Title: Declaration of Criminal Convictions Student Risk Assessment Procedure

Transcription

1 Title: Declaration of Criminal Convictions Student Risk Assessment Procedure Document Type: Procedure Location: Policies, Procedures and Guidelines Version: 5.0 Publication date: August 2016 Author: Student Services Approved by: Head of Student Support Last updated: August 2016 Review date: August 2017

2 A-2 Student Procedure - Declaration of Criminal convictions This Procedure applies to all new applicants and existing students of Southampton Solent University. Introduction 1. The University aims to provide a supportive and positive environment for work and study. 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 new applicants and existing University students are required to declare any unspent criminal convictions or pending court cases for violent, sexual, drug related or other serious offences which may pose a risk to the University, its staff or student community. 3. In accordance with the 1974 Rehabilitation of Offenders Act, the following guidelines and procedures should be followed by all new applicants and existing students declaring a criminal conviction that has not been spent (note, 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 Support. 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 5. 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. New applicants and existing students 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: i. Medical practitioners, barristers, solicitors, accountants, dentists, veterinary, surgeons, nurses, midwives, opticians, pharmacists, osteopaths and chiropractors, social workers, teachers ii. 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 iii. Unit trust managers, managers of nursing homes.

3 6. The outcome of an Enhanced DBS check could impact adversely upon the ability of a new applicant or existing student to complete their course. Further information on the courses affected may be sought from the University Prospectus or relevant School. Warsash Maritime Academy 7. 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, places an obligation on sponsoring companies to inform them of criminal convictions that are not spent. In admitting students to courses, the criteria outlined in paragraph 8 will be applied with the Customer Services Manager discharging the function in relation to applicants declaring criminal convictions. Procedures 8. On receipt of an application confirming a criminal conviction, admissions staff will send a declaration form to the applicant that will be returned direct to the University s Deputy Head of Student Support for processing. A panel will be convened to determine if an offer can be made to the applicant. This decision involves consideration of the University s duty of care to staff and students and its commitment to individual human rights, the 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 and in a fair and equitable manner. 9. Should admissions staff wish to make an offer to an applicant who has declared a criminal conviction, the offer will be held until approval to proceed has been given by the Deputy Head of Student Support. 10. Where it is decided that an offer cannot be made on the basis of the criminal conviction declared, the applicant will be notified in writing and will be made aware of the appeals procedure. 11. 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-line declaration form with instructions to return this to the Deputy Head of Student Support. 12. 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 Director of School will liaise with the Deputy Head of Student Support in order to resolve the issue (note, this procedure will also be followed as per paragraph 10.)

4 13. On receipt of the completed declaration form, the Deputy Head of Student Support will begin the procedure for dealing with applicants or students with criminal convictions. Stage The Deputy Head of Student Support will establish if the offence is spent and/or relevant. Minor offences such as motoring offences will be disregarded at this stage and the application will be progressed. Stage 2. Criminal Convictions Panel 15. If a conviction is thought to be relevant and not spent (see paragraph 14), the Deputy Head of Student Support will proceed to stage 2. The Deputy Head of Student Support will set up a Criminal Convictions Panel of relevant staff and provide advice the conviction. The Criminal Convictions Panel will comprise of the following: i. Head of School (or an appropriate representative) ii. The Student Achievement Officer (SAO) of the relevant School iii. Head of Student Support. 16. The Criminal Convictions Panel has responsibility for deciding if an offer may be made to an applicant who has declared a relevant criminal conviction and in the case of a student, for deciding if a student can continue on their course. This decision involves consideration of the University s duty of care to staff and students; and its commitment to an individual s 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 Criminal Convictions Panel will treat all applicants and students in a fair and equitable manner. The following factors will also be taken into consideration in order to consider risk: i. The nature of the offence and if this has any bearing on the applicant or student s suitability to be a member of the student body (e.g. violent, sexual or drug related crimes) ii. The length of time since the offence was committed iii. The age of the applicant or student when the offence was committed iv. If there has been a history of repeat offending v. Any mitigating circumstances which significantly impacted upon the applicant or student at the time the offence was committed. 17. The Deputy Head of Student Support will have responsibility for giving advice on the nature of the offence and for obtaining supporting information from authorities identified by the applicant or student. 18. The Criminal Convictions Panel will be able to take the following actions: i. Refuse the application on the basis that the risk posed to students and staff is significant and cannot be properly managed; ii. Refuse to allow the student to continue on their course on the basis that the risk posed is significant and cannot be properly managed;

5 iii. Unconditionally accept the application or allow the student to continue their studies. iv. Establish certain conditions in order to manage an acceptable level of risk e.g. that the applicant or student does not live in University halls of residence. 19. In such circumstances as when a condition is required, the applicant or student will be notified in writing and will be required to accept the conditions in writing. The applicant or student will also be made aware that certain members of the University community may need to be informed in order to enforce such conditions, e.g. the University Estates and Facilities Service staff. 20. When 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. In the case of an existing student they will not be allowed to re-enrol or they will be withdrawn from their course. 21. The Criminal Convictions Panel may also defer a decision where it is felt that more information is required in order to conclude the decision-making process. In such circumstances, the Deputy Head of Student Support will be tasked with gathering further information including contacting the applicant or student in the first instance. The Deputy Head of Student Support and the Criminal Convictions Panel will endeavour to keep any delay to a minimum throughout the procedure. Appeals 22. An Applicant may appeal against the decision of the Criminal Convictions Panel as follows: i. Where an applicant has been rejected or a student has not been able to reenrol or has been withdrawn or ii. Where an offer has been made subject to a condition and the applicant or student feels that the condition is unfair or disproportionate. 23. The applicant or student should appeal in writing against the decision within 10 working days of receipt of the Criminal Convictions Panel s decision and should establish the grounds of their appeal providing any further evidence that they wish to be considered. Stage 3 (Appeals): 24. At this Stage the Appeal Panel will be comprised of the original Criminal Convictions Panel (see paragraph 15 above), which will have an opportunity to reconsider its decision in the light of further information. The Panel will have the following options available: i. To overturn the original decision and make an offer ii. To overturn the original decision and make an offer subject to certain conditions iii. To reduce or amend conditions iv. To uphold the original decision

6 25. The applicant or student will be notified of the Criminal Convictions Panel s decision in writing a soon as possible. In cases other than when the original decision has been overturned, the applicant or student should also be made aware of the Stage 4 (Final Appeals Panel) of the Procedure. Stage 4 (Final Appeal Panel): 26. Applicants will have the opportunity to pursue a Stage 4 Final Appeal. This Stage 4 Final Appeal Panel will be comprised of appropriate senior members of staff who have not previously been involved in the original decision making process and will involve a meeting of the new Panel. The Deputy Head of Student Support will be responsible for setting up and providing advice to the Final Appeal Panel. The Final Appeal Panel will be comprised of the following staff: A Dean or Director of Professional Service as Chair of the Panel Student Achievement Manager Head of Professional Service 27. The applicant or student will be invited, by the Deputy Head of Student Support to attend the Stage 4 Final Appeals Panel giving them an opportunity to make their appeal in person. The applicant or student will have the opportunity to be accompanied by a family member or friend. The applicant or student should provide details of this companion to the Chair of the Final Appeal Panel within 5 days of the hearing date. 28. Where the applicant or student does not wish to attend in person written representation may be provided. Written representations and further evidence must be provided within 5 working days of the hearing date. 29. The applicant or student will be given 10 working days notice of the hearing date. The applicant or student may seek to have the hearing date changed in cases where they can show good cause (e.g. work commitments, previous engagements etc.) 30. The applicant or student should notify the Deputy Head of Student Support of the reasons for their non-attendance if they wish to request a new hearing date; and an alternative mutually convenient date will be arranged as soon as possible. However, if the Chair of the Panel does not accept the reasons given or the applicant or student does not respond, the hearing will take place in their absence. 31. The findings of the Stage 3 Appeal and the original decision of the Criminal Convictions Panel will be presented to the Final Appeal Panel by the Deputy Head of Student Support. The Chair of the Panel will notify the applicant or student in writing within 5 working days of the decision of the Final Appeal Panel meeting.

7 Declaration of Criminal Convictions Name: Address: Course: School: 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, and 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. 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: i. Medical practitioners, barristers, solicitors, accountants, dentists, veterinary, surgeons, nurses, midwives, opticians, pharmacists, osteopaths and chiropractors, social workers, teachers ii. 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 iii. 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 DBS check; therefore it is 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 Support. 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 Support