (6)(c)(XII) were originally numbered as (6)(c)(VIII) and (6)(c)(IX), respectively, in House Bill 03-1344, but were renumbered on revision for ease of location.

(2) Amendments to subsection (6)(c) by House Bill 03-1093 and House Bill 03-1344 were harmonized.

Cross references: For the legislative declaration in the 2011 act amending subsection (6)(c)(IX), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (6)(c)(XII), see section 1 of chapter 125, Session Laws of Colorado 2012.