A campaigner has praised a new policy introduced by Scottish universities requiring students offered places to disclose any violent criminal charges. Students have been advocating for this change after a rape survivor described her experience of being abused by her boyfriend while both were students at Glasgow University. Despite his suspension while awaiting trial, he was allowed to transfer to another university. Currently, students do not need to have a background check or DBS check to enrol on their course, unless they are training for specific careers in things like medicine or teaching.
Declaration of Student Criminal Record and Charges
Currently, Scotland's 19 universities have varying policies on whether students must declare criminal convictions or charges. Under the new policy, students offered a place will be required to disclose any unspent criminal convictions or if they face serious charges, including those related to sexual violence. The policy stops short of a requirement for a full DBS check for prospective students, or the equivalent PVG check in Scotland. There is also no requirement for universities to refuse to admit any student with a criminal past. Many universities are happy to take people who have committed crimes in their past and who are trying to get an education and turn their lives around, so this policy is just designed to weed out the minority of students who have a history of serious offending and who might pose a risk to other students on their course on in university accommodation.
Legal Concerns
However, some legal experts have raised concerns about how universities will manage this new requirement. Thomas Ross KC, a former president of the Scottish Bar Association, questioned what universities should do when a student is charged with a sexual offence they dispute. He said that the main concern lies in handling cases where individuals, who have no prior convictions, are facing charges they deny. The cornerstone of law is innocent until proven guilty, and legal professionals are concerned about this new requirement which will require people to reveal charges about matters which have not yet been heard in court. There is the possibility that people will be refused a place on a university course, and then go on to be found not guilty of charges against them.
University Position on Background Checking
Alastair Sim, Director of Universities Scotland, stated that the intended goal was to strike a balance between ensuring student safety and supporting education's role in rehabilitation. He reiterated that many universities are already asking students about unspent convictions, and the new system is just formalising the system across the sector. He also underlined the university sector’s commitment to making sure education remains accessible, particularly for individuals who do not pose a risk to others.
Advice for Students and Parents
From a student’s point of view, it should not come as a surprise if you are asked to declare any criminal convictions which are unspent. Unless violent or sexual in nature, a minor record should not stop you getting a place on you chosen course. This move should also reassure parents that universities are taking safeguarding seriously.
