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Can a college refuse you a position

  • 23-06-2014 5:01pm
    #1
    Closed Accounts Posts: 431 ✭✭


    Can a college refuse you a position (education) based solely on the fact that you have a criminal record?
    I was always under the impression that everyone has the right to education?


Comments

  • Registered Users, Registered Users 2 Posts: 945 ✭✭✭WhiteWalls


    Well if you don't get a garda clearance then yes, I presume its a course working with children or looking after people?


  • Registered Users, Registered Users 2 Posts: 440 ✭✭bisset


    If you are applying for a course that requires Garda vetting,e.g. B.A. in Social Care there may be a problem if you have a conviction for an offence involving violence.


  • Closed Accounts Posts: 431 ✭✭whats newxt


    WhiteWalls wrote: »
    Well if you don't get a garda clearance then yes, I presume its a course working with children or looking after people?

    No the course has to do with computers and everyone on the course will be over 18


  • Registered Users, Registered Users 2 Posts: 945 ✭✭✭WhiteWalls


    No the course has to do with computers and everyone on the course will be over 18

    And at what stage were you asked about it? Can't see why you wouldn't be let to it


  • Closed Accounts Posts: 431 ✭✭whats newxt


    WhiteWalls wrote: »
    And at what stage were you asked about it? Can't see why you wouldn't be let to it

    I was just asked for garda clearance even tho the course doesn't really require it which i don't think i'll get as i have a few public order offences from years ago.


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  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    I was just asked for garda clearance even tho the course doesn't really require it which i don't think i'll get as i have a few public order offences from years ago.

    Are you being trained to teach IT or what exactly is the course and what's the college?


  • Registered Users, Registered Users 2 Posts: 945 ✭✭✭WhiteWalls


    I was just asked for garda clearance even tho the course doesn't really require it which i don't think i'll get as i have a few public order offences from years ago.

    Go into your local station and explain your situation. Say that you want to do the course. If the convictions are from a few years ago then I cant see why it should affect you now.

    Gardai take a lot of flax but the vast majority of them will help you if they can. Your trying to better yourself so they will help you i'd imagine


  • Closed Accounts Posts: 431 ✭✭whats newxt


    WhiteWalls wrote: »
    Go into your local station and explain your situation. Say that you want to do the course. If the convictions are from a few years ago then I cant see why it should affect you now.

    Gardai take a lot of flax but the vast majority of them will help you if they can. Your trying to better yourself so they will help you i'd imagine

    I will definitely try that but in the case that i'm refused do you think i could take legal action against the college. No it's not teaching it's just a programmings course, fetac certificate.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    I will definitely try that but in the case that i'm refused do you think i could take legal action against the college. No it's not teaching it's just a programmings course, fetac certificate.
    On what grounds?


  • Registered Users, Registered Users 2 Posts: 440 ✭✭bisset


    If it something like you breaking a shop's windows on the way home from the pub when you were 19 and you're now 29 and haven't come to Garda attention since its unlikely to be considered relevant.


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  • Closed Accounts Posts: 431 ✭✭whats newxt


    No Pants wrote: »
    On what grounds?

    Refusing me education (which is a basic human right) based solely on the fact that i have a criminal record.


  • Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    You'll quickly realise that you don't have any "basic human right" to a third level education and that the institution you're applying to is regardless of state funding a private organisation that has a lot of discretion regarding granting of places. That said, I hope you succeed in getting into your course of choice despite the conviction. Get your Garda clearance and you may find that they don't care about those particular offences.


  • Registered Users, Registered Users 2 Posts: 945 ✭✭✭WhiteWalls


    I will definitely try that but in the case that i'm refused do you think i could take legal action against the college. No it's not teaching it's just a programmings course, fetac certificate.

    Talk to the guards first and see then, think positive.. If one Guard is not sound about it, ask to talk to another one!!


  • Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    Refusing me education (which is a basic human right) based solely on the fact that i have a criminal record.

    3rd level education is not a basic human right. In fact, education in general would probably be seen more so as a socio-economic human right, basic human rights would be things like food, shelter etc.

    I suppose in developed countries like Ireland you could probably say that at least primary education is a basic right though.. but certainly not any higher than that.


  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭numorouno


    Have you been refused or is it what if scenario?


  • Registered Users, Registered Users 2 Posts: 326 ✭✭Makood


    chops018 wrote: »
    3rd level education is not a basic human right. In fact, education in general would probably be seen more so as a socio-economic human right, basic human rights would be things like food, shelter etc.

    I suppose in developed countries like Ireland you could probably say that at least primary education is a basic right though.. but certainly not any higher than that.

    Where?

    However a few minor convictions would be very unlikely to affect the application.

    IMO


  • Closed Accounts Posts: 431 ✭✭whats newxt


    It's a what if scenario anyway i might get it, if i don't i go back and plant a bomb


  • Registered Users, Registered Users 2 Posts: 560 ✭✭✭Flaregon


    It's a what if scenario anyway i might get it, if i don't i go back and plant a bomb

    Gets popcorn and waits on the fireworks.
    With that thinking im sure you will get in......


  • Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    Makood wrote: »
    Where?

    http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

    Pretty much everywhere by the looks of who's signed and ratified this.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    WhiteWalls wrote: »
    Talk to the guards first and see then, think positive.. If one Guard is not sound about it, ask to talk to another one!!

    What are you on about? The Gardaí don't give clearance, they just pass on your record. It's the college or employer that decide whether to pass you. It's also not done in stations but in the Central Vetting unit.


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  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭numorouno


    Why not just wait and see. I doubt it will have any bearing on your particular course. I'd imagine if it involved working with vulnerable people it would obviously enough


  • Site Banned Posts: 3 Fat Bastard


    No the course has to do with computers and everyone on the course will be over 18

    is this a PLC place separate from the usual CAO application?

    If so, then perhaps yes, it will most likely be a private college where they can set their own rules.


  • Site Banned Posts: 3 Fat Bastard


    Depends what it is for.

    Drugs / civil offense ... no bother.

    Crime against another person such as theft, then the gallows is too good for you.


  • Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    chops018 wrote: »
    3rd level education is not a basic human right.
    And even if it was you can be deprived of all sorts of basic human rights if you commit a crime.


  • Registered Users, Registered Users 2 Posts: 945 ✭✭✭WhiteWalls


    What are you on about? The Gardaí don't give clearance, they just pass on your record. It's the college or employer that decide whether to pass you. It's also not done in stations but in the Central Vetting unit.

    a decent skipper can help you out if your not a bad lad


  • Registered Users, Registered Users 2 Posts: 901 ✭✭✭usernamegoes


    Well under the DP Acts they can only ask for Sensitive Personal Information like a criminal record if it relevant.

    One could argue that that it's not relevant otherwise they would have access to the vetting system. Also how would they find out?


  • Registered Users, Registered Users 2 Posts: 2,670 ✭✭✭Peppa Pig


    It's a what if scenario anyway i might get it, if i don't i go back and plant a bomb
    Bizarrely, you'd probably be allowed to do the course in Mountjoy then.


  • Registered Users, Registered Users 2 Posts: 85 ✭✭lovelyjubbly


    WhiteWalls wrote: »
    a decent skipper can help you out if your not a bad lad

    They can't, it's centralised down the country. I think in Offaly, so your local Guard cannot help.


  • Closed Accounts Posts: 1,579 ✭✭✭Mr McBoatface


    The Garda do not "clear" anybody for any position voluntary, education or work related. The garda provide a report to the organisation concerned detailing a persons criminal record. You should always be upfront with any organisation on criminal convictions, it is worse to deny any wrong doing and then to have them discovered during a "garda clearance report/check". Once the report is received the organisation should then review it's contents and decide if your criminal past warrants exclusion from dealing/working with them.

    A child sex offender is not going to be giving a job working in a creche, a person with a 10 year old drunk & disorderly charge who has committed no crimes since shouldn't be a problem.

    Also it has happened from time to time a person report may be incorrect and the incorrect details returned.......so you should ask for the results of the check to be made available to you.

    Finally garda clearance in this country is a joke, If you volunteer with 4 different groups who require garda clearance , each group must get separate clearance report. There should be a national clearance card associated with your PPS number that you can show to each organisation with annual renewal.


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    apricotpie wrote: »
    why should criminals be entitled to an education?

    So they can become constructive members of society.


  • Registered Users, Registered Users 2 Posts: 726 ✭✭✭Goat the dote


    They can't, it's centralised down the country. I think in Offaly, so your local Guard cannot help.
    And rightly so. If everyone chatted to a guard they knew there'd be limited disclosure of facts.
    OP if they decline you a place on the basis of a criminal record then really the only person to blame is yourself


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Refusing me education (which is a basic human right) based solely on the fact that i have a criminal record.
    We'll, that's nonsense. With a "few public order offences" and a bomb threat, I'd say most colleges would be falling over themselves to take you on.


  • Banned (with Prison Access) Posts: 1,586 ✭✭✭sasta le


    A few public order offences? If an interview they can make a choice on if they want you or not


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