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Case involving possible criminal proceedings - PI021703

Birmingham City University

A student at Birmingham City University complained to us after the University rejected an appeal against its decision to exclude him.

The University started disciplinary proceedings when it came to light that the student had not disclosed details of an unspent criminal conviction in his application. Following an investigation of the facts the case was referred to a student disciplinary panel. This concluded that the student had breached the University’s disciplinary procedure and decided to exclude him. The University made adjustments to the way it ran the panel to enable the student to comment on the information in his absence due to imprisonment for a further criminal offence.

We were satisfied that the University followed a fair process and that the penalty was proportionate to the facts of the case and within the range of penalties available. The evidence available to the University demonstrated that the student knew his conviction was unspent at the time of the application, had sought advice as to the status of his conviction and its relevance to the application and decided not to disclose it.

We decided the complaint was Not Justified.