Applicant and Student Criminal Convictions Disclosure Policy
Applicant and Student Criminal Convictions Disclosure Policy:
1. Introduction
1.1 The purpose of the University of Bradford’s Applicant and Student Criminal Convictions Policy is to set out the requirements for students with unspent criminal convictions in order to assess whether individuals may be admitted to the University.
1.2 The University aims to admit all students with the ability to benefit from the opportunities presented by the University.
1.3 The University understands the transformational nature of Higher Education and is committed to supporting the key principles of the Rehabilitation of Offenders Act 1974, the Data Protection Act 2018 and General Data Protection Regulation.
1.4 Possession of an unspent criminal conviction does not mean that an application to study at the University will automatically be unsuccessful.
1.5 It is, however, important that this aim is achieved without prejudice to the safety and well-being of others.
1.6 Consequently, there may be occasions where this must take priority above all other considerations.
1.7 The arrangements outlined in this Policy are intended to provide a means to ensure that any decision regarding the admission of an applicant with criminal convictions is taken fairly and transparently.
2. Scope
2.1 The University of Bradford Criminal Conviction policy applies to:
• applicants who accept an offer for a place; and
• current students
on programmes subject to Professional, Statutory and Regulatory body requirements.
2.2 Those programmes are the following and are referred to henceforth as “specified programmes”:
- BSc (Hons) Diagnostic Radiography,
- BSc (Hons) Nursing (Adult, Mental Health and Child),
- BSc (Hons) Occupational Therapy,
- BSc (Hons) Optometry,
- BSc (Hons) Paramedic Science,
- BSc (Hons) Physiotherapy,
- BSc (Hons)/MSc Midwifery Studies,
- BA/MA Social Work,
- MPharm Pharmacy,
- MPhysio Sport and Exercise Medicine,
- MSc/Postgraduate Diploma Physicians Associate.
3. General principles
3.1 All applicants or students who declare criminal convictions, charges or conditional discharges will be treated with dignity and respect, regardless of the type of convictions they disclose.
3.2 Information relating to the criminal convictions of an applicant or student will be treated confidentially, considered separately from academic achievements and only released to specific staff on a need to know basis.
3.3 No applicant or student will be automatically excluded from the University on the grounds that a criminal conviction, charge or conditional discharge has been declared.
4. Students and applicants on specified programmes
4.1 Successful applicants for specified programmes which involve working with children or vulnerable adults will be required to undergo a formal Disclosure and Barring Service check (DBS) at the point of admission. More information can be found on the DBS website.
4.2 Applicants and students are advised that it is their duty to disclose all information in relation to these matters at the earliest opportunity.
4.3 Failure to disclose additional convictions may have serious consequences as outlined in the Student Disciplinary Regulation and Procedure and/or Fitness to Practise Procedures which may include expulsion from the programme.
Application during the main cycle
4.4 Applicants who are made an offer for a place on a specified programme will be required, upon acceptance of that offer, to provide details of all criminal convictions, charges or conditional discharges.
4.5 Following disclosure of criminal convictions by an applicant, the University will convene a Criminal Convictions Panel hearing in accordance with the arrangements detailed in the Procedure supporting this Policy to consider the suitability of the applicant for the programme they have applied to study and whether any conditions should be put in place.
4.6 Applicants have the option to attend the panel hearing or may prefer to have the panel consider their situation without them being named or present.
4.7 In this latter situation, although the University endeavours to provide anonymity, this may not be possible if the circumstances lead to the identification of the individual concerned. Other safeguards, however, are in place to maintain the confidentiality of the individual.
Application during clearing
4.8 Due to the time constraints of processing applications during clearing, those applying for a place at the University using this route are required to declare any criminal convictions at the time of interview.
4.9 This information will only be considered if they are successful at interview and refer themselves to the University via UCAS.
4.10 At this point the arrangements outlined in 4.5-4.8 above will apply.
Disclosures after application
4.11 Following disclosure of criminal convictions by an existing student on a specified programme, the University will consider the conviction and the conduct giving rise to the conviction in accordance with the Student Disciplinary Regulations and the Fitness to Practise Procedures. This may involve convening a Fitness to Practise Panel hearing in accordance with these procedures.
4.12 Current students on specified programmes should immediately disclose any criminal convictions, charges or conditional discharges which occur during their studies to an academic staff member within their Faculty.
4.13 Returning students will also be required to make a formal online declaration each year on re-enrolment.
5. Students and applicants on non-specified programmes
5.1 Applicants for all programmes other than the specified programmes, will not be specifically required, except as may otherwise be required by law, to disclose any criminal convictions in their application for study.
5.2 Applicants, or current students may, if they desire, disclose details relating to any past convictions to the University, spent or unspent in order for support to be provided.
5.3 The University is committed to providing a supportive environment and meeting the needs of any individual who required support. Students or applicants may disclose at any point during admission or study and experienced staff will work with the person making the disclosure to agree what support can be put in place.
5.4 Disclosure can be made to anyone in a pastoral role at the University including, but not limited to:
- admissions officers,
- the Counselling Service,
- personal academic tutors,
- study coaches,
- disability advisors,
- international advisors,
- the student life team.
Each of whom will provide the student with details of appropriate support available through the University.
Support is also available via the students’ union.
5.5 Where an existing student receives a criminal conviction while on their course of study, this student must notify the University of this fact. The University will consider the conviction and the conduct giving rise to the conviction in accordance with the Student Disciplinary Regulations.
6. Appeals
6.1 Applicants may appeal against an admissions decision, under the Regulations Governing Appeals and Complaints against an Aspect of their Admissions Process.
6.2 Current students who wish to appeal against a decision made by the Fitness to Practice Panel or through the Student Disciplinary Regulation and Procedure should follow the appeal procedures outlined in these policies.
7. Monitoring and Review
7.1 This Policy shall be reviewed on an annual basis.
8. Related Policies and Standards
8.1 Procedure supporting the Applicant and Student Criminal Convictions Disclosure Policy
8.2 Disclosure and Barring Service
8.3 Student Disciplinary Regulation and Procedure
8.4 Fitness to Practise Procedures
8.5 Regulations Governing Appeals and Complaints against an Aspect of their Admissions Process
| Policy Name: | Applicant and Student Criminal Conviction Policy |
|---|---|
| Owner: | Director of External Affairs; University Secretary |
| Author: | Assistant Head (Risk and Information Governance), Legal and Governance |
| Approved by: | Senate |
| Date of Approval of this Version: | 22 January 2020 |
| Next Review Date: | 20 January 2021 |
| Version Number: | 3.1 |
| Applicable Statutory, Legal or National Best Practice Requirements: | |
| Equality Impact Assessment Completion Date: | 1 November 2019 |
| Data Protection Impact Assessment Completion Date: | 22 January 2020 |