University of Sunderland

Admissions Code of Practice for applicants declaring a

criminal conviction
February 2002 (updated 06/07)
1.

Introduction

1.1

Since September 1998 UCAS have asked applicants to indicate on their

UCAS application form as to whether they have any criminal
convictions, and the University now asks the same question on all nonUCAS forms.

1.2

The information regarding an applicants declaration is only

communicated via the paper application (i.e., not electronically) and
therefore the University must check the form for this information and
then act as appropriate upon the information given.

1.3

Vetting procedures are already in place for certain programmes within

the University, namely teacher education, social work, community and
youth work, nursing and career guidance. These procedures are
unchanged by this new procedure, and will continue in place of this
new procedure in the areas to which they apply. For those programmes
which have admissions procedures which are not managed by the
Admissions Office (e.g short courses), this process applies, with a
nominated person from the relevant area acting in place of the
Admissions Manager up to point 3.6 of this procedure.

2.

Principles

2.1

The aim of the Universitys applications process is to select students

who have the ability to benefit from the course they apply for, and who
will make a contribution to the University community. This process
takes place within the context of the Universitys Equal Opportunities
Policy and the Universitys policy of extending opportunities for Higher
Education study as laid out within the Strategic Plan. However, it is
important that the University achieves these aims without prejudice to
the safety and well-being of other members of the university
community, and there will be occasions when this has to be placed
ahead of all other considerations.

2.2

The procedures outlined below are intended to provide a mechanism to

ensure that the well-being of the University community is secured so
far as is possible without prejudice to its principles of extending access
and widening participation, by ensuring that an application from an
person with criminal convictions is fully considered in the light of
those convictions before admission takes place, in order to determine

whether the admission of that applicant could constitute a threat to the

safety and security of the Universitys students, staff, visitors or
property.
2.4

All information regarding an applicants criminal convictions is to be

regarded as highly confidential. However, it may be necessary for the
effective discharge of the process for information to be disclosed to
relevant parties within the institution.

2.5

The procedure relates to all applications, both UCAS and non-UCAS, to

those students who have had an agreed leave of absence in excess of
two years, and to those students who have had an unagreed leave of
absence of a year or more.

2.6

The procedure seeks to identify those students who could pose a risk to
the University community. A formal judgement will need to be made
on all students with a conviction which resulted in a custodial
sentence, and those students with repeat convictions which
demonstrate a pattern of offending. Particular attention will be paid to
crimes of violence and crimes against the person, theft, drug-related
crime and sexual offences. Exceptional decisions may always be made
to identify a student as posing a potential risk and requiring further
consideration by the University even though the students conviction
may fall outside these categories listed.

3.

Process

3.1

Application forms are received by the Admissions Office. The relevant

section of the form is checked.

3.2

If an applicant declares no criminal conviction, the application

proceeds as normal.

3.3

If the applicant does not complete this section of the form, their
application is flagged. It then proceeds through the normal academic
decision-making process. If it is decided to make an offer of a place the
applicant is sent a copy of letter RA-CRIMB (Appendix 1) asking them
for further information and informing them that their application
cannot be responded to until this information is received. If there is
no response to this request, the application will be rejected.

3.4

Any application where a conviction is declared, either initially, or as a

result of step 3 above, is flagged. The application then proceeds
through the normal academic decision-making process. If it is decided
to make an offer of a place the applicant is sent a copy of letter RACRIMD (Appendix 2), asking them for further information with regard
to their convictions, and informing them that their application cannot
be responded to until this is received. Letter RA-CRIMD also sets out
the principles under which this process operates, addresses the issue of
spent convictions, and assures the applicant of confidentiality.

3.5

If, on the basis of the evidence returned, the Admissons Manager

determines that the conviction is spent under the provisions of the
Rehabilitation of Offenders Act (1974), or that it does not constitute a
risk as defined in 2.6, and that there is no other exceptional reason for
passing the case to the Applications Review Panel, then the application
process is proceeded with as normal.

3.6

If the conviction is deemed to constitute a potential risk as defined in

2.6 above, or if it should be deemed necessary for any exceptional
reason by the Admissions Manager, then the application is passed to
the Universitys Applications Review Panel.
The Applications Review Panel is constituted as follows:
Assistant Director, Academic Information Services (Chair)
University Secretary or his nominee
Director, Student Recruitment and Business Partnerships (Admissions)
Admissions Manager (Secretary)

3.7

The applicant may be asked to indicate sources for relevant

information (e.g. probation or social worker reports, medical evidence
etc.) but the responsibility for a judgement on the evidence to be
requested and the process of requesting that information both lie with
the University. The applicant will not be invited to attend the meeting
of the group, and therefore all evidence must be identified in advance.

3.8

The Panel will consider each application based upon the principles
outlined in this document. The reasoning for all decisions will be
minuted. If a conviction is spent it will be disregarded unless
completion of the course involves unsupervised contact with
vulnerable persons or gives an automatic right to practice any
profession exempted under the Rehabilitation of Offenders Act.

3.9

The Panel will make a decision, which may be to allow the application
to proceed, to refuse the application of any individual or in exceptional
circumstances to lay down such conditions as it thinks fit for the
admission of an individual.

3.10

If a decision is taken to proceed with an application, this will be

forwarded to the Applications Unit so that an offer will be made,
accompanied if necessary by a letter RA-CRIMCLR (Appendix 3)
detailing possible implications for future professsional status (see 4
below). If a decision is taken not to proceed with an application, this
will be forwarded to the Applications Unit for a rejection decision to be
made.

3.11

In certain cases where a decision to refuse an application is made an

appeal can be made to the Vice-Chancellor via a written submission to
the Secretary of the Applications Review Panel within 14 days of the

notification of the decision. An appeal will normally be accepted for

consideration only where the applicant submits new evidence or
information which was not available to the Panel at the time it made its
decision.
4.

Professional status

4.1

Certain degrees lead to accreditation/recognition by professional

bodies. Criminal convictions may have an impact upon whether or not
registration/accreditation/qualified status will be granted, regardless of
the Universitys decision on admission. It is essential that in these
cases that an applicant with criminal convictions who is made an offer
of a place on these programmes also receives a standard letter RACRIMCLR which draws the applicants attention to this issue, and
which strongly counsels them to approach the professional body
regarding this before accepting any offer of admission to a programme.

5.

Secure Storage, handling, use, retention and disposal of

disclosures and disclosure information

5.1

The University of Sunderland complies fully with the CRB code of

practice regarding the secure storage, handling, use, retention and
disposal of disclosures and disclosure information.
Storage of the above mentioned documents and, any related
information, are currently held in a locked cabinet in Student
Recruitment and Business Partnerships Admissions Offices
storeroom. The storeroom is locked when not in use and access to the
storeroom and CRB cabinet is only by keys held by the Admissions
Manager and Senior Admissions Administrator.

RA-CRIMB

Appendix 1

<<STU_TITL.STU&W>> <<STU_INIT.STU>> <<STU_NAME.STU&EL>>

<<STU_CAD1.STU&W&A>><<STU_CAD2.STU&W&A>><<STU_CAD3.ST
U&W&A>><<STU_CAD4.STU&W&A>><<STU_CAD5.STU&W&A>><<STU
_CAPC.STU&A>>
<ALIGN=R>
Applicant No: <<APF_UCID.APF>>
Ref: CRMB/<<USR_CODE.USR>>
Date: <<GSL_PRTD.GSL>>
<ALIGN=L>
<INDENT=2>
Dear <<STU_FUSD.STU&W>>
Thank you for your application to the University of Sunderland. We have
noticed that on receipt of your application form you have not completed the
section relating to Criminal Conviction.
Please note that the instructions for completing the form state:
"You are required to declare if you have been convicted of a criminal offence
excluding motoring offences for which a fine and/or three penalty points were
imposed or a spent sentence".
In order to process your application I would be grateful if you could inform us
in writing as to your declaration. If you are declaring a criminal offence please
also provide details of the conviction and nature of the offence. This
information will be treated with the strictest confidence.
Please contact me if you wish to discuss the matter further.
Yours sincerely
<COLUMN=IL>
<IMAGE=s:\Carly\Edith.bmp>
<COLUMN=END>
<INDENT=2>
Edith Wilson
Admissions Manager

RA-CRIMD

Appendix 2

<STU_TITL.STU&W>> <<STU_INIT.STU>> <<STU_NAME.STU&EL>>

<<STU_CAD1.STU&W&A>><<STU_CAD2.STU&W&A>><<STU_CAD3.ST
U&W&A>><<STU_CAD4.STU&W&A>><<STU_CAD5.STU&W&A>><<STU
_CAPC.STU&A>>
<ALIGN=R>
Applicant No: <<APF_UCID.APF>>
Ref: CRMD/<<USR_CODE.USR>>
Date: <<GSL_PRTD.GSL>>
<ALIGN=L>
<INDENT=2>
Dear <<STU_FUSD.STU&W>>
Thank you for your application to the University of Sunderland.
We have noticed that on receipt of your application form that you have
declared a criminal conviction.
In order to process your application I would be grateful if you could provide
us, in writing, with details of the conviction and nature of the offence.
As an organisation using the Disclosure service we must comply with the
Criminal Records Bureau code of practice, which is there to make sure the
whole process works fairly and that any information revealed is treated fairly
and securely. This means that any personal information that you submit to
me will be protected.
Under the provisions of the code, sensitive personal information will be
handled and stored appropriately and will be kept for only as long as it is
necessary.
Please contact me if you wish to discuss the matter further.
Yours sincerely
<COLUMN=IL>
<IMAGE=s:\Carly\Edith.bmp>
<COLUMN=END>
<INDENT=2>

Edith Wilson
Admissions Manager

RA-CRIMCLR

Appendix 3

<<STU_TITL.STU&W>> <<STU_INIT.STU>> <<STU_NAME.STU&EL>>

<<STU_CAD1.STU&W&A>><<STU_CAD2.STU&W&A>><<STU_CAD3.ST
U&W&A>><<STU_CAD4.STU&W&A>><<STU_CAD5.STU&W&A>><<STU
_CAPC.STU&A>>
<ALIGN=R>
Applicant No: <<APF_UCID.APF>>
Ref: CRMD/<<USR_CODE.USR>>
Date: <<GSL_PRTD.GSL>>
<ALIGN=L>
<INDENT=2>
Dear <<STU_FUSD.STU&W>>
Thank you for the information supplied regarding your declared criminal
conviction.
I am pleased to inform you that the Application Review Panel at The
University of Sunderland has agreed that your application to study at The
University can proceed.
I would however strongly recommend that regardless of the University's
decision on admission, you should ensure that your criminal convictions do
not impact upon whether or not registration/accreditation/qualified status of
a professional body will be granted to you in the future.
Please contact me if you wish to discuss the matter further.
Yours sincerely
<COLUMN=IL>
<IMAGE=s:\Carly\Edith.bmp>
<COLUMN=END>
<INDENT=2>
Edith Wilson
Admissions Manager