Information for applicants holding an offer Contentsregulations.docstore.port.ac.uk/Applicant_Information_Pack.pdf · Information for applicants holding an offer Contact details University

Information for applicants holding an offer

Contents

Contact Details

Admissions terms and conditions

Admissions policy

Important Registration and Tuition Fee Information

Policy for the Admission of Applicants and Students with a Criminal Record

Equality and Diversity Policy

Anti-Bullying and Harassment Policy

Religion and Belief Policy

Gender Reassignment and Trans Equality Policy

Information for applicants holding an offer

Contact details

University Admissions Centre

Address:

Floor 4, Mercantile House Hampshire Terrace Portsmouth PO1 2EG

Email address:

[email protected]

Telephone number:

+44 (0)23 9284 5566

Opening hours: Monday to Thursday 8.30am to 5.15pm Friday: 8.30am to 4.15pm

mailto:[email protected]

Admissions Terms and Conditions Version 1.1

Page 1

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1. Introduction

1.1 Any offer of a place to study a programme at the University of Portsmouth is made on the understanding that

the following terms and conditions will be met by the applicant.

1.2 These terms and conditions apply to any applicant holding either a conditional or unconditional offer with us.

Please read this document carefully prior to accepting your offer to ensure that you understand its contents.

2. Conditional offers

2.1 If you are holding a conditional offer with us, your place will be subject to you meeting the conditions

specified in your offer email or on UCAS Track.

2.2 All conditions must normally be fulfilled by the 31st August within the year in which you applied (if your course

starts in September/October).

3. Criminal convictions and related information

3.1 Our processes for considering applications from individuals with criminal convictions are designed to enable

us to provide a safe and transparent context in which to assess potential risk. There are requirements of

universities to reduce the potential risk of harm or injury to students and staff caused by other student or staff.

There is also the requirement to assess applicants for suitability for courses with a professional practice element.

3.2 To enable this, applicants are required to declare any relevant unspent criminal convictions. When the

application is to a course leading to certain professions or occupations that are exempt from the Rehabilitation of

Offenders Act 1974 (such as nursing or teaching) , all convictions must be declared. This includes any spent or

unspent convictions or punishments that would appear on a criminal records check.

3.3 If you are offered a place on a course that involves working with children or vulnerable adults, you will be

asked to complete a Disclosure and Barring service check before you start the course.

3.4 The University reserves the right to withdraw an offer of a place if, following consideration of the material

from the review of an applicant’s conviction record, the Panel decides that the conviction continues to present a

potential risk to its staff and/or students or the placement situation.

4. Fitness to Practise

4.1 Applications from candidates who have disclosed a disability and/or specific learning difficulty will be

considered in the same way as all applications and a decision will be made that is based upon the candidate’s

academic merit and potential.

4.2 Whilst the provisions of the Equality Act 2010 normally make it illegal to reject an applicant on the grounds of

disability there are three instances in which a university can reject a disabled applicant if they have the entry

criteria necessary and these are:

● overriding health and safety concerns;

● barriers resulting from professional requirements;

● necessary reasonable adjustments cannot be made

4.3 For certain courses applicants may be required to undergo a health check and to provide evidence of

immunisation. If so, further information will be provided if an offer is made.

Page 3

5. Immigration

5.1 If you are a national of a country subject to UK immigration control, you will need to demonstrate that you

have a valid immigration status to undertake your proposed programme of study.

5.2 Any offer made by the University will be withdrawn if you are unable to gain permission to study in the UK.

6. Identification

You must comply with all requests for information or documentation for identification purposes. This includes any

requests for additional information or documentation relating to your identity, tuition fee status (such as a

passport), a criminal conviction or to safeguarding arrangements for those who are under 18 on entry.

7. Payment of deposits

If you are required to pay a deposit, it will be clearly stated in your offer email. Your application may be

withdrawn if your deposit is not received. A refund may be considered and in accordance with the policy:

http://www.port.ac.uk/departments/services/academicregistry/studentadministrationdivision/tuitionfeerefunds

To make a refund appeal email [email protected]

8. Applicants under the age of 18

The University is committed to the safety and well-being of all of its students and recognises the particular needs

of those who will be under the age of 18 on entry. Our offers are made on the condition that you have provided

the University with your correct date of birth and that you agree to abide by the conditions of admission and

registration that relate to being a minor as well as being a student. Applicants who are under 18 years of age on

entry will not be allowed to register unless they have satisfactorily provided a Parental Consent Form and, if

applicable, appointed a UK guardian.

9. Disclosure of information

9.1 The University may amend or withdraw your offer of a place at any time if it determines that you have

provided any fraudulent, false or misleading information.

9.2 It is your responsibility to inform us if any of the qualifications and/or subjects you have listed on your

application change, as it may have an impact on your offer.

10. Previous exclusion

The University reserves the right to withdraw an offer if you have previously been excluded from your studies.

11. Your course

11.1 The University will make all reasonable endeavours to deliver your course as described in the relevant

prospectus subject to updates and improvements in content or delivery for educational purposes.

11.2 However, very rarely, unforeseen circumstances may force the University to alter, combine or discontinue a

course. Should this happen, we will tell you at the earliest possible opportunity and will make every effort to offer a

suitable alternative course.

http://www.port.ac.uk/departments/services/academicregistry/studentadministrationdivision/tuitionfeerefunds


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12. Appeals and Complaints

12.1 Applicants may complain if they are dissatisfied with the service they have received regarding an application

or any other aspect of the admission procedure. Complaints relating to admissions will be managed in

accordance with the Applicant Complaint Procedure which can be found online at:

http://www.port.ac.uk/departments/services/corporategovernance/complaints/applicanttotheuniversity/

12.2 Applicants can request a decision review if they believe that the application process did not take all factors

into account correctly.

13. Your right to cancel

13.1 A contract between you and the University will commence from the date on which you accept your offer.

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will

expire after 14 days from the day of the conclusion of this contract.

13.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract in writing.

Contact details are below.

Address: University Admissions Centre, University of Portsmouth, Floor 4, Mercantile House,

Hampshire Terrace, Portsmouth, PO1 2EG

Email: [email protected]

14. Admissions related policies and procedures

14.1 Our Admissions Policy contains detailed information about the processes which guide our decision making.

It aims to give to applicants the information needed to understand how their application is considered and what

steps are available to them if they are unclear or dissatisfied with our decision. The Policy also provides

information about how it operates alongside other internal and national policies on, for example, Data Protection.

14.2 It also outlines the policies underpinning our commitment to fairness, equality and to the protection of your

rights.

15. Office for Students Registration

For students to be eligible for funding from Student Finance England, they must be studying on an eligible course at a provider registered with the Office for Students (OfS). The OfS is the new independent regulator for higher education in England and all higher education providers need to register with the OfS for their students to be eligible for student support in the 2019-20 academic year. The OfS will start publishing providers on its Register from July 2018. We have made an application to register and expect a decision by [July/September] 2018. No provider will be able to confirm whether student support is available until it has a decision from the OfS. Visit www.officeforstudents.org.uk for more information.”

The relevant guidance is on page 8 of "Regulatory Advice 2: Registration of Current Providers for 2019-20)" which can be found at: https://www.officeforstudents.org.uk/media/1049/ofs2018_04.pdf



http://www.officeforstudents.org.uk/

https://www.officeforstudents.org.uk/media/1049/ofs2018_04.pdf

Approved by Academic Policy Comm . 17 May 2016. Presented for Academic Council approval June 2016

Admissions Policy 2016


University of Portsmouth, Admissions Policy

The University welcomes applications from all students who are able to demonstrate the potential to meet

the entry criteria for the relevant course and to benefit from study with us.

We are committed to the principles of fair access and all applications are considered on the basis of merit

and potential. Our commitment to equality aims to ensure that our decisions are not influenced by non-

relevant factors such as gender or gender identity, race, colour, nationality, ethnic origin, disability, age,

sexuality, political or religious beliefs.

Our Admissions Policy contains detailed information about the processes which guide our decision making. It

aims to give to applicants the information needed to understand how their application is considered and

what steps are available to them if they are unclear or dissatisfied with our decision. The Policy also provides

information about how it operates alongside other internal and national policies on, for example, Data

Protection.

Section 1 describes Admission Process and outlines who is responsible for processing applications and how

we do this. This includes information about process used for the following aspects of application processing:

Entry requirements

Interviews and portfolios

Alternative offers

Feedback

Decisions

Applicant response

Confirmation of results

Section 2 outlines the policies that work alongside the Admissions Policy underpinning our commitment to

fairness, equality and to the protection of your rights. This section contains information

about:

Access Agreement and Widening Participation

Age on entry

Appeals

Applicants with criminal convictions

Changes to a course

Complaints

Data protection

Deferred entry

Disabilities and specific learning difficulties

Disclosure and Barring Service (DBS} and Occupational Health(OH}

Fees

Fraudulent applications

Fitness to Practice

Questions and Feedback on our Policy are welcome and can be submitted to

[email protected].



Admissions Policy

Table of Contents

1. Introduction

2. Admissions Policy

3. Responsibility for Admissions

4. Admissions Process

4.1 Background

4.2 Entry Requirements

4.3 Interviews and Portfolios

4.4 Alternative Offers

4.5 Feedback

4.6 Decisions

4.7 Applicant Response

4.8 Confirmation of Results

5. Further Admissions Processes

5.1 Access Agreement and Widening Participation

5.2 Age on entry

5.3 Appeals

5.4 Applicants with criminal convictions

5.5 Changes to a Course

5.6 Complaints

5.7 Data Protection

5.8 Deferred Entry

5.9 Disabilities and Specific Learning Difficulties

5.10 Disclosure and Barring Service (DBS} and Occupational Health(OH}

5.11 Fees

5.12 Fraudulent applications

5.13 Fitness to Practice

6. International Admissions

6.1 International Applicants

6.2 International Agents

7. Training and Development


1 Introduction

1.1 This Policy describes the University of Portsmouth's position on key matters relating to recruitment and

admissions activity. It applies to all applications for places on our full-time, part-time and distance learning

undergraduate courses and to our full-time, part-time and distance learning taught postgraduate courses

leading to the award of a degree, diploma or certificate. It complies with relevant legislation detailed in

Appendix 1. It is a public document and is aimed at prospective students, applicants, higher education

advisers and University of Portsmouth staff.

1.2 This Policy is underpinned by our institutional strategic priorities http://www.port.ac.uk/realising-the-

vision/strategy/ and the University Access Agreement

http://www.port.ac.uk/accesstoinformation/policies/directorate/filetodownload,190604,en.pdf.

1.3 The University aims to maintain the currency of its admissions arrangements to ensure that its process

and procedures reflect changes in regulation and best sector practice. From time to time changes will be

made to take account of such factors and this policy and associated regulations will be updated accordingly.

1.4 The Policy and associated procedures comply with the relevant equality and diversity legislation affecting

the admission of students and takes account of sectoral best practice, including the QAA's UK Quality Code

for Higher Education Chapter 82: Recruitment, selection and admission to higher education and Part C:

Information about higher education provision of the quality code and Supporting Professionalism in

Admissions (SPA's) good practice guidance.

1.5 The Policy and associated procedures take account of the University's responsibilities in relation to:

i} recruiting and admitting international students, and

ii} meeting the requirements of the Competitions and Markets Authority with regard to consumer law and

our relationship with students.

Department of Student & Academic Administration

http://www.port.ac.uk/realising-the-vision/strategy/



http://www.port.ac.uk/accesstoinformation/policies/directorate/filetodownload%2C190604%2Cen.pdf

http://www.port.ac.uk/accesstoinformation/policies/directorate/filetodownload%2C190604%2Cen.pdf


2 Admissions Policy

2.1 The University welcomes applications from individuals who have the ability and motivation to succeed.

We believe that potential can be revealed through formal academic and vocational qualifications, work and

other relevant experience.

2.2 The University is committed to providing a fair admissions system that admits students with potential to

succeed as demonstrated by academic and other factors irrespective of their background. In so doing, we

are committed to the key principles of Fair Admissions as outlined in the Schwartz Reportl : transparency,

minimising barriers to entry, selecting for merit, potential and diversity, professionalism and using

assessment methods that are reliable and valid.

2.3 We aim for our admissions policies and procedures to be transparent, followed fairly, courteously,

consistently and expeditiously. We ensure that information concerning applicants remains confidential

between designated parties, and that decisions are made by those equipped to make the required

judgements.

2.4 The University uses the guidelines set out by the Competition and Markets Authority to ensure that the

consumer rights of applicants and students are safeguarded; Consumer Protection Regulations, Consumer

Contract Regulations, and Unfair Terms Regulations are used to dothis.

At each stage of the recruitment and admissions cycle, those being i} Student Research and Application, ii}

Offer/Rejection, iii}Acceptance, iv} Student Enrolment, the University will provide the material information

and contractual information an applicant/student needs to make an informed decision, and ensures that it is

accurate, complete, clear, unambiguous, up front, timely, and accessible. Information about how an

applicant, or prospective student, can make a complaint is also provided at each stage, and can additionally

be found in this policy.

1 Schwartz report. Department for Education and Skills (2004} Admissions to Higher Education Review, Fair Admissions

to Higher Education: Recommendations for Good Practice.


3. Responsibility for Admissions

3.1 The University provides a professional admissions service to all of its applicants. Recruitment and

admissions activities are delivered in partnership between different parts of the University, in accordance

with this Policy. This includes the following importantaspects:

Faculties are responsible for determining selectioncriteria;

The University Admissions Centre (UAC} and Faculties are responsible for academic decisions on

individual applications in accordance with agreed criteria;

The Department of Student & Academic Administration is responsible for guaranteeing the accuracy

and integrity of the core requirements and information on courses and the admissions process. It is also

responsible for this Policy and for ensuring it is reviewed to guarantee that it best serves our applicants

and the University's aims.

3.2 The University of Portsmouth strives to ensure that all promotional materials are relevant, accessible and

accurate at the time of publication, are not misleading, and that they provide as much information as

possible to enable applicants to make informed decisions about their options. The University's Department

of Student & Academic Administration works with the Faculties, International Office and the Marketing and

Communications Department to ensure the accuracy of all course information published by the University

for the purposes of recruitment.

3.3 Other significant areas ofresponsibility:

The International Office arrange and deliver recruitment activities overseas and ensure that all staff

attending such events are briefed on appropriate processes andprocedures.

The Education Liaison Team are involved in supporting potential students in local schools and

colleges

The Schools, Departments, Faculties and relevant central services are responsible for the design and

delivery of Open days and Applicant days.

The Directorate of Marketing & Communications manages recruitment activities, including

marketing campaigns, support for Open/Applicant Days, the University website, and other printed or

soft-copy materials. The Education Liaison and Outreach Team is also based in this Directorate.

Enquiries about the courses and admissions matters are the responsibility of the University

Admissions Centre in the Department of Student & Academic Administration.

3.4 The nature of the Higher Education environment means that sometimes the courses, services and other

matters included in the prospectuses, associated websites, and other media may change. The University

considers this in light of guidance from the Competition and Markets Authority, and will only ever make


changes where it is necessary to do so and is considered reasonable. The University will always inform

applicants/students of any changes as soon as is possible.

4 Admissions Process

4.1 Background

i} Applications from home and EU students to full-time undergraduate degree courses can be made via the

Universities and Colleges Admissions Service (UCAS}. Applications to all other courses based at the University

are made directly using the University's online application form: www.port.ac.uk/applyonline

ii} The University is committed to delivering a professional admissions service, providing the best support to

its applicants. We operate a University-wide admissions service where staff are expert in our course profiles

and requirements, national and international qualifications and internal and external admissions regulations.

iii} While some applications, due to the nature of the course, are considered by Admissions Tutors in the

Faculties, the consideration of most individual applications takes place in the University Admissions Centre.

There, specialist staff review the application on the basis of achieved and predicted qualifications and

experience against criteria previously agreed with academic staff. Other specialist staff in the UAC, and/or

the Faculties, consider applications for courses that require further assessment, including portfolios. All full-

time undergraduate applications received by the UCAS deadline of the 15th January are given equal

consideration. The University continues to consider applications received after this date until the course is at

capacity.

4.2 Entry requirements

i} The University's minimum entry requirements are published on the University website:

http://www.port.ac.uk/application-fees-and-funding/

ii} The University accepts the majority of nationally recognised advanced qualifications for entry to higher

education, and gives equal consideration to academic and vocational qualifications for all courses of study.

The University may also take into consideration relevant skills and expertise gained from work experience or

vocational training, particularly for mature candidates.

http://www.ucas.com/apply

http://www.port.ac.uk/applyonline

http://www.port.ac.uk/application-fees-and-funding/


iii} Entry requirements for specific courses of study are published in the University prospectuses, on our

website (http://www.port.ac.uk/courses/} and, for full-time undergraduate courses, on the UCAS entry

profiles (https://www.ucas.com/}, which are maintained and updated as required by university admissions

staff. The University offers places to undergraduate applicants using guidance from the UCAS tariff. More

information on the UCAS tariff can be found on the UCAS website:

https://www.ucas.com/ucas/undergraduate/getting-started/entry-requirements/tariff

iv} In addition to academic qualifications we will also take into account information provided within the

personal statement and reference(s}, including where this reveals extenuating or mitigating circumstances

which may have affected academic performance.

v} Due to the limited or restricted number of places on some courses it should be noted that attainment of

published indicative entry criteria does not guarantee an offer of a place.

vi} Some courses require interviews, auditions, written assignments or practical tests. In this case applicants

will be informed about the rationale for and requirements of any selection measures.

vii} If an interview is required as part of the admissions process, but the applicant is unable to attend in

person (e.g., because they are resident overseas}, in some cases it may be possible for a video interview, or

other alternative selection process, to be used.

viii} Additional references may also be requested in order to inform the admissions process.

ix} Declarations of mitigating/extenuating circumstances should be emailed to [email protected] or

[email protected] if from a non-EU applicant. Extenuating circumstances may be

considered if an applicant narrowly misses the entry requirements, however, this is at the discretion of the

University.

x} Applications to join a course with advanced standing should be made in accordance with the Recognition

of Prior Learning policy, which can be found online at:

http://www.port.ac.uk/accesstoinformation/policies/accreditationofpriorlearning/

4.3 Interviews and Portfolios

http://www.port.ac.uk/courses/

http://www.ucas.com/

https://www.ucas.com/ucas/undergraduate/getting-started/entry-requirements/tariff



http://www.port.ac.uk/accesstoinformation/policies/accreditationofpriorlearning/


i} Admission to some courses may require an interview or the submission of a portfolio. These additional

requirements will be clearly stated in the University prospectus and webpages, including UCAS.

ii} Applicants who are invited to attend an interview will be asked to choose a suitable date from a selection

of available days and times, after which they will be sent details including a schedule of the day and

information on any other activities. The outcome of the interview will be communicated to the applicant by

the UAC (and for UCAS applicants, via UCAS Track}. Feedback for unsuccessful applicants will be available

through the University Admissions Centre.

4.4 Alternative offers

i} Where it is not possible to make an offer to an applicant, the Admissions Centre staff will consider if there

is a suitable alternative course. Such alternatives are considered in the following sequence: i} where a similar

course exists, ii} where the applicant's qualifications or experience are a suitable match for another course.

ii} If we unable to make an applicant an offer on the course they applied to we confirm this by email and ask

if the applicant would welcome an alternative offer. If this is the case an alternative offer is made, if the

applicant does not wish to receive an alternative offer then the application is rejected and the University

does not progress the application any further.

4.5 Feedback

The University provides feedback to unsuccessful applicants on request. To obtain feedback, the applicant

must email [email protected] or [email protected] if required for a non-EU applicant.

The University aims to provide this within seven working days.

4.6 Decisions

i} Decisions on undergraduate full-time applications will be transmitted to UCAS through the University's

admissions system. Once a decision has been entered, it is available to be viewed by the applicant through

UCAS Track within 24 hours. An email is sent to the applicant confirming the same information, except for

the offer conditions which can only be viewed on UCAS Track.

ii} Decisions for applications made directly to the University will be processed through the admissions system

and will be available to view on the University's Apply Online system. An email will be sent to the applicant

to confirm the outcome of their application.

https://track.ucas.com/




iii} All successful applicants who are made an offer are provided with pre-contract information on a durable

medium. This information includes:

A list of the core modules of the programme

The fees and other costs and how increases will be calculated

The number and type of contact hours

Information on the University's full terms and conditions

Information on what could change in the future

Information on applicants' 14-day right to cancel

If any changes have occurred to information provided to applicants in advance of making an offer, this is

communicated along with the offer so an applicant can make an informed decision.

4.7 Applicant Response

i} The University expects those who hold an offer to respond with their decisions on that offer within the

deadlines that are made known to them, either by UCAS or in the offer correspondence.

ii} Once an offer is made, the University will correspond with applicants through UCAS and directly to

provide material relevant to the stage of the admission process. This will include material about halls of

residence, registration, induction, and the University and City more broadly. This material will be provided

electronically and in hard copy as appropriate.

4.8 Confirmation of results

When the University receives examination results for applicants who have accepted Conditional offers, the

Admissions Centre considers these for each applicant in relation to the offer made. Applicants who have

achieved the conditions of their offer will have their place confirmed. Applicants who have not met the

conditions are reviewed and their place may be confirmed if it is felt they will still be able to succeed on the

course. The University may also consider an applicant for an alternative course if it is not possible to confirm

on the applicant's Firm choice. It is the applicant's decision to accept this alternative place or not. If the

University is not able to confirm the applicant, or the applicant does not wish to accept any offered

alternative, the applicant is released into Clearing.

5 Further Admissions Processes


5.1 Access Agreement and Widening Participation

i} The University's Access Agreement is approved annually by the Office for Fair Access and includes

information about the University's approach to equal and diverse access. The document is available from

OFFA at: www.offa.org.uk

ii} Widening participation in higher education is a key strategic aim for the University of Portsmouth,

demonstrated by our success to date in recruiting and retaining a diverse student body. We welcome

applications from students from a wide range of backgrounds. Further information regarding our Widening

Participation profile is found in our Access Agreement online at

http://www.port.ac.uk/accesstoinformation/policies/directorate/

iii} We use contextual data in order to determine which applications to full-time undergraduate programmes

will be considered as part of our Widening Participation strategy.

5.2 Age on Entry

i} The University welcomes applications from people of all ages. No applicant shall be refused admission on

grounds of age.

ii} The University does, however, recognise its special duty of care towards students who are legally still

children, and has established procedures for dealing with applications from people who as students will be

under 18 years of age. Principles, institutional responsibilities and procedures relating to the protection of

under 18s and vulnerable adult students are set out in the Policy for the Admission and Support of Students

Entering the University Under the Age of 18.

http://www.port.ac.uk/accesstoinformation/policies/academicregistry/filetodownload,192823,en.pdf

iii} An applicant under the age of 18 will be asked to complete and return a consent form from their parents

or legal guardians who reside in the UK if their application reaches UF status. Those applicants without

parents or legal guardians in the UK are required to appoint a guardian through a recognised agency.

5.3 Appeals

i} An appeal is a request for reconsideration of an application decision and can only be requested after an

applicant has received feedback on the reason for their original rejection.

ii} Applicants do not have a right of appeal against the academic or professional judgement about their

suitability for entry to a particular course. However, if following receipt of feedback, an applicant feels an

http://www.offa.org.uk/

http://www.port.ac.uk/accesstoinformation/policies/directorate/

http://www.port.ac.uk/accesstoinformation/policies/academicregistry/filetodownload%2C192823%2Cen.pdf


error has occurred, they can request a formal review of the selection decision on one of the following

grounds:

Pertinent information was missing for valid reasons from the originalapplication;

There has been a misinterpretation of information or data contained within the original application;

There was a procedural anomaly in the handling of the application;

That there is evidence of prejudice or bias on the part of Universitystaff.

The request for a review should be received within 28 calendar days of the day provision of feedback was

provided. The procedure can be found here:


5.4 Applicants with criminal convictions

i} Our processes for considering applications from individuals with criminal convictions are designed to

enable us to provide a safe and transparent context in which to assess potential risk. There are

requirements of universities to reduce the risk of harm or injury to students and staff caused by any

criminal behaviour of other students.

ii} To enable this, applicants are required to declare any relevant unspent criminal convictions or, if applying

for a course leading to certain professions or occupations (such as nursing or teaching} that are exempt from

the Rehabilitation of Offenders Act 1974, must declare any spent or unspent convictions or punishments that

would appear on a criminal records check.

More information on the Rehabilitation of Offenders Act can be found at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-

offenders-guidance.pdf

5.5 Changes to a Course

i} Where material changes have been made to a published course, applicants with an offer on that course

will be informed of those changes as soon as possible. Such changes may include:

a change in the approval status of the course;

a course gaining or losing accreditation from a professional body;

variation to the published course fees;

variation to the published course content;

change of location of course delivery;

change to a course name;


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf


the closure or suspension of a course.

ii} Applicants will have the option to withdraw their acceptance to the course. Should they wish to be

considered for an alternative course, their application will then be assessed against the entry criteria for that

particular course, provided there is sufficient space and time to accommodate them.

5.6 Complaints

Applicants may complain if they are dissatisfied with the service they have received regarding an application

or any other aspect of the admission procedure. Complaints relating to admissions will be managed in

accordance with the Applicant Complaint Procedure which can be found online at:


5.7 Data Protection

i} All UCAS applications are subject to the UCAS Data Protection agreement, as described in the 'Data

Protection Act'. https://www.ucas.com/corporate/about-us/privacy-policies-and-declarations/ucas-

declaration

ii} In addition, all applications to University of Portsmouth are considered in accordance with the terms and

provisions of the Data Protection Act 1998. The information provided in applications will only be used for

admissions purposes but will form part of the student's record if they accept a place. The information will be

confidential between the applicant, the University and any other parties the applicant has consented to as

part of the application process (e.g. UCAS}. The University of Portsmouth may have to release information

to authorised outside agencies, such as the police or the Home Office, to prevent or detect fraud.

5.8 Deferred entry

i} Deferred entry is granted at the discretion of the admissions staff and applicants should indicate that they

wish to defer entry on their application forms.

ii} Applications for deferred entry will be considered equally up until the point of confirmation.

iii} Normally deferred entry is granted for one year only, however additional deferral requests may be

considered on an individual basis.

iv} Applicants who decide to defer after accepting a place at the University for the current cycle should

contact the University Admissions Centre and will be considered on an individual basis.


https://www.ucas.com/corporate/about-us/privacy-policies-and-declarations/ucas-declaration

https://www.ucas.com/corporate/about-us/privacy-policies-and-declarations/ucas-declaration


5.9 Disabilities and Specific Learning Difficulties

i} All applications from candidates who have disclosed a disability and/or specific learning difficulty will be

considered in the same way as any other application and a decision will be made that is based upon the

candidate's academic merit and potential.

ii} Where an application indicates a disability and/or specific learning difficulty, the details relating to this

are referred by the Admissions Centre to the Additional Support and Disability Advice Centre (ASDAC}. The

applicant's requirements are considered and appropriate action taken to support, for example, their learning

and access needs. Where necessary a meeting will be organised with the applicant to explore such

requirements and how these may be met. Following this, support will be put in place and reasonable

adjustments made at the University to address barriers which disabled students may encounter in the

learning, teaching and assessment environment and which may affectperformance.

NB Whilst the provisions of the Equality Act 2010 normally make it illegal to reject an applicant on the

grounds of disability there are three instances in which a university can reject a disabled applicant if they

have the entry criteria necessary and these are:

overriding health and safety concerns;

barriers resulting from professional requirements;

necessary reasonable adjustments cannot bemade

5.10 Disclosure and Barring Service (DBS) and Occupational Health(OH)

i} Courses requiring a DBS and occupational health check will have this clearly stated in the Entry Profiles on

the website. Courses requiring such checks include:

Allied Health Profession2course applicants will need to complete an OH check demonstrating fitness

to practise before being allowed to register

Initial Teacher Education applicants will need an OH check demonstrating fitness to teach before

being allowed to register

Successful applicants to all of the above courses will be required to undergo police record checks,

carried out by the DBS, before being allowed to go onplacement.

2These include courses in Diagnostic Radiography, Therapeutic Radiography, Paramedic Science, Operating


Department Practice, Social Work, Speech Language and Communication Science, Adult Nursing, Optometry,

Dental Hygiene and Dental Therapy and Dental Nursing

ii} Further details of these procedures are outlined in the Policy statement on the recruitment, placement

and engagement in other activities of students with criminal convictions, and the Procedures for

consideration of disclosed criminal records, these documents can be found on the University's website

please see below.

5.11 Fees

i} The University is committed to a fair and transparent policy in respect of all fee charges made to students,

whether tuition fees or additional course-related costs. Tuition and other fees may be subject to change and

are available on the University website at www.port.ac.uk/tuitionfees. Details of specific fees are provided at

the time of offer.

ii} The Education (Fees and Awards} Regulations 2007 allow publicly funded educational institutions to

charge higher tuition fees to students unless they fulfil certain residence and immigration status

requirements. Details of these requirements are available at the United Kingdom Council for International

Student Affairs (UKCISA} website at http://www.ukcisa.org.uk/International-Students/Fees--finance/Home-

or-Overseas-fees/England-Higher-Education/

iii} If the University is unable to determine an applicant's tuition fee status, based on the information

provided in their application, applicants will be asked to complete a fee assessment questionnaire, and to

provide additional information and documents.

iv} Some courses are only suitable for applicants with a specific fee status. In the situation where an offer is

made prior to an applicant's fee status being known, following the outcome of the fee assessment process, if

an applicant's fee status is not compatible with a course they have already received an offer for, they may be

considered for an alternative course or withdrawn by the University.

v} Applicants can appeal the results of an assessment by emailing [email protected]. The University

aims to provide a response within seven working days.

5.12 Fraudulent Applications and Non-Disclosure

http://www.port.ac.uk/tuition

http://www.ukcisa.org.uk/International-Students/Fees--finance/Home-



i} The University expects that applicants will have provided full, honest, and accurate information on their

application form and in all subsequent communications with the University. Where the University has reason

to suspect that this may not be the case, it reserves the right to investigate the matter fully.

ii} If, in the course of such an investigation, the University finds that an applicant has made fraudulent or

misleading claims in their application, the University reserves the right to withdraw any offer it has made.

Where an applicant has omitted to provide all relevant information on their application form (including, but

not limited to, qualifications commenced but not completed, qualifications resulting in a fail grade,

exclusions} it similarly reserves the right to withdraw any offer it has made. In the event that an offer is

withdrawn for the reasons set out above, the University may also, where appropriate, inform any other

relevant professional bodies and/or third parties about the withdrawal.

iii} In cases where the fraudulent and/or misleading information is discovered at any time after the applicant

has enrolled as a student of the University, the University reserves the right to carry out its own

investigations. If, after the completion of the investigation, it is found that there has been a deliberate

attempt to use fraudulent and/or misleading information or relevant information was withheld in order to

obtain a place on one of the University's courses, the University may take action to permanently exclude the

student. In the event that a student is permanently excluded for the reasons set out above, the University

may also, where appropriate, inform any other relevant professional bodies and/or third parties about the

exclusion.

5.13 Fitness to Practise

Where a course requires professional practice to be undertaken, the University will carry out appropriate

health and good character checks during the admission process. We use data gathered from the application

form with respect to criminal convictions and disability, an 'on-entry' declaration and a Disclosure and

Barring Service (DBS} check to do this. Please see

http://www.port.ac.uk/departments/services/academicregistry/UAC/downloads/filetodownload,192092,en.

pdf for more information.

6 International Admissions

6.1 International Applicants

i} Applications from international students are considered on the basis of individual merit and an applicant's

desire and rationale to undertake a programme of study. Qualifications are assessed by experienced

admissions staff, with careful consideration given to other factors such as work experience, suitability and

interest in the course.

http://www.port.ac.uk/departments/services/academicregistry/UAC/downloads/filetodownload%2C192092%2Cen


ii} The University entry requirements for international qualifications are formulated with information from

UK NARIC (http://www.ecctis.co.uk/naric/Default.aspx} as well as other external bodies such as UCAS, British

Council, overseas governments, and staff with international and regional knowledge and experience. More

details are http://www.port.ac.uk/international-students/your-country/

iii} The University Admissions Centre is responsible for compliance with the UK Visas and Immigration Points-

Based System in the form of assessing the validity of the application, the offer and Confirmation of

Acceptance for Studies (CAS} to applicants from outside the European Union, collecting and logging of

relevant data about all new applicants, including the Points-Based Immigration form, in order to be

confident of the authenticity of relevant aspects of the application and applicant. More information on UKVI

requirements can be found athttps://www.gov.uk/tier-4-general-visa

iv} There are English language requirements for applicants whose first language is not English. Those

applicants must have a sufficient command of the English language to complete their studies satisfactorily

and are required to have completed a Secure English Language Test (SELT} from an approved test centre that

has been assessed as meeting the UK Visa and Immigration requirements equivalent to a minimum level B2.

Please note that the courses at the University of Portsmouth require a minimum of International English

Language Test (IELTS} band 6.0 or equivalent with a minimum of 5.5 in each component with some courses

requiring a higher level. Course specific entry requirements are available on our website. In some cases it

may be possible to accept an alternative qualification in lieu of a SELT. Such decisions are made on a case-by-

case basis.

v} Applicants are responsible for ensuring that any supporting documents, such as certificate and transcripts

are translated into English during the application process.

6.2 International Office and Agents

The University has International Offices in Kuala Lumpur, Mumbai, Shanghai and Beijing. Many students

planning to apply from abroad consult these offices or our intentional agents who can help applicants, for

example, to plan studies, apply for a course, book accommodation and travel. Further details can be found

on http://www.port.ac.uk/application-fees-and-funding/international-applications/#ug

http://www.ecctis.co.uk/naric/Default.aspx

http://www.port.ac.uk/international-students/your-country/

http://www.gov.uk/tier-4-general-visa

http://www.port.ac.uk/application-fees-and-funding/international-applications/%23ug


7 Training and Development

i} The University ensures that staff involved with the admissions process are professional and receive

appropriate training and development in admissions and related areas.

ii} University staff participate in the national student admission agenda through membership of various

professional bodies, working parties and conferences, and Academic Registrars' Council (ARC} and UCAS

groups. This facilitates the dissemination of good admissions practice across the University. Ongoing staff

development is offered to staff involved in admissions in order to ensure compliance with regulations and

consistency of procedures. For example, these training sessions include workshops about recruitment

strategy, qualifications, interviews and entry requirements as well as technical training for staff involved in

recording offers.

iii} The University holds annual workshops for staff involved in Confirmation and Clearing and other specific

events that occur during the applications cycle.

iv} External training is given via the UCAS Higher Education in Admissions conference sessions, advice from

the Supporting Professionalism in Admissions (SPA} team, and sharing best practice with other Higher

Education Providers.


Annex 1

Relevant legislation

Data Protection Act 1998 defines a legal basis for the handling of personal information relating to living people.

Freedom of Information Act 2000 creates a general right of access, on request, to information held by public

bodies.

Rehabilitation of Offenders Act (1974) enables some criminal convictions to be regarded as 'spent' after a

rehabilitation period.

Certain professions and employments areexempt from the Act so that individuals are not allowed to withhold

details of previous convictions in relationto their job when applying for positions in similar fields. These

professionsinclude:

thoseworking with children and other vulnerable groups, such as teachers and social workers

those working in professions associated with the justice system, such as solicitor, police, court clerk,

probation officer, prison officer and trafficwarden

doctors, dentists, pharmacists ornurses

accountants

Human Rights Act (1998) the Act makes it unlawful for a public body to act in a way which is incompatible with

the European Convention on Human Rights.

Sex Discrimination Act (1975) seeks to prevent discrimination on the grounds of gender.

Race Relations Act (1976) (amended 2000) aims to prevent discrimination on the grounds of race, colour,

nationality, ethnicandnational origin.

Disability Discrimination Act (1995) (amended 2005) aims to prevent discrimination against people in respect

of theirdisabilities.

Employment Equality Regulations (2006) prohibits unreasonablediscrimination against peopleon groundsof

age, sexual orientation and/orreligionandbelief.

Safeguarding Vulnerable Groups Act (2006) allows for the vetting of people who work or seek to work with

children or vulnerable adults, and for the barring ofthose considered to be unsuitable for such work.


The Protection of Freedoms Act 2012 which merged The Criminal Records Bureau (CRB} and the Independent

Safeguarding Authority (ISA} to becomethe Disclosureand Barring Service(DBS}. CRBchecksarenowcalled DBS

checks.

Equality Act 2010 aims to promote equality proactively.

Freedom of Information Act 2000

Children Act (2004)

The Immigration, Asylum and Nationality Act 2006


Annex 2 - Relevant University Policies*

Equality and Diversity Policy Statement: http://policies.docstore.port.ac.uk/policy-027.pdf

Equality Objectives :

http://www.port.ac.uk/departments/services/equalityanddiversity/downloads/filetodownload,192336,en.p

df

Dignity and Respect Policy: http://policies.docstore.port.ac.uk/policy-007.pdf

Religion and Belief Policy:

www.port.ac.uk/accesstoinformation/policies/humanresources/equalityanddiversity/filetodownload,53

697,en.pdf

Gender Reassignment and Trans Equality Policy: http://policies.docstore.port.ac.uk/policy-037.pdf

Recognition of Prior Learning Policy:

http://www.port.ac.uk/accesstoinformation/policies/accreditationofpriorlearning/filetodownload,19074

2,en.pdf

Policy for the Admission of applicants and students with a Criminal Conviction:

http://policies.docstore.port.ac.uk/policy-035.pdf

Admission and support of students under the Age of 18 Policy


All University-wide policies are available in the Document Warehouse at

www.port.ac.uk/accesstoinformation/policies.

*Please note: at the time of writing, a number of these policies are subject to review.If you have any queries

on these, or cannot find whatyouarelookingforpleasecontact AdrianParry,Director of Corporate Governance,

inthefirst instance, at [email protected].


http://www.port.ac.uk/departments/services/equalityanddiversity/downloads/filetodownload%2C192336%2Cen.pdf

http://www.port.ac.uk/departments/services/equalityanddiversity/downloads/filetodownload%2C192336%2Cen.pdf


http://www.port.ac.uk/accesstoinformation/policies/humanresources/equalityanddiversity/filetodownload%2C53697%2Cen.pdf



http://www.port.ac.uk/accesstoinformation/policies/accreditationofpriorlearning/filetodownload%2C190742%2Cen.pdf

http://www.port.ac.uk/accesstoinformation/policies/accreditationofpriorlearning/filetodownload%2C190742%2Cen.pdf



http://www.port.ac.uk/accesstoinformation/policies

mailto:inthefirstinstance%[email protected]

1

Fees and funding, and additional costs information for offer letters

Note: The purple text is indicating links to the pdf documents.

1. Home/EU/CI, Full-time, Undergraduate Applicants

Fees and funding

Your course tuition fee will be shown on the individual course pages, and in the Full-Time Tuition Fee

Schedule. The Department for Business Innovation and Skills (BIS) sets the maximum annual tuition fee

chargeable to full-time undergraduate students. These fees might increase annually subject to setting by

central government.

Tuition fees are charged after you have registered onto your course. You are required to pay, or settle, your

annual fee prior to the course start date. The Important Registration and Tuition Fee Information sheet tells

you ‘how’ and ‘when’ to pay your fees.

Some courses may charge additional study costs.

Further information on tuition fees and additional costs are available in the Tuition Fee Policy and Tuition Fee

Terms and Conditions.

You may be eligible for a University Bursary.

You may be eligible to apply for government tuition fee loan and living cost funding. This can be done at

Student Finance England (link to website https://www.gov.uk/apply-online-for-student-finance).

2. Home/EU/CI, Part-Time, Undergraduate Applicants

Fees and funding

Your course tuition fee will be shown on the individual course pages, and in the Part-Time Tuition Fee

Schedule. Part-time courses charge credit fees based on the standard study intensity of the course, pro-rata to

100% of the full-time equivalent fee. The Department for Business Innovation and Skills (BIS) sets the

maximum annual tuition fee chargeable to part-time undergraduate students. These fees might increase

annually subject to setting by central government.




Further information on tuition fees are available in the Tuition Fee Policy and Tuition Fee Terms and

Conditions.

You may be eligible for extra support.

You may be eligible to apply for government tuition fee loan support. This can be done at Student Finance

England (link to website https://www.gov.uk/apply-online-for-student-finance).

3. Home/EU/CI, Distance Learning Part-Time, Undergraduate Applicants

Fees and funding

Your course tuition fee will be shown on the individual course pages, and in the Distance Learning Tuition Fee

Schedule. Part-time courses charge credit fees based on the standard study intensity of the course pro-rata to

100% of the full-time equivalent fee. The Department for Business Innovation and Skills (BIS) sets the

http://www.gov.uk/apply-online-for-student-finance)

https://www.gov.uk/apply-online-for-student-finance

2

maximum annual tuition fee chargeable to part-time undergraduate students. These fees might increase

annually subject to setting by central government.






Conditions.

You may be eligible to apply for government tuition fee loan support. This can be done at Student Finance

England (link to website https://www.gov.uk/apply-online-for-student-finance).

4. Home/EU/CI, Full-time Postgraduate Taught Applicants

Fees and funding


Schedule. Fees are set internally and are subject to annual increase. Increases for future years are based on

the most current ‘RPI-X’ percentage change over 12 months’ rate available when setting the fees. You may be

eligible for a Tuition Fee Discount.








5. Home/EU/CI, Full-time Postgraduate Research Applicants

Fees and funding


Schedule. The Research Councils UK sets the maximum studentship fee. These fees increase annually in line

with the GDP deflator. You may be eligible for a Tuition Fee Discount.




Some courses may charge bench fees.




https://www.gov.uk/apply-online-for-student-finance

3

6. Home/EU, Part-time Postgraduate Taught and Postgraduate Research Applicants

Fees and funding









Conditions.


7. Home/EU, Distance Learning Postgraduate Taught Applicants

Fees and funding









Conditions.

8. International, Full-time, Undergraduate and Postgraduate Research Applicants

Fees and funding


Schedule. The tuition fee is subject to annual increases; these will be around 5%. Fees are available for the

next four years study on a course. You may be eligible for a Tuition Fee Discount.




If you are a self-paying student you will be required to pay a non-refundable deposit. Some undergraduate

courses may charge additional costs. Some postgraduate research courses may charge bench fees which you

will be notified in your offer.



4

9. International, Full-Time Postgraduate Taught Applicants

Fees and funding


Schedule. Fees are set internally and are subject to annual increase, Increases for future years are based on









10. International, Part-time, Undergraduate Applicants

Fees and funding

Your course tuition fee will be shown on the individual course pages, and in Part-time Tuition Fee Schedule.

The tuition fee is subject to annual increases; these will be around 5%.






11. International, Distance Learning, Undergraduate Applicants

Fees and funding

Your course tuition fee will be shown on the individual course pages, and in Distance Learning Tuition Fee

Schedule. The tuition fee is subject to annual increases; these will be around 5%.






12. International, Part-Time Postgraduate Taught and Postgraduate Research Applicants

Fees and funding





5






13. International, Distance Learning Postgraduate Taught Applicants

Fees and funding










Documents (available at www.port.ac.uk/tuitionfees)

Full-time Tuition Fee Schedule

Part-time Tuition Fee Schedule

Distance Learning Tuition Fee Schedule

International Undergraduate Tuition Fee Schedule

International Postgraduate Research Tuition Fee Schedule

Tuition Fee Policy

Tuition Fee Discounts

Tuition Fee Terms and Conditions

Undergraduate Additional Study Costs

Bursary (www. port.ac.uk/application-fees-and-funding/undergraduate-fees-and-funding/#university-

bursaries)

Postgraduate Additional Study Costs (not yet available)

Julie Holmes

September 2015

http://www.port.ac.uk/tuitionfees

http://www/

Document title

Policy for the Admission of Applicants and Students with a Criminal Record October 2013

Document author and department Responsible person and department

Cat Palmer, Faculty Adviser (External Examiners), Department of Student & Academic Administration

Rebecca Bunting, Deputy Vice-Chancellor, Directorate

Approving body Date of approval

Academic Council

12 November 2013, Min 19

Review date Edition no. ID code

October 2016

1

35

EITHER For public access online (internet)? Tick as appropriate

OR For staff access only (intranet)? Tick as appropriate

Yes ✓

Yes

For public access on request copy

to be mailed Tick as appropriate

Password protected Tick as appropriate

Yes ✓

No

Yes

No

✓

External queries relating to the document to be referred in the first instance to the University

Secretary: telephone +44 (0)23 9284 3195 or email [email protected]

If you need this document in an alternative format, please contact +44 (0)23 9284 5776.

The latest version of this document is always to be found at:

www.port.ac.uk/accesstoinformation/policies/academicregistry/

filetodownload,184164,en.pdf





UNIVERSITY OF PORTSMOUTH POLICY FOR THE ADMISSION OF APPLICANTS AND STUDENTS WITH A CRIMINAL RECORD OCTOBER 2013 3

Contents

Page no.

Summary .................................................................................................................................................................................................. 4

Background ............................................................................................................................................................................................. 4

Section A: Regulations on the admission of applicants with a criminal record ............................................................................ 4

Section B: Filtering rules for criminal record check certificates ..................................................................................................... 5

Section C: Procedures for the consideration of students/applicants who have declared a previous criminal conviction . 6

Section D: Professional courses and criminal record check certificates ....................................................................................... 8

Section E: Work schemes and voluntary placements ...................................................................................................................... 8

Section F: Registration ....................................................................................................................................................................... 9

Section G: Sensitive personal information and the Data Protection Act ........................................................................................ 9

Appendix A University guidance on criminal convictions ....................................................................................................................... 10

4 POLICY FOR THE ADMISSION OF APPLICANTS AND STUDENTS WITH A CRIMINAL RECORD OCTOBER 2013 UNIVERSITY OF PORTSMOUTH

Policy for the Admission of Applicants and Students with a Criminal Record

Summary

What is this Policy about? This Policy sets out the process which will be followed by the University of Portsmouth when considering applicants and students who have a criminal record. It explains the types of offence which need to be declared and how this declaration should be made, and the process the University will follow if this information is not disclosed in a timely manner.

Who is this Policy for? This document will be of most interest to applicants and students who have a previous criminal conviction. It will also be of interest to staff in academic departments who work with such applicants/students, to staff working in the University Admissions Centre (UAC), and to organisations which offer placements to University of Portsmouth students.

How does the University check this Policy is followed? Records of applicants who have declared a previous criminal conviction are maintained by UAC and are regularly updated in liaison with the Designated Officer (the Secretary to the Criminal Convictions Panel) to ensure that cases are proceeding in accordance with this Policy. Due to the highly confidential nature of the information gathered under this Policy, detailed records are held only in the Quality Management Division of The Department of Student & Academic Administration, by the Designated Officer, and disseminated only to members of staff directly involved in considering such cases.

Who can you contact if you have any queries about this Policy? If you have any questions about this Policy please contact the University’s Quality Management Division (QMD) at [email protected], marking your enquiry for the attention of the Designated Officer for the Criminal Convictions Panel.

Background

1. The University of Portsmouth introduced a Policy for the Admission of Applicants with a Criminal Record in 2001. This version of the

Policy was updated to reflect changes in UK legislation in July 2013 and was approved by Academic Council on 12 November 2013.

2. The Policy aims to be equitable to all applicants and to meet the legal obligations of the Rehabilitation of Offenders Act 1974 together

with those of the Data Protection Act 1998 and the Human Rights Act, and of the filtering rules for criminal record check certificates

introduced by the Disclosure and Barring Service (DBS) in June 2013, as set out in The Police Act 1997 (Criminal Record Certificates:

Relevant Matters) (Amendment) (England and Wales) Order 2013. Equally, the Policy seeks to give effect to the University’s duty of

care to all members of its community and to recognise obligations placed on the University by the Protection of Children Act 1999

and the Safeguarding Vulnerable Groups Act 2006.

Section A: Regulations on the admission of applicants with a criminal record

3. All applicants for admission to a course offered by the University must complete an approved application form.

4. The University of Portsmouth shall reserve the right to decline to admit an applicant to a programme unless they have fully completed

an approved application form.

5. The University shall consider taking disciplinary action in accordance with the code of misconduct and disciplinary procedures relating

to misconduct defined in the Code of Student Behaviour against any student if it discovers the application to have been based on or

to have included false or incomplete information.



6. All approved application forms shall include a question (hereafter referred to as ‘the question’) to the effect of ‘Do you have any

relevant criminal convictions?’ This shall require an answer of ‘yes’ or ‘no’ by means of ticking a box. This form of question is as per

the UCAS (Universities and Colleges Admissions Service) applicationform.

7. By relevant criminal convictions, the University means any convictions, cautions, admonitions, reprimands, final warnings, bind over

orders or similar involving one or more of the following:

• 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;

• offences listed in the Terrorism Act 2006.

If you have a conviction for an offence similar to the above for which you were convicted outside Great Britain, this counts as a

relevantcriminalconviction.Warnings, penalty notices fordisorder (PNDs), anti-social behaviourorders (ASBOs), criminal behaviour

orders (CBO) or violent offender orders (VOOs) are not classed as convictions, unless you have contested a PND or breached the

terms of an ASBO, CBO or VOO and this has resulted in a criminal conviction.

8. Convictions that are spent (as defined by the Rehabilitation of Offenders Act 1974) are not considered to be relevant unless the

application is to a course in teaching, health, social work, or involving work with children or vulnerable adults. Throughout this

Policy, courses in teaching, health, social work and courses involving work with children or vulnerable adults are referred to as

professional courses.

9. In cases of application to professional courses, applicants must disclose any criminal conviction, cautions (including verbal cautions),

bind over orders and absolute or conditional discharges, including spent sentences. Applications to such courses through UCAS,

GTTR (Graduate Teacher Training Registry) or the University’s online application form will require an answer to a separate question

about these types of convictions; for hard copy applications, the applicant will be contacted in writing by the University Admissions

Centre (UAC) for an answer to this question.

10. Under the national rules for filtering criminal record check certificates introduced in June 2013, certain convictions will be removed

from criminal record check certificates after a period of time. These rules, and their impact on students and applicants of the

University of Portsmouth, are explained in detail in Section B of this Policy. If there is any doubt regarding the applicability of these

rules to a particular conviction, applicants should declare their conviction as stated above. Failure to declare any conviction which

later appears on a criminal record check certificate will be treated as misconduct, as detailed in paragraph 5.

11. Where the University is made aware before the date on which the course commences that an applicant has a relevant criminal

conviction that should have been disclosed on application, or where a relevant conviction has occurred since the date of application

but before the date on which the course commences, the case must be referred to the designated officer who shall follow the

procedure from paragraph 31 onwards.

12. For the purposes of operating the Policy on admission of applicants with a criminal record, the designated officer is the Secretary to

the Criminal Convictions Panel, who is based in The Department of Student and Academic Administration.

Section B: Filtering rules for criminal record check certificates

13. In June 2013, revised national procedures were introduced that would see certain old and minor convictions and cautions ‘filtered’

(removed) from criminal record check certificates after a fixed length of time.

14. For convictions received when a person was 18 or over (referred to as ‘adult convictions’), a conviction will be filtered only if:

i) 11 years have elapsed since the date of conviction;

ii) it is the person’s only conviction; and

iii) it did not result in a custodial sentence.

Certain offences will not be filtered and will remain on a criminal record check certificate permanently. The list of offences that

will never be filtered from a criminal record check is available from the Disclosure and Barring Service website at www.gov.uk/

government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check.

15. A caution received when the person was 18 or over will not be disclosed if six years have elapsed since the date of issue and it does

not appear on the list of specified offences which must always be disclosed.

http://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check



16. For convictions received when a person was under 18 (referred to as ‘juvenile convictions’), a conviction will be filtered only if:

i) 5.5 years have elapsed since the date of conviction;

ii) it is the person’s only conviction; and

iii) it did not result in a custodial sentence.

Certain offences will not be filtered and will remain on a criminal record check certificate permanently. The list of offences that

will never be filtered from a criminal record check is available from the Disclosure and Barring Service website at www.gov.uk/

government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check.

17. A caution received when the person was under 18 will not be disclosed if two years have elapsed since the date of issue, but only if it

does not appear on the list of specified offences which must always be disclosed.

18. Convictions and cautions which are filtered under the above rules will not appear on an applicant’s criminal record check certificate

and thus will not be considered by the University when making a decision on an application. Where an applicant has declared a

conviction or caution which is later found to be filtered under these rules, the application shall be considered as if no conviction had

been declared.

Section C: Procedures for the consideration of students/applicants who have declared a previous criminal conviction

19. All applicants will receive guidance, either through UCAS/GTTR where the application is made via these routes, or from the

University in all other cases. The University guidance is presented at Appendix A. This University guidance is closely based on the

UCAS guidance.

20. All communications with applicants will be conducted in writing, either by letter or by email to the address provided by the applicant.

All communications with current students will be conducted in line with the University’s Student Communications Policy.

21. Where the University receives an application from a home student on which the question about relevant criminal convictions has not

been answered (and, for applications to professional courses, where the question about spent convictions and warnings has not

been answered), the University Admissions Centre (UAC) will contact the applicant to request an answer to the question(s).

22. If the applicant fails to respond after seven days, UAC will write to the applicant to inform them that their application will be withdrawn

unless a response is received within a further seven days. If a response has not been received after the full 14 days, the University will

not consider the application further and the applicant will be informed that their application is considered to be withdrawn.

23. If a home applicant has answered the question ‘yes’, UAC will write to the applicant in the first instance to ask the applicant to

confirm that they have answered the question correctly.

24. For international applicants, the steps in paragraphs 22 to 24 will be carried out by the designated officer.

25. During Clearing, the constraints of time will not permit the above procedure. Any applicant in this situation will, as part of their Offer

email, be required to provide details of their criminal conviction directly to the designated officer within 48 hours. The Policy will then

be followed as from paragraph 32 above.

26. Whoever is authorised to make Offers shall consider the application on academic grounds and should make a decision, which may

include inviting the applicant to interview.

27. If an applicant declares any previous criminal record during an interview, particularly in relation to an application for a professional

course, no details of the conviction should be taken by the interviewer and the Policy should be followed from paragraph 30 below.

28. If the applicant has declared a spent or non-relevant conviction and the decision is made to offer an alternative course, UAC will

inform the designated officer that a declaration is no longer required and the criminal conviction check can be cancelled (unless an

unspent or relevant conviction has also been declared).

29. If the decision is made to reject the application, the applicant shall be informed that this decision has not been influenced by the

declaration of a criminal conviction. This information should be sent either by the designated officer or by the Department/Faculty in

consultation with the designated officer.

30. If the decision is to admit the applicant, this decision should not be communicated to the applicant until the Criminal Convictions

Panel has made its decision.

31. When an applicant declares a previous criminal conviction, by any route, the application form and any related documentation shall be

straightaway sent to the designated officer. The designated officer shall write to the applicant requesting further details of the declared

criminal conviction, and any other related information deemed necessary by the Criminal Convictions Panel, and provide a date by

which this information should be provided.




32. If the applicant fails to respond by the date stated, the designated officer will write to the applicant to inform them that their

application will be withdrawn unless a response is received, and will give a further date by which the information must be supplied. If

no response is received by this date, the University will not consider the application further and the designated officer will write to the

applicant to confirm that their application is considered to be withdrawn.

33. On receipt of the applicant’s details, the designated officer shall refer all the information (including the application form, any

accompanying documentation and details of the nature of the offence(s) and conviction(s)) to the Criminal Convictions Panel (CCP), a

standing panel of senior staff.

34. The CCP shall consist of at least three senior members of staff, including at least one male and one female member of staff, together

with a student representative. In the case of an application to a professional course, a member drawn from the relevant profession

and normally external to the University will supplement the panel membership.

35. The CCP forms a judgement as to whether the admission of the student, in the light of all the known information, will:

i) constitute, or not constitute, on the balance of probabilities, an undue degree of risk to the safety and/or well-being of the student

and/or any other members of the University community that is inconsistent with the University’s duty of care;

ii) lead, or not lead, to the applicant qualifying for a profession where the nature of the offence(s) may prevent a person from being

registered with the relevantprofessional body;

iii) result, or not result, in the student undertaking a placement on a course in teaching, health, social work or on a course involving

work with children or vulnerable adults, where the nature of the offence(s) is likely to mean the student would not be offered

employment in that profession and that therefore the placement may not be offered without causing undue risk to the placement

provider’s duty of care and to the University’s future relationship with placement providers.

36. In reaching a judgement the CCP shall take into account the following:

i) whether the criminal record, on the balance of probabilities, is likely to constitute an undue degree of risk to the safety and/or well-

being of the student and/or any other members of the University community;

ii) the length of time since the offence(s) was committed;

iii) a statement of case from the student;

iv) the degree of self-awareness and contrition exhibited by the applicant;

v) whether the applicant has reoffended, and, if so, whether there is a pattern to the re-offences;

vi) whether the applicant’s circumstances have changed since the time of the offence(s);

vii) as appropriate to the circumstances of the case, statements from a probation officer or other suitable referee with regard to the

student’s suitability for a programme of study in Higher Education and any likely degree of risk to the student and to any other

members of the University community. For applicants to a professional course, the potential risk to any vulnerable people with

whom the applicant will come into contact during their proposed course of study will also be considered.

37. In reaching a decision, the CCP shall take whatever advice it considers appropriate.

38. The CCP shall communicate its decision, with reasons, to the designated officer.

39. If the decision is that admission of the applicant would on the balance of probabilities constitute an undue degree of risk to the

wellbeing and/or safety of the student and/or any other members of the University community then the designated officer shall write

to inform the applicant that their application is being rejected on these grounds.

40. If the decision is that admission would not constitute an undue degree of risk to the well-being and/or safety of the student and/or

any other members of the University community, and the course does not involve a placement on a professional course, but may lead

to the applicant qualifying for a profession where the nature of the offence(s) may prevent a person from being offered employment in

that profession, or from being registered with the relevant professional body, the designated officer shall write to inform the applicant

that the University is not prepared to admit them to their chosen course on these grounds. (Please see also Section D of this Policy

regardingcriminal recordscheck certificatesforprofessionalcourses.)

41. Where the decision of the Panel is that the University should not admit the applicant, for any of the reasons detailed above, the

applicant has a right of appeal to the Vice-Chancellor. On receipt of an appeal, the Vice-Chancellor shall take what steps (s)he

considers reasonable to deal with the appeal and shall take what advice (s)he considers appropriate.

If the decision is that admission would not constitute an undue degree of risk to the well-being and/or safety of the student and/

or any other members of the University community, does not lead to the possibility of qualifying for a profession where the nature

of the offence(s) may prevent a person from being registered with the relevant professional body, and will not result in the student

undertaking a placement on a course in teaching, health, social work or on a course involving work with children or vulnerable adults,

where the nature of the offence(s) is likely to mean the student would not be offered employment in that profession, then:

i) the designated officer shall write to inform the applicant of the decision of the CCP;

ii) the designated officer shall communicate the decision of the panel to UAC, who will proceed to make an offer in accordance with

the normal procedures.


Section D: Professional courses and criminal record check certificates

43. Students on professional courses are required to secure a criminal record check certificate (also referred to as a DBS (Disclosure and

Barring Service) disclosure) before being allowed to go out on placements or practice. Ideally, the disclosure should be a condition

of enrolment but in practice many applications are too late to allow sufficient time for such a disclosure to be requested and received

from the DBS before the start of the course.

44. DBS counter signatories keep a list of enrolled students and ensure that disclosures are recorded when presented to show that they

havebeenseen.

45. In consultation with the designated officer, each criminal record check certificate will be checked against the information previously

provided by the applicant.

46. If the information on the certificate matches that previously made known to the University and considered by the CCP then the matter

shall not be taken any further.

47. If the applicant has not yet enrolled and there is any mismatch between the certificate and the information provided by the applicant,

the matter shall be referred to the designated officer. The designated officer shall normally refer the matter to the CCP but may, if the

applicant is in receipt of a conditional offer where the condition relates to satisfactory disclosure, determine that the admissions officer

may withdraw the conditional offer.

48. If the applicant has enrolled, and is therefore a student of the University, and there is any mismatch between the disclosure and

the information previously made known to the University and considered by the CCP, then the matter and all supporting evidence

shall be referred to the CCP, via the designated officer. The designated officer will contact the student to request the completion of

a pro-forma with details of their offence(s), conviction(s), and reasons for the mismatch between the certificate and the information

provided at application.

49. The CCP will consider this pro-forma, along with any other relevant documentation, with a view to reaching one of two possible

outcomes:

i) that the conviction(s) and reasons for the mismatch are such that they should not prevent the student from continuing their course

of study;

ii) that the conviction(s) and reasons for non-disclosure are such that they raise reasonable doubt over the student’s fitness to

practice in the relevant profession, or may otherwise prevent the student from being offered employment in that profession, or from

being registered with the relevant professional body.

50. In the case of the first decision being reached, the CCP shall inform the designated officer of this decision, with reasons. The

designatedofficershall then:

i) write to inform the student of the decision of the CCP;

ii) communicate the decision of the CCP to the relevant academic department.

51. In the case of the second decision being reached, the CCP will refer the case to the relevant academic department for consideration

under misconduct and/or Fitness to Practice regulations.

52. If appropriate, the Head of Department shall prevent the student from attending on placement or practice whilst the CCP is

considering the case.

53. Failure to present a copy of the DBS certificate when requested by the authorised parties will be considered a serious matter, and will

result in a Withdrawal of Services being applied until this is received. In the case of continued failure to provide the DBS certificate, the

University reserves the right to exclude a student from their course of study under the Withdrawal of Services procedure.

Section E: Work schemes and voluntary placements

54. The University may offer students the opportunity to take part in various schemes which may involve working with children or

vulnerable people. These opportunities include formal schemes such as the Student Associate Scheme and Undergraduate

Ambassador Scheme, as well as voluntary work placements organised by the University. Students taking part in these schemes may

be required to secure a DBS disclosure in order to participate in these schemes.

55. The above procedure will be followed as closely as possible for students declaring a previous criminal conviction during their

application for a place on one of these schemes.


Section F: Registration

56. As part of the annual online registration process, students will be required to answer a question to the effect of ‘Have you had any

criminal convictions since your last registration?’. Only new convictions need to be declared at registration; pre-existing convictions

which were declared at application do not need to be declared again.

57. The designated officer shall contact all students who have provided a positive answer to this question, to ask for more details of the

conviction which has been declared.

58. If a positive answer was given in error, or the conviction declared is not considered relevant (as laid out in paragraph 7), the student’s

record shall be amended accordingly by the designated officer and no further action will be taken.

59. If the information provided by the student relates to a relevant conviction, the designated officer shall follow the Policy from

paragraph 33.

60. Failure to provide details of the declared conviction when requested by the designated officer will be considered a serious matter,

and will result in a Withdrawal of Services being applied until a response is received. In the case of continued failure to respond, the

University reserves the right to exclude a student from their course of study under the Withdrawal of Services procedure.

Section G: Sensitive personal information and the Data Protection Act

61. The designated officer shall keep a file of all correspondence and documentation relating to the admission decision. In the case of a

decision not to admit the applicant, the designated officer shall destroy the file six months after the date of the decision. In the case of

a decision to admit the applicant, the designated officer shall destroy the file forthwith. In all cases, the designated officer shall keep,

for seven years, a confidential file-note. This shall record brief details of the conviction(s) declared and the decision made by the CCP

relating to the admission of the applicant.


Appendix A

University guidance on criminal convictions

To help us ensure that the interests and safety of all members of the University community are safeguarded, we must know about any

relevant criminal convictions that an applicant may have. If you have a relevant criminal conviction, please tick the box. The information

that you provide will not affect the academic assessment of your application. However the University may want to consider the application

further or ask for more information before making a decision.

If you have a relevant criminal conviction that is not spent, please tick the box; otherwise leave it blank.

What is a relevant criminal conviction?

Relevant criminal offences include convictions, cautions, admonitions, reprimands, final warnings, bind over orders or similar involving one

or more of the following:

• 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.

• Offences listed in the Terrorism Act 2006.

If your conviction involved an offence similar to those set out above, but was made by a court outside of Great Britain, and that conviction

would not be considered as spent under the Rehabilitation of Offenders Act 1974, you should tick the box.

Warnings, penaltynotices for disorder (PNDs), anti-social behaviour orders (ASBOs) orviolentoffender orders (VOOs) are notclassed as

convictions for the purpose of this section, unless you have contested a PND or breached the terms of an ASBO or VOO and this has

resulted in a criminal conviction.

What does ‘spent’ mean?

If a person does not re-offend during their rehabilitation period, their conviction becomes ‘spent’ (as defined by The Rehabilitation of

Offenders Act 1974). Convictions that are spent are not considered to be relevant and you should not reveal them. You should note that

certain offences are neverspent.

If you are convicted of a relevant criminal offence after you have applied, you must tell us. Do not send details of the offence;

simply tell us that you have a relevant criminal conviction. The University will then ask you for more details.

University of Portsmouth Department of Student & Academic Administration University House Winston Churchill Avenue Portsmouth PO1 2UP United Kingdom

T: +44 (0)23 9284 3436 F: +44 (0)23 9284 3082 E: [email protected] W: www.port.ac.uk


http://www.port.ac.uk/

MD9404 0814

August 2013

Document title

Equality and Diversity Policy Statement August 2013


Dave Small, Equality and Diversity Manager, Human Resources

Dr David Arrell, Pro Vice-Chancellor, Directorate


Human Resources Committee Approved at VCE on 13 August 2013, for submission to Human Resources Committee on

20 November 2013


August 2016

4

27



Yes ✓

Yes


to be mailed

Tick as appropriate

Password protected

Tick as appropriate

Yes ✓

No

Yes

No

✓





www.port.ac.uk/accesstoinformation/policies/ curriculumandqualityenhancement/studentadviceservices/




http://www.port.ac.uk/accesstoinformation/policies/curriculumandqualityenhancement/studentadviceservices/filetodownload%2C13937%2Cen.pdf



UNIVERSITY OF PORTSMOUTH EQUALITY AND DIVERSITY POLICY STATEMENT AUGUST 2013 3

Equality and Diversity Policy Statement

Opportunities and challenges

The University recognises Portsmouth and the region as an increasingly diverse and vibrant part of the United Kingdom. We are committed

to supporting this richness and complexity while creating an environment where people can work, learn, visit and live with each other with

respect and dignity.

We recognise that this wealth of diversity brings both opportunities and challenges for all. In our work to create a world-class University, we

aim to support the needs of all members of our community and achieve the highest possible standards in education delivery, employment

practices and decision-making.

As an influential education service provider and employer, we must contribute to an inclusive and integrated Portsmouth and ensure that

we create strong alliances and partners at all levels. We promote equality and diversity whenever possible to support all our communities

in realising their full potential. To achieve this, we seek to work with all sectors, voluntary, public and private, to maximise and diversify our

efforts.

The University is committed to working in an inclusive way with all the communities in which we are geographically located, and to develop

a workforce and student community that reflects Portsmouth’s and the region’s rich diversity and vibrancy.

Defining equality and diversity

These terms are often used interchangeably. Equality is about fairness. It underpins and is at the heart of all that we are and all that we

do. Equality goes well beyond just equal opportunities. To tackle traditional disadvantage and exclusion we aim to embed equality across

all aspects of our work. This includes a commitment to having services that are of equal value to everyone, and recognise that this might

mean different services to suit diverse needs. The word ‘diversity’ means a range of difference. We want to acknowledge and value this

range of difference, whether in individuals, groups or in communities.

As an employer, we aim to recruit, train, develop and support staff fairly. We want to have a culture of learning and of sharing good practice.

We welcome different perspectives, skills and backgrounds.

We recognise that equality issues are complex and straddle more than just those equality strands that protect particular groups in equalities

legislation: race and ethnicity, disability, gender, sexual orientation, religion or belief and age. Life circumstances and opportunities also

affect us and we need to take account of issues such as cultural and economic background, access to education, physical and social

environment, and health.

Executive summary

Equality and diversity underpins all of our work and is at the heart of what we are and what we do. Our commitment goes beyond the legal requirements of equalities legislation.

The Policy Statement gives a clear direction to all and will help us to continue to value all members of our community, be they staff, students, contractors and visitors, as well as the wider community. This will be achieved by providing a fair, supportive and discriminatory-free environment that promotes equality of opportunity and values diversity.

We believe this can be done through creating mutual understanding and a learning environment based on respect and celebrating differences between individuals, as well as utilising their talent and experiences.

4 EQUALITY AND DIVERSITY POLICY STATEMENT AUGUST 2013 UNIVERSITY OF PORTSMOUTH

A leader on equality and diversity

The University believes it has a community leadership role and duty in promoting excellence in equality and diversity practice. This goes

beyond compliance with the equality legislation to use innovation and creativity to nurture the development of best practice.

The University is a valuable community partner because of its diversity mix, and its leading role as an employer and education service

provider.

We intend to promote equality and prevent discrimination through our roles as:

• an Education Service provider;

• employer; and

• community partner.

We will follow best practice in all equality areas and work to:

• eliminate unlawful discrimination;

• promote equality of opportunity;

• eliminate bullying and harassment;

• promote good relations between different groups in the community;

• celebrate what we have in common and capitalise on our diversity; and

• recognise and take account of people’s differences.

Meeting our commitment

We know that words are not enough. We need to put our commitment into action. The University will:

• Lead from the top. The Board of Governors and the Senior Management Team will take an active role in mainstreaming equality and

diversity in all areas of work. The University has a Pro Vice-Chancellor with responsibility for equality and diversity, who is part of the

Senior Management Team.

• Comply with the spirit and the letter of equalities legislation.

• Equality Analysis (EqA) assess newand existingstrategies, policies, practices, procedures, programmes, projects, services and

decisions.

• Monitor and review our work in order to be alerted to any unfairness.

• Learn from complaints.

• Encourage and support the development of innovative projects that promote equality of opportunity.

• Work with our communities to ensure that their needs are taken into account in planning services.

• Create partnerships and alliances across the city and region to ensure that all sectors benefit from the University’s activities and services

in the community.

• Share good practice and joined-up thinking with other agencies.

• Foster greater understanding and trust with the different equality groups and communities.

• Treat everyone fairly and with respect.

Valuing our workforce

The University wants to deliver an innovative, effective, and value-for-money service. This is not possible without investment in our

employees. To recruit and retain a motivated and professional workforce which reflects the local diversity and beyond, we will:

• Ensure our human resources policies are fit-for-purpose and review them regularly.

• Act robustly to challenge and eliminate prejudice, bullying or harassment.

• Support recognised trade unions and staff forums.

• Regularly review our workforce monitoring figures and take action where appropriate.

• Use a variety of different methods to attract and retain staff from all equality backgrounds.

• Complywith allequalities-related employmentlegislation.

• Make reasonable adjustments for staff with particular needs.

UNIVERSITY OF PORTSMOUTH EQUALITY AND DIVERSITY POLICY STATEMENT AUGUST 2013 5

• Train staff in equality and diversity issues to enable them to carry out their jobs in a way that reflects the ethos of the organisation.

• Encourage open, honest discussion about issues which support personal development and a learning culture.

• Continue to develop a workforce that is reflective of the diversity mix of the area.

Valuing our students

The University wants to provide an effective and world-class learning and teaching environment for all our students, whatever their

backgrounds. In order to do this we will:

• Ensure our student policies are fit-for-purpose and review them regularly.

• Act robustly to challenge and eliminate prejudice, bullying or harassment.

• Support the Students’ Union and other representative forums.

• Regularly review our student monitoring figures and take action where appropriate.

• Use a variety of different methods to attract and retain students from all equality backgrounds.

• Comply with all equalities-related legislation.

• Make reasonable adjustments for students with particular needs.

• Encourage open, honest discussion about issues which support students’ educational attainment and a learning culture.

• Continue to develop a student community that is reflective of the diversity mix of the area and beyond.

Contacting us

If you are interested in finding out more about the University or would like to look up job opportunities at the University, please look on our website at www.port.ac.uk.

If you have a comment about this Statement or general equality and diversity issues, please contact:

Equality and Diversity Manager

E: [email protected] T: 023 9284 5774



University of Portsmouth Department of Human Resources University House Winston Churchill Avenue Portsmouth PO1 2UP United Kingdom




MD8511 1013

L:\Directorate\Sally\22 LEGAL\22.13 Rolling Review of Policies\Webnote Race Equality Policy 2010

UNIVERSITY SECRETARY

RACE EQUALITY POLICY 2010

The University's Race Equality Policy was reviewed and had an equality impact assessment

during the academic year 2009/2010.

At its meeting on 22 November 2010, HR Committee of Governors approved the University

Single Equality Scheme 2010 - 2013 to replace existing equality schemes including the Race

Equality Policy. The Single Equality Scheme can be found at:

http://www.port.ac.uk/departments/services/equalityanddiversity/downloads/filetodownload,1

19519,en.pdf

That means that we no longer have a stand-alone Race Equality Policy.

Copies of the Race Equality Policy can be obtained from the Equality and Diversity Archive

at: www.port.ac.uk/departments/services/equalityanddiversity/policiesreports/

Should you have any queries or require any further information, please contact the Equality

and Diversity Unit at [email protected]

Sally Hartley

University Secretary and Clerk to the Board of Governors

24 November 2010

http://www.port.ac.uk/departments/services/equalityanddiversity/downloads/filetodownload%2C1

http://www.port.ac.uk/departments/services/equalityanddiversity/policiesreports/


L:\Directorate\Sally\22 LEGAL\22.13 Rolling Review of Policies\Webnote Race Equality Policy 2010


RACE EQUALITY POLICY 2010

The University's Race Equality Policy was reviewed and had an equality impact assessment

during the academic year 2009/2010.


Single Equality Scheme 2010 - 2013 to replace existing equality schemes including the Race

Equality Policy. The Single Equality Scheme can be found at:


19519,en.pdf

That means that we no longer have a stand-alone Race Equality Policy.

Copies of the Race Equality Policy can be obtained from the Equality and Diversity Archive

at: www.port.ac.uk/departments/services/equalityanddiversity/policiesreports/



Sally Hartley


24 November 2010




L:\Directorate\Sally\22 LEGAL\22.13 Rolling Review of Policies\Webnote Disability Equality Scheme


DISABILITY EQUALITY SCHEME 2009 - 2012

The University's Disability Equality Scheme was reviewed and had an equality impact

assessment during the academic year 2009/2010.


Single Equality Scheme 2010 - 2013 to replace existing equality schemes including the

Disability Equality Scheme. The Single Equality Scheme can be found at:


19519,en.pdf

That means that we no longer have a stand-alone Disability Equality Scheme.

Copies of the Disability Equality Scheme can be obtained from the Equality and Diversity

Archive at: www.port.ac.uk/departments/services/equalityanddiversity/policiesreports/



Sally Hartley


24 November 2010




L:\Directorate\Sally\22 LEGAL\22.13 Rolling Review of Policies\Webnote Gender Equality Scheme

UNIVERSITY OF PORTSMOUTH

GENDER EQUALITY SCHEME 2010

The University's Gender Equality Scheme was reviewed and had an equality impact

assessment during the academic year 2009/2010.


Single Equality Scheme 2010 - 2013 to replace existing equality schemes including the

Gender Equality Scheme. The Single Equality Scheme can be found at:


19519,en.pdf

That means that we no longer have a stand-alone Gender Equality Scheme.

Copies of the Gender Equality Scheme can be obtained from the Equality and Diversity

Archive at: www.port.ac.uk/departments/services/equalityanddiversity/policiesreports/



Sally Hartley


24 November 2010




May 2013

Document title

Anti-Bullying and Harassment Policy May 2013


Dave Small, Equality and Diversity Manager, Human Resources

Dr David Arrell, Pro Vice-Chancellor, Directorate


Human Resources Committee

22 May 2013, Min 44.2


May 2016

3

7



Yes ✓

Yes




Yes ✓

No

Yes

No

✓





www.port.ac.uk/accesstoinformation/policies/humanresources/




http://www.port.ac.uk/accesstoinformation/policies/humanresources/filetodownload%2C13116%2Cen.pdf


UNIVERSITY OF PORTSMOUTH ANTI-BULLYING AND HARASSMENT POLICY MAY 2013 3

Contents

Page no.

Foreword .................................................................................................................................................................................................. 4

Policy Statement ...................................................................................................................................................................................... 4

Scope of the Policy ................................................................................................................................................................................. 5

Responsibilities ....................................................................................................................................................................................... 5

What is harassment, bullying and victimisation? ................................................................................................................................. 5

Harassmentt ..................................................................................................................................................................................... 6

Bullying ............................................................................................................................................................................................. 6

Victimisation ..................................................................................................................................................................................... 7

Electronic and telephone bullying or harassment ............................................................................................................................. 7

Procedures for dealing with bullying or harassment ........................................................................................................................... 7

Confidentiality ................................................................................................................................................................................... 7

Record keeping ................................................................................................................................................................................ 8

Informal procedure: students ............................................................................................................................................................ 8

Formal procedure: students .............................................................................................................................................................. 8

Informal procedure: staff ................................................................................................................................................................... 8

Formal procedure: staff .................................................................................................................................................................... 8

Sanctions ................................................................................................................................................................................................. 9

What if I am accused of bullying or harassment? ................................................................................................................................ 9

Complaints involving third parties ......................................................................................................................................................... 9

Malicious complaints .............................................................................................................................................................................. 9

Training ............................................................................................................................................................................................................... 9

Monitoring/Equality analysis ................................................................................................................................................................. 10

Related policies and procedures .......................................................................................................................................................... 10

Equality objectives ................................................................................................................................................................................. 10

Appendix A Sources of advice and support .................................................................................................................................... 11

Appendix B Types of harassment ..................................................................................................................................................... 13

Appendix C Summary of anti-bullying and harassment procedure – for staff .............................................................................. 14

Appendix D Overview of staff, formal and informal procedure ...................................................................................................... 15

Appendix E Summary of anti-bullying and harassment procedure – for students ...................................................................... 16

4 ANTI-BULLYING AND HARASSMENT POLICY MAY 2013 UNIVERSITY OF PORTSMOUTH

Anti-Bullying and Harassment Policy

Foreword

This Policy sets out the University’s commitment to tackling all forms of bullying and harassment and other unacceptable behaviours. It is part of the University’s overall approach to ensuring that we treat each other with dignity and respect.

The Policy gives a clear direction to all and will help us to continue to value all members of our community by providing a fair, supportive and discrimination-free environment that promotes equality of opportunity for staff, students and others and values diversity.

The Policy has been developed in partnership with the recognised trades unions, staff forums and student representatives. The aim of all involved has been to ensure that everyone feels they are treated with dignity and respect. Ensuring we all understand the University’s expectations of our behaviour is a first step towards that.

I welcome the Policy and give my commitment that the University will support its principles and continue to work to ensure that these are delivered throughout the organisation.

John Craven Vice-Chancellor

Policy Statement

A safe working and educational environment depends on more than the behaviour of individuals. The University will focus on the prevention

of bullying and harassment through the development of a work and study culture in which relationships are characterised by dignity and

respect as well as tackling inappropriate behaviour. The University is committed to building a safe work and study environment in which

both staff and students feel confident to raise concerns.

All University staff, students, visitors, contractors and sub-contractors have a personal responsibility for their own behaviour and for

reporting any incidents of bullying or harassment they are aware of.

The University fully supports the right of all people to be treated with fairness, dignity and respect. It is committed to fostering an

environment that values the diverse nature of its community, and where its staff, students, visitors and contractors can work, learn and visit

free from intimidation, aggression, coercion and victimisation. The University will not tolerate bullying and harassment as it recognises that

such behaviour is unacceptable, discriminatory and may also be unlawful. If bullying and harassment are not tackled, consequences for the

individual, and also the University, caninclude:

• poor performance, accidents and lower productivity;

• increased absence and ill-health, particularly stress-related;

• people leaving the University including withdrawal from courses; and

• complaints to courts and Employment Tribunals, resulting in financial costs and damage to the University’s reputation and image.

The aim of the Policy is to be a part of the process of stopping bullying and harassment. The University recognises that in most cases

the best and most desirable resolution for all those involved is through informal action. All allegations will be taken seriously and treated

sensitively. They will be investigated promptly and a speedy resolution sought. Appropriate action, which may include disciplinary action, will

be taken where a formal allegation of bullying and harassment has been upheld. This may lead to dismissal or exclusion from the University.


Scope of the Policy

This Policy sets standards for conduct between all those who work and study at the University including staff, students, visitors, contractors

and sub-contractors.

Information is provided about how to complain and seek resolution either informally or formally about inappropriate behaviour such as

bullying or harassment.

Examples are provided about what constitutes bullying or harassment and the responsibilities of all parties are explained.

This Policy does not deal with physical violence against staff or students. Physical attacks should be reported immediately to the police.

Staff or students who are studying or working under agreement with a partner organisation must raise any allegations of bullying

or harassment within the scope of the partner organisation’s policies and procedures and allow any action to be taken under that

organisation’s own policies and procedures. If you need further advice and support staff should contact Human Resources and students

should contact a harassment Adviser or the Union Advice Officer.

Responsibilities

This Policy incorporates the requirement set out in the following legislation:

• Equality Act2010

• The Protection from Harassment Act 1997

• Health and Safety Act 1974

• Malicious Communications Act 1998

• Telecommunications Act 1984

All University staff, students and contractors have a personal responsibility for their own behaviour and for reporting any incidents of bullying

or harassment they are aware of. They are also responsible for ensuring they are fully aware of the requirements and implications of this

Policy. The Pro Vice-Chancellor with responsibility for Human Resources and Equality and Diversity is responsible to the Vice-Chancellor for

ensuring that this Policy is implemented and monitored. Ultimately, the Board of Governors is accountable for ensuring that the University

complies with all legislative requirements.

All managers, as part of their managerial responsibilities, have a particular responsibility. Where bullying or harassment is brought to the

attention of a manager they must take appropriate action. Managers have a legal obligation to eliminate harassment of which they are, or

should be,aware.

Managers are themselves expected to demonstrate, and act as a role model for high standards of behaviour which support a culture of

dignity andrespect.

Managers have a duty of care to their staff and should formally refer to Occupational Health, via the Management Referral process, any

member of staff if the health of that member of staff is being affected by the situation.

All members of the University community are expected:

• to treat everyone with respect and dignity;

• not to discriminate against others or incite others to behave in discriminatory ways;

• not to harass, abuse or intimidate others;

• not to victimise or attempt to victimise anyone who has made a complaint(s) of bullying or harassment or provided information on

bullying or harassment; and

• to take appropriate action where they are informed, or are aware of, that an act or acts of bullying or harassment have occurred.

What is harassment, bullying and victimisation?

This section defines the terms ‘harassment’, ‘bullying’ and ‘victimisation’, and provides some examples of each form of behaviour to

enable staff to make informed judgments about whether a particular type of behaviour falls within the scope of this Policy. It is recognised

that there can often be a significant amount of overlap between these different types of behaviour. If someone feels they have experienced

harassment, bullying or victimisation, but are unsure of which definition is the most appropriate, they should seek advice and not be

deterred from reporting it.


Harassment

Equality Act 2010 – outlines three definitions of harassment:

• unwanted conduct that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading,

humiliating or offensive environment for a person that is related to age, disability, gender reassignment, race, religion or belief, sex

orsexualorientation;

• unwanted conduct of asexual nature (sexual harassment);

• treating a person less favourably than another person because they have been the subject of, or have reacted to, sexual harassment or

harassment related to sex or gender reassignment.

The Equality Act protects a person from harassment in relation to:

• Perception of their personal identity – for example, Jim is 45 but looks younger, he is not allowed to represent the University at a

conference because the Dean thinks he is too young.

• Association with someone who has a protected characteristic – for example, harassment because a friend or close relative is disabled or

transgender.

• The right to complain of behaviour they find personally offensive even when they are not the target of that conduct – for example a male

worker can complain about sexist remarks or jokes that are made about a female colleague (whether or not she is present when the

remarks are made).

• Conduct related to a relevant protected characteristic not necessarily because of a person’s identity. For example, Julian is not very

popular and is continually being called gay and other related names by some of his workmates. Although Julian is heterosexual and

everyone knows this, he would still be able to claim harassment related to sexual orientation.

The Protection from Harassment Act 1997 defines harassment as repeated behaviour that causes ‘alarm or distress’. Its main purpose is to

protect people from what is popularly known as ‘stalking’ by making it a criminal offence. An example of this could be if a student persisted

in sending emails to another student, or member of staff, that asserted a close, personal relationship that did not exist and that the recipient

found distressing. In such cases, the University may report the matter to the police immediately.

Harassment can take many forms – occurring in face-to-face settings, by telephone, or in written or electronic communications. The list is

by no means exhaustive but sets out to provide examples of behaviour that can amount to harassment:

• Unwelcome physical contact ranging from invading someone’s ‘personal space’ where this is unnecessary, touching or brushing against

another person’s body, to physical assault, or coercing sexual intercourse.

• Unwanted verbal conduct. Includes making remarks and comments about staff or students’ appearance, lewd comments, sexual

advances, innuendo and banter, offensive or stereotypical comments, jokes or songs, making threats or patronising comments, for

example repeatedly drawing attention to a person’s disability.

• Intrusive questioning. This may include gossip, as well as questions, about a person’s sexual orientation, their sex life, or religious beliefs.

This could be directly with the person or in discussions with others.

• Unwelcome written or visual communications, including unwelcome emails, notes or pictures, displaying or sending pornographic

material.

• Use of cyber or social media sites such as Twitter, Facebook etc. to ridicule, harass or bully.

• Non-verbal conduct, such as making abusive or offensive gestures.

• The deliberate exclusion of an individual from work-related activities, including social activities related to work, or conversations in which

they have a right or legitimate expectation to participate.

• Other forms of oppressive or intimidatory behaviour that are somehow related to a personal characteristic, such as outing someone as

gay without their permission.

Bullying

Bullying is not defined by law. However, it shares many characteristics with harassment except that it is not equality related. The University

defines bullying as: offensive and unwanted behaviour, which violates a person’s dignity, or creates an intimidating, hostile, degrading,

threatening or offensive environment or which humiliates or undermines an individual or group. Bullying can be carried out by an individual

or group of people and can involve the abuse of authority.

Examples of being bullied include:

• being shoutedat;

• being humiliated in front of colleagues or other people;

• being criticised in an inappropriate manner or belittled about one’s work, personality or personal appearance;

• beingpersistently ignored or isolated/excluded;


• being pressurised by a group into behaviour/actions against ones wishes;

• inappropriate use of BCC and CC on emails;

• use of social media to bully, harass or intimidate.

It is important to make a distinction between bullying and firm management – where a manager or other employee, such as a tutor, is

carrying out their job properly and fairly. Managers should always consider their tone and ensure they treat staff with dignity and respect.

Victimisation

Staff with a grievance may sometimes complain that they are being ‘victimised’ in some way. However, victimisation within the scope of this

Policy has a very specific meaning. It involves treating someone less favourably than other people because they have:

• made a claim of harassment or bullying under the Policy;

• suggested or complained that, in some way, they may have been discriminated against, or that the University’s equality policies have, or

may have been breached in some way; or

• helped someone else to make a claim, perhaps by providing evidence or some other form of support to that person.

Victimisation is entirely unacceptable behaviour which can have a profound effect upon the working environment and lead to a reluctance to

reportdiscrimination, harassmentandbullying.

The need to tackle bullying and harassment should not stop welcome banter and good humour amongst colleagues and students.

However, where such behaviour is unwanted or causes offence, it is unacceptable.

The prevention of bullying and harassment includes showing common courtesy, dignity and respect for others, and avoiding behaviour that

makes anyone feel uncomfortable, degraded, upset or victimised.

Bullying and harassment can occur for a wide variety of reasons, not just those listed above, and can happen to anyone. A person being

bullied or harassed may not know the precise reason. This makes no difference to their feeling of being bullied or harassed. Ultimately, it is

the recipient’s feelings which count. Bullying and harassment are listed specifically as examples of misconduct in the Disciplinary Procedure.

Electronic and telephone bullying or harassment

The University recognises that bullying and harassment can take place through, for example, email (direct or indirect via copying in),

internet, intranet, mobile telephones, text messages, telephones or other forms of electronic communication and social media. Indecent,

threatening or offensive emails or phone calls may not only be bullying or harassment but also potentially a matter for disciplinary action.

Theymayalsobreachthe University’s Email Policy.

Procedures for dealing with bullying or harassment

If you think that you are being bullied or harassed, do not feel that it is your fault or that you have to tolerate it. Action may be taken in a

number of ways which include both informal and formal procedures.

Attempts should be made to resolve any complaints rapidly and informally, wherever possible, as this can lead to the behaviour stopping

and resolution for all concerned.

It is important to note that the person who makes a complaint is usually the recipient of the behaviour complained of, but that may

not always be the case. The complainant can also be someone who has direct or sufficient knowledge of the behaviour to enable a

complaint to be raised. For example, if they have overheard racist or sexist language which, while not directed at them, caused them

offenceand distress.

Members of staff who feel that their health is being affected by bullying or harassment are encouraged to refer themselves to Occupational

Health for confidential help and support. Contact details for Occupational Health staff are in the Sources of advice and support section in

Appendix A. Other sources of support if your health is suffering include Right Management (Employee Assistance Programme) for members

of staff and Counselling services for students (see Appendix A) or your own GP.

Confidentiality

Any student or member of staff involved in the informal or formal procedures covered here is expected to keep information confidential.

Only those who need to know should be informed because they have a role in providing support or progressing action to stop the

bullying or harassment. This is to protect the confidentiality of the person making the complaint, as well as the reputation of the person

being complained about. If it is felt that the safety of an individual(s) is at risk of serious harm, confidentiality in these circumstances may

be overridden by a duty of care and legal obligations to disclose. Unjustified failure to maintain confidentiality will itself be regarded as a

disciplinary offence.


Record keeping

If you are being bullied or harassed it is a good idea to keep a note, including dates and times and a description of the behaviour and its

impact on you. This can include changes to your work, study or home/social life as a result of the behaviour. The details of any witnesses to

the incident(s) should also be included. Copies of relevant paper or electronic documents should also be kept.

Managers and other staff who are told by colleagues or students of bullying or harassment should ensure appropriate records are kept.

Informal procedure: students

If you are concerned about a person’s behaviour towards you, try to approach them directly giving as full details of your complaint as

possible to make it easier for them to understand why you are upset, offended or angry. If you need support to do this you can ask an

Harassment Adviser, the Union Advice Officer or someone else from the Sources of advice and support list in the Appendices to help you.

You can meet with the person on your own or with someone to support you. Alternatively you can write to them, explaining what they did

or omitted to do that upset you and asking them not to do it again. In doing this, clearly explain what it was that specifically upset you, what

the consequence and impact is on you, and what you would like to happen moving forwards.

You can ask a member of University staff to intervene on your behalf. If you emphasise that you wish to resolve the situation informally, they

will make every effort to do so. If they feel that they have to take more formal action, they will not do so without discussing it with you.

However, if the behaviour persists, or if it is so serious that you feel it is not appropriate to use informal methods, then you can use the

formal procedure to try and get the situation resolved.

Formal procedure: students

A formal complaint about a member of staff should be made following the Students Complaints Procedure, by writing to the Student

Complaints Officer using the contact details in the Sources of advice and support list in the Appendices. Further information on making a

formal complaint can be found in the Student Complaints Procedure.

A formal complaint about a fellow student should be made under the Code of Misconduct in the first instance to the relevant Head of

Department/School as set out in section 3 of the Code of Student Behaviour.

Informal procedure: staff

If you are concerned about a person’s behaviour towards you, try to approach them directly giving as full details of your complaint as

possible to make it easier for them to understand why you are upset, offended or angry. If you need support to do this you can ask a

Harassment Adviser, your trade union representative or someone else from the Sources of advice and support list in the Appendices to

help you.

You can meet with the person on your own or with someone to support you. Alternatively you can write a letter to them, explaining what

they did or omitted to do that upset you and asking them not to do it again. In doing this clearly explain what it was that specifically upset

you, what the consequence and impact is on you and what you would like to happen moving forwards.

You can ask your manager to intervene on your behalf (or a more senior manager if it is your manager who is bullying or harassing you).

If you stress that you wish to resolve the situation informally, they will make every effort to do so. If they feel that they have to take more

formal action, they will not do so without discussing it with you.

However, if the behaviour persists, or if it is so serious that you feel it is not appropriate to use informal methods, then you can use the

formal procedure to resolve the situation.

Formal procedure: staff

If at all possible you should approach a suitable manager to complain about bullying or harassment, whether it is by a colleague, manager

or student. It is the responsibility of University managers to investigate any incidents of bullying or harassment that are brought to their

notice. See the Investigation Guidelines.

This may lead to the use of the University’s Disciplinary Procedure. If it is your line manager who is bullying or harassing you, then raise this

with your manager’s line manager or contact a member of staff in Human Resources for advice.

If you have brought it to the notice of management and feel they have not taken appropriate action, you can raise the issue using the

University’s Grievance Procedure. If you wish to raise a grievance regarding the outcome of an investigation into an allegation of bullying or

harassment, it will commence at step 3 of the Grievance Procedure as a first formal investigation will have already been completed under

the Anti-Bullying and Harassment process. However, you cannot use the Grievance Procedure if a disciplinary investigation as a result of a

complaint by you is already underway. If you need further clarity or advice contact a member of staff in Human Resources.

http://www.port.ac.uk/accesstoinformation/policies/universitysecretarysoffice/filetodownload%2C169942%2Cen.pdf


http://www.port.ac.uk/intranet/humanresources/conditionsofemployment/policiesandprocedures/filetodownload%2C105445%2Cen.pdf


A formal complaint about a student should be made under the Code of Misconduct in the first instance to the relevant Head of Department/ School as set out in section 3 of the Code of Student Behaviour. This is also available in hard copy from your department.

Where it is felt important, due to staff or student perceptions of the objectivity of those involved in an investigation, a manager from another

department or an external consultant may be assigned or requested by you. Agreement from the Director of Human Resources is needed

in suchcases.

If, after following all the internal procedures, you remain dissatisfied you may be able to seek a legal remedy via the courts. However, you

should note that there are time limits within which complaints should normally be lodged. In these circumstances you may wish to seek

independent legal advice.

Sanctions

Bullying and harassment potentially constitute gross misconduct and, therefore, if a complaint is upheld it could lead to the dismissal of a

member of staff or the exclusion of a student. Where dismissal or exclusion are not considered appropriate, the implications for continued

work and study relationships will be given serious consideration by the Director of Human Resources (staff) or the Academic Registrar

(students) and appropriate action taken.

The University will not move the person who has complained of bullying or harassment in this case, unless it is at their request. If it is felt

advisable to separate the two parties, consideration will be given to appropriate action that provides a safe inclusive working and learning

environmentforallconcerned.

What if I am accused of bullying or harassment?

If you are accused of bullying or harassment you should seek advice and support from appropriate sources listed in Appendix A. This could

be the HR Department, the Harassment Adviser Network or your trade or student union. If the person you seek advice or support from is

involved in the investigation, they will refer you to another source of help.

Complaints involving third parties

Complaints of bullying or harassment made by someone other than a member of the University community, against staff or students, will be

dealt with under the appropriate University policy, such as the Complaints Policy for Members of the Public.

Malicious complaints

The University takes seriously accusations of bullying and harassment. If an individual brings a complaint that is found to be mischievous

or malicious then appropriate action will be taken. This may include disciplinary action. The mere fact that a complaint is not found to be

justified does not mean it has been made in bad faith.

Training

To ensure this Policy is effective, training will be provided for all staff that have a specific responsibility for implementation including

dealing with complaints that arise. In addition, all students and staff have access to an elearning diversity resource that covers bullying

and harassment.

Information relating to Management and Staff Development is also available in hard copy from the Management and Staff

Development Department within Human Resources.

Relevant training includes:

• training for managers on dealing with issues of bullying and harassment via the Management Development Programme;

• training for investigators on complaints and use of the Grievance and Disciplinary Procedures by Human Resources;

• training on handling student complaints by the Student Complaints Officer;

• training for Governors and senior managers on hearing appeals by Human Resources or the Equality and Diversity Adviser;

• training on issues of bullying and harassment in all induction programmes;

• training for all advisers on the Harassment Adviser Network;

• training by the Equality and Diversity Adviser or external providers for staff teams where there have been incidents of bullying or

harassment; and

• training provided independently by the recognised trades unions.


http://www.port.ac.uk/departments/services/equalityanddiversity/equalityanddiversitytraining/elearningresource/

http://www.port.ac.uk/departments/services/humanresources/managementandstaffdevelopment/


Monitoring/Equality analysis

Monitoring and equality analysis is an important way of finding out whether the measures taken by the University to tackle bullying and

harassment are effective. Information on the prevalence and distribution of bullying and harassment will be collected via anonymous staff

and student surveys. In addition, anonymous statistics will be collected from a range of sources, including Harassment Advisers and Right

Management and reported to Equality and Diversity Committee, Human Resources Committee and the Harassment and Bullying Group.

The recognised trades unions and Occupational Health can also provide relevant information.

Where patterns of bullying or harassment are identified through equality analysis, staff surveys, sickness data, exit interviews etc., the

University will take appropriate action to address the problem.

In developing this Policy, engagement was sought from the Harassment and Bully Steering Group, University unions and University staff

networks.

Related policies and procedures

• Equal Opportunities Policy

• Grievance Procedure

• Disciplinary Procedure

• Complaints Policies (Students and Members of the Public)

• Computer Use Regulations, Policies and Guidelines (currently being revised)

• Email Policy

Equality objectives

• Equality and Diversity Statement

• Equalityand Diversity: Staff rights and responsibilities

• Public Interest Disclosure (Whistle-blowing) Policy (currently being revised)

• Investigation Guidelines

http://www.port.ac.uk/departments/services/equalityanddiversity/equalityanalysis/

http://www.port.ac.uk/departments/services/equalityanddiversity/equalityanalysis/


Appendix A

Sources of advice and support

There are a number of sources of advice and support for staff and students who either feel that they are being bullied or harassed, or have

had a complaint made about them.

You should be aware that, if any of these sources of support is at any time given details of a potential criminal act, such as physical assault,

they will advise you of their limited remit and refer you accordingly to others such as the police.

Staff and students

Harassment Adviser Network

Please refer to the link below or contact a member of the Equality and Diversity Unit for further information.

www.port.ac.uk/departments/services/equalityanddiversity/harassmentadvisernetwork/

Chaplaincy

(Chaplaincy can provide a means of contact to representatives of all faiths)

Please refer to the link below for further details:

www.port.ac.uk/students/chaplaincy/

Equality and Diversity Unit

Dave Small, Equality and Diversity Adviser

Tel: 023 9284 5774


External sources

Equalities and Human Rights Commission www.equalityhumanrights.com

Health andSafety Executive www.hse.gov.uk

ACAS www.acas.org.uk

Equality Challenge Unit (ECU) www.ecu.ac.uk

Students only

Student Complaints

Samantha Hill, Complaints Officer

Tel: 023 9284 3642


Counselling

Counsellors can provide support to students who are suffering from bullying and/or harassment.

Tel: 023 9284 3157

www.port.ac.uk/students/counselling-and-well-being-service/

Student Support Managers

Guildhall Halls (Bateson/Harry Law/

Margaret Rule/Trafalgar/James Watson) Tel: 023 9284 3989

Langstone Student Village Tel: 023 9284 4578

Rees/Burrell Hall Tel: 023 9284 3924

UPSU

Student Support Sabbatical Officer

Tel: 023 9284 3640

Student Advice Service Tel: 023 9284 5310

http://www.port.ac.uk/departments/services/equalityanddiversity/harassmentadvisernetwork/

http://www.port.ac.uk/students/chaplaincy


http://www.equalityhumanrights.com/

http://www.hse.gov.uk/

http://www.acas.org.uk/

http://www.ecu.ac.uk/


http://www.port.ac.uk/students/counselling-and-well-being-service/


Staff only

Human Resources Department

Please look at the HR Department’s website or contact the HR Business Partner/HR Adviser for your faculty or service.

Tel: 023 9284 3141

www.port.ac.uk/departments/services/humanresources/

Occupational Health Service

Please refer to the link below or contact reception:

Tel: 023 9284 3187 www.port.ac.uk/occupationalhealthservice

UK National Workplace Bullying Advice Line

Tel: 01235 212 286

Trades Unions

Please refer to the contact details below:

Unison www.port.ac.uk/staffessentials/generalinformation/unison/

UCU www.ucu.port.ac.uk

Staff Forums

Please refer to the link below or contact a member of the Equality and Diversity Unit for further information.

www.port.ac.uk/departments/services/equalityanddiversity/staffforums

Right Management (Employee Assistance Programme)

Staff information and advice: 0800 111 6387 (24-hour helpline)

Managers informationand advice: 0800 111 6387 6385 (24-hour helpline)

IS Service Desk

(For electronic and telephonebullying and harassment)

Tel: 023 9284 7777

http://www.port.ac.uk/departments/services/humanresources/

http://www.port.ac.uk/occupationalhealthservice

http://www.port.ac.uk/staffessentials/generalinformation/unison/

http://www.ucu.port.ac.uk/

http://www.port.ac.uk/departments/services/equalityanddiversity/staffforums


Appendix B

Types of harassment

Racial harassment

This is unwanted behaviour based on race, ethnic or national origin, nationality (including citizenship) or colour. It includes written or verbal

threats or insults, comments about racial origins, ridicule based on cultural grounds, derogatory name-calling, racist jokes, damage to

property, the display of offensive graffiti or insignia and incitement of others to commit any of the above.

Religious harassment

This is unwanted behaviour based on religious beliefs or practices, including non-belief. This may take many forms including ridiculing items

worn for religious reasons, denigrating cultural customs and dismissive treatment of requests for holidays for religious or cultural festivals, or

derisory comments against an individual’s beliefs or non-belief. It includes the incitement or persistent pressure through forms of evangelism

and religious propaganda that suggests the answer no is unacceptable to the person trying to spread their ideas on religion or recruiting

to their particular group. Regardless of an individual’s cultural/religious beliefs about different lifestyle choices (e.g. pertaining to gender,

sexual orientation, dress), such beliefs must not manifest themselves in breach of the University’s equal opportunities policies or legislation.

Religious harassment also covers non-religious beliefs such as atheism or Humanism.

Sexual harassment

This is unwanted behaviour of a sexual nature. It includes attention that denigrates or ridicules or is intimidating. This may be physical,

ranging from unwanted touching, groping or the invasion of personal space to sexual assault, rape or indecent exposure. Sexual

harassment can be verbal and may include unwanted personal comments or sexual slurs, belittling, suggestive, lewd or abusive remarks,

explicit ‘jokes’ or innuendo, and compromising invitations, including demands for sexual favours.

Examples of non-verbal sexual harassment include: suggestive looks, leering, explicit gestures, sending sexually explicit emails or the

display of pornographic material on University equipment or premises. (The IT implications are discussed further in the University’s separate

Computer Use Regulations, Policies and Guidelines.) Most commonly, the reported incidents refer to the sexual harassment of women by

men, although there are reports of women sexually harassing men and of same-sex sexual harassment.

Disability harassment

This is unwanted behaviour based on disability, impairment or additional need. Such behaviour may include comments that are patronising

or objectionable to the recipient or which creates an intimidating, hostile or offensive environment for disabled people. Disability harassment

includes inappropriate reference to disability, unwelcome discussion of the impact of disability, refusal to work with and exclusion of

disabled people from social events or meetings.

Sexual orientation harassment

This is unwanted behaviour based on known or presumed sexual orientation whether gay, lesbian, bi-sexual or heterosexual. Such

behaviour includes name-calling, stereotyping, assault, verbal abuse, actual or threatened unwanted disclosure of sexual orientation,

derogatory comments, excluding same-sex partners from social events or intrusive questioning about a person’s domestic circumstances.

Harassment on the grounds of gender identity

This is unwanted behaviour directed at women or men who are known or assumed to have undergone gender reassignment treatment or

are living in a different gender than their birth gender or are for some reason viewed as trans men or women. This could include breaching

the confidentiality of someone who has undergone gender reassignment treatment, inappropriate exclusion of a trans man or woman from

toilet facilities for their acquired gender, derogatory comments or intrusive questioning.

Age harassment

This is unwanted behaviour based on known or presumed age. Such behaviour may include comments that are patronising or

objectionable such as name-calling, stereotyping, derogatory comments, inappropriate reference to age, refusal to carry out management

instructions because of a manager’s age and exclusion of an individual(s) from social events or meetings because of their age.

Electronic and telephone harassment

The University accepts that for example, email, internet, intranet, mobile telephones, text messages, telephones or other forms of electronic

communication are used in everyday situations. However, it also recognises that bullying and harassment can also take place through

these means of communication. For example, if recipients receive emails that contain any offensive language or material, they should inform

Information Services immediately via the Helpdesk, as this is against the University’s Email Policy.

The University will take action against the perpetrators of electronic and telephone harassment wherever possible. Under the Malicious

Communications Act 1998, it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article

to another person. Under the Telecommunications Act 1984 (section 43), it is a similar offence to send a telephone message which is

indecent, offensive or threatening.


NO

EXIT

Question: Is the matter resolved?

NO

Write to the person(s) to stop the behaviour such

as by letter or an email

Appendix C

Summary of anti-bullying and harassment procedure – for staff

YES


NO YES

You are concerned about treatment from

a colleague or student

Question: Are you able to speak to the person(s)?

Get the help of people in Sources of advice and

support in Appendix A, e.g. Harassment Adviser

If the matter involves another

member of staff you can

report the behaviour formally

to a manager leading to a

disciplinary investigation. This

can be your own manager or

other suitable manager.

If the matter involves a

student you can report the

behaviour to the student’s

Head of School/Department

using the Code of Student

Discipline

in the Handbook of Student


NO NO

FO

RM

AL

ST

AG

E

INF

OR

MA

L S

TA

GE


Issue resolved

YES NO

Disciplinary Procedure

completed

YES YES

Issue resolved Manager instigates Disciplinary

Procedure – please seek advice

from HR before proceeding

Issue requires further formal

action, i.e. disciplinary

Manager can intervene on behalf

of individual if requested Manager formally investigates

Appendix D

Overview of staff, formal and informal procedure

NO

Note: Grievance

Exit process Procedure: an

individual can consider raising a grievance.

However, this cannot

be instigated if a disciplinary process for the same issue is

already in progress.

Is the issue formal or informal at this stage?

Formal Informal

Individual raises an issue with Management/HR


Appendix E

Summary of anti-bullying and harassment procedure – for students

You can submit a formal complaint about a member of staff using

the Students’ Complaints Procedure, by writing to the Students’

Complaints Officer. The details are in the Sources of advice and

support in Appendix A. A complaint about a fellow student should

be under the Code of Student Discipline to the relevant Head of

Department/School.

Get the help of University staff (if they are not

the harasser) or the people in Sources of advice

and support in Appendix A


NO


NO

Get the help of people in Sources of advice and

support in Appendix A, e.g. Harassment Adviser

Write to the person(s) to stop the behaviour such

as by letter or an email

EXIT

You are concerned about treatment from

a student or member of staff

FO

RM

AL

ST

AG

E

INF

OR

MA

L S

TA

GE

Question: Are you able to speak to the person(s)?

NO

YES

Question:

Is

the

matter

resolved?

NO

YES

University of Portsmouth Department of Human Resources University House Winston Churchill Avenue Portsmouth PO1 2UP United Kingdom




MD8340 1013

Religion and Belief Policy June 2015

Document title

Religion and Belief Policy June 2015


Dave Small, Equality and Diversity Manager, Human Resources Department

Peter Brook, Director of Human Resources (HR)


Equality and Diversity Committee

10 June 2015, Min 3.4

Review date Edition no. ID Code Date of effect

March 2017

3 36 1 July 2015

EITHER For public access online (internet)?

Tick as appropriate

OR For staff access only (intranet)?

Tick as appropriate

Yes ✓

Yes




Yes ✓ No Yes No ✓






equalityanddiversity/filetodownload,53697,en.pdf




UNIVERSITY OF PORTSMOUTH RELIGION AND BELIEF POLICY JUNE 2015 3

Contents

Page no.

Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1. The legal framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2. Policy statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3. Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

4. Dress code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

5. Religious observance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

6. Leave for religious festivals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

7. Extended leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

8. Dietary requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

9. Offensive actions or behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

10. Resolution of complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

11. Frequently asked questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

4 RELIGION AND BELIEF POLICY JUNE 2015 UNIVERSITY OF PORTSMOUTH

Religion and Belief Policy

Summary

What is this Policy about? This Policy document sets out the University’s commitment to adhering to the Equality Act 2010 in relation to religion and belief. The Policy sets out the responsibilities of everyone in ensuring we are able to demonstrate due regard to supporting staff and students.

Who is this Policy for? This Policy is for all students, staff and other individuals, including those of faith and non-faith. It will also be of interest to the wider public in relation to how the University meets is obligations in relation to the Equality Act 2010.

How does the University check this Policy is followed? Information contained in the Policy forms part of Equality and Diversity training which is undertaken by all staff. The University encourages staff and students to raise questions about faith and religion and to report any issues or concerns they may have that their needs are not been supported appropriately. From the knowledge shown by staff and the questions asked, the University believes the Policy is being followed.

Who can you contact if you have any queries about this Policy? All enquirers may contact the Equality and Diversity Manager on 023 9284 5774 or [email protected].

1. The legal framework

1.1 The Equality Act 2010 covers both the employment of staff and the admission and treatment of students including teaching

methods, delivery and assessment. Other areas covered by the Act include the provision of services, goods and facilities

such as careers, libraries, childcare services and conferences, premises and recreational or training facilities. The Act makes it

unlawful on the grounds of religion or belief, or non-belief to:

• discriminate against others either directly or indirectly;

• subject someone to harassment – unwanted conduct that violates a person’s dignity and creates an intimidating, hostile,

degrading, humiliating or offensive environment;

• victimise someone because they have made a complaint or allegation or have given evidence against someone else in

relation to a complaint of discrimination; and

• discriminate against someone in some circumstances after the working relationship has ended.

1.2 Exceptions may be made in very limited circumstances if there is a genuine occupational requirement for workers to be of a

particular religion or belief in order to do the job.

1.3 Religion means any religion and a reference to religion includes a reference to a lack of religion. Belief means any religious

or philosophical belief and a reference to belief includes a reference to a lack of belief. Religion or belief should therefore be

taken to mean the full diversity of religious and belief affiliations within the UK, including non-religious and philosophical beliefs

such as atheism, agnosticism and humanism. It will be for employment tribunals and other courts to decide whether particular

circumstances are covered by the Act.

2. Policy statement

2.1 The University of Portsmouth values religious and cultural diversity amongst its staff and students and aims to create an

environment where the cultural, religious and non-religious beliefs of all are respected. The University is an academic institution

committed to the values of open and rational debate that remains within the law and to challenging discrimination and

harassment. It seeks to ensure that:

• members of any religion or none are treated with equal dignity and respect;



• recruitment and selection are based entirely on relevant criteria, which do not include religious belief or non-belief;

• materials/graffiti that is anti any religion will not be tolerated. The University undertakes to remove such items from its

premises and to take action against those responsible;

• where possible, appropriate services are provided to meet the cultural and religious needs of staff and students.

2.2 The right to freedom of thought, conscience and religion is absolute, but the right to manifest beliefs is qualified by the need to

protect the rights and freedoms of others. This means for example, not using religion to justify harassment on the grounds of

gender, ethnicity or sexual orientation.

3. Responsibilities

3.1 The Board of Governors, assisted by the Vice-Chancellor and other senior managers, is responsible for ensuring that the

University fulfils its legislative responsibilities in respect of the Equality Act 2010.

3.2 Deans and Heads of Services are responsible for the promotion of a positive and inclusive culture for work and study. This

will include:

• reviewing and amending policies, procedures and practices for which they are responsible to ensure they comply with the

requirements of the Equality Act 2010;

• actively ensuring that equality of opportunity and fairness of treatment for staff and students of any religion, belief or non-

belief remains central to the delivery and operation of the University; and

• ensuring that staff and students are aware of their responsibilities under this Policy.

3.3 Heads of Department, on behalf of Deans and in cooperation with Associate Deans (Academic) and Associate Deans

(Students), are to assume primary responsibility for the promotion of equal opportunities for students with respect to admissions

and recruitment, student support and guidance, curriculum design and content, teaching and the promotion of learning,

progression and assessment.

3.4 The Equality and Diversity Committee is responsible for the maintenance and development of University policy concerning

religion and belief and the provision of advice and assistance to Academic Council, and the Board of Governors to enable the

Universitytomeet its legislativeobligations.

3.5 The HR Department is responsible for ensuring recruitment and selection, staff development and promotion policies and

practice do not discriminate on the grounds of religion or belief.

3.6 The Department of Student and Academic Administration is responsible for ensuring student admission and assessment

policies do not discriminate on the grounds of religion or belief.

3.7 All staff and students are responsible for upholding University policy concerning religion and belief, for fulfilling their part in its

implementation and for availing themselves of information in this regard.

4. Dress code

The University welcomes the variety of appearance brought by individual styles and choices. The wearing of items arising from

particular cultural and religious norms (e.g. hijab, kippah) is seen as part of this welcome diversity. The only limitations to this are:

4.1 Health and safety requirements may mean that for certain tasks specific items of clothing such as overalls, protective clothing

etc. need to be worn. If such clothing produces a conflict with an individual’s religious belief, the issue will be sympathetically

considered by the line manager/supervisor/lecturer, with the aim of finding a satisfactory outcome. Advice can be sought from

Health and Safety, the University Chaplaincy or Equality and Diversity Unit.

4.2 The wearing of slogans or symbols that are discriminatory (e.g. racist or sexist) is not acceptable and may result in disciplinary

action beingtaken.

5. Religious observance

5.1 The University will make reasonable efforts to provide a suitable place for prayer and ablution if practical. In many cases

individuals’ requirements will be met by facilities in the neighbourhood. Information on these may be obtained from the

University Chaplaincy.

6 RELIGION AND BELIEF POLICY JUNE 2015 UNIVERSITY OF PORTSMOUTH

5.2 All staff, regardless of their religious belief, are required to work in accordance with their contract. Line managers should make

every attempt to ensure that those whose religion requires them to pray at certain times during the day are free to do so. In

addition, requests for a degree of flexible working from those who require, for example, an extra hour for prayer at midday

on Friday, or not to work beyond sunset on Friday or at weekends in ways that conflict with their religious beliefs should be

accommodatedwhereverpossible.

5.3 Every reasonable effort should also be made to accommodate religious observance by students. Where religious observance

may cause difficulties in submitting or sitting any assessment, it may be possible to accommodate this under the University’s

Extenuating Circumstances Procedures, but only if no other reasonable arrangements can be reached with the University.

6. Leave for religious festivals

6.1 The University operates a system of fairness when agreeing annual leave for staff. No reasonable request for annual leave

should be refused by a manager. However, in deciding what is reasonable, a manager will need to look at all the implications

on the team/department or service they deliver when authorising leave. Staff should therefore not expect that they will be

able to have leave centred around every religious or cultural occasion, but rather a fair amount of leave agreed between the

manager that is also fair to both the staff team and the individual staff member making the request. Any leave for religious or

cultural holidays/festivals should be taken as annual leave or unpaid leave. There is no additional allowance for this. Requests

by students for absence during term-time to observe religious festivals should be considered sympathetically. (Calendars of

religious festivals may be found at www.bbc.co.uk/search?q=Calendar%20of%20religious%20festivals.)

6.2 Some religious festivals are aligned with lunar activity and therefore change from year to year. As a result the dates for some

festivals do not become clear until just prior to the actual day itself. Staff and students who are aware that they will wish to

celebrate a festival where this is the case should flag this up at the beginning of the year and then give as much notice as they

are able.

7. Extended leave

7.1 If a member of staff requests extended leave at a particular time for the purpose of going on pilgrimage, the line manager

should attempt to accommodate the request. If the extended leave exceeds the annual holiday entitlement, the excess days will

be unpaidleave.

7.2 Staff with relatives abroad may have particular religious/cultural needs for occasional extended leave for births, weddings or

deaths. Line managers should accede to such requests if reasonable and practical.

8. Dietary requirements

The University will provide food that meets religious dietary requirements (e.g. vegetarian, kosher, halal) according to the demand for

it.

9. Offensive actions or behaviour

9.1 All staff, students and visitors to the University have a responsibility not to discriminate on the grounds of religion or belief.

9.2 Any attempt to coerce others to comply with a particular belief system, for example through distribution of threatening material

or other material in a threatening manner, will result in disciplinary action.

9.3 This Policy aims to ensure equal treatment for everyone, of any religion or none. It is based on the principle that people have the

right to their own belief system. However, they have no right to force it on others.

9.4 This Policy does not stifle lawful, legitimate criticism of, or debate about, a religion or belief for academic purposes.

10. Resolution of complaints

10.1 Any member of staff or student who feels that they have not been treated fairly in accordance with this Policy should first try to

resolve the matter informally by discussion and, if that fails, take the matter up with the Head of Department or Head of Service.

If the issue remains unresolved the respective Grievance Procedure and Student Complaint Procedure should be used.

10.2 Anyone making a complaint will be taken seriously and treated with respect. Confidential advice and support is available

from the University Harassment Adviser Network, trade union representatives, the Students’ Union,

HR Department, Equality and Diversity Unit, Employee Assistance Programme (EAP) (staff only) and the

Chaplaincy (email [email protected]). Students may also access the Counselling Service.

http://www.bbc.co.uk/search?q=Calendar%20of%20religious%20festivals





http://www.upsu.net/advice/



http://www.port.ac.uk/departments/services/humanresources/occupationalhealthservice/eap/


http://www.port.ac.uk/students/student-wellbeing-service/


11. Frequently asked questions

How could a Higher Education Institution (HEI) discriminate against an employee or student on the grounds of

religion or belief?

By treating him or her less favourably for a reason connected to his or her religious belief or non-belief (direct discrimination). An

institution also discriminates if it applies a general rule or has a practice that puts people of a particular religious belief or non-belief at

adisadvantage(indirectdiscrimination). Harassmentand victimisation are also unlawful.

Does the Equality Act 2010 cover all religions and beliefs?

It is likely that minority religions (e.g. Rastafarians, Scientologists) will be covered and belief systems such as Paganism and

Humanism. The guidance makes it clear that non-belief is likewise covered.

How should managers deal with staff or students promulgating faiths in lectures, seminars and other timetabled

classes?

Promulgation of faith within timetabled activities should not be discriminatory or disruptive. Staff or students may use their free time

to celebrate/share their religious experiences, but no staff member or student should be subjected to pressure to join a religious

group (or any other group). All staff and students must respect the University’s policy that includes regards for those who are

agnostics or atheists.

This Policy is not intended to prevent academic debate.

Behaviour that offends, intimidates, is hostile, degrading or humiliating constitutes harassment under the Equality Act 2010.

Do prayer rooms have to be provided regardless of the number of worshippers involved?

No, but the University is committed to providing the best facilities it can for students and staff for prayer and contemplation. The

University currently provides dedicated prayer space in Mercantile House and in the Chaplaincy. Working closely with Chaplaincy,

these facilities are something that are always under review.

Should we monitor for religion and belief?

There is no legal requirement but the guidance on the Equality Act 2010 does make it clear that we should be able to evidence how

we are taking action on religion and belief. The University has introduced monitoring of students as part of registration and staff in

recruitment from September 2015.

How should the balance between different views (e.g. evangelising that is critical of gay people) be managed?

Staff will have a range of views on same sex relationships and the doctrines of some religions. The Equality Act 2010 does not seek

to infringe anyone’s rights to hold these views, but does seek to prevent them being manifested in the workplace in such a way that

offends, humiliates or intimidates, is hostile or degrading to others.

Can a member of staff or student who is religious refuse to work with a lesbian, gay bisexual or trans (LGBT)

colleague/peer on religious grounds, or vice versa?

No. The Equality Act 2010 is intended to protect people from discrimination, not facilitate it. Any collusion with such a request could

encourage a claim of harassment by a LGBT staff member or student within the definition of harassment under the Act. The case

would be the same if a LGBT staff member or student refused to work with a religious colleague/peer because of their views on

homosexuality.

Can a religious member of staff refuse to work with a LGB student?

No. If a member of staff cannot work with all students, then they cannot do their job. Working with all students is a requirement of any

position in an HEI.

Where can I find information about different religions including the dates of religious festivals?

The University produces a Diversity Calendar, available from the Equality and Diversity Unit that provides details of important dates,

holy days, festivals and special events. Information on religion and belief including date of religious festivals may also be found at

www.bbc.co.uk/search?q=Calendar%20of%20religious%20festivals.

What support do we offer on fasting?

The University has produced guidancefor staffandstudentsonfasting. This canbefoundat www.port.ac.uk/departments/

services/equalityanddiversity/guidanceandresources/faithandreligion/.

Where can I go to for support on faith and religion matters?

Chaplaincy is there to offer support to both staff and students. If there is a question relating to the equality law in this area, and it is

not answered in this Policy, you should engage with the Equality and Diversity Unit or additionally students may wish to engage with the Students’ Union Advice Service.

http://www.bbc.co.uk/search?q=Calendar%20of%20religious%20festivals

http://www.port.ac.uk/departments/services/equalityanddiversity/guidanceandresources/faithandreligion/

http://www.port.ac.uk/departments/services/equalityanddiversity/guidanceandresources/faithandreligion/

http://www.upsu.net/advice/

University of Portsmouth Human Resources Department University House Winston Churchill Avenue Portsmouth PO1 2UP United Kingdom




MD10324 0715

Gender Reassignment and Trans Equality Policy June 2015

Document title

Gender Reassignment and Trans Equality Policy June 2015


Dave Small, Equality and Diversity Manager, Human Resources Department

Peter Brook, Director of Human Resouces (HR)


Equality and Diversity Committee

10 June 2015, Min 3.4

Review date Edition no. ID Code Date of effect

March 2017

3 37 1 July 2015

EITHER For public access online (internet)?

Tick as appropriate

OR For staff access only (intranet)?

Tick as appropriate

Yes ✓

Yes




Yes ✓ No Yes No ✓






equalityanddiversity/filetodownload,53698,en.pdf




UNIVERSITY OF PORTSMOUTH GENDER REASSIGNMENT AND TRANS EQUALITY POLICY JUNE 2015 3

Contents

Page no.

Summary .................................................................................................................................................................................................. 4

1. The legal framework ....................................................................................................................................................................... 4

2. Policy statement ............................................................................................................................................................................. 5

3. Responsibilities .............................................................................................................................................................................. 5

4. Practical issues

4.1 Accommodation ....................................................................................................................................................................... 6

4.2 Single sex facilities .................................................................................................................................................................. 6

5. Record keeping and documentation

5.1 Staff recruitment and student applications ............................................................................................................................... 6

5.2 Degree certificates ................................................................................................................................................................... 6

5.3 References .............................................................................................................................................................................. 6

5.4 Record keeping ........................................................................................................................................................................6

6. Resolution of complaints ................................................................................................................................................................7

Appendix A: Explanation of terms ..........................................................................................................................................................8

Appendix B: Guidance on supporting a person who is transitioning .................................................................................................... 10

Appendix C: Sources of support ........................................................................................................................................................... 11

4 GENDER REASSIGNMENT AND TRANS EQUALITY POLICY JUNE 2015 UNIVERSITY OF PORTSMOUTH

Gender Reassignment and TransEquality Policy

Summary

What is this Policy about? This Policy document sets out the University’s commitment to adhering to the Equality Act 2010 in relation to trans equality. The Policy sets out the responsibilities of everyone in ensuring we are able to demonstrate due regard to supporting staff and students.

Who is this Policy for? This Policy is for all students, staff and other individuals who work within the University campus. It will also be of interest to the wider public in relation to how the University meets is obligations in relation to the Equality Act 2010.

How does the University check this Policy is followed? Information contained in the Policy forms part of Equality and Diversity training which is undertaken by all staff. The University encourages staff and students to raise questions relating to trans equality and to report any issues or concerns they may have that their needs are not been supported appropriately. From the knowledge shown by staff and the questions asked, the University believes the Policy is beingfollowed.

Who can you contact if you have any queries about this Policy? All enquirers may contact the Equality and Diversity Manager on 023 9284 5774 or [email protected].

1. The legal framework

1.1 The Equality Act 2010 includes gender reassignment as one of nine protected characteristics. The Act offers far reaching

protection from discrimination on grounds of gender reassignment and protects:

• a person who has proposed, started or completed a process to change their gender;

• trans people who are not under medical supervision;

• people who experience discrimination because they are perceived to be trans;

• people from discrimination by association because of gender reassignment. For example, it would protect the parents of a

trans child from being discriminated against because their child is transitioning.

1.2 The Act also makes it unlawful on the grounds of gender reassignment to:

• subject someone to harassment – unwanted conduct that violates a person’s dignity and creates an intimidating, hostile,

degrading, humiliating or offensive environment;

• victimise someone because they have made a complaint or allegation or have given evidence against someone else in

relation to a complaint of discrimination; and

• discriminate against someone in some circumstances after the working relationship has ended.

1.3 The Gender Recognition Act 2004 allows trans people who are able to satisfy the Act’s evidence requirements to apply to

the gender recognition panel in order to seek full legal recognition of their acquired gender. If an applicant is successful they

will be issued with a full or interim gender recognition certificate (GRC). A full GRC enables the person to obtain a new birth

certificate which does not disclose the fact that they have changed gender. The Gender Recognition Act also makes the

disclosure without permission by a third party of an individual’s trans status a criminal act.



2. Policy statement

2.1 The University of Portsmouth celebrates and values the diversity of its workforce and student body. It aims to create an

environment in which all staff and students feel equally welcome and valued, and in which transphobic behaviour is not

tolerated.

2.2 The University recognises that there can be differences between a person’s anatomical gender and their gender identity/

expression. The University will not discriminate against people on the grounds of cross-dressing, gender expression,

transsexualism, intersex conditions or any process of gender reassignment, begun or complete. Where this Policy refers to

‘trans people’ or simply ‘trans’, it has in mind people living with any of these identities. When it refers to ‘gender identity’, it

covers both the fixed identity of people living in the gender of their birth and the more fluid identities of many trans people.

2.3 The Universitywillensurethat:

• Students will not be denied access to courses, progression to other courses, or fair and equal treatment because of their

genderidentity orexpression.

• The curriculum will be checked to ensure that it does not rely on or reinforce stereotypical assumptions about trans

people, and that it does not contain transphobic material.

• Where a person’s trans status is known, their confidentiality will be respected and information about their trans status will

not be revealed without prior agreement of the individual.

• Staff will not be excluded from employment or promotion because of their gender identity.

• Transphobic abuse, harassmentorbullying(e.g. name calling/derogatoryjokes, unacceptableorunwarrantedbehaviour,

intrusive questions) will be treated as a serious disciplinary offence and will be dealt with under the appropriate staff

or student disciplinary procedure. Transphobic propaganda in any form (including written materials, graffiti, music or

speeches) is not tolerated. The University undertakes to remove any such propaganda from its premises and to take

actionagainst those responsible.

2.4 The University will provide a supportive environment for staff or students who wish their trans status to be known. However, it

is an individual’s right to choose whether they wish to be open about their gender identity. To ‘out’ someone, whether staff or

student, without their permission is a form of harassment and a criminal offence and will be treated as such.

2.5 For an explanation of terms see Appendix A.

3. Responsibilities

3.1 The Board of Governors, assisted by the Vice-Chancellor and other senior managers, is responsible for ensuring that the

University fulfils its legislative responsibilities in respectof trans staffandstudents.

3.2 Deans and Heads of Services are responsible for the promotion of a positive and inclusive culture for work and study. This

will include:

• reviewing and amending policies, procedures and practices for which they are responsible to ensure they comply with the

requirementsofthelegislation;

• actively ensuring equality of opportunity and fairness of treatment for trans staff and students within their department/

faculty; and

• ensuring that staff and students are aware of their responsibilities under this Policy.

3.3 Heads of Department, on behalf of Deans and in cooperation with Associate Deans (Academic) and Associate Deans

(Students), have primary responsibility for the promotion of equal opportunities for students with respect to admissions

and recruitment, student support and guidance, curriculum design and content, teaching and the promotion of learning,

progression and assessment.

3.4 The Equality and Diversity Committee is responsible for the maintenance and development of University policy

concerning gender identity and the provision of advice and assistance to Academic Council and the Board of Governors, to

enable the University to meet its legislative obligations.

3.5 The HR Department is responsible for ensuring that recruitment, selection and promotion policies and practice do not

discriminate against trans job applicants or staff.

3.6 The Department of Student and Academic Administration is responsible for ensuring that student admission and

assessment policies do not discriminate against trans applicants and students.

3.7 All staff and students are responsible for upholding University policy concerning gender identity, for fulfilling their part in its

implementation and for availing themselves of information in this regard.


4. Practical issues

4.1 Accommodation

Where a student intends to live/is living in halls, every effort will be made to be flexible and treat issues raised by trans

students with sensitivity and consideration. This may include, for example, formally agreeing the point at which they will begin

to live day-to-day in their acquired gender if they intend to transition once at the University. This will enable the correct form

of accommodation to beallocated.

4.2 Single sex facilities

The student or member of staff transitioning needs to agree with the University the point at which the use of facilities such

as toilets and changing rooms should change from one sex to the other. This may be, for example, the point at which the

individual begins to present permanently in the sex with which they identify.

It is not acceptable to insist on a trans person using separate facilities in the long term, for example, an accessible toilet

for disabled people. However, this may be a practical and acceptable short-term option (if consented by the trans member

of staff or student) whilst they are going through the earlier stages of transition or continue to present/express themselves

alternately as both genders, which may be a long term solution for some trans people. Areas may wish to consider providing

‘genderneutral’ facilities, alongside female and male facilities.

A trans person should be granted access to ‘men only’ or ‘women only’ areas according to the sex in which they

permanently present. Under no circumstances should they be expected to use the facilities of their former gender.

5. Record keeping and documentation

5.1 Staff recruitment and student applications

The University will be flexible about the form of identification asked for during the recruitment/application process. If a birth

certificate or passport is essential, candidates will be assured that the University will keep confidential former names or

gender.

5.2 Degreecertificates

As a degree certificate is a legal document the University will need legal proof of name change to be able to use any name

other than that in which the student originally enrolled on the certificate. This can be a statutory declaration of name change

or birth certificate. Asking students or alumni for a gender recognition certificate or evidence of medical supervision is not

appropriate and maybeunlawful.

5.3 References

References for current or former students or staff that have transitioned will make no reference to the person’s former names

or gender and will use the appropriate pronoun. If the University receives a reference for someone who has previously

transitioned, which refers to them by a previous name, this information will be treated as confidential.

5.4 Record keeping

5.4.1 When an individual permanently transitions during their employment or education the University will agree with

them the date from which their name and if appropriate, gender, is changed on all relevant records and public

references including identification passes, library cards, contact details, email addresses, formal records, website

references, payroll details etc. The Gender Recognition Act 2004 does not require the University to amend records

such as the minutes of meetings that predate the individual’s transition. However, it is good practice to consider any

documentation that is available to the public, such as committee minutes, and discuss with the individual how to

manage any name change that might alert the public to their transition.

5.4.2 Material that needs to be kept that relates to a person’s trans status will be placed in a sealed envelope and

attached to a new file with instructions such as ‘Confidential: HR Manager only’ or ‘Confidential: Head of School/

Departmentonly’.

5.5 For further guidance on supporting staff or students transitioning see Appendix B.


6. Resolution of complaints

6.1 Any member of staff or a student who feels that they have not been treated fairly in accordance with this Policy should first

try to resolve the matter informally by discussion with the individuals involved. If that fails, the individual should take the

matter up with their line manager or Head of Department/School. If the issue remains unresolved the respective Grievance

Procedure and Student Complaint Procedure should be used.

6.2 Anyone making a complaint will be taken seriously and treated with respect. Confidential support and advice is available from

the University Harassment Adviser Network, trade union representatives, Students’ Union, HR Department, Equality and

Diversity Unit and Employee Assist Programme (EAP) (staff only). Students may also access the Counselling Service. See

also AppendixC.






Appendix A

Explanation of terms

Acquired gender

The new gender of a person who has socially transitioned and had their gender reassigned and/or legally recognised. It is possible for an

individual to transition and receive legal recognition of their acquired gender without medical assistance.

Androgyne

Someone who identifies as gender non-binary. Androgynes may possess traits that are simultaneously feminine and masculine or neither.

Androgyny/Androgynous

Having both female and male characteristics or intentionally presenting as neither masculine or feminine.

Cross-dresser

A person who wears the clothing, accessories and/or make-up of the gender opposite to the one they were assigned at birth but does not

feel the requirement to live permanently in the opposite gender. Also transvestite.

FTM/F2M

Female to Male. A person who is transitioning from living as female to living as male, also known as trans man.

Gender

The state of being male or female, typically used with reference to social and cultural differences rather than biological ones. Has been used

since the 14th century, but was not in common use until the mid 20th century.

Gender Binary

Describes the classification of sex and gender into two distinct forms of masculine/male and feminine/female.

Gender Dysphoris/Gender Identity Disorder

Applies to someone who has discomfort, distress or anxiety with the gender they were assigned at birth.

Gender identity

The sense of being male or being female regardless of physical anatomy or biological sex.

Gender reassignment

Also gender confirmation, which involves hormone therapy and surgery, to help trans people appear more masculine or feminine.

Gender recognition panel

The gender recognition panel was set up by the Gender Recognition Act 2004 and consists of lawyers and doctors who assess whether an

individual is able to satisfy the Act’s evidence requirements for the issuing of a GRC.

Gender spectrum

A range of gender indentities between and outside of the categories of masculine/male and feminine/female.

Gender Recognition Act (2004)

An Act of Parliament that allows trans people to change their gender and apply for a Gender Recognition Certificate (GRC).

Gender Recognition Certificate (GRC)

A birth certificate which indicates the new legal sex and name of the trans individual. Granted by the Gender Recognition Panel once criteria

is met.

Gender variant/Gender fluid

Someone who feels that their gender identity does not fit within society’s gender binary ‘norm’ of being exclusively male or female. Other

terms include: genderneutral, non-binary, gender queer, pan-gender, bi-gender.

Intersex

A general term for a variety of conditions in which a person is born with a reproductive or sexual anatomy that does not fit the typical

definitions of female or male.

LGBT/LGB&T/GLBT

Acronym for lesbian, gay bisexual and transgender. Other acronyms include LGBTQ, which includes ‘Q’ for either queer or questioning

or both; LGBTQI, which includes ‘I’ for intersex and: LGBTQIA, includes ‘A’ for ally or asexual or both; LGBT+, which includes ‘+’

encompassing all forms of gender expressions.


MTF and M2F

Male to Female. A person who is transitioning from living as a male to living as a female.

Openly trans

Describes people who self-identify as transgender in their personal, public and/or professional lives.

Real life experience

Real life experience is a phase during gender reassignment in which the individual must live, work and study in the gender with which they

identify before they can start hormone therapy and/or undergo surgery.

Trans

Used as shorthand to mean transgender or transsexual. Also an inclusive term for the wider variety of gender identities including cross-

dressing and trans expressive.

Trans man

A person may describe themselves as a trans man when they are transitioning or have transitioned from female to male.

Trans woman

A person may describe themselves as a trans woman when they are transitioning or have transitioned from male to female.

Transgender

An umbrella term used for people whose gender identity/or gender expression differs from the sex they were assigned at birth.

Transitioning

Describes the process of the different elements and stages involved in changing from one gender to another.

Transphobia/transphobic

Comprises various forms of negativity towards transgender individuals or as a social group and is the irrational hatred, intolerance, dislike

and fear of transgender people.

Transsexual

An older term to describe a person who emotionally and psychologically feels that they belong to the opposite sex or who has transitioned

from one gender to another.

Transvestite

An older term to describe a cross-dresser.


Appendix B

Guidance on supporting a person who is transitioning

This appendix focuses on staff or students wishing to undergo full-time transition to their preferred gender. In cases where a member

of staff or a student wishes to remain gender fluid and express themselves as either gender, or gender neutral, then the comments in

sections 2 and 4 regarding freedom of expression, open communication and use of facilities apply. This guidance is not exhaustive.

Student transitioning

A student who intends to transition or is transitioning, should in the first instance contact the Director of Curriculum and Quality

Enhancement who manages student support services. The Director will, with the student’s permission, coordinate the process of transition

with academic and support departments.

Staff transitioning

A member of staff who intends to transition or is transitioning, should in the first instance contact the Deputy Director of HR. The Deputy

Director will, with the member of staff’s permission, coordinate the process of transition with the relevant departments.

Planning for transition 1. A meeting with the student/staff member should be organised. They may be accompanied at the meeting by a Students’ Union or

trade union representative or a friend.

2. At the meeting the student/staff member should be:

• given reassurance that the University will support them during the transition;

• asked formally to notify the University of their intent to transition, in writing;

• informed of the support available to them including the Student Wellbeing Services (students only), HR Department, Occupational

Healthand Employee Assist Programme (EAP) (staffonly) and Equalityand Diversity Unit;

• asked who within the University may need to be informed such as personal tutor, placement supervisor, line manager etc.

3. Following this initial meeting a further meeting should be organised to which, with the person’s permission, other people should

be invited whose support and cooperation will be necessary. Before this meeting convenes, it might be helpful to send invitees

information such as this Policy and guidance on trans equality and, with the person’s permission, a covering note explaining their

intention. It is essential that this invitation includes a clear statement about confidentiality and the importance of not discussing the

person’s transition with any other member of the University.

4. An action plan should then be agreed, including times, to ensure appropriate steps are taken during the person’s transition. This

shouldcover:

• The date of appointments that the person has with doctors and specialists

• The date when the person intends to commence any real life experience

• When to inform their department and whether any other students or members of staff they interact with frequently may need

information on trans equality

• Whether there are any accommodation issues in the case of a student transitioning

• If and when the person intends to start hormone therapy and/or undergo surgery

• How to minimise disruption to study or work during any absence

• Dates for any changes to records that will be required

This action plan should be confidential and only held in agreed, secure places.

5. Where information and awareness raising sessions are needed for other students or staff to support the transitioning of a student

or member of staff, the Director of Curriculum and Quality Enhancement or Deputy Director of HR will work with the Equality and

Diversity Unit to ensure it is put in place.

6. The action plan should be reviewed regularly by all concerned and amended as necessary.

7. In case of media intrusion the Director of Curriculum and Quality Enhancement or Deputy Director of HR will work with the Press and

Public Relations Manager to have a prepared media strategy in place.


Appendix C

Sources of support

Internal

Student Wellbeing Services (students)

T: 023 9284 3157

W: www.port.ac.uk/students/student-wellbeing-service/

Employee Assist Programme (EAP) (staff)

T: 0800 1116 387 (24-hour helpline for counselling, information and advice) W: www.port.ac.uk/departments/services/humanresources/occupationalhealthservice/eap/

Equalityand Diversity Unit

T: 023 9284 5039

W: www.port.ac.uk/equality

Departmentfor Curriculum and Quality Enhancement(includes studentsupportservices)

T: 023 9284 3032

W: www.port.ac.uk/departments/services/dcqe/supportingstudents/

Human Resources Department

T: 023 9284 3141

W: www.port.ac.uk/hr

Occupational Health Service

T: 023 9284 3187

W: www.port.ac.uk/departments/services/humanresources/occupationalhealthservice/

Harassment Adviser Network W: www.port.ac.uk/harassmentadvisernetwork

External

The Beaumont Society

Support network that promotes better understanding of the conditions of transgender, transvestism and gender dysphoria.

W: www.beaumontsociety.org.uk

Chrysalis

Chrysalis is a charity with meeting centres for transitioning transgender adults. They provide counselling, support and life skills workshops.

Meetings are held in the Portsmouth, Southampton and Bournemouth area.

W: www.chrysalis-gii.co.uk

Depend

Offers free, confidential and non-judgemental advice, information and support to family members, partners, spouses and friends of

trans people.

W: www.depend.org.uk

Equality Challenge Unit

Funded by the higher education sector, the ECU has published guidance on trans staff and students on which the University’s Policy and

guidance isbased.

W: www.ecu.ac.uk

NHS Trust – Let’s Talk About It

Provides a flexible service for people who have questions and concerns about sexuality and sexual health.

W: www.letstalkaboutit.nhs.uk/

Phoenix Group – transgender support network

A local self help support group, offering a friendly, confidential and safe environment where members can gain support and understanding

from others in the same situation at all different levels of transition.

Contact [email protected] or call 023 9268 3306.

http://www.port.ac.uk/students/student-wellbeing-service/

http://www.port.ac.uk/departments/services/humanresources/occupationalhealthservice/eap/

http://www.port.ac.uk/equality

http://www.port.ac.uk/departments/services/dcqe/supportingstudents/

http://www.port.ac.uk/hr

http://www.port.ac.uk/departments/services/humanresources/occupationalhealthservice/

http://www.port.ac.uk/harassmentadvisernetwork

http://www.beaumontsociety.org.uk/

http://www.chrysalis-gii.co.uk/

http://www.depend.org.uk/

http://www.ecu.ac.uk/

http://www.letstalkaboutit.nhs.uk/


University of Portsmouth Human Resources Department University House Winston Churchill Avenue Portsmouth PO1 2UP United Kingdom




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