Students with criminal records: policy statement
Introduction
1. The University does not wish to debar individuals with criminal records from taking advantage of the opportunities provided by Higher Education. In general a criminal record is not be regarded as an obstacle to studying at this University. In any event, the University will not take into account, when dealing with existing students and selecting applicants for admission, criminal convictions which are deemed “spent” under the terms of the Rehabilitation of Offenders Act 1974 unless such convictions are deemed as “exceptions” under the terms of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. If spent offences are required to be disclosed this will always be indicated.
2. The University must also balance its responsibilities to provide a safe and secure environment for its staff, its students, visitors and others. In addition sometimes the University has to take into account the demands of various professional bodies and requirements under the law to protect special categories of people, e.g., children and the mentally ill.
3. The University will balance the interest of the student/applicant with its responsibilities to other people. The University does reserve the right to refuse to admit/expel students where in accordance with 5 and 6 below their criminal record makes it inappropriate for them to be admitted.
4. The University’s Schools of Medicine, Healthcare Studies and Education have their own policies. These policies reflect the specific needs of those Schools. Such policies will apply in preference to this general policy. All policies allow for a right of appeal in accordance with Section 12.
Grounds for Refusing Admission
5. The test the University will use is whether the criminal record of an applicant/student gives reasonable grounds for considering that the admission/continuation of studies of the individual: (a) poses a real threat to the safety or property of staff, students, visitors, those coming into contact with the applicant during their studies or others involved in University business; or (b) would be contrary to the law or to the requirements of any relevant professional or other regulatory body.
6. In addition to the above, where third parties are involved in the delivery of a programme, applicants/students may also have to meet the requirements of such third parties
Process
7. All applicants are required to disclose unspent (and in the circumstances mentioned above, spent) offences when applying for admission to the University. If information relating to offences is not given or is given in incomplete form, then the University reserves the right at any stage to reject the application. Applicants also agree where required to submit to additional criminal record checks.
8. Once a criminal record has been disclosed to the University by an applicant in the admissions process the application will initially be considered in the normal way alongside all other applications. The criminal record will only be considered if the applicant has achieved all other criteria that would otherwise mean that they would be admitted to the University. If the applicant would otherwise be admitted, then the relevant departmental admission tutor will review the disclosed criminal record. In many cases, the admissions tutor will then go on to seek further background information on circumstances surrounding the criminal record. In particular the admissions tutor may consider any or all of the following:
- whether the criminal record or other matter revealed is relevant to the programme on offer (including any secondments or placements);
- the seriousness of any offences;
- the number of any offences;
- whether the offences show a pattern of behaviour that seems to be recurrent and ongoing;
- whether the offences involve violence or threats of violence;
- whether the circumstances surrounding the offences were unique;
- whether the applicant’s circumstances have now changed; and
- what evidence the applicant produces to support the view that the applicant is unlikely to offend again.
9. The departmental admissions tutor may require the applicant to provide information from other third parties who may have a view on the above matters. The parties may include probation officers and others who are professionally or personally involved in the rehabilitation of or familiar with the applicant.
10. Before the departmental admissions tutor reaches a final decision she/he shall consult with one of the University’s admissions managers based in the University’s central student offices. The admissions manager shall review the case with the departmental admissions tutor. The admissions manager shall in addition try to ensure that there is consistency in treatment towards applicants across the University.
11. As soon as the admissions manager and the departmental admissions tutor have reached a decision the applicant will be advised as to whether or not their application to the University has been successful. Such confirmation shall always be in writing. If admission has not been allowed, then notification will provide a summary of the reasons why.
12. If an applicant has been denied admission then he/she may appeal to the University’s Secretary. Such appeal must be lodged in writing within 14 days of written notification by the admissions tutor that admission has been denied.
13. If a student obtains a criminal record after admission then the matter shall be dealt with under the regulations relating to general student discipline. Factors mentioned under Section 8 may again be considered.
Tel: 0113 343 3990
Fax: 0113 343 3991
Postal Address:
Dr C A G Brooks
Office of Academic Appeals and Regulation
Room 11.68, Level 11, E C Stoner Building, University of Leeds, Leeds LS2 9JT
Email: AAandR@leeds.ac.uk
Web site www.leeds.ac.uk/AAandR