Title: Declaration of Criminal Convictions Student Policy and Procedure

Transcription

1 Title: Declaration of Criminal Convictions Student Policy and Procedure Document Type: Policy Location: Policies, Procedures and Guidelines Version: 4.0 Publication date: February 2015 Author: Learning & Information Service Approved by: Head of Student Services Last updated: February 2015 Review date: February 2016

2 A-2 Declaration of Criminal convictions Student Policy and Procedures Policy This procedure applies to all applicants to, and students of, Southampton Solent University s courses. Introduction 1. The University aims to provide a supportive and positive environment for work and study and a community of harmony and mutual trust. It values the contributions of all staff and students. It is committed to ensuring that the rights of individuals are respected and that each person is treated with dignity, respect and courtesy at all times. 2. Whilst promoting equality of opportunity, the University has a responsibility to provide a safe environment for its staff and students. To this end, all applicants seeking entry to the University s courses and existing University students are required to declare any unspent criminal convictions or pending court cases, other than for minor motoring offences. 3. In accordance with the 1974 Rehabilitation of Offenders Act, the following guidelines and procedures should be followed by all applicants and existing students declaring a criminal conviction that has not been spent. (This procedure will also apply to those who have failed to declare a conviction but are found to have one.) In applying these procedures, the University will be observing the rehabilitation periods as set out in Section 5 of the Act and, as a consequence, any convictions that are regarded as spent will be ignored. 4. All relevant information relating to a disclosure of a criminal conviction will be retained by the Deputy Head of Student Services. In accordance with University policy, such records will be kept for a period of one academic year after the student has completed their studies at the University. Course Specific Procedures Certain courses, will require an Enhanced criminal record check from the Disclosure and Barring Service (DBS) to be completed. Under the Rehabilitation of Offenders Act 1974, certain convictions become spent. You are not required to provide information on spent convictions except where successful completion of the programme gives the right to practise a profession exempted by the Act, namely: a) medical practitioners, barristers, solicitors, accountants, dentists, veterinary, surgeons, nurses, midwives, opticians, pharmacists, osteopaths and chiropractors, social workers, teachers; b) those connected with administration of justice (including the police and the

3 Probation service), and those involved in contact with young people, the elderly, disabled and the seriously ill; c) unit trust managers, managers of nursing homes Further information on the courses affected, can be sought from the University Prospectus or relevant Faculty. The outcome of an Enhanced CRB could impact adversely upon your ability to complete the course. Warsash Maritime Academy 5. As the majority of the students at Warsash Maritime Academy are sponsored, the views and interests of the sponsoring companies must be considered. Warsash Maritime Academy, therefore, has an obligation to sponsoring companies to inform them of criminal convictions that are not spent. This duty applies to Officer Cadets on HND courses in Merchant Vessel Operations and Merchant Vessel Engineering. A similar obligation applies to undergraduate students on the BSc (Hons) Merchant Ship Operations and Merchant Ship Engineering courses who are sponsored, or who subsequently seek sponsorship. In admitting students to its courses, the criteria outlined in paragraph 6 will be applied with the Customer Services Manager discharging the function in relation to applicants declaring criminal convictions. Procedures 6. On receipt of a UCAS application form that includes a declaration of a criminal conviction, the Faculty admissions staff will forward the application to the relevant Course Admissions Tutor. Where details of the conviction are included on the form, these will be detached by the Faculty admissions staff, prior to the copy being sent to the Course Admissions Tutor, and forwarded to the Deputy Head of Student Services. The Course Admissions Tutor will therefore be aware that an applicant has ticked the criminal convictions box on the form but will not have any details relating to the nature of the conviction. In this way, the University will ensure that criminal convictions are not taken into account when making academic decision. 7. The Course Admissions Tutor will assess all applications on academic grounds only. 8. Should an Admissions Tutor wish to make an offer to an applicant who has declared a relevant unspent criminal conviction, they will notify the Faculty admissions staff who will then write directly to the applicant, using the appropriate form, requesting further information on the precise nature of the offence that led to the conviction. The applicant will also be asked to provide a named contact from the Police/Probation/Prison/Social Service as appropriate. The applicant will be asked to return the form directly to the Deputy Head of Student Services within five working days of receipt. Any further information will only be sought with the permission of the applicant in accordance with the provisions of the 1998 Data Protection Act. 9. In the case of a continuing student accessing the on-line enrolment system, their progress will be halted by the system if they indicate that they have been convicted of a relevant criminal offence since their last enrolment. They will be referred to an on-

4 line declaration form with instructions to return this to the Deputy Head of Student Services. 10. In the event that an enrolment has been completed and it is subsequently discovered that a student has a criminal conviction that they did not declare, depending on the circumstances, the University's disciplinary procedures may be invoked. In such cases, the Dean of the Faculty will liaise with the Deputy Head of Student Services in order to resolve the issue. (This procedure will also be followed as per paragraph 8.) On receipt of the completed applicant declaration form the Deputy Head of Student Services will begin the procedure for dealing with applicants with criminal convictions. 11. Stage 1. The Deputy Head of Student Services will establish if the offence is spent and/or relevant. Minor offences such as motoring offences will be disregarded at this stage and the faculty will be notified that the application may proceed. 12. Stage 2. If a conviction is ascertained to be relevant and not spent the Deputy Head of Student Services will proceed to stage 2. The conviction will be considered by the Deputy Head of Student Services, Associate Dean of Operations (or an appropriate representative), and the Student Support Network Officer of the relevant faculty. These individuals will form the Criminal Convictions panel. The Deputy Head of Student Services, the relevant Associate Dean of Operations (or an appropriate representative) and Student Support Network Officers, have responsibility for deciding if an offer can be made to an applicant who has declared a relevant criminal conviction. This decision involves consideration of the University s duty of care to staff and students and its commitment to individual Human Rights, right to an education, and the right not to be discriminated against as protected under the Rehabilitation of Offenders Act All cases will be considered on an individual basis. The panel will treat all applicants in a fair and equitable manner. The following factors will be taken into consideration: The nature of the offence and whether this has any bearing on the applicant s suitability to become a member of the student body (e.g. violent, sexual or drug related crimes) The length of time since the offence was committed The age of the applicant when the offence was committed Whether there has been a history of repeat offending Any mitigating circumstances which significantly impacted upon the applicant at the time the offence was committed The Deputy Head of Student Services will have responsibility for giving advice on the nature of the offence and for obtaining supporting information from authorities identified by the applicant. The panel will be able to take the following actions:

5 Refuse the application on the basis that the risk posed to the Student Community and staff is too great Unconditionally accept the application in this case the Faculty Admissions Office will be advised by the Deputy Head of Student Services to proceed with the application as normal Accept the application subject to certain conditions e.g. that the applicant does not live in halls of residence, and/or should meet with the Associate Dean (Operations). In the situation where a condition is required, the applicant will be notified in writing and will be required to accept the conditions in writing. The student will also need to be made aware that certain individuals may need to be informed to enforce such conditions e.g. the University Estates and Facilities Service. Where it is decided that an offer cannot be made on the basis of the criminal conviction declared, the student will be notified in writing and will be made aware of the appeals procedure. The panel may also defer a decision where it is felt that more information is required to conclude the decision making process. The Deputy Head of Student Services will be tasked with gathering further information by contacting the applicant in the first instance. The Deputy Head of Student Services and the panel will endeavour to keep any delay to a reasonable minimum throughout the procedure. Appeals An applicant may appeal against the decision of the panel as follows: 1. Where an application has been rejected because of a criminal conviction or 2. Where an offer has been made subject to a condition and the student feels that the condition is unfair or disproportionate. The student should appeal in writing against the decision within 10 working days of receipt of the panel s decision. The student should establish the grounds of their appeal and provide any further evidence that they wish to be considered. Stage 1: At this stage the appeal panel will constitute the original Criminal Convictions panel, which will have an opportunity to reconsider its decision in the light of further information. The panel will have several options available to it: To overturn the original decision and make an offer To overturn the original decision and make an offer subject to certain conditions To reduce or amend conditions To uphold the original decision The applicant will be notified of the panel s decision in writing a soon as possible. In cases other than when the original decision has been overturned, students should also be made aware of the second stage of the appeal procedure.

6 Stage 2: Applicants will have the opportunity to pursue a second and final stage of appeal. This final stage appeal panel will comprise of appropriate senior members of staff who have not previously been involved in the original decision making process, including the Dean of the Faculty as Chair of the Panel, and the Head of Student Support. The applicant will be invited to attend a hearing giving them an opportunity to make their appeal in person. The applicant will have the opportunity to be accompanied by a family member or friend. The applicant should provide details of this companion to the chair of the panel within 5 days of the hearing date. Where the applicant does not wish to attend he/she may provide written representation. Written representations and further evidence should be provided within 5 working days of the hearing date. The applicant will be given 10 working days notice of hearing date. An applicant may seek to have the hearing date changed in cases where they can show good cause e.g. work commitments, previous engagements etc. The applicant should notify the chair of the panel of the reasons of non-attendance to request a new hearing date and an alternative mutually convenient date should be arranged as soon as possible. However, if the chair of the panel does not accept the reasons given or the applicant simply does not respond, the hearing will take place in their absence. The findings of the stage one appeal and the original decision of the Criminal Convictions panel will be presented to the appeals panel by the Deputy Head of Student Services. The Chair of the panel will notify the applicant/student in writing within 5 working days of the decision of the Appeals Panel.

7 Declaration of Criminal Convictions Name: Address: Course: Faculty: UCAS no: Date of birth: Please list all unspent convictions as defined in the attached letter, together with details of the date of sentencing, sentence imposed, sentence actually served. Please provide details of any Probation Services, Police Authorities or Social Services that you are prepared for us to contact for further information, if necessary. Nature of Conviction Date of sentencing Sentence imposed and served Details of services involved Continue on a separate sheet if needed. Please explain any mitigating circumstances, including any reflection on your actions that were considered by the court and that you wish the Criminal Convictions panel to consider. Please also attach any letters of support that you have from Social Services, Probation Services or other official body involved in your case. Do you intend to live in University halls of residence? Yes/No Signed: Date:

8 Appendix A Draft Letter to Applicants Who Have Ticked Yes in Relation to Criminal Convictions Date PERSONAL Dear [Applicant] Thank you for your application to Southampton Solent University to study [programme of study]. On your application form you have indicated that you have a criminal conviction. In order to consider your application further, we must consider details of the nature of your offence/s and your conviction/s. Please complete the enclosed form providing details of your conviction. Under the Rehabilitation of Offenders Act 1974, certain convictions become spent. You are not required to provide information on spent convictions except where successful completion of the programme gives the right to practise a profession exempted by the Act, namely: a) medical practitioners, barristers, solicitors, accountants, dentists, veterinary, surgeons, nurses, midwives, opticians, pharmacists, osteopaths and chiropractors, social workers, teachers; b) those connected with administration of justice (including the police and the probation service), and those involved in contact with young people, the elderly, disabled and the seriously ill; c) unit trust managers, managers of nursing homes. If your programme of study gives you the right to practise one of these professions, you need to provide information on all convictions. Furthermore, if your course involves a placement working with children, young people or vulnerable adults, you will be required to complete a CRB check; therefore it would be advisable to disclose all convictions at this stage. I would be grateful, therefore, if you could provide details of the nature of your offence/s and your conviction/s in accordance with the information above and return them by [date] to the Deputy Head of Student Services. Please be assured that this information will be kept in the strictest confidence and will be passed only to University staff who are directly involved in determining the outcome of your application, in accordance with the Data Protection Act Documentation relating to unsuccessful applicants will be retained for a period of twelve months. Documentation relating to successful applicants will be retained for the duration of his/her study at the University, plus a period of twelve months. Yours sincerely Deputy Head of Student Services