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Fort Lewis College Official Seal

Policy identification number: 

File: Enrollment Management Policies / Award of Scholarship

Tuition Waiver for Exonerated Persons

Policy Summary

Exonerated persons and their custodial children shall have all tuition and mandatory fees waived.

Policy Owner

Vice President for Finance and Administration

Approval Date

February 10, 2017

Effective Date

February 10, 2017

Search Terms

exonerated, vpfa, t, e, waiver

Scheduled for Review

Spring 2021

I. Policy Statement

  1. Exonerated persons and their custodial children admitted to Fort Lewis College shall have all tuition costs and mandatory fees waived if the exonerated person was wrongfully incarcerated for at least three years.
    1. For initial approval of the tuition waiver, the exonerated person must be admitted to the college within two years of a court issued directive to compensate the person, or, in the case of a custodial child, within two years of the child’s graduation from high school.
    2. For subsequent approval of the tuition waiver, the exonerated person or custodial child must be in compliance with the college’s academic standing and other academic policies.
       
  1. The college shall annually report to the Department of Higher Education the number of eligible exonerated persons or custodial children receiving tuition waiver benefits as outlined in this policy.

II. Reason for Policy

Compliance with Colorado Commission on Higher Education Policy Section VI, Part N, “The Exonerated Persons Tuition Waiver,” and Colorado Revised Statues (C.R.S.) 23-1-132, “Commission Directive – Tuition Waivers for Exonerated Persons.” 

III. Responsibilities

For following policy: All employees
For enforcement of policy: Vice President for Finance and Administration
For oversight of policy: Vice President for Finance and Administration
For notification: Policy Librarian
For procedures implementing policy: Admission Director 

IV Definitions

Eligible Child: Any individual:

  1. Who was conceived or adopted prior to the date upon which the exonerated person was incarcerated for the act or offense that served as the basis for his or her conviction, which conviction and incarceration is the subject of his or her petition;
  2. Whose principal residence is the home of an exonerated person;
  3. Who receives more than half of his or her financial support from the exonerated person each year; and
  4. Who is either:
    1. Less than nineteen years of age at the end of the current year; or
    2. Less than twenty-four years of age at the end of the current year and a full-time student. 

Exonerated Person: Any individual who has been determined by a district court pursuant to C.R.S. 13-65-102 to be actually innocent, wrongfully incarcerated for at least three years, and entitled to compensation per a court directive.

V. Procedures

To demonstrate initial eligibility, an individual is required to provide documentation to the institution no later than the first day of class of the first semester for which the waiver is sought. This information will be verified by Fort Lewis College. Additional documentation may be requested.

The exonerated person must submit the following items along with a completed tuition waiver petition:

  1. The exonerated person's judgment of imprisonment or commitment to the Department of Corrections;
  2. A certified copy of the document that overturned or dismissed the conviction for which the exonerated person was incarcerated;
  3. A certified copy of the directive issued to the state court administrator to compensate the person.

A custodial child must submit the following items along with a completed tuition waiver petition:

  1. The exonerated person's judgment of imprisonment or commitment to the Department of Corrections;
  2. A certified copy of the document that overturned or dismissed the conviction for which the exonerated person was incarcerated;
  3. A certified copy of the directive issued to the state court administrator to compensate the exonerated person;
  4. The child’s date of birth;
  5. The child’s principal residence;
  6. The child’s sources of financial support.
  7. The child’s date of high school graduation.