Policy Statement on Applicants and Students with Criminal Convictions as at 27 April 2005
- We actively promote equality of opportunity and we are keen to encourage a diverse student population with a wide range of talents, backgrounds and experiences. Having a criminal conviction will not necessarily prevent you from gaining admission or re-admission to the University of Bath. In reaching decisions on those with criminal convictions, the University will consider not only its own responsibilities and duties but also the safety and well-being of the individual and its ability to provide any appropriate support arrangements.
- Applicants for places on most undergraduate or postgraduate programmes will be asked to declare any relevant criminal convictions on their UCAS or University application form. This requirement will only be waived where programmes are of short duration and/or do not involve regular attendance on campus (e.g. Lifelong Learning short courses, CPD programmes, some distance learning or company-dedicated provision).
- Relevant convictions are currently defined as:
“Those convictions for offences against the person, whether of a violent or sexual nature, and convictions for offences involving unlawfully supplying controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking.
Unless the nature of the programme of study requires us to ask questions about your entire criminal record, you are not required to tell us about ‘spent’ convictions as defined in the Rehabilitation of Offenders Act 1974. Please note that custodial sentences of more than two and a half years can never become ‘spent’.
Applicants or students sometimes voluntarily bring information about convictions in relation to other types of offence to our notice. Under these circumstances the University reserves the right to consider whether admission or re-admission carries any risks relating to the factors set out in section 6.
- Applicants for places on teaching and social work programmes, some health programmes, or any programme involving work with children or vulnerable adults must declare any conviction including those which are spent and including cautions (verbal or written) and bind-over orders.
- For new applicants, if you indicate that you have a conviction, we will not take this any further until your application has been considered on academic grounds. Our primary selection criteria are those related to the qualifications, skills, abilities and personal qualities you have to offer your chosen programme of study. For Bath students seeking re-admission following a criminal conviction and suspension of study, consideration will depend on your academic department recommending that you continue your programme.
- If our Admissions Tutor/Director of Studies decides that s/he would like to offer you a place or re-admit you, we will then ask you to provide further details on the nature of your offence. We will need an independent account of your offence. A Criminal Records Bureau check may be sufficient for this. More details are available from www.crb.gov.uk. Alternatively, we may request a pre-sentence report or other statement from your legal advisors. We may also ask you for a personal statement on the circumstances surrounding your conviction and for supporting information from a probation officer or other person in authority and connected with your case.
- The University’s main concerns in respect of applicants with criminal convictions are to:
- Ensure the safety and well-being of staff, students, visitors and others using our services or facilities
- Protect the University’s reputation and public standing
- Carry out our legal responsibilities and duties
Any admissions decision will be taken in the light of a risk assessment against these criteria. The University reserves the right to consider any significant risks to University property if these are linked to any convictions disclosed as a requirement or voluntarily.
- The University requests that any information on offences, or any Disclosure documents, be sent under separate, confidential cover, to the Senior Assistant Registrar (Recruitment and Admissions), The Registry, University of Bath, BA2 7AY. We guarantee that this information will only be seen by those who need to consider it as part of our admissions process and that it will not be retained longer than is necessary for the purpose of admission.
- We ensure that all those at the University who are involved in the admissions process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation such as the Rehabilitation of Offenders Act 1974.
- If you have declared or disclosed a relevant conviction to us and our Admissions Tutor/Director of Studies wants to admit or re-admit you on academic grounds, your case will be considered initially by the Senior Assistant Registrar (Recruitment and Admissions) and, if necessary, the Academic Registrar. If the case is straightforward, an offer to you may be approved at this stage. If the case requires further consideration, it will be referred to a Standing Committee on the Admission of Students with Criminal Convictions. A decision to refuse an application for admission because of a criminal conviction can only be taken by the Standing Committee. If your case is heard by the Standing Committee, you will have the right to make representations to it in person and to receive feedback on its deliberations. The Committee will ensure that an open and measured discussion takes place on the subject of the offence and on any other matters relevant to the case. Failure to reveal information that is directly relevant to the case before or during the Committee meeting could lead to the withdrawal of any subsequent offer of a place or to the termination of any subsequent registration.
- If you have a conviction and the Standing Committee, on behalf of the University, refuses to offer you a place, you have the right to appeal to the Vice-Chancellor. Appeals must be registered by writing to the Vice-Chancellor within 14 days of receiving written notice of the outcome of a hearing.
