Dear All
As colleagues will know, Undergraduates entering via UCAS are now required
to disclose their previous criminal convictions. You may have a similar
policy for PGs. In terms of record-keeping, this information either
goes into the general student file, or possibly into a separate, more
secure confidential file.
It has been pointed out by a colleague here that the existence of this
information (whether in the main student file or in a separate file)
raises issues with regard to members of faculty writing references
(either while the student is still here, or after leaving). For instance,
the file may disclose to the referee information that s/he should not know
about - eg. convictions which are spent or become spent during the period
of studies (and which are irrelevant to the reference). There is a DPA
angle here. However & conversely, the author of a reference owes a duty
of care to both the subject of the reference and the *recipient*, to
ensure that the reference is factually accurate and complete, and >fair<
to both parties. (And this 'duty of care' has begun to have a specific
legal dimension in recent years - in terms of liability for damages.)
>From this point of view one needs the referee to see the convictions
information, in order to form a judgement on whether to mention it (spent
or otherwise?). HEIs would presumably want to give guidance to staff as
to how they go about making these judgements.
I don't have any neat solution to this tension, but thought I'd flag it to
colleagues, and invite anyone who would like to contribute to respond
(direct to me or the mailbase) and I will collate and recirculate. Thanks.
_____
Owen Richards
Senior Assistant Registrar (Registry Systems)
Sussex University
Tel: 01273 877019
Email: [log in to unmask]
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