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University of Bradford Student Contract

Part Two: Terms and Conditions of Enrolment for the 2016/17 Academic Session

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Part Two: Terms and Conditions of Enrolment for the 2016/17 Academic Session Download Part Two: Terms and Conditions of Enrolment for the 2016/17 Academic Session
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Definitions

We/Us/ Our means University of Bradford

You/Your means a registered and/or an enrolled student of the University of Bradford

Both Parties means you and us

Contract means this agreement between you and us

Terms and Conditions means the clauses contained in this contract

University Ordinances means the framework that allows the University to govern its affairs. The University has 19 Ordinances. Wherever we refer to the University Ordinances we mean the Ordinances applicable to Students and referred to in Appendix 1: Important Information Document 21

University Regulations means a more detailed level of information of how the University governs its affairs. These sit under the University Ordinances. The University has 36 Regulations. Wherever we refer to the University Regulations we mean the Regulations applicable to Students and referred to in Appendix 1: Important Information Document 3

Applicant means a person who has submitted an application for a programme of study at the University of Bradford

Student means an enrolled student of the University of Bradford studying for a University of Bradford award at the University of Bradford on campus or by distance learning

Registered student means a student who has accepted the offer of a place on a programme and has satisfied any conditions which we may impose for acceptance to the University.

Enrolled student means a student who has a confirmed current activity status for the academic year 2016/17 and who has agreed to the terms and conditions set out below

Programme means your programme of study

A Student who has deferred means a student who has deferred their first enrolment point to sometime in the future

Educational Services means tuition, learning opportunities, examination, assessment and other related services as shown in our prospectus, on our website and in the relevant programme literature

Composite Fees means tuition fees together with any examination, registration or other fees payable in respect of your programme for which you are registered

Additional Costs means additional study related costs such as laboratory coats, equipment, printing and copying charges, library fines or replacement charges, mandatory field trip costs and third party costs

Important Information means the policies, rules and regulations, and requirements included in Appendix 1 ‘Important Information’.

Terms and Conditions of Enrolment

Introduction

  1. We want you to get the best out of your time at the University of Bradford. We want your experience with us to be successful, enriching and memorable. Both parties recognise that at enrolment, when you tick the box on the enrolment portal, you will be entering into a contractual relationship with us.

    Purpose

  2. This Contract sets out the obligations both parties owe to each other. Your obligations include pursuing your programme diligently and abiding by our rules and regulations (Appendix 1: Important Information). Our obligations require us to deliver the Educational Services and to support you to achieve your full potential.

  3. This contract sets out the principal terms and conditions of the contract between us and you. Together with the documents listed in the Appendices, the contract sets out the basis on which the University will provide you with Educational Services.

    How the contract is formed between you and the University

  4. You will be required to agree to and accept this contract, for the academic year 2016/17, as part of the enrolment process. As you complete the pre- enrolment portal you will be required to sign the contract by placing a tick in the box to state that you have read, understood and agree to be bound by the terms and conditions of this contract.

  5. By signing the contract you are confirming that the information you have provided to us is accurate, that you intending to take up your place on a programme of study and that you agree to abide by our rules and regulations (Appendix 1: Important Information).

    Age Restrictions

  6. If you are under the age of 18 at the point of enrolment your parent or legal guardian will be required to sign this contract on your behalf.

    Our Obligations

  7. We agree to deliver your programme, subject to the terms of this contract, in accordance with the descriptions set out in our prospectus, and the programme literature relevant to your chosen programme.

    Our Expectations of You

  8. We are committed to supporting you to achieve the best possible academic outcome. We believe that it is important that you fully engage with your programme to ensure that you have the best possible opportunity to succeed. Therefore, we expect you to attend all scheduled learning activities and to tell us as soon as possible if circumstances arise which affect your ability from doing so in accordance with Regulation 2 section 6.2 (Appendix 1: Important Information Document 1).

  9. We expect you to submit, by the due dates prescribed by the Faculty, all programme assessments as may be required by the relevant programme regulations and to tell us as soon as possible if circumstances arise which affect your ability from doing so in accordance with the Extenuating Circumstances Policy and Procedures (Appendix 1: Important Information Document 2).

  10. By signing this contract you agree to abide by our Regulations (Appendix 1: Important Information Document 3).

  11. We reserve the right to ask you to repeat or withdraw from your studies on academic grounds in accordance with the University’s Regulations Governing Awards (Appendix 1: Important Information Document 1).

    Student Conduct

  12. You confirm all the information that you provide in your application form, online registration or to the University’s employees or agents during the course of the contract is complete, up-to-date and accurate in all respects.

  13. If it is discovered that you have made false statements, provided false documents or omitted significant information or you have failed to provide required information, you will not have fulfilled the condition of the offer and we may withdraw or amend our offer to you or apply the Student Disciplinary Procedure or the Fitness to Practice Procedure. (Appendix 1: Important Information Document 5, and 6).

  14. You agree as part of this contract, to comply with our policies, rules and regulations, and requirements in existence. These documents in effect at the date of this contract are shown in the Appendix 1: Important Information and include a summary of the key points. The Important Information includes the University Statutes, Ordinances relevant to students, Regulations relevant to students, Fitness to Practice Policy and the Fitness to Study Policy. A full list of all University Ordinances and Regulations can be found at www.bradford.ac.uk/governance/ordinances-regulations/.

  15. You agree to comply with any requirement that may be appropriate to your programme of study for example any Statutory Body requirement, and/or, submitting an application to the Disclosure and Barring Service. Details of these requirements are set out in the Programme Handbook relevant to your programme (Appendix 2, Programme Handbooks). We may have to exclude you from completing a programme where you are unable to comply with these requirements.

  16. The University has a code of conduct for student members of the University which is set out in Ordinance 16 (Appendix 1: Important Information Document 21). If you breach the code we may deal with the matter under our disciplinary procedures as set out in Regulation 28 (Appendix 1: Important Information Document 3), and this could lead to a fine, suspension or expulsion from the University.

  17. Additional standards of professional behaviour are expected of you if you are on a qualification which is recognised and/or accredited by a Professional, Statutory and Regulatory Body for the purposes of registration as a health care or social care professional. These are set out in our Student Fitness to Practice Procedures (Appendix 1: Important Information Document 6). If you breach these standards we will deal with the matter in accordance with the Student Fitness to Practice Procedures and / or Regulation 28, and this could lead to suspension or expulsion from the University. We may also be obliged to share the information with the relevant Professional, Statutory and Regulatory Body, and this may affect your ability to further study or practice the profession in the future.

    Changes we make to Important Information and Programmes

  18. We will use our best endeavours not to make any changes to the Important Information or to our programmes during the academic year for which you are enrolled. However, there are occasions where some changes may be necessary to assist and support the proper delivery of Educational Services. The types of changes we might make to Important Information include changes to processes or procedures. The types of changes we might make to a programme include changes to title, content or location of delivery. We would usually only make changes where they are:

    • advantageous for students, for example where a change will enable us to keep our teaching up to date with the latest research developments;

    • for the maintenance of academic standards, for example where a change is required to maintain compliance with the Quality Code; or

    • required to secure our good operation and legal or regulatory compliance, for example if a change is required to maintain or gain a Professional, Statutory and Regulatory Body accreditation.

  19. We will only withdraw, discontinue, suspend or combine a programme of study if we consider it necessary to do so. For example, we may need to withdraw, discontinue or suspend a programme if the number of students who have applied for the programme are insufficient to be viable, if there is a change to the law, regulatory framework or Professional, Statutory and Regulatory Body requirement which we are unable to meet, or to address the outcome of quality assurance and enhancement processes. Where we have taken a decision to discontinue, suspend or combine a programme we will use our best endeavours to ensure that the experience of those students currently studying the programme is protected.

  20. Any changes to programmes will be made in accordance with the requirements for review and monitoring of programmes as set out in the Academic Quality Handbook (Appendix 1: Important Information Document 8), in consultation with you and other students, and giving you as much notice as possible. When discussing changes with you we will make clear the reason for the change. In considering any change, we will ensure that we give full consideration to your interests and to your rights under this contract. We will inform you of any changes to Important Information at the earliest opportunity, explaining the reason for the change. Notice of changes will be sent to the email address you have provided and/or your student email, will be published on the University’s Virtual Learning Environment, “Blackboard”, and will be detailed on the University website in our Register of Changes

  21. If you are unhappy with any changes we make to a programme, you have the right to:

    • request a transfer to an alternative and appropriate programme of study in the University. Whilst we will endeavour to provide this we cannot guarantee that this will be possible

    • pursue a complaint about this through the Complaints Procedure for Students (Appendix 1: Important Information Document 16);

    • withdraw from the programme and terminate this contract. We will provide you with an appropriate refund of your tuition fees calculated pro rata in accordance with our Composite Fee Liability Policy at Appendix 1: Important Information Document 9.

    Composite Fee Information and Additional Charges

  22. You are responsible for the timely payment of Composite Fees and the Additional Costs. The dates for the payment of tuition fees and instalment fees and those for any required deposits are shown in Appendix 1: Important Information Documents 9 and 13, Payment of Fees and Charges are also set out on the University‘s website http://www.bradford.ac.uk/fees-and-financial-support/

  23. In addition to the Composite Fees, you may be required to pay additional costs. Full details of the additional costs are detailed on our website on your specific programme web pages and will also be identified to you during induction.

  24. The sanctions for failure to pay any part of the Composite Fees are attached to this document (Appendix 1: Important Information Document 11) and are also set out on our website. Please note that the ultimate sanction for non-payment of the Composite Fees will be the termination of this contract.

  25. If you make an agreement to make payments by instalments on agreed dates, you must make payment on or before those dates without further notification from us.

  26. If you decide to defer your programme of study you will be charged the Composite Fee rate for the year you commence your programme. You will receive notification of this from the University.

    Cancellation and Refunds Relating to Distance Selling under Consumer Contract Regulations

  27. If this contract has been made between us by means of distance communications (i.e. if up to the point when you will place a tick in the box to state that you have read, understood and accepted the terms and conditions of this contract there has been no face-to-face contact between us, or visit to our University, or if your only contact with us has been via one of representatives e.g. an overseas agent), you are entitled to cancel the offer of a place to study with us and this contract by writing to us within fourteen (14) days from the date of the beginning of week 1 2016 (http://www.bradford.ac.uk/study/term-dates/) with a cancellation/withdrawal notice (Appendix 1: Important Information Document 15) (http://www.bradford.ac.uk/student-services/a-z/leaving--withdrawing-from-your-course.php) in writing by post to University of Bradford Student Registry Services, Richmond Road, Bradford BD7 1DP, or email to Hub@bradford.ac.uk.

  28. In the event of cancellation, in accordance with clause 28 , we will refund any fees and charges already paid by you (or by any third party on your behalf) within 30 days of processing your withdrawal, in accordance with the University’s Composite Fee Liability Policy (Appendix 1: Important Information Document 9).
  29. Where applicable you agree to return any benefit, for example scholarships and grants you may have received as a result of your application, including any study materials and any documentation provided by us to you; and you will bear all the costs associated with doing so.

    Cancellation /Withdrawal/ Termination and Refunds

  30. If you decide to withdraw from the University and cancel the contract, you are advised to speak to your Faculty who can give you advice as to the available options. If you decide to proceed with withdrawal and cancellation you must send a cancellation/ withdrawal notice (Appendix 1: Important Information Document 15) (http://www.bradford.ac.uk/student-services/a-z/leaving--withdrawing-from-your-course.php) in writing by post to Student Registry Services, The Hub, Richmond Road Bradford, BD7 1DP or email to (Hub@bradford.ac.uk). We will refund any fees already paid by you (or by any third party on your behalf) on a pro rata basis as set out in Appendix 1: Important Information, Document 9.

  31. Your end date is the date your notification of withdrawal, is received in writing, or, a later date if advanced notification is given by you that you intend to withdraw at a date in the future. It is not your final date of attendance at the University.

  32. If you choose to withdraw from your programme you will be awarded any academic credit and fall-back awards to which the academic assessment you have completed at the point of your withdrawal entitles you to, in accordance with the University’s Regulations Governing Awards (Appendix 1: Important Information Document 1)

    When and How our Contract can Terminate

  33. The contract and relationship between you and us will end:

    • If you withdraw from the University;

    • If you are required to withdraw or you are expelled in accordance with the Student Disciplinary Procedure (Appendix 1: Important Information Document 5) or Fitness to Study Policy (Appendix 1: Important Information Document 7), subject to your right to appeal under these procedures;
    • If you are required to withdraw as a result of a decision reached by the Board of Examiners regarding your academic performance Regulation 2 Appendix 1 ‘Important Information Document 1 subject to your right to appeal under these procedures;

    • If you fail to pay the Composite Fees in accordance with Appendix 1: Important Information Documents 9, 10 and 11;

    • Between accepting an offer and starting your Programme there is a change in your circumstances and you are no longer eligible to take up your place of study subject to your right to appeal under Regulations Governing Appeals and Complaints by Applicants against an aspect of their Admission Process ( Undergraduate/Postgraduate Taught/Postgraduate Research) (Appendix 1: Important Information Document 17);

    • Your circumstances change and you are no longer able to comply with the policies, rules and regulations, and requirements as set out in the Appendix 1: Important Information Documents, subject to your right to appeal under the relevant procedures;

    • As a student who is studying with us and who is subject to compliance with UK Visa and Immigration regulations (Tier 4), your right to University sponsorship and right to study is revoked. This is subject to your right to appeal under Regulations Governing Appeals and Complaints by Applicants and Students against a Decision in relation to Compliance with UK Visa and Immigration Regulations (Tier 4) (Appendix 1: Important Information Document 18);

    • As a student who is studying with us and who is subject to compliance with UK Visa and Immigration regulations (Tier 4), your right to University sponsorship and right to study is revoked. This is subject to your right to appeal under Regulations Governing Appeals and Complaints by Applicants and Students against a Decision in relation to Compliance with UK Visa and Immigration Regulations (Tier 4) (Appendix 1: Important Information Document 18);

    • As a student who is studying with us and who is subject to compliance with UK Visa and Immigration regulations (Tier 4), your continuing to study puts us in breach of any requirements and legal obligations of the immigration requirements. This is subject to your right to appeal under Regulations Governing Appeals and Complaints by Applicants and Students against a Decision in relation to Compliance with UK Visa and Immigration Regulations (Tier 4) (Appendix 1: Important Information Document 18);We find that you have provided us with inaccurate, incomplete, false or misleading information or you have failed to provide us with all relevant information, relating to your application to study on the programme. This is subject to your right to appeal under University procedures which include Regulations Governing Appeals and Complaints by Applicants against an aspect of their Admission Process (Undergraduate/Postgraduate Taught/Postgraduate Research) (Appendix 1: Important Information Document 19), Student Disciplinary Procedure (Appendix 1: Important Information Document 5), Fitness to Practice Procedure (Appendix 1: Important Information Document 6);
    • Your behaviour represents a significant risk to the health, safety of welfare of yourself or others as detailed in the Fitness to Practise Procedure and Fitness to Study Policy Appendix 1: Important Information Documents 6 and 7, subject to your right to appeal under these policies.

    You have a right to submit an appeal under Regulation 6 Appeals by Students against an Aspect of their Academic Assessment (Appendix 1: Important Information Document 4)

    You have the right to submit a complaint under the Complaints Procedure for Students on all aspects of your experience at Bradford for which we are responsible. This includes matters relating to the Student’s Union. For exceptions to this please see Complaints Procedure for Students (Appendix 1: Important Information Document 16).

  34. On the termination of this contract we will refund any fees and charges that are due to you on a pro rata basis in accordance with the Composite Fee Liability Policy (Appendix 1: Important Information Document 9).

    Liability

  35. We will be liable to you for any direct loss or damage you suffer if we either fail to carry out our obligations under this agreement to a reasonable standard; or breach any relevant duties that we owe to you that are imposed on us by law (including if we cause death or personal injury to you by our negligence), but not to the extent that such failure is attributable to:

    • Your own fault;
    • The fault of a third party.
  36. Our liability to you in the case of loss or damage other than for death or personal injury or fraud is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.

  37. We will not be liable to you for events outside our control which we could not have foreseen or prevented even if we had taken reasonable care. Events outside our control include industrial action, over or under demand from students, staff illness, significant changes to Higher Education funding, severe weather, fire, civil disorder, political unrest, government restrictions and concern with regard to the transmission of serious illness. In such circumstances, we reserve the right to change or cancel parts, or all, of your Programme.

    Intellectual Property (IP)

  38. We undertake not to assert any rights on intellectual property generated by undergraduate students during your programme. However, our assistance may be available to you if you wish to pursue exploitation of this IP in which case the rights may be more appropriately assigned to us.

  39. For postgraduate students, we claim ownership of all intellectual property as specified in section (6), of the Copyright Designs and Patents Act 1988 which is devised, made or created by you engaged in study or research at the University subject to clause 40. The University pursues specific research themes which it intends to commercialise and generate impact within a wider context. In order to achieve this, the University requires the ability to control all IP generated within the University which may relate to those themes. This is to ensure that the situation does not arise where the University cannot create the desired impact due to a small piece of related IP being outside of its control which may be integral to the whole.

  40. Our rights under (39) above in relation to any specific piece of intellectual property may be waived or modified by agreement in writing with both parties concerned. This may occur when IP is not to be exploited by us in which case the rights may be assigned to the inventor. However, we retain the right to receive a revenue share of any net income if or when the IP is exploited.

  41. We acknowledge that in certain circumstances, external funding including but not limited to; research council, charities, companies and other institutions may have an impact on the ownership of IP generated. This will be dealt with appropriately, on a case-by-case basis.

  42. For further reference regarding ownership of IP will be in accordance with Appendix 1: Important Information Document 5.

    Information Sharing and Data Protection

  43. The University collects and processes your personal data for the following reasons:

    • in order to make admission decisions;

    • to improve the student experience;

    • to provide information and education to you;

    • for administration, health, safety, welfare and security reasons;

    • in the case of International Students requiring a Visa, to comply with our legal obligations to the UKVI.
    • Award purposes
  44. We are also required to disclose your personal data to statutory bodies including, for example Higher Education Statistics Agency (HESA), Higher Education Funding Council for England (HEFCE), Office of the Independent Adjudicator (OIA). By signing this contract you agree to this personal data being processed in accordance with Appendix 1: Important Information Document 12. Some of your personal data may, because of its nature, be sensitive within the meaning of the Data Protection Act 1998.

    Health, Safety and Wellbeing Policy (Appendix 1: Important Information Document 13)

  45. You have a legal duty to take reasonable care to avoid injury to yourself or to others. You must:

    • abide by our Health, Safety and Wellbeing (HSW) Policy (Appendix 1: Important Information Document 13);

    • cooperate with us in HSW matters;

    • not carry out any activity that may harm yourself or others;

    • raise any issues (including health conditions which may affect or be affected by your study) with your Personal Academic Tutor (PAT) and/or student support services in the Directorate of Student Academic Services;

    • not interfere or misuse anything provided for HSW;

    • make yourself aware of the HSW policy and follow its requirements;

    • report all accidents and incidents;

    • participate in HSW training as required.

    IT Facilities

  46. You will have the use of our IT facilities while you are a registered student with us and maintain the required payments for your Composite Fees. You must be aware of and observe the rules and regulations governing such use as set out in Regulation 21 and supporting policies relating to the use of our IT services, as shown in Appendix 1: Important Information, Document 14.

    General

  47. If any section of this contract is or becomes void or unenforceable it will not affect the validity or enforceability of the other sections of this contract.

  48. This contract is personal to you. A person who is not party to the contract (including without limitation any party that is responsible in whole or part for your tuition fees) shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.

  49. Failure to enforce any of the sections in this contract will not constitute a waiver of any section and will not affect our right to enforce that or any other section.

  50. 50 Any notice or other information that is required to be given either by us or you relating to this contract between us must be in writing and may be given by hand or sent by post or email to: Academic Registrar (academicregistrar@bradford.ac.uk) for the University and; the email contact details you have provided to us or your student email address.

  51. You will be responsible for informing us of any changes to your contact details. Any notices or information sent to the last email and postal address provided by you will be deemed to have been properly given.

  52. This contract shall be governed by and construed in accordance with the laws of England and Wales and both parties agree to submit to the jurisdiction of the courts of England and Wales. You are therefore agreeing to submit to the non-exclusive jurisdiction of the English courts.

    Questions about this Agreement

  53. When you have reviewed the information provided you may direct any questions about these Terms and Conditions to the University Secretary (universitysecretary@bradford.ac.uk) before you sign to accept.

    If things go wrong

  54. If you have a complaint about us, it is recommended that you use the Complaints Procedure for Students (Appendix 1, Important Information Document 20) which is intended to resolve any complaints by you as promptly, fairly and amicably as possible.

  55. If, having followed the Students Complaint Procedure to completion, you remain dissatisfied; you have the right to make a complaint to the Office of the Independent Adjudicator for Higher Education (http://www.oiahe.org.uk/).

  56. If you qualify for the Academic AAB/ABB Scholarship you agree to T&Cs listed below:
    • If you withdraw from the university within a month of receiving a scholarship payment you will need to repay that payment. You can contact the Fees and Financial Support if you require more information.
    • A scholar’s progress is reviewed at the end of each academic year. You have to achieve an average of 60.00% or above in all 120 credits as part of the progression criteria to be considered for a continuing award. Please note that the progression criteria for the scholarship are assessed separately to the academic assessment.
    • If you withdraw from the university within 1 month of receiving your £500 Blackwells card you are required to repay any money spent to date. You can contact the Fees and Financial Support if you require more information.
    • If you withdraw from the university after 1 month of receiving the £500 Blackwells card you will no longer have access to any of the remaining balance.
    • You will not be eligible for the scholarship during an academic year if you are not paying a full-time tuition fee e.g. during a placement year or repeating study.
    • The University reserves the right to investigate and possibly withdraw a student from the scholarship programme if there is adequate proven evidence of consistent poor attendance or proven allegations of academic misconduct.
    • We may use information collected regarding scholars in our University marketing activities; however, students' names and other personal information will not be given out without permission from the student, via an email request from us.
    • All scholars agree to allow us to share certain data (name, course, student ID number etc. as required) with other parties within the university.
    • The University reserves the right to make reasonable changes to these terms and conditions at any time and will advise valid scholars if this occurs, as and when required.

Appendices

Appendix 1: Important Information, Index and Key Points

We are committed to ensuring that you have access to all the information you need to make an informed decision about choosing to study at the University of Bradford.

Our Important Information webpage sets out the policies, rules and regulations, and requirements which you are agreeing to.

Appendix 2:  Programme Handbooks

Programme Handbooks are available on the Timetables website.