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Errors of Admission?

The murder of Jessica Faulkner was tragic — on that all parties agree. But does it suggest colleges need to change their approach to admissions?

Faulkner was sexually assaulted and murdered in 2004 in a dormitory room at the University of North Carolina at Wilmington. Her attacker and fellow student — Curtis Dixon — killed himself while being held on charges of kidnapping, sexual assault and murder. This week Faulkner’s parents sued the University of North Carolina, charging it with negligence for admitting Dixon despite a well documented history of violence against women, including incidents at other UNC campuses.

While the suit seeks damages of $500,000, the primary goal of the litigation is to force colleges to do more thorough background checks on students who apply, according to Thomas C. Goolsby, who is the lead lawyer for Faulkner’s parents. “This is about student safety and who is on our university campuses,” he said.

University officials and experts on admissions are nervous about the implications of the lawsuit. Some fear it could create unrealistic demands on admissions officers, who they say should not be expected to make up for shortcomings in the legal system.

Faulkner had no way of knowing there would be a potential murderer in her dormitory. Dixon ended up in her dormitory because his application left off certain details, like findings that he had stalked and threatened a woman with a knife at the North Carolina School of the Arts (part of the UNC system) or that he was cited for disorderly conduct at the University of North Carolina at Charlotte or that he was dishonorably discharged from the Navy.

And Dixon didn’t even submit the application himself. His father did and his father was at the time an assistant to the chancellor at UNC Charlotte. (The father is also being sued and has already admitted to forgery in the case, but could not be reached for comment.) The father, James E. Dixon III, also called the Wilmington admissions office on his son’s behalf.

To Goolsby, it all adds up to an indictment of the way colleges admit students. “The university was clearly on notice about this student,” he said, but the different campuses never shared information and no background check was conducted. He said that colleges should conduct background criminal checks on applicants routinely, and also examine service discharge records for anyone who was in the military.

“There are numerous college students charged and convicted of assault and stalking and the university needs to do more than ask whether you’ve been convicted of anything,” he said. “Criminal records are easy to get. I get them from my office every day.”

Joni B. Worthington, a spokeswoman for the North Carolina system, said that admissions officers — as is the case at most colleges — don’t do routine background checks on applicants. With more than 100,000 applications a year to the system’s campuses, a criminal background check on each applicant isn’t feasible, she said.

However, Worthington said that a review by the university after the Faulkner murder led to a series of reforms in which certain “red flags” on an application result in full background checks.

Not everyone, however, agrees that colleges should even go down the road of trying to figure out whether former criminals who are not violating the law belong on campus.

Barmak Nassirian, associate executive director of the American Association of Collegiate Registrars and Admissions Officers, said that his organization is constantly asked by members for advice on whether to screen applicants for “prior bad acts,” and the advice is usually No.

In some cases, he said it does make sense to screen. If a state licensure requirement in a field bars people with certain criminal convictions from becoming nurses or doctors, for example, it doesn’t make sense to admit them to programs for such training, he said.

But beyond that, he questioned why colleges should be charged with trying to figure out which former criminals are dangerous. “If an individual is at liberty in our society, why should that individual be denied education? What makes colleges competent to make extra-judicial judgments on people?” he asked.

People like Curtis Dixon can stalk and kill people from a store or a street off-campus, he said. If people think that the Curtis Dixons of the world are too dangerous to be around other people, the necessary changes would come in sentencing and other judicial reforms, not from college admissions decisions, he said. (He did distinguish this view from college decisions once a student is on campus, when it is appropriate to punish, kick out, or report to legal authorities someone who violates college rules, especially in ways that endanger someone else.)

Nassirian also expressed concern that colleges shouldn’t assume people are high risk just because they have some sort of blemish on their record. It wasn’t that long ago, he said, that students might have been kicked out of Bob Jones University for interracial dating. So being kicked out of a college doesn’t necessarily make one dangerous.

Even with such concerns, however, Nassirian said that there was clearly power in the Faulkner example. “Obviously, post facto, one can’t help but feel horror at all the missed opportunities to connect the dots,” he said. “There’s no question but that when you have the tragedy before your eyes, you wish you had done more.”

Scott Jaschik

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Comments

Bob Jones University

Of course, it should be noted (in the interest of fair coverage) that Bob Jones University no longer has that policy.

Scott, at 7:50 am EDT on May 18, 2006

Background checks on faculty as well?

Colleges and universities ought to run criminal background checks on prospective faculty as well, given that an increasing number of assaults and murders of students both on- and off-campus are committed by them. Too many students enter these institutions with no idea just how much danger they are in.

AB, at 8:10 am EDT on May 18, 2006

Evidence Free Comments

AB joins the increasing number of anti-intellectual cranks posting evidence-free attacks on academics at IHE: Maybe you want to provide some evidence for the existence of this national epidemic of faculty attacks on students, hmm, AB?

Joseph Duemer, Professor at Clarkson University, at 9:00 am EDT on May 18, 2006

Oh boy........

Joseph, I agree that AB should give some examples, but his/her underlying point still has validity. Faculty/Staff should be held to the same standard as students. If we are running background checks on students, shouldn’t we being doing the same for Faculty and Staff? That, of course, begs the question, how much higher do we want college tuition to go? Can you imagine the costs involved in doing background checks on EVERY student, faculty and staff member at even small colleges?

Befuudled, at 9:20 am EDT on May 18, 2006

Having a daughter myself, I can understand the pain and frustration these parents feel.. and the anger. However, I don’t think a background check on every applicant is logistically possible. Also, as noted in the article, if they are legally able to attend and hold the degree they are seeking, then denying someone access based on a ‘belief’ that they might be dangerous will open up a whole new set of lawsuits. Perhaps, smaller, private universities could logistically do background checks and then pick and choose their enrollment. Comments anyone???

Sandra Kemp, Marketing Manager at Global Financial Aid Services, at 9:25 am EDT on May 18, 2006

Evidence

Befuddled, yesterday here at IHE I read that plagiarism is endemic among American college faculty and today I learn that we are also routinely committing assaults against our students. I’d just like to see some evidence that American faculties are really such a vast criminal enterprise.

As for background checks, universities are not police departments & should not be expected to behave like police departments.

Joseph Duemer, Professor at Clarkson University, at 9:50 am EDT on May 18, 2006

North Carolina System

Since all the public colleges in North Carolina go through one system, one would suppose that there is a central database system where a red flag could have been put on Dixon’s name so that when another application came from him, the admissions officer could identify possible problems. The admissions officer is correct that there are too many in a large system such as North Carolina, that’s why there needs to be a central data system. Also, don’t forget the main responsibility for this atrocity lies at Dixon’s father’s feet since he is the one who not only forged the application and called the school but also knew about his son’s problem.Even for small colleges, such as the one I work for, screenings could not be done on all admissions candidates. Nor do I think it should be required. If the legal system allows a person to be free, then the educational system should allow them a right to an education. I state this as a single woman with a college age daughter.

Demetra, CSP student, at 10:00 am EDT on May 18, 2006

already here in FL

I (as staff/adjunct faculty) was suprised to learn that if I didn’t comply w/a mandatory fingerprinting that I would be subject to dismissal. Isn’t anyone (at least slightly) disturbed by the “big brother"-ish leanings that are becoming so glaringly obvious in our (so called) society. Did I miss the memo on the repeal of the fourth amendment?

slackdaemon, it’s in there... at Manatee Community College, at 10:20 am EDT on May 18, 2006

Denying higher education admission to convicted criminals merely ensures that they will never become rehabilitated. What a terrible proposal! What a way to creat a permanent criminal underclass!

Paul Gowder, at 10:20 am EDT on May 18, 2006

Doesn’t it seem fair to require universities to state plainly

“We assume no responsibility for your child’s safety.”

Max, at 12:05 pm EDT on May 18, 2006

Criminal record background checks

The failures of the legal system should not be used by higher education as an excuse not to act on a very real problem. While it may be logistically and financially difficult to complete a criminal background check on every applicant, it could be a condition of acceptance, the cost of which the student should pay for. As a parent and educator, it would be a small price to pay for greater, although not complete, peace of mind.

Concerned, Faculty, at 12:05 pm EDT on May 18, 2006

It seems to me that the university does have a responsibility when it provides housing: students given school housing should personally fill out a (confidential) form revealing problems with the law and medical/psychiatric conditions; perhaps the form might allow individuals to express their personal concerns also. Screening might be appropriate too.

However, the point is well made that a murderer more likely would come from the outside than the inside. This implies that dorm “floor monitors” (or what ever they are called at a given institution) have to perform at a standard level in surveillance as in counseling. And they should have assistants who fill in when they are away. This can help against all kinds of victimization as well as fire.

In the 1960s, when dorms were becoming increasingly coed and mores were changing rapidly, universities largely made a choice not to be surrogate parents. But the university dorms that I have visited (UCLA and elsewhere) have a high level of “front-door” security, implying that they are willing-to-take/recognize some responsibility for safety from without. A reexamination of safety from within would be a minimal way of protecting students without more widely challenging everyone’s personal freedom.

Donald Nierlich, Prof. Emeritus at UCLA, at 12:50 pm EDT on May 18, 2006

Scarlet letter

Let’s just paste a big ole scarlet letter on everyone! We could have different shapes and symbols like Hitler did. That should make everyone safe. We need to get rid of “undesirables". Example:"Q” questions authority.

The events were tragic. The question is whether we punish for status (prior criminal) or actions.

Michael, at 3:00 pm EDT on May 18, 2006

Education for all

I have to disagree with AB and support the statement by Nissirian.

It is the responsibility of the judicial branch to decide who is dangerous and who is safe, not a college or university. This applies to faculty and staff as much as students. A police record does not make you a bad or unsafe person. I can think of numerous current examples as to why.

I have known plenty of colleagues that were just plain creepy eventhough they had no criminal record. I suspected that they were dishonest, violent, drunkards, druggies, and/or sexual predators. No one would bar them from a university campus, though maybe they should.

At the same time I know many people who at some point in their lives did something that got them a police record. Some are past or present students, some are friends. Some have done jail time. One spent several years in a federal penitentiary. Charges ranged from rather petty to very serious. Some of them were doing things that I consider honorable (engaging civil protest, eg.) others were not. More important than the dubious character of some of my acquaintances, I can’t think a single one of these people who doesn’t deserve whatever benefits they can derive from our educational system.

The dangers of blocking many of these people from the system could/would have disasterous long-term consequences.

Think about it. Do we really want to tell the person who hit an early downward spiral and landed in jail that it doesn’t matter whether or not they get sober, get clean, and stay on the straight and narrow, they can’t have a college degree or any of the benefits of that degree? Is higher-ed to be only for the squeaky clean and those with good lawyers?

Large numbers of inmates in the US come from poor and working class families and have little or no secondary education. To bar them from further education or even employment within the academy could make their sentences of however many years into a kind of life sentence.

JB, at 3:00 pm EDT on May 18, 2006

dormitory v. just being a student

The problem I see here is that Dixon was allowed to live in the same dormitory with women. I have harped on this before. Young women going off to college, and their families, should have the right to know that the women will be safe at least in the dorms. I keep saying it—mixed dorms lead to charges of rape, incidents of rape, incidents of assault, and here, an incident of murder. School is supposed to be about learning, not about figuring out who is or may be a criminal.

suebasko, at 5:45 pm EDT on May 18, 2006

JB

JB, the is the very least we could do is keep them as far away from law-abiding, productive individuals as possible. I would gladly pay for a backround check on every myself as part of my college application if I knew that it also applied to all other students, faculty, administrators, staff etc.

Kevin, Undergraduate, at 9:10 pm EDT on May 18, 2006

Max, well, Smart thinking, but...oversimplified

do a google search on ‘in loco parentis’ and you’ll see why a ‘blanket statement’ of “we assume no responsibility...” just doesn’t cut it.

vince, at 9:10 pm EDT on May 18, 2006

Background checks

Of course it is feasible, and necessary, to do criminal background checks on students. The cost is $25 and it should be passed through to the student. While they are not 100% accurate (only surrounding states can be done, not the entire 50), it is still better than pretending that it is not possible, or necessary. This will still not protect your student population from psychologically unbalanced perpetrators, or those who have not acted, or been caught in their crimes of violence, it is a start...

Robert Wilder, VP at Arizona, at 10:25 pm EDT on May 18, 2006

ERRORS IN ADMISSION

The fault of the University doesn’t arise at all as the admission is based on the performance in academic. It will be the valid responsibility of the parents and teaching community to make the student more responsible to his commitment. The student may be highly proactive in his character while joining the university. How can a University doubt his performance at that time? Depending the environment and mental status at that moment he may become violent. How University can be held responsible at this juncture. It finally depend who all are responsible for such type of illegal activities.

B S MADDODI ACADEMIC COORDINATOR SIKKIM MANIPAL UNIVERSITYMANIPAL

Balakrishna S Maddodi, NOT A FAULT OF THE UNIVERSITY at SIKKIM MANIPAL UNIVERSITY MANIPAL, at 4:35 am EDT on May 19, 2006

a school’s obligations

Kevin, I don’t want to break it to you, but not all college students are productive. Many of them are not law-abiding. For the life of me, I don’t see why colleges need to provide people with anything more than landlord services. In the real world (which all college students should be handle, or they are just too immature for school) it is likely that people will live near, work near, or taking public transportation near, a sex offender.

Of course, many people are dangerous and just lack a criminal record. Are we you suggesting that, say, fratboys be mentally profiled to see if they fit the profile of someone that might hurt women? Or that members of a male or female sports team might abuse each other?

Larry, at 7:35 am EDT on May 19, 2006

suebasko

suebasko — having men and women live in the same buildings does not lead to more rape, assault, etc like you suggest. For one, the evidence is lacking in most studies that student affairs professionals do. Also, following your logic, apartment buildings that house both men and women would also have higher incidents of sexual assault. The student who committed the crime would have done so regardless — being allowed to live in the same building as women did not create the opportunity.

Stephanie, Residence Life Staff, at 8:05 am EDT on May 19, 2006

Fingerprinting

Slackdaemon writes:"I (as staff/adjunct faculty) was suprised to learn that if I didn’t comply w/a mandatory fingerprinting that I would be subject to dismissal.”

I think you’ll have to get over it. Many states, well Georgia and Texas at least, now require fingerprinting just to get a driver’s license.

Andrew, at 6:15 am EDT on May 21, 2006

Larry

Well, non-productive can be sorted out by grades, and admissions already measure productivity to an extent.

I’m not worried about consentual behavior (ie most hazing) — that doesn’t affect people like me who choose not to take part in such things. I am concerned about people with criminal records, since they typically take actions towards people against their will. As much peace of mind as possible should be sought — normal people should not have to tolerate the criminal behavior of those individuals who freely choose to flout the agreements of society.

Kevin, Undergraduate, at 12:50 pm EDT on May 23, 2006

I work at a college, and consider myself a liberal in many ways .... but I feel more conservative on this issue as I disagree with many of these comments.

I do think that it is the place of many institutions (but not all) to be selective as they admit students. Most would agree that a college/university could deny someone admissions due to lack of academic credentials (bad grades, no diploma, etc.). I also think that an institution could deny enrollment if they feel that someone’s behavioral cerdentials are not there. I think that it is entirely reasonable to do so.

We don’t leave it to others to tell us if a student has the graded to be admitted. WE make those decisions. Why use the judgment of the courts (or some other authority) to judge other types of fitness or readiness? Colleges seem less and less willing to set and establish standards anymore (no proof of this — but I sense it), and I think that private colleges and selective state-funded institutions should establish — and celebrate — the standards they set for their campuses.

JB, at 9:05 pm EDT on June 1, 2006

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