Criminal Convictions Policy and Procedures for Applicants and Registered Students

Approved by: Senate May 2016

Updated: May 2016

Review Date: May 2017

Responsibility: Admissions Sub-Committee

Policy Statement

Glasgow Caledonian University is committed to providing a rewarding Higher Education opportunity and experience to applicants with the potential to benefit from, and contribute to the GCU experience, mission and values. The university is committed to delivering a high quality service to all applicants to our undergraduate and postgraduate programmes that is welcoming, efficient and fair. The University is committed to increasing opportunities for widening access, social inclusion and providing opportunities to students from disadvantaged backgrounds.

Aims:

This policy aims to ensure that no prospective applicant or registered student is disadvantaged by declaring a criminal conviction and is treated fairly and transparently throughout the admissions process and their studies.

The University has a duty of care to ensure the safety of its students, staff, visitors and service users and this policy aims to ensure that any decision regarding the admissions of an applicant or registered student declaring a criminal conviction takes account of this duty of care. The University will seek information from all applicants and students on any declared criminal convictions which will then be considered by the Head of Operations, Directorate of Global Engagement, in the first instance.

At all times use of this data will be in accordance with the requirements of the Data Protection Act 1998.

  1. Disclosure of Criminal Conviction

The University requires all applicants to declare all relevant criminal convictions (see Appendix A) on application, both through UCAS and direct applications to the University. Convictions that are spent (as defined by the Rehabilitation of Offenders Act 1974) are not considered to be relevant and are not required to be disclosed unless the professional requirements of the programme require disclosure.

Where an applicant has failed to disclose a relevant criminal conviction(s) their application may be deemed to be fraudulent. The application may be rejected as a result of anynon-disclosure. The University may report this to any relevant external admissions body, such as UCAS.

  1. Procedure for Programmes not requiring disclosure

2.1.Applicants

On receipt of an application where a relevant criminal conviction has been declared, the application will initially be assessed against academic and other standard programme entrance requirements. If the applicant does not meet the entrance requirements of the programme a reject decision will be processed in the normal manner. If the applicant is deemed to be eligible to receive an offer for the programme, the application will be put on hold and the Admissions Office will request further information on the nature of the relevant criminal conviction(s), see Appendix B.

On receipt of the response from the applicant the Head of Operations, Directorate of Global Engagement will make a detailed assessment. This assessment will normally be done within 5 working days of receipt of the response. If required, the Head of Operations, Directorate of Global Engagement will seek further information surrounding the nature of the relevant criminal conviction(s). If the relevant criminal conviction has not resulted in a custodial sentence, community service or a fine exceeding £1000, the Head of Operations will consider the nature of the offence and if it is determined that there is no or low risk to students, staff or visitors identified in the information provided, the relevant academic offer will be released.

In all other cases, the matter will be referred to the Criminal Convictions Panel for consideration, seeking other expert advice, if necessary. The panel will assess the risk in relation to the relevant criminal conviction by using a scale of low, medium and high.

  1. Criminal Convictions Panel

The Criminal Convictions Panel (CCP) will consist of:

  • Head of Operations, Directorate of Global Engagement (Chair)
  • Relevant Head of Department
  • A representative from the Department of Governance.
  • An academic member of the Programme Team (for programmes requiring enhanced disclosure only)

The CCP may request additional information from the applicant and/or a relevant third party such as a probation office or social worker. The case will be considered by the panel taking into consideration:

  • The individual circumstances of the case
  • The University’s duty of care to staff, students and visitors
  • The suitability of the of the applicant becoming a member of the student body
  • The length of time since the offence(s) was committed
  • The likelihood of the applicant reoffending
  • Any changes in the applicants circumstances since the time of the offence
  • The requirements of the relevant professional body and/or regulatory body(for programmes requiring enhanced disclosure only)

Before making any decision, the applicant will be provided with an opportunity to make submissions to the CCP in relation to the matter being decided.

After consideration the CCP may take such action relating to the application as it considers appropriate. This includes, but is not limited to, the following actions:

  • Reject the application
  • Accept the application
  • Defer entry to the programme for a specified period of time
  • Accept the application with particular proviso(s), such as restrictions regarding accommodation or outlining specific support to be in place for the student
  • Advise the applicant to consider an alternative programme of study

The reasons supporting the decision will be recorded (see Appendix C). The applicant will be notified of the decision by the Head of Operationswithin 14 days. Where there is no objection to an offer being made, the academic decision will be processed in the normal manner.

  1. Appeals

An applicant may wish to appeal the initial decision of the CCP. Appeals should be submitted to the Director of Global Engagement and Recruitment within 14 days of the decision being communicated. Appeals can be made on the following grounds:

  • Evidence becoming available which was not available, or could not reasonably have been made available, at the time of the original decision
  • The decision was unreasonable
  • There was procedural irregularity which was prejudicial to the student

The Appeal Panel will consist of:

  • Director of Global Engagement and Recruitment (Chair)
  • Relevant Dean of School
  • A representative from the Department of Governance.

In determining any appeal, the Appeal Panel will seek submissions from the Chair of the CCP in relation to the decision being appealed, the reasons for that decision and the specific grounds of appeal claimed by the applicant.

The decision and any recommendations or advice of the Appeals Panel will be notified to the applicant by the Head of Operations.

  1. Procedure of programmes requiring enhanced disclosure

For some professionally accredited programmes, an offer to an applicant will be subject to further criminal history checks. A list of these programmes can be found in Appendix D and is reviewed annually. Importantly, for the purposes of checks for these programmes, the Rehabilitation of Offenders Act 1974 does not apply and relevant criminal convictions, unless they are considered protected convictions, will not be considered spent, pursuant to the Rehabilitation of Offenders Act (1974) (Exclusions and Exceptions) (Scotland) Order 2013.

5.1.Applicants

On receipt of an application where a criminal conviction has been declared, the application will initially be assessed against academic and other standard programme entrance requirements. If the applicant does not meet the entrance requirements of the programme a reject decision will be processed in the normal manner. If the applicant is deemed to be eligible to receive an offer for the programme, the offer will be processed subject to a satisfactory disclosure check. All applicants, whether or not they have declared a criminal conviction, are required to make an application to the Protection of Vulnerable Groups (PVG) Scheme with applicants residing outside Scotland also requiring to submit a local police check (for England & Wales: Disclosure and Barring Service (DBS)/Northern Ireland: AccessNI)

Applicants who have declared a criminal conviction and then go on to accept their offer with GCU will receive an email from the relevant academic school asking them to complete the relevant disclosure for their specific programme. Once all disclosure forms have been received they will be referred to the Criminal Convictions Panel for consideration, seeking the advice of the Chair of the Fitness to Practice Committee if required. (See section 3. Criminal Convictions Panel)

  1. Convictions after outcome of application and/or registration

If an applicant receives a relevant criminal conviction after they have submitted their application to the University or UCAS they must inform the Admissions and Enquiry Service as soon as possible.

Any registered student, including any student registered as taking time out of their studies, who has received any cautions or convictions or has any pending charges during their time as a student of the university should inform the University as soon as possible.

Registered students should contact the Academic Registrar, in the first instance, to confirm the details of relevant cautions or convictions. The Academic Registrar will then refer this matter to the relevant Dean and the Department of Governance.

Where a registered student fails to disclose a relevant conviction which is subsequently brought to the attention of the University they may be subject to disciplinary action which ultimately may lead to their expulsion from their programme of study.

When a registered student discloses a criminal conviction to the University, after initial assessment, a decision on what action should be taken will be made by the relevant Dean in consultation with the Department of Governance. Actions may include:

  • No further action is required and the student should continue on their programme of study as normal.
  • Case is referred to the Senate Disciplinary Committee for consideration underthe Code of Student Conduct Policy
  • Student is referred to the Fitness to Practise Committee (for students on programmes to which this policy applies)

Related Policies and Documents:

GCU Admissions Policy

Supporting Professionalism in Admissions (SPA)

Rehabilitation of Offenders Act (1974)

Data Protection Act 1998

GCU Code of Student Conduct

GCU Fitness toPractise Policy

Appendix A

‘Relevant criminal convictions’ for the purposes of this policyinclude convictions, cautions, admonitions, reprimands, final warnings, bind over orders or similar involving one or more of the following:

  • Any kind of violence including (but not limited to) threatening behaviour, offences concerning the intention to harm or offences which resulted in actual bodily harm.
  • Offences listed in the Sex Offences Act 2003.
  • The unlawful supply of controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking.
  • Offences involving firearms.
  • Offences involving arson.
  • Offences listed in the Terrorism Act 2006.

If your relevant criminal conviction involved an offence similar to those set out above, but was made by a court outside of Great Britain, and that conviction would not be considered as spent under the Rehabilitation of Offenders Act 1974, you should inform the University.

Warnings, penalty notices for disorder (PNDs), anti-social behaviour orders (ASBOs) or violent offender orders (VOOs) are not classed as convictions for the purpose of this section of the policy, unless you have contested a PND or breached the terms of an ASBO or VOO and this has resulted in a criminal conviction.

Please note, convictions, cautions, warnings or reprimands which are deemed ‘protected’ under the Rehabilitation of Offenders Act (1974) (Exclusions and Exceptions) (Scotland) Order 2013 (as amended in 2015) are not required to be disclosed. Guidance and criteria on the meaning of protected convictions can be found on the Disclosure Scotland website.
Appendix B

Student ID: «StudentId»

Dear «Forenames»

Thank you for your application to the «FullDescription» programme at Glasgow Caledonian University. In processing your form we note that you have declared that you have a relevant criminal conviction(s). Before making a decision on your application the University requires to establish the details of your conviction(s). Please complete the criminal convictions declaration form attached, and return it to me as quickly as possible, noting the deadline date stated below.

The information you provide will be confidential to those involved in the University’s criminal convictions evaluation process in which it seeks to exercise a duty of care towards you as an individual, as well as to students, staff and visitors. Following our consideration of the information you provide if it is deemed necessary to investigate further, for example, to undertake a criminal records disclosure, we will seek your approval to do so.

If you wish to provide the details of a third party, such as a probation officer, with whom you authorise the University to communicate about the background of your convictions and current situation please give their full name, position and contact details on the form.

At this stage, we would only consider those convictions that are not deemed to be ‘spent’. If all of your convictions are spent, or do not fall within the meaning of ‘relevant criminal convictions’ in the University’s criminal convictions policy, please indicate that on the form and return it with no further details. If you have made the declaration in error, and in fact do not have any relevant criminal convictions, please state this on the form.

As your application cannot be considered further until a reply is received please ensure that your response reaches me no later than 10 working days after the date of this email. If we do not receive any reply by this date we shall assume that you no longer wish to proceed with your application and it will be withdrawn.

Please contact me if you wish to discuss any aspect of this letter.

Yours sincerely

Julie Fisher

Head of Operations, Directorate of Global Engagement

Directorate of Global Engagement

CRIMINAL CONVICTIONS DECLARATION FORM

STUDENT ID/UCAS PID:

FULL NAME:

Please give full particulars below of any previous convictions for criminal offences that are not spent under the Rehabilitation of Offenders Act 1974 (for these purposes a criminal offence excludes motoring offences for which a fine and/or up to three penalty points were imposed). Please also give details of any cases pending (or where you have been reported for consideration of possible prosecution) concerning an alleged criminal offence.

Previous Convictions

State below in respect of each offence for which you have been convicted:

The nature and date of the offence / Name of court, date of conviction & sentence/fine imposed

Cases Pending (or for which you are under possible prosecution)

State below:

The nature of alleged offence with date(s) / Expected date & place of trial (cases pending only)

It is helpful for the University to have an understanding of the circumstances of an offence or pending case. If you would like to offer information of that nature at this stage, please provide a separate letter or statement.

If you feel it would be helpful for the University or college to obtain further information from another source such as a probation officer or social worker, please give their name, contact details and your agreement that we may contact them and seek information on your offences and on their opinion of you.

I confirm that the information given on this form is true, complete and accurate and that no information requested or other material information has been omitted.

Applicant’s signature ______Date______

Page | 1 of 16

Appendix C

Form for assessing the risk to the safety of the University’s students, staff, visitors and service users in relation to applicants who have relevant criminal convictions[1]

Name of Applicant:
UCAS PID Number:
Course Applied for: Proposed Year of Entry:
Additional Notes / Risk Assessment
Did the applicant disclose past convictions/cautions in the application form? / Yes / No / If NO, question applicant about why:
  • If mitigating circumstances then complete assessment.
  • If no mitigating circumstances, end application process if appropriate.
If YES, complete this assessment.
What was the offence?
(use additional forms if more than one offence and not sufficient space here)
RISK LEVEL IN RELATION TO QUESTIONS: / HIGH MEDIUM LOW
What was the sentence? / High
Custodial / Medium
Suspended, community, conditional discharge / Low
Warning, caution, reprimand, fine, absolute discharge
When was the offence committed? / Date: / High
In the past 3 years / Medium
Between 3 and 10 years / Low
More than 10 years before
Additional Notes / Risk Assessment
Is the type/nature of the offence directly relevant to the programme applied for?
If yes, in what way? / Yes / No / High
Yes / Medium
Some link between offence and aspects of course of study / Low
No
Is there a pattern of specific offences?
If yes, state nature of pattern: / Yes / No / High
Yes / Medium
Some instances / Low
No pattern
Has the applicant supplied additional references? / Yes / No / High
Referees declare applicant unsuitable / Medium
Referees share some reservations / Low
Referees declare applicant suitable
How do the referees rate the applicant’s suitability for attendance at GCU? / Yes / No
Does the applicant/referee offer any mitigating circumstances concerning past offence/s? / Yes / No / High
No / Medium
Some mitigating circumstances / Low
Yes
Any aggravating factors to take into account (e.g. intent/harm/exploitation/breach of trust): / What has changed since offence occurred? (e.g. treatment etc)
Applicant’s attitude towards offence/s?
Who else has been consulted about this disclosure (partner agencies/probation officer etc): / Name: Position:
Date consulted:
Reply: / Name: Position:
Date consulted:
Reply: / Name: Position:
Date consulted:
Reply:
Does the pre-sentencing report or any other official documentation provided indicate a risk of reoffending? YES  NO  / High / Medium / Low

Criminal Convictions Group – Declaration and Decision

The Group understands the University’s policy on the recruitment of applicants with criminal convictions and has recognised this in its deliberations.

On consideration of the risk assessment form and other materials submitted by the applicant and others the Group believes that the applicant should/should not be invited to proceed with the admissions process for the following reasons: