Admissins UCD Registry Student Vetting UCD Plicy Nvember 2018
1 Cntents 1. Backgrund... 2 2. Scpe... 2 3. General Principles... 2 3.1 Respnsibility... 2 3.2 Plice Certificates... 3 3.3 Vetting Disclsure... 3 3.4 Specified Infrmatin... 3 3.5 Vetted Students with Charge(s)/Prsecutin(s) and/r Cnvictin(s) and/r Specified Infrmatin... 4 3.6 Students acquiring a charge/prsecutin and/r cnvictin during their Curse f Study... 4 3.7 Vetting Sharing Agreement... 4 4. Vetting Prcess... 5 4.1 Cmpletin f Vetting Applicatin... 5 4.2 Validatin by UCD Vetting Admissins Office... 5 4.3 Cnfirmatin by the Natinal Vetting Bureau... 5 4.4 Evaluatin f Infrmatin and University Respnse... 5 4.5 University respnse t Natinal Vetting Bureau Disclsure... 6 5. Appeals Mechanism... 8 6. Review f a Vetting Decisin... 8 7. Re-Vetting... 9
2 1. Backgrund University Cllege Dublin (UCD) ffers a number f prgrammes, particularly in the areas f Health, Educatin and Scial Sciences that require students t undertake clinical placements, prfessinal placements r ther activities, which will bring them int cntact with children r vulnerable adults and situatins f risk in the wider cmmunity. T prmte the prtectin f the public and encurage public trust and cnfidence, UCD is cmmitted t ensuring that these students are vetted and nly suitable candidates are allwed t cntinue in their prgramme f study. The Natinal Vetting Bureau (Children and Vulnerable Persns) Acts 2012 t 2016 www.irishstatutebk.ie/eli/2012/act/47/enacted/en/html cmmenced n 29th April 2016 and made it a legal requirement fr any wrk r activities, carried ut by a persn, a necessary and regular part f which cnsists mainly f the persn having access t r cntact with children r vulnerable persns t be vetted by the Natinal Vetting Bureau in An Garda Síchána. 2. Scpe Students (r applicants in receipt f an ffer) f prgrammes listed at are required t underg the vetting prcess. Students intending t be engaged in activities invlving UCD, (e.g. UCD Vlunteer verseas, Ph.D. research, Pst Primary Schl wrkshps), where they may have unsupervised access t children and/r vulnerable adults may als be required t be vetted. Supervisrs f these students are required t advise which sectins f the Natinal Vetting Bureau (Children and Vulnerable Persns) Act 2012 apply t their activities. 3. General Principles The term Student in this dcument refers t bth students and applicants. 3.1 Respnsibility 3.1.1 Admissins Office The UCD Admissins Office is respnsible fr managing and perating the University student vetting prcess thrugh the Natinal Vetting Bureau's evetting system. The vetting prcess is administered by UCD Registry Admissins and the UCD Liaisn Persn is the cntact between UCD and the Natinal Vetting Bureau. The current UCD Liaisn Persn is the UCD Directr f Admissins & Enrlment Planning.
3 3.1.2 Student Each student must disclse t UCD all infrmatin required fr the prcess f vetting including the cmpletin f the vetting applicatin and any Plice Certificates required as utlined in sectin 3.2. 3.1.3 Prgramme / Schl Unit It is the respnsibility f the relevant prgramme / schl unit t ensure that n student carries ut any wrk r activities, a necessary and regular part f which cnsists mainly f the student having access t r cntact with children r vulnerable persns until their vetting prcess is successfully cmpleted. Details f relevant wrk r activities are utlined in part 1 and 2 f Schedule 1 f the Natinal Vetting Bureau (Children and Vulnerable Persns) Act 2012 www.irishstatutebk.ie/eli/2012/act/47/enacted/en/html 3.2 Plice Certificates If a student has resided utside the island f Ireland fr a perid f 6 mnths r mre (after reaching the age f 18), he/she is nrmally required t furnish a Plice Certificate frm the cuntry r cuntries f residence. Further details f Plice Certificate requirements and prcess are utlined at. In certain instances, a student affidavit may be requested by the University. 3.3 Vetting Disclsure UCD uses the vetting disclsure returned frm the Natinal Vetting Bureau t assess the suitability f students. The disclsure can include particulars f the criminal recrd (if any) relating t the student r a statement that there is n criminal recrd in relatin t the student r any prsecutins pending against them. 3.4 Specified Infrmatin The vetting disclsure may als cntain specified infrmatin in relatin t a persn wh is the subject f an applicatin fr a vetting disclsure, meaning infrmatin cncerning a finding r allegatin f harm t anther persn received by the Natinal Vetting Bureau frm An Garda Síchána r a Scheduled Organisatin pursuant t sectin 19 f the Natinal Vetting Bureau (Children and Vulnerable Persns) Acts 2012 t 2016. It is infrmatin that is cnsidered t reasnably give rise t a bna fide cncern that the vetting subject may i. harm any child r vulnerable persn, ii. cause any child r vulnerable persn t be harmed, iii. put any child r vulnerable persn at risk f harm, iv. attempt t harm any child r vulnerable persn, r, v. incite anther persn t harm any child r vulnerable persn.
4 3.5 Vetted Students with Charge(s)/Prsecutin(s) and/r Cnvictin(s) and/r Specified Infrmatin In the event where students d nt meet the vetting requirements f the University, registratin n such prgrammes may be subject t final cancellatin r cancellatin fr a perid f time (where cntinuance f registratin is cnditinal n meeting specified criteria). If infrmatin relating t a charge/prsecutin and/r cnvictin is nt given r is given in an incmplete frm, the University reserves the right at any stage (including after an ffer f a place has been made, r after registratin) t reject the applicatin r, where applicable, withdraw the ffer r cancel the registratin. Having a charge/prsecutin and/r cnvictin and/r specified infrmatin will nt necessarily prevent an applicant frm gaining admissin t the relevant prgramme. Hwever, the University will take any relevant prsecutins r cnvictins r specified infrmatin f a prspective applicant r registered student int accunt when cnsidering her/his applicatin and reserves the right t refuse admissin r cancel registratin f a persn admitted where her/his previus charge(s)/ prsecutin(s)/ cnvictin(s) r specified infrmatin make it inapprpriate fr her/him t be a student f the relevant prgramme. In reaching a decisin regarding the admissin r cntinuance f a student, the University will balance the interests f the student (and its ability t prvide any apprpriate supprt arrangements) with seeking t prvide a safe and secure envirnment fr the public and its staff, students, visitrs and thers. In additin, the University will take accunt f the demands and requirements f relevant prfessinal bdies and requirements under the law t prtect special categries f peple, fr example children and vulnerable adults. 3.6 Students acquiring a charge/prsecutin and/r cnvictin during their Curse f Study Students n any f the Prgrammes listed at r students vetted as part f activities in UCD under sectin 2 abve, wh acquire a charge/prsecutin and/r cnvictin during their curse f study are required t ntify UCD Student Vetting in the Admissins Office and als their Schl/Unit. They will be subject t the prvisins f this Plicy and the UCD Student Cde may als apply in this circumstance. Nn-disclsure may result in a cancellatin f registratin. 3.7 Vetting Sharing Agreement In accrdance with The Natinal Vetting Bureau (Children and Vulnerable Persns) Acts 2012 t 2016, UCD has a number f jint sharing agreements in place with rganisatins where student placements ccur. These agreements cver the vetting prcess and avid duplicatin f vetting applicatins fr these students.
5 4. Vetting Prcess The fllwing sectins utline the different stages f the vetting prcess and matters arising frm it. UCD reserves the right t adapt this prcess frm time t time, in general r in particular cases, having regard t the particular circumstances f a case r cases. 4.1 Cmpletin f Vetting Applicatin UCD Admissins place a vetting hld n all students recrds wh are part f sectin 2 abve. The student vetting hld triggers an email t the student with instructins n hw t begin the vetting prcess. Students subject t vetting are required t cmplete the applicatin prcess as detailed in and prvide all infrmatin necessary fr full disclsure. A student wh is under 18 years f age at the pint f entering the University must cmplete and submit an additinal Natinal Vetting Bureau Parent/Guardian Cnsent Frm. 4.2 Validatin by UCD Vetting Admissins Office Once UCD Vetting Admissins Office is satisfied that the applicatin is duly cmpleted, the applicatin is frwarded t the Natinal Vetting Bureau via the Online Vetting Service (evetting). 4.3 Cnfirmatin by the Natinal Vetting Bureau Fllwing review f the subject s vetting applicatin; the Natinal Vetting Bureau reverts in accrdance with its wn prcedures. A Vetting disclsure is issued directly t the UCD Liaisn persn which includes particulars f a criminal recrd (if any) and a statement f specified infrmatin (if any) relating t the persn r a statement that there is n criminal recrd r specified infrmatin. 4.4 Evaluatin f Infrmatin and University Respnse The UCD Student Vetting Unit in UCD Admissins will evaluate infrmatin received frm the Natinal Vetting Bureau and assess each applicatin. Thereafter, the University will deal with the infrmatin as utlined in sectin 4.5. If during the vetting prcess, a student disputes the detail cntained in a vetting disclsure frm the Natinal Vetting Bureau, they shuld utline the basis f her r his dispute, in writing, t the UCD Liaisn Persn. The UCD Liaisn Persn then submits the cmplete applicatin file t the Natinal Vetting Bureau fr further checks.
6 4.5 University respnse t Natinal Vetting Bureau Disclsure 4.5.1 If n previus charge(s)/prsecutin(s) and/r cnvictins and/r specified infrmatin is recrded n the Vetting Disclsure: The Vetting Disclsure is made available t bth the student and the schl and the student is deemed apprpriate t carry ut any wrk r activities and have her/his registratin cntinued. Prvided all necessary Plice Certificates are received, the vetting hld is remved frm the student recrd and the vetting prcess is successfully cmpleted. 4.5.2 If a previus charge(s)/ prsecutins(s) and/r cnvictin is recrded n the Vetting Disclsure: The prsecutin(s) and/r cnvictin(s) will be categrised as Minr r Serius by the Vetting Liaisn Officer in cnsultatin with ne ther frm the Vetting Review Cmmittee. The UCD Vetting Review Cmmittee fr each prgramme will cmprise f the: UCD Liaisn persn And 1 r mre f the fllwing members: Dean f Students Prgramme Directr Clinical r Placement Crdinatr Head f Schl (r nminee) Cllege Principal / Prgramme Dean (r nminee) Assciate Dean (r nminee) 4.5.3 Minr charge(s)/prsecutin(s) and/r cnvictin(s) In the cases f a minr charge/prsecutin and/r cnvictin which are nt cnsidered t pse any risk t children, vulnerable adults r the wider cmmunity, they will be reviewed by the UCD Liaisn Officer and ne persn frm the Vetting Review Cmmittee. This may als include cnsultatin with the placement rganisatin. Fllwing discussin and review, the UCD Liaisn Persn will discuss the disclsure with the student and if requested a representative frm the UCD Vetting Review Cmmittee If the ffence has nt been disclsed, the UCD Liaisn Persn will seek an explanatin fr the nn-disclsure frm the student. Fllwing discussins and review, if the student s vetting has been cleared, the UCD Liaisn Persn will prvide written cnfirmatin t the Schl that the student has been subject t vetting and has been deemed apprpriate t have her/his registratin
7 cntinued and undertake relevant wrk r activities where applicable. The vetting hld will be remved frm the student recrd. If a satisfactry explanatin is nt received, the ffence may be dealt with as fr sectin 4.5.4 belw (Serius charge(s)/prsecutin(s) and/r cnvictin(s) and/r specified infrmatin). 4.5.4 Serius charge(s)/prsecutin(s) and/r cnvictin(s) and/r specified infrmatin In the case f a serius charge/prsecutin and/r cnvictin r specified infrmatin, the nature f which culd indicate a ptential risk t children, vulnerable adults r the wider cmmunity, at least 2 members f the UCD Vetting Review Cmmittee, which will include the UCD Liaisn Persn, will seek t meet with the student t discuss the circumstances f the charge/prsecutin and/r cnvictin and/r specified infrmatin. In cnsideratin f a disclsure, the UCD Vetting Review Cmmittee will be guided by factrs that include but nt limited t: The self-disclsure r nn-disclsure f any such charge/prsecutin and/r cnvictin by the student; The nature and seriusness f any charge/prsecutin and/r cnvictin which may be recrded in respect f the student The nature f any curt result which may be recrded in respect f the student, taking accunt f any current suspended sentence; The age f the student at the time any such charge/prsecutin and/r cnvictin was cmmitted; The length f time elapsed since any such charge/prsecutin and/r cnvictin was cmmitted by the student; The cnduct f the student in the time elapsed since the date f the charge/prsecutin and/r cnvictin; Mitigating factrs, if any, in favur f the student; Rehabilitative effrts undertaken by the student in the time elapsed since any such charge/prsecutin and/r cnvictin was cmmitted; Frequency f re-ffence, if any, in the time elapsed since any such serius ffence was cmmitted; Outcme f any cnsultatin with the relevant placement rganisatin; Insurance, Health and Safety stipulatins; Any ther infrmatin recrded relating t the cmmissin f r invlvement in the cmmissin f a charge/prsecutin and/r cnvictin and/r specified infrmatin, which wuld give rise r wuld be likely t give rise t a bna-fide cncern that the individual pses a risk t the safety f children, vulnerable adults r the wider cmmunity. It is imprtant t nte that whilst the factrs abve shall be cnsidered, the list is nt exhaustive, and the assessment shall be made taking accunt f all relevant factrs and circumstances pertaining t a student and her/his prgramme.
8 If the student has been cleared at this pint, the UCD Liaisn Persn will prvide written assurance t the Schl that the student has been subject t vetting and has been deemed apprpriate t have her/his registratin cntinued and undertake placement where applicable. The vetting hld will be remved frm the students recrd. If the Cmmittee is f the view clearance has nt been btained, the case shall be escalated, and the disclsure shall require further review in accrdance with sectin 4.5.5 (Further review f serius charge(s)/prsecutin(s) /cnvictin(s) and/r specified infrmatin 4.5.5 Further review f serius charge(s)/prsecutin(s) cnvictin(s) and/r specified infrmatin If a further review is required, the assessment criteria utlined in sectin 4.5.4, plus any ther relevant factrs r circumstances will be cnsidered by at least 3 members f the UCD Vetting Review Cmmittee (including Head f Schl r nminee) and a further meeting with the student may be requested. It will be evaluated whether there are sufficient grunds n which the student can cntinue in their prgramme. If sufficient grunds d nt exist, it will be decided that the student can n lnger remain a registered student f UCD. This cancellatin f registratin will be final r will be impsed fr a perid f time (where cntinuance f registratin at a future time is cnditinal n specified criteria). Fllwing the review, the student will be advised f the decisin in writing. 5. Appeals Mechanism In the event that the student is dissatisfied with the decisin f the UCD Vetting Review Cmmittee, they may appeal the decisin within 20 days t the Registrar and Deputy President, t have her/his case reviewed by an Appeal Cmmittee n Student Vetting, appinted by the Registrar. The appeal prcess and terms f reference fr the Appeal Cmmittee are utlined at. 6. Review f a Vetting Decisin If at sme pint further infrmatin cmes t the attentin f the University that calls a vetting decisin int questin, a stay will be put n the student s placement wh shall be suspended frm carrying ut the wrk placement until such infrmatin has been cnsidered by the Vetting Review Cmmittee. In reaching a decisin regarding the cntinuance f a student, the University will balance the interests f the student (and its ability t prvide any apprpriate supprt arrangements) with seeking t prvide a safe and secure envirnment fr the public and its staff, students, visitrs and thers. In additin, the University will take accunt f the demands and requirements f relevant prfessinal bdies and requirements under the law t prtect special categries f peple, fr example children and vulnerable adults.
9 7. Re-Vetting Students shuld be aware that, given the duratin f certain Prgrammes, the University reserves the right, at its discretin, t require certain grups f students r individual students t underg a further Student Vetting prcess during the curse f their Prgramme. In additin, a student member may be re-vetted if infrmatin cncerning suitability t wrk with children r vulnerable adults cmes t the attentin f the University.