Common use of Criminal Convictions Clause in Contracts

Criminal Convictions. 4.1 You are required to adhere to University Centre Colchester’s policy in respect of students’ and potential students’ past criminal convictions, which can be found in the UCC Recruitment and Admissions Policy at xxxxx://xxx.xxxxxxxxxx.xx.xx/ucc/ucc- policies-and-procedures/ 4.2 You are required to disclose all “unexpired” criminal convictions at the time of your application to University Centre Colchester at the time of your application, and to notify Colchester Institute immediately of any convictions that occur whilst you are registered as a student at University Centre Colchester in accordance with Colchester Institutes policy. An explanation of what an “unexpired” conviction is can be found at: xxxxx://xxx.xxx.xx/government/publications/new-guidance-on-the-rehabilitation-of- offenders-act-1974 4.3 Some courses are exempt from the Rehabilitation of Offenders Act 1974 and those offered a place of study when asked, must declare any criminal convictions or cautions they may have, and will be required to secure a satisfactory disclosure from the Disclosure and Barring Service (DBS). Such disclosures are usually sought because the relevant professional body requires it or that Colchester Institute and/or the organisation with which it arranges placements may have identified a potential level of exposure to children or vulnerable adults which makes such a check appropriate. In such cases your offer will make clear that it is subject to a satisfactory DBS disclosure. 4.4 If your offer of a place is dependent on provision of an enhanced Disclosure and Barring Service (DBS), please note that the offer will only be applicable once the check has been undertaken satisfactorily, and you have presented your certificate to UCC. 4.5 If your DBS certificate discloses any content of concern, your place on the course will be determined by a Colchester Institute Review Panel. This review may result on your removal from the programme. 4.6 Colchester Institute at its absolute discretion may withdraw an offer or terminate your registration with University Centre Colchester, for any failure to comply with paragraphs 4.1 4.5. If you consider that the grounds on which Colchester Institute has decided to refuse you permission to register were wrong you may lodge an appeal or complaint in accordance with the relevant appeals or complaints policy. 4.7 As set out above in paragraphs 4.1 to 4.3 all applicants will be asked to declare if they have any pending or criminal convictions or cautions when they register for their programme of study. All students are then required to inform UCC of any further pending prosecutions or convictions after registration and whilst on a course at UCC. All disclosures will be processed through Colchester Institute’s Criminal Convictions policy. 4.8 Following the hearing of a review panel, UCC reserves the right to refuse entry to any potential student and to terminate the registration of any student with a criminal conviction if it considers that admitting or re-admitting the student may jeopardise the security, safety or reputation of UCC or its community, or where a professional body requirements related to course-specific regulations apply.

Criminal Convictions. 4.1 You are required to adhere to University Centre Colchester’s policy in respect of students’ and potential students’ past criminal convictions, which can be found in the UCC Recruitment and Admissions Policy at xxxxx://xxx.xxxxxxxxxx.xx.xx/ucc/ucc- policies-and-procedures/ 4.2 You are required to disclose all “unexpired” criminal convictions at the time of your application to University Centre Colchester at the time of your application, and to notify Colchester Institute immediately of any convictions that occur whilst you are registered as a student at University Centre Colchester in accordance with Colchester Institutes policy. An explanation of what an “unexpired” conviction is can be found at: xxxxx://xxx.xxx.xx/government/publications/new-guidance-on-the-rehabilitation-of- offenders-act-1974 4.3 Some courses are exempt from the Rehabilitation of Offenders Act 1974 and those offered a place of study when asked, must declare any criminal convictions or cautions they may have, and will be required to secure a satisfactory disclosure from the Disclosure and Barring Service (DBS). Such disclosures are usually sought because the relevant professional body requires it or that Colchester Institute and/or the organisation with which it arranges placements may have identified a potential level of exposure to children or vulnerable adults which makes such a check appropriate. In such cases your offer will make clear that it is subject to a satisfactory DBS disclosure. 4.4 If your offer of a place is dependent on provision of an enhanced Disclosure and Barring Service (DBS), please note that the offer will only be applicable once the check has been undertaken satisfactorily, and you have presented your certificate to UCC. 4.5 If your DBS certificate discloses any content of concern, your place on the course will be determined by a Colchester Institute Review Panel. This review may result on your removal from the programme. 4.6 Colchester Institute at its absolute discretion may withdraw an offer or terminate your registration with University Centre Colchester, for any failure to comply with paragraphs 4.1 4.5. If you consider that the grounds on which Colchester Institute has decided to refuse you permission to register were wrong you may lodge an appeal or complaint in accordance with the relevant appeals or complaints policy. 4.7 As set out above in paragraphs 4.1 to 4.3 all applicants will be asked to declare if they have any pending or criminal convictions or cautions when they register for their programme of study. All students are then required to inform UCC of any further pending prosecutions or convictions after registration and whilst on a course at UCC. All disclosures will be processed through Colchester Institute’s Criminal Convictions policy. 4.8 Following the hearing of a review panel, UCC reserves the right to refuse entry to any potential student and to terminate the registration of any student with a criminal conviction if it considers that admitting or re-admitting the student may jeopardise the security, safety or reputation of UCC or its community, or where a professional body requirements requirement related to course-specific regulations apply.

Criminal Convictions. 4.1 You are required to adhere to Having a criminal conviction will not necessarily prevent you studying at the University Centre Colchester’s policy in respect of students’ and potential students’ past criminal convictions, which can be found in the UCC Recruitment and Admissions Policy at xxxxx://xxx.xxxxxxxxxx.xx.xx/ucc/ucc- policies-and-procedures/ 4.2 You are required to disclose all “unexpired” but if you have any unspent criminal convictions at the time of your application to University Centre Colchester at the time of your application, and to notify Colchester Institute immediately of any convictions that occur whilst you are registered (as a student at University Centre Colchester defined in accordance with Colchester Institutes policy. An explanation of what an “unexpired” conviction is can be found at: xxxxx://xxx.xxx.xx/government/publications/new-guidance-on-the-rehabilitation-of- offenders-act-1974 4.3 Some courses are exempt from the Rehabilitation of Offenders Act 1974 1974) relating to offences involving: ● any kind of violence including (but not limited to) threatening behaviour, offences concerning the intention to harm or offences which resulted in actual bodily harm; ● offences listed in the Sex Offences Act 2003; ● the unlawful supply of controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking; ● offences involving firearms; ● offences involving arson; and those offered a place ● offences listed in the Terrorism Act 2006, you agree to provide full details of study when askedthese to the University within 3 days of acceptance of your offer. Please note that for some courses related to regulated professions (e.g. medicine, must declare any teaching, etc.), spent criminal convictions or cautions they may have, and must also be declared. It will be required helpful to secure include any information such as probation reports or psychologist reports relevant to the conviction(s) to enable the University to carry out a satisfactory disclosure from the Disclosure and Barring Service (DBS). Such disclosures are usually sought because the relevant professional body requires it or that Colchester Institute and/or the organisation with which it arranges placements may have identified a potential level of exposure to children or vulnerable adults which makes such a check appropriate. In such cases your offer will make clear that it is subject to a satisfactory DBS disclosure. 4.4 If your offer of a place is dependent on provision of an enhanced Disclosure and Barring Service (DBS), please note that the offer will only be applicable once the check has been undertaken satisfactorily, and you have presented your certificate to UCC. 4.5 If your DBS certificate discloses any content of concern, your place on the course will be determined by a Colchester Institute Review Panel. This review may result on your removal from the programme. 4.6 Colchester Institute at its absolute discretion may withdraw an offer or terminate your registration with University Centre Colchester, for any failure to comply with paragraphs 4.1 4.5risk assessment. If you consider that later receive a criminal conviction of the grounds on which Colchester Institute has decided to refuse nature indicated above (whether before enrolment/admission or during your time at the University), you permission to register were wrong you may lodge an appeal or complaint in accordance with the relevant appeals or complaints policy. 4.7 As set out above in paragraphs 4.1 to 4.3 all applicants will be asked are required to declare if they have any pending or criminal convictions or cautions when they register for their programme of studythis to the Conduct and Respect Office via xxxx-xxxxxxxxxxxxxxxxx@xxxx.xx.xx, providing full details. All students are then required Failure to inform UCC of any further pending prosecutions or convictions after registration and whilst on a course at UCC. All disclosures will be processed through Colchester Institute’s Criminal Convictions policy. 4.8 Following the hearing notify us of a review panelcriminal conviction may constitute a disciplinary offence under Regulation 7: Student Discipline , UCC and also gives the University the right to terminate our contract with you. The University reserves the right to refuse entry to any potential student and to upon disclosure or knowledge of such convictions to: confirm your place, request further information, cancel/withdraw the offer, withhold admission or terminate the registration of any student with a criminal conviction if contract (where it considers reasonably deems that admitting or re-admitting the student may jeopardise the security, safety or reputation of UCC or its communityrisks cannot be appropriately managed), or where a professional body requirements related impose conditions as the University reasonably sees fit to course-specific regulations apply.assist with managing any risks whilst you are at the University. Such conditions may include restrictions on access to certain campus areas or restrictions on engaging with certain students or learners, such as under 18s. Further guidance concerning criminal convictions is contained in the Admissions Policy and is available at:

Criminal Convictions. 4.1 You Do you have any relevant unspent criminal convictions? Yes  No  (IF YOU ANSWER YES TO THIS QUESTION YOU WILL BE ASKED TO PROVIDE MORE INFORMATION) It is against the law for STCG to obtain information about your spent cautions, reprimands and final warnings or convictions unless you are required applying for an ‘exempt’ course where you are advised to adhere to University Centre Colchester’s policy in respect of studentsdeclare both ‘spent’ and potential students‘unspent’ past criminal convictions, which can be found in the UCC Recruitment cautions, reprimands and Admissions Policy at xxxxx://xxx.xxxxxxxxxx.xx.xx/ucc/ucc- policies-and-procedures/ 4.2 You final warnings except those that are required to disclose all “unexpired” criminal convictions at the time of your application to University Centre Colchester at the time of your application, and to notify Colchester Institute immediately of any convictions that occur whilst you are registered as a student at University Centre Colchester in accordance with Colchester Institutes policy. An explanation of what an “unexpired” conviction is can be found at: xxxxx://xxx.xxx.xx/government/publications/new-guidance-on-the-rehabilitation-of- offenders-act-1974 4.3 Some courses are exempt from filtered under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013). This applies if you are applying to study on the following courses / programmes: Childcare, Health and those offered a place Social Care, Public Services & Counselling (see question 2). Do you have any convictions, cautions, reprimands or final warnings which are not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013)? Yes  No  Please complete this question only if you are applying to study when asked, must declare any criminal convictions or cautions they may have, and will be required on an exempt course / programme which are likely to secure a satisfactory disclosure from the require Disclosure and Barring Service (DBS) criminal record check. The DBS certificate will disclose spent and unspent convictions that are not protected (i.e. eligible for filtering). Such disclosures are usually sought because the relevant professional body requires it or that Colchester Institute and/or the organisation with which it arranges placements may have identified a potential level of exposure to children or vulnerable adults which makes such a check appropriate. In such cases your offer will make clear that it is subject to a satisfactory DBS disclosure. 4.4 If your offer of a place is dependent on provision of an enhanced Disclosure and Barring Service (DBS), please note that the offer will only be applicable once the check has been undertaken satisfactorily, and you have presented your certificate to UCC. 4.5 If your DBS certificate discloses any content of concern, your place on the course will be determined by a Colchester Institute Review Panel. This review may result on your removal from the programme. 4.6 Colchester Institute at its absolute discretion may withdraw an offer or terminate your registration with University Centre Colchester, for any failure to comply with paragraphs 4.1 4.5. If you consider that the grounds on which Colchester Institute has decided to refuse you permission to register were wrong you may lodge an appeal or complaint in accordance with the relevant appeals or complaints policy. 4.7 As set out above in paragraphs 4.1 to 4.3 all applicants will be asked You do not need to declare if they have any pending cautions and convictions that are considered ‘protected’ and therefore filtered from Standard or criminal convictions or cautions when they register for their programme of studyEnhanced DBS checks. All students are then required The courses / programmes this applies to inform UCC of any further pending prosecutions or convictions after registration are: Childcare, Health and whilst on a course at UCCSocial Care, Public Services & Counselling. All disclosures will be processed through Colchester Institute’s Criminal Convictions policyHAVING A CRIMINAL RECORD WILL NOT NECESSARILY PREVENT YOU FROM STUDYING AT THE COLLEGE DEPENDING ON THE NATURE OF THE COURSE AND THE CIRCUMSTANCES AND BACKGROUND OF THE OFFENCE. HOWEVER, THE COLLEGE DOES RESERVE THE RIGHT TO REFUSE TO ADMIT YOU IF, ON CAREFUL CONSIDERATION, YOUR CRIMINAL RECORD MAKES IT INAPPROPRIATE FOR YOU TO BE ADMITTED /ATTEND. 4.8 Following the hearing of a review panel, UCC reserves the right to refuse entry to any potential student and to terminate the registration of any student with a criminal conviction if it considers that admitting or re-admitting the student may jeopardise the security, safety or reputation of UCC or its community, or where a professional body requirements related to course-specific regulations apply.

Criminal Convictions. 4.1 You are required to adhere to Having a criminal conviction will not necessarily prevent you studying at the University Centre Colchester’s policy in respect of students’ and potential students’ past criminal convictions, which can be found in the UCC Recruitment and Admissions Policy at xxxxx://xxx.xxxxxxxxxx.xx.xx/ucc/ucc- policies-and-procedures/ 4.2 You are required to disclose all “unexpired” but if you have any unspent criminal convictions at the time of your application to University Centre Colchester at the time of your application, and to notify Colchester Institute immediately of any convictions that occur whilst you are registered (as a student at University Centre Colchester defined in accordance with Colchester Institutes policy. An explanation of what an “unexpired” conviction is can be found at: xxxxx://xxx.xxx.xx/government/publications/new-guidance-on-the-rehabilitation-of- offenders-act-1974 4.3 Some courses are exempt from the Rehabilitation of Offenders Act 1974 1974) relating to offences involving: ● any kind of violence including (but not limited to) threatening behaviour, offences concerning the intention to harm or offences which resulted in actual bodily harm; ● offences listed in the Sex Offences Act 2003; ● the unlawful supply of controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking; ● offences involving firearms; ● offences involving arson; and those offered a place ● offences listed in the Terrorism Act 2006, you agree to provide full details of study when askedthese to the University within 3 days of acceptance of your offer. Please note that for some courses related to regulated professions (e.g. medicine, must declare any teaching, etc.), spent criminal convictions or cautions they may have, and must also be declared. It will be required helpful to secure include any information such as probation reports or psychologist reports relevant to the conviction(s) to enable the University to carry out a satisfactory disclosure from the Disclosure and Barring Service (DBS). Such disclosures are usually sought because the relevant professional body requires it or that Colchester Institute and/or the organisation with which it arranges placements may have identified a potential level of exposure to children or vulnerable adults which makes such a check appropriate. In such cases your offer will make clear that it is subject to a satisfactory DBS disclosure. 4.4 If your offer of a place is dependent on provision of an enhanced Disclosure and Barring Service (DBS), please note that the offer will only be applicable once the check has been undertaken satisfactorily, and you have presented your certificate to UCC. 4.5 If your DBS certificate discloses any content of concern, your place on the course will be determined by a Colchester Institute Review Panel. This review may result on your removal from the programme. 4.6 Colchester Institute at its absolute discretion may withdraw an offer or terminate your registration with University Centre Colchester, for any failure to comply with paragraphs 4.1 4.5risk assessment. If you consider that later receive a criminal conviction of the grounds on which Colchester Institute has decided to refuse nature indicated above (whether before enrolment/admission or during your time at the University), you permission to register were wrong you may lodge an appeal or complaint in accordance with the relevant appeals or complaints policy. 4.7 As set out above in paragraphs 4.1 to 4.3 all applicants will be asked are required to declare if they have any pending or criminal convictions or cautions when they register for their programme of studythis to the Conduct and Respect Office via xxxxxxxxxxxxxxxxx@xxxx.xx.xx, providing full details. All students are then required Failure to inform UCC of any further pending prosecutions or convictions after registration and whilst on a course at UCC. All disclosures will be processed through Colchester Institute’s Criminal Convictions policy. 4.8 Following the hearing notify us of a review panelcriminal conviction may constitute a disciplinary offence under Regulation 7: Student Discipline, UCC and also gives the University the right to terminate our contract with you. The University reserves the right to refuse entry to any potential student and to upon disclosure or knowledge of such convictions to: confirm your place, request further information, cancel/withdraw the offer, withhold admission or terminate the registration of any student with a criminal conviction if contract (where it considers reasonably deems that admitting or re-admitting the student may jeopardise the security, safety or reputation of UCC or its communityrisks cannot be appropriately managed), or where a professional body requirements related impose conditions as the University reasonably sees fit to course-specific regulations apply.assist with managing any risks whilst you are at the University. Such conditions may include restrictions on access to certain campus areas or restrictions on engaging with certain students or learners, such as under 18s. Further guidance concerning criminal convictions is contained in the Admissions Policy and is available at: