Applications from Students who have a Previous Criminal Conviction

DISCLOSE OF PREVIOUS CRIMINAL CONVICTIONPROCEDUREPolicy StatementLoughborough College welcomes applications from all prospective students with themotivation to learn and the potential to succeed. The College is committed toensuring equality of opportunity for all individuals seeking a place on a programme.Loughborough College will ensure that all applications are dealt with on an individualbasis and are considered fairly in line with the following legislation: Equality Act 2010A range of other evidence will be taken into account such as a Personal Statement,References, a Record of Achievement and performance at interview. The admissionof individual applicants is, however, at the discretion of the college with due regard tothe health, safety and welfare of other members of the college’s community. Inparticular, there may be occasions where the nature of an applicant’s criminalconviction provides a potential risk to the College community or makes him/herunsuitable for the chosen programme.Disclosure of Criminal Conviction ProcedureStudent Services Manager September 2012, due for review January 2014 Page 1 of 6

to submit information to the Deputy Admissions Team Leader within 5 workingdays. The letter will state that if the student does not meet the deadline, they willbe suspended from college until the information has been submitted. This willlead to automatic withdrawal from the course after three weeks.When the student has submitted the information about their criminal conviction,an risk assessment will be carried out by the Admissions Panel. Sometimesfurther information may also be requested from the Probation Service. A riskassessment will be carried out by the Admissions Panel, and a decision made asto whether the following options will be followed: The student will remain on course The student will be temporarily suspended whilst further information is beingsought. The student will be withdrawn from the course permanently.This decision will be made based upon the risk that the student may or may notpose to themselves, other people or college property.2.5 Storage and handling of Disclosure Information and other sensitivedocumentLoughborough College complies fully with the CRB Code of Practice and withits obligations under the Data Protection Act and other relevant legislationregarding the correct handling, use, storage, retention and disposal ofDisclosure information.Disclosure information is never kept on an applicant’s file and is kept separatelyand securely with access strictly controlled. Disclosure Information is onlypassed to those who are authorised to receive it in the course of their duties andis only used for the specific purpose for which it was requested. Once a decisionhas been made in respect of disclosure, (normally within six months) theinformation is destroyed by shredding and a record confirming that asatisfactory disclosure has been received is kept on the college documentmanagement system, accessible to Student Services and Support Manager,Inclusion Officer, and Executive..The same principles and procedures will apply to correspondence anddocuments relating to convictions, including notes of panel meetings. If theapplicant does not become a student at Loughborough College, then the recordsrelating to the application will be destroyed by shredding at the end of theacademic year for which the application was made. If the applicant does becomea student at Loughborough College, then records relating to the application willbe destroyed by shredding a year after the end of the course, unless the studenthas progressed unto another Loughborough College course.A Record of panel meetings, outcomes and letters will be scanned onto thecollege document management system only accessible to the AdmissionsDeputy Team leader and Student Services and Support Manager, InclusionOfficer and Executive.2.6 Complaints and Challenges to DecisionsLoughborough College undertakes to handle applications in a fair, consistent,timely and accurate manner. However, the college recognises that occasionallyan applicant may wish to indicate concerns regarding the service she or he hasDisclosure of Criminal Conviction ProcedureStudent Services Manager September 2012, due for review January 2014 Page 4 of 6

eceived. We actively encourage applicants to contact us immediately with anyconcerns so that we can attempt to address any particular issues and continue toreview and improve our services. Where an applicant feels that the situation hasnot been resolved to their satisfaction the college’s Complaints Procedure will befollowed.Where an applicant wishes to challenge an Admissions decision, the AdmissionsAppeals Procedure will be followed.Disclosure of Criminal Conviction ProcedureStudent Services Manager September 2012, due for review January 2014 Page 5 of 6

3. Guidance for the Admissions Panel3.1 Membership of the PanelStudent Services and Support ManagerA Curriculum Manager3.2 Role of the PanelThe panel will assess the risk to fellow students and staff within the Curriculumarea and within the College community and, if appropriate, particularly the riskto children and vulnerable adults (see below). This decision will be made in thecontext of documentary evidence received. The panel will also decide, if anapplicant is to be accepted, whether other teams or bodies will need to benotified, and assess whether there is a requirement for actions to be taken prioror post enrolment in terms of supervision or monitoring the student’s access toCollege facilities.The Panel will take into account the following when considering whether or notto offer or withdraw the offer of a place: The nature of the offence. In general, convictions of sexual, violent or drugoffences will be particularly strong contra-indications for work with children. The nature of the programme applied for. Often the nature of the coursewill help to assess the relevance of the conviction. For example, serioussexual, violent, drug or drink offences would give rise to particular concern fora course which involves providing care. The age of the offence. Offences which took place many years in the pastmay often have less relevance than recent offences. However, convictions forserious violent or sexual offences or serious offences involving substanceabuse are more likely to give cause for continuing concern than an isolatedcase of dishonesty committed when the person was young. The prospect ofrehabilitation must be weighed against the need to safeguard young people.. The frequency of the offence. A series of offences over a period of time ismore likely to give cause for concern than an isolated minor offence.The Panel may seek advice and guidance from a third party in order to make itsdecision; in doing this the anonymity of the applicant will be maintained. Incases where a significant serious conviction is involved, the Principal will benotified before an applicant is allowed to proceed.The information regarding an applicant’s conviction will not be divulged to theCurriculum team unless it is deemed relevant. A successful applicant with aconviction will be advised as to which post-holders within the organisation knowof their conviction and why the information has been disclosed.The applicant will be notified in writing of the Panel’s decision.Supporting Documents Letter requesting details of Criminal Conviction(s) Letter to referee of applicant who has declared a Criminal Conviction Admissions Appeals ProcedureDisclosure of Criminal Conviction ProcedureStudent Services Manager September 2012, due for review January 2014 Page 6 of 6