SCOTTISH universities face legal action if middle class students are pushed out by a rise in numbers from deprived backgrounds, lecturers claim.
The warning comes as the government presses ahead with new legislation to ensure higher education institutions make greater efforts to widen access.
Under the plans, more use will be made of so-called contextualised admissions, where a student’s background is looked at as well as their exam results.
Although the Government has given universities extra money for 2013/14 to pay for more than 700 places on widening access schemes, the Scottish Liberal Democrats warned last month “many” Scottish students could be displaced in future.
Lecturing union UCU Scotland said universities should be protected from legal action by disgruntled students in a written submission to the Scottish Parliament’s education committee – which is scrutinising the Post-16 Education (Scotland) Bill.
The submission states: “We have called for greater emphasis on contextualisation in admissions, but this can be problematic. There may be a need for a statutory duty to protect institutions and, in particular, admissions staff from libellous claims.
“The proposals only legislate to force institutions to broaden access and it is not clear that this alone will protect institutions.”
Mary Senior, the UCU’s Scottish official, added: “This might mean that two candidates with identical grades fare differently when their family background or the school they attend are taken into account.
“We’re calling for support for staff who are taking these decisions, particularly if admissions staff are challenged by a student unhappy with outcomes.”
The committee also heard concerns that changes to the governance of colleges could result in the loss of their charitable status, worth some £50 million annually to the sector.
Under the law, an organisation cannot be a charity if the Scottish Government has the power to influence key appointments, as will be the case under the proposed legislation.
Colleges Scotland, which represents college principals, said: “The Scottish Government has given assurances that charitable status will not be affected by these provisions, but given the extent of change, and new ministerial powers, we would welcome the committee seeking clarification from the Office of the Scottish Charity Regulator.”
A Scottish Government spokesperson said: “Admissions decisions are absolutely a matter for universities. Universities have admissions policies in place which are clear on the basis for considering applications.”
Decisions can already made on the basis of more than just grades, with personal statements, references, relevant work experience and interviews all being considered when appropriate.
Widening access does not change that and does not over-ride the responsibility of the Universities to conform with relevant legislation.
“The Scottish Public Service Ombudsman can consider complaints in relation to universities if the individual has exhausted the complaints process of the institution.”
It has also backed its plan to introduce a cap on fees charged by universities here to students from the rest of the UK.
The statement comes after The Herald yesterday revealed that a group representing the chairs of university’s ruling Courts want the £9000 cap scrapped.
The limit was introduced to ensure a level playing field with universities in the rest of the UK, which can also charge fees of up to £9000.
But the Committee of Scottish Chairs, which represents the governing bodies of 12 universities in Scotland, believes institutions should be allowed to set their own maximum fee – raising fears of an increase.
A government spokeswoman said: “The legislative cap in the Bill will ensure consistency in future and help protect students from around the UK who wish to study in Scotland.
“Admissions decisions are absolutely a matter for universities.
“The universities have admissions policies in place which are clear on the basis for considering applications. Decisions can already made on the basis of more than just grades, with personal statements, references, relevant work experience and interviews all being considered when appropriate. Widening access does not change that and does not over-ride the responsibility of the Universities to conform with relevant legislation.
“The Scottish Public Service Ombudsman can consider complaints in relation to universities if the individual has exhausted the complaints process of the institution.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article