Applicant and Student Criminal and Conviction Policy and Procedure

All students are required to inform the University of any relevant conditional cautions, criminal convictions or pending charges/investigations during their time as a student of the University.

You are asked to inform the University at your earliest opportunity as, whilst we strive to resolve matters promptly, the process can in some cases take time to complete.

Whether you can continue with your studies depends on the nature of the caution/conviction/charges. The University will consider each case on its merits, taking a risk-based approach. The University is not seeking to replicate the role of the police and courts but does have a responsibility to the wider University community.

Under the Procedure the University may impose specific requirements on you, such as confirming you have completed any specific court required actions/probation, or that you have engaged with appropriate support services. You may also be suspended from your programme for a defined period or in some cases you may be withdrawn.

Where programmes are subject to wider checks, then any action will be considered in light of these additional requirements, for example:

  • Health programmes subject to enhanced Disclosure & Barring Service (DBS) checks
  • International students subject to existing UK immigration permissions who are applying for or studying on specific STEM programmes and who are subject to the Academic Technology Approval Scheme (ATAS).

Where they are considered relevant, such matters may also be referred under the Student Misconduct Procedure or to the Fitness to Practice Procedure.

If the University becomes aware of criminal caution/conviction/charges which have not been declared, then the failure to volunteer the information may be taken as a factor when reaching an outcome through the Procedure. Students in such situations may also be referred under the Student Misconduct Procedure or to the Fitness to Practice Procedure; under these procedures failure to declare will be considered an aggravating factor.

Cooperation with the University

Students who fail to respond to requests for information regarding disclosed convictions may be suspended and will be unable to resume their studies until the information is received and considered by the University.

Students in such situations may also be referred under the Student Disciplinary Procedure or to the Fitness to Practice Procedure; under these procedures failure to cooperate with the University will be considered an aggravating factor.

Sentencing

Depending on the nature of the conviction following consideration under this Procedure you may be able to take an Interruption of Studies after being sentenced. Should this not be possible, for example due to the length of the custodial sentence, then you may be withdrawn from the programme and be required to re-apply once the custodial sentence is completed.

Outcome

You are asked to inform the University at your earliest opportunity as, whilst we strive to resolve matters promptly, the process can in some cases take time to complete. This will depend on the nature of the concerns raised, the availability of evidence and whether external processes are involved. We will seek to resolve all matters promptly. Cases involving matters still being considered by police, criminal or civil procedures, including professional body procedures, may be put on hold until those external proceedings are completed.

As the student whose case has been considered, you have the right to appeal against a decision taken by a panel, as long as the appeal is submitted on one of the three grounds set out in the Procedure and within the timescale allowed (seven working days of the formal notification of the outcome).

Third parties cannot challenge decisions made through this Procedure.

Further action

There are no further stages in this University Procedure however, the Office of the Independent Adjudicator (OIA) provides an independent scheme for the review of student complaints.  Further information can be found at www.oiahe.org.uk.

Advice