Declaring criminal proceedings

Where an applicant or student is under investigation by the Police or where criminal proceedings have been initiated, or where an applicant or student has been convicted, it is the responsibility of the applicant or student to report this to the University.  They are required to report criminal involvement when applying to the University, at matriculation each year, and/or at the point of involvement with the Police (if a registered student) to the Student Conduct Officer.

Relevant offences include the following non-exhaustive list of offences:

  • 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 Sexual Offences Act 2003 or the Sexual Offences (Scotland) Act 2009 or the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 or the Contract (Third Party Rights) (Scotland) Act 2017
  • The unlawful supply of controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking
  • Offences involving firearms
  • Offences involving arson
  • Offences involving fraud or embezzlement
  • Offences involving theft
  • Offences listed in the Terrorism Act 2006
  • Offences listed in Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007
  • Offences listed in the Bribery Acts 2010
  • Offences listed in the Criminal Finances Act 2017
  • Offences listed in the Computer Misuse Act 1990

This applies to all students at the University of St Andrews, except those studying Medicine who are required to disclose criminal convictions in accordance with the regulations set out on the Disclosure Scotland website.

Why is this information required?

The University aims to maintain a safe environment for all students and must take appropriate steps to protect students, staff and other members of the University. For this reason, the University will collect and record information on any offences committed by an applicant or student or any ongoing investigations.

How will the University use this information?

When applying to the University

Any applicant who indicates a criminal conviction or proceedings will normally be required to meet with the Student Conduct Officer for a risk assessment meeting. At this meeting, the Student Conduct Officer will assess the measures required to minimise any potential or identified risk deemed necessary in respect of that applicant, or if the applicant poses an unacceptable risk.

The outcome of this risk assessment may be one of the following (this list is not exhaustive):

  • No further action, the application proceeds as normal
  • A request for further information
  • The application may proceed, but with certain conditions, for example arrangements for accommodation and/or support
  • The application may be deferred
  • The applicant is rejected

At matriculation or during the academic year

Any student who indicates a criminal conviction or proceedings will normally be required to meet with the Student Conduct Officer for a risk assessment meeting. At this meeting, the Student Conduct Officer will assess the immediate measures required to minimise any potential or identified risk they deem necessary in respect of that student and to minimise disruption to other members of the University. They will advise on appropriate disciplinary procedures to be followed on an internal basis, separate to the external proceedings and without prejudice to them.

The outcomes of a risk assessment may be one, or any combination, of the following (this list is not exhaustive):

  • No action taken
  • Further meeting(s) to be scheduled
  • A restriction to particular buildings/areas/people
  • Suspension from part of a University building or service for a period appropriate in line with criminal proceedings
  • Review of University accommodation contract

Efforts will be made to support students involved in criminal proceedings prior to a judgement being reached externally, and, where possible, the University will seek to facilitate the continuation of academic studies to all parties during this time.

Will the University take disciplinary action in addition to criminal proceedings?

If a student is found guilty of an offence in a criminal court, the University may take disciplinary action against that student in respect of the same matter, provided that such action is confined to deciding whether or not the student is a fit and proper person to continue as a member of the University or to reside in University accommodation.

How long will the information be held and who will have access to it?

The information will be held and accessed in accordance with the University's Data Protection Policy and the Code of Practice: personal information about students, and will only be disclosed to University personnel if strictly necessary. Records will be held while the individual is a matriculated student, and for six years after.

What happens if the University is informed of an offence which has not been disclosed by an applicant or student?

If the University receives information that an applicant or student has been responsible for a criminal offence, an investigation will follow. The University will contact the applicant or student to determine the situation. Where the information received is unverified, the University will attempt to verify the information prior to contacting the applicant or student. If an applicant or student has failed to disclose details of a criminal conviction or proceedings, a risk assessment will be carried out as soon as possible, and disciplinary action may be taken at this stage.