1 Scope of the Policy
1.1 This policy is to enable the University to consider applications from those who have declared convictions (including cautions, reprimands or warnings) on their application form. It should be considered alongside the University’s Admissions Policy.
1.2 Applicants to courses which lead to professional registration are required to apply for an enhanced disclosure with the Disclosure and Barring Service (DBS) and any convictions will be considered under the DBS Screening Regulations. Applicants who do not reside in the UK, or applicants who have lived outside of the UK for 6 months or more within the last 5 years, will also need to provide police/criminal record checks from the relevant country/countries.
1.3 Students who are convicted of a criminal offence following their admission to the University will be considered under the Student Conduct Procedure
1.4 When considering admission for professional courses where a Disclosure and Barring (DBS) check is required, all convictions are relevant including those that are spent. For all other courses, the University will only review unspent convictions.
2. Policy statement on the admission and continued registration of applicants and students with criminal convictions
2.1 St Mary’s University (hereafter, referred to as the University) wishes to ensure that higher education is available to all who will benefit from it. In this context, having a criminal record will not necessarily mean that an applicant cannot be admitted or a student continue on their course.
2.2 All criminal convictions (including cautions, reprimands or warnings) are considered in the context of the Rehabilitation of Offenders Act (1974) and the University will only consider relevant convictions. Relevant convictions include, but are not limited to, offences that are violent, sexual or include dishonesty and/or fraud.
2.3 The University must balance fairness with its responsibilities to provide a safe and secure environment for its staff, its students, visitors and others. The University will balance the interest of the student/applicant with its responsibilities to the wider university community. When a student has applied for a subject area which confers a license to practice (such as Law, Teacher Training, Sports Coaching, MBBS, etc.), account must also be taken of the requirements of the professional bodies and the wider public.
2.4 In considering whether to make an offer, account will be taken of the applicant’s qualifications, experience, and overall profile. The University will also consider whether the criminal record of an applicant gives reasonable grounds for considering that the admission of the individual poses a real threat to the safety or property of staff, students, patients, the public, visitors or others involved in University business. The University reserves the right to refuse to admit where it believes that their criminal record makes it inappropriate for them to be admitted/attend.
2.5 The University reserves the right to refuse to admit students where it believes that their admittance:
- Is contrary to the interests of the University or the safety, wellbeing or property of members of the University community
and/or
- Their criminal record it makes it inappropriate for them to be admitted.
2.6 When considering admission for professional courses where a Disclosure and Barring (DBS) check is required, all convictions are relevant including those that are spent. For all other courses, the University will only review unspent convictions.
2.7 The University reserves the right to decline to admit an applicant to a course, or withdraw the student, if it discovers at any time that the application was based on, or contained, false, incomplete, or misleading information relating to criminal convictions.
3. The Role of DBS Screening
3.1 Applicants to the courses which lead to a professional qualification and confer a license to practice listed below are required to undergo a DBS check (and, for international applicants, a criminal background records check) prior to confirmation of their offer. This list may not be exhaustive and will change as the University’s course portfolio changes over time:
- All teacher training courses leading to Qualified Teacher Status (QTS)
- MSc Sports Rehabilitation
- MBBS
- BSc Physiotherapy
- MSc Physiotherapy
- MSc Occupational Therapy
3.2 Applicants will be informed via the UCAS website and other course-related information that these courses are not exempted under the Rehabilitation of Offenders Act (1974). This means that all convictions (including cautions, reprimands or warnings), whether spent or not, must be disclosed.
3.3 Applicants will be asked to disclose all information regarding criminal offences during their application. These applications will be considered under the DBS Screening Regulations.
3.4 Applicants to the LLB in Law should note that although the decision to admit a student onto the course is not subject to a DBS check, the profession is not exempt from the Rehabilitation of Offenders Act (1974) and therefore they may not be able to become a solicitor or a barrister. Applicants should seek further advice from the Law Society.
4. Requirement for disclosure at admissions
4.1 Applicants applying for relevant courses through UCAS complete a declaration on the UCAS form relating to criminal convictions. The notes provided by UCAS to assist students in completing their form provide guidance on what convictions need to be declared and for which types of courses. As outlined above, for the courses in 3.1 above which confer a license to practice, all convictions must be declared. For those on other courses, only those that are unspent must be declared.
4.2 Applicants applying directly via the University are also required to provide information relating to convictions on their University application form.
4.3 In addition to information on the application form, the University may be made aware that the applicant has a conviction through:
- The applicant informing a member of University staff during the application process
- The applicant informing a member of University staff at an interview
Staff must inform the Admissions Office of any such declaration and it will be processed as outlined below.
4.4 If applicants do not answer questions on the application form relating to criminal convictions, Admissions staff shall request this information from the applicant.
5. Process for dealing with applicants
5.1 The University will initially review the application on academic grounds. If the University does not consider that the applicant is qualified, it will not offer a place and no further action will be taken.
5.2 Where applicants who have declared a relevant conviction are academically qualified, they will be sent a form requesting the details surrounding the conviction, together with any mitigating circumstances to support the application. The applicant will also be asked to supply character reference/s, including that of a probation officer where relevant.
5.3 If the applicant fails to respond by the specified date, the application will not be processed. This date will be set taking into account any relevant UCAS deadlines for applications
5.4 If at any stage, by any means, information subsequently reveals a relevant criminal conviction that has not been previously declared, processing of the application will normally be paused.
6. Criminal convictions decisions
6.1 On receipt of the necessary information, the Admissions Office shall refer all information, including the application form, any accompanying documentation and details of the nature of the offence(s) and conviction(s), to a senior member of Admissions staff. For minor relevant offences, a decision on an offer may be made at that stage.
6.2 Relevant offences requiring further consideration will be referred to a senior academic in the relevant School.
6.3 The School will make a determination on whether an offer can be made in accordance with the criteria set out in section 2 of this policy. In arriving at a decision, they will review:
- The application form
- The applicant’s academic record
- Statement if submitted
- Character reference
- Any other supporting information submitted
6.4 The decision will be informed by the following principles to judge whether the offence(s):
- Constitute, or do not constitute, a risk to the safety and/or wellbeing of other members of the University community, placement or workplace that is inconsistent with the University’s duty of care.
- Lead, or do not lead, to the possibility of the applicant qualifying for a profession where the nature of the offence(s) disbars a person from entering that profession.
6.5 Relevant factors to the decision will be:
- Whether the criminal record has any bearing on the applicant’s suitability to be a member of the student body
- The length of time since the offence(s) was committed
- Whether the applicant has re-offended and, if so, whether there is a pattern to the re-offending;
- The circumstances surrounding the offence
- Whether the applicant’s circumstances have changed in any significant way since the time of the offence(s)
- The applicant’s explanation of the offence
- Evidence of good character submitted by the applicant or their referees
6.6 The School may make the following decisions:
- To offer a place on the course subject to other entry criteria being met;
- To offer a place on the course subject to specific conditions;
- To request further information from the applicant regarding the offence;
- Not to proceed with the application.
7. Appeals against criminal convictions decisions
7.1 The applicant has a right of appeal against decisions regarding criminal convictions. Appeals against these decisions will only be considered on the following grounds:
- They can demonstrate that the University has deviated from its own policy, procedures and practice; or
- Further information, which was not available at the time of application, is presented to the University.
7.2 The University will only normally accept an Appeal directly from the prospective student, unless a third party has the explicit consent to act on their behalf.
7.3 Applicants who feel that they have grounds for appeal should raise the matter within 10 working days of the communication of the University’s decision to the applicant.
8. Procedure for submitting an appeal
8.1 Appeal Stages 1, 2 and 3:
- Stage 1- Request for feedback or clarification: Before submitting an Appeal, a prospective student should normally contact the relevant admissions office in writing, to request feedback or to discuss their concerns.
- Stage 2- Appeal: Before submitting an Appeal, the prospective student should ensure that they have read the grounds outlined above. An Appeal should be submitted in writing to the relevant Admissions Manager.
- Stage 3- Final Review: Where the applicant remains dissatisfied with the outcome at Stage 2, they may request a review of the Stage 2 decision. A review can be requested in writing to the Director of International Engagement, Student Recruitment and Admissions. The applicant must provide clear reasons/evidence for requesting a review (for example, evidencing that information had not been in taken into account at Stage 2). The outcome of Stage 3 will be considered final and therefore the prospective student is unable to take the matter further with the University.
8.2 As a minimum guideline, an Appeal (Stage 2) should include the following information:
1. Applicant name and any relevant application reference numbers provided either by the University or third parties such as UCAS;
2. Contact details;
3. Details of the grounds for the Appeal;
4. Any further information that the prospective student feels relevant to their case.
8.3 An acknowledgement of an Appeal (Stage 2) or Review of an Appeal (Stage 3) will normally be made within five working days. The relevant Admissions Manager will investigate, in conjunction with any relevant School(s) or Department(s), and the outcome will be communicated within 10 working days from acknowledgement. If for any reason these timescales for response cannot be met, the applicant will be updated of expected timescales within the 10 working days from acknowledgement.
8.4 Where the Appeal relates to a selection decision, and is upheld, the University cannot guarantee admissions to the academic year initially requested. However, where possible, an alternative point of entry may be offered.