RPL Directory Terms of Inclusion for Recognised Qualification Providers. Version 0.1

Transcription

1 RPL Directory Terms of Inclusion for Recognised Qualification Providers Version 0.1

2 Contents Background... 3 It is agreed as followed: Definitions and Interpretation Scope & Duration of Agreement Inclusion Criteria Intellectual Property Warranties Suspension and Termination Confidentiality Freedom of Information and Transparency Data Protection No Partnership or Agency Notices Dispute Resolution Force Majeure Waiver Rights of third parties Governing Law & Jurisdiction Severability Version 0.1 Page 2 of 15

3 Background (A) The College of Policing (The College) is the professional body for policing in England and Wales. Its purpose is to provide those working in policing with the skills and knowledge necessary to prevent crime, protect the public, and secure public trust. It will seek to raise professional standards in policing by using the policing knowledge base, its legal powers in England and Wales, its influence and connection with members and its ability to set educational requirements, test new ideas and innovate. (B) The Code of Ethics for Policing (the Code ), is a binding code of professional conduct for all those involved in the policing profession and the provision of services to the policing profession. The Code enacted through section 39A of the Police Act 1996 (as amended by the Anti-Social Behaviour, Crime and Policing Act 2014). The Code is fundamental to the College and the provision of its services, and the College will not undertake work that it, at its sole discretion, deems to be incompatible with the principles set out in the Code. (C) The Recognition of Prior Experience and Learning (RPL) is a process that gives police officers and staff academic credits for their experience and the courses they may have completed during their service. The College of Policing has created an indicative framework of credits to standardise the process, and an online tool to assist officers and staff in finding courses they might want to study. (D) The RPL Directory hereinafter referred to as the Directory, is a free online listing for institutions who have agreed to apply the principles of the College of Policing s RPL process, and who provide recognised academic and professional qualifications. The RPL process provides a mechanism to assist police officers and staff to have their previous learning and experience taken into consideration to help them achieve an academic or professional qualification. (E) We recommend you read the entire application pack in addition to the College of Policing Legal Documents prior to submitting any application for inclusion on the directory. For all applications received, it will be deemed that the party(s) have accepted the following terms and conditions herein. It is agreed as followed: 1. Definitions and Interpretation Term Definition The College Members The College College of Policing Members Version 0.1 Page 3 of 15

4 the Code RPL RPL Directory Application for inclusion Recognised Qualification Provider Inclusion Criteria recognised academic qualification authorised awarding body professional qualification professional body Initial Application Form The Code of Ethics for Policing enacted through section 39A of the Police Act 1996 (as amended by the Anti-Social Behaviour, Crime and Policing Act 2014) The Recognition of Prior Experience and Learning The College of Policing Directory of courses that recognise the accreditation of prior learning set out in the National Policing Curriculum Matrix and the Advanced Standing Matrix An application to have a course included in the CoP RPL Directory A provider who is capable of awarding a recognised academic or professional qualification Criteria set out by the College of Policing that must be adhered to in order for a course to be listed in the College s RPL Directory An academic qualification which is given by an authorised awarding body Bodies that have been granted degree awarding powers by either Royal Charter, Act of Parliament of the Privy Council Achievement of professional certification in an area of learning overseen by an appropriate professional body An organisation seeking to further a particular profession who are in involved in development and monitoring professional education programs The initial application form is the first point of enquiry for an individual wanting to have their prior learning taken into consideration against an academic or professional qualification Version 0.1 Page 4 of 15

5 RPL policy National Police Curriculum Matrix College Advanced Standings Matrix Credit Level CSR policy Intellectual Property Rights (IPR) FOIA EIR A policy for the recognition of prior learning held by a University or organisation who accredit prior learning A matrix of courses developed and maintained by the College of Policing with associated academic credit levels and values A matrix of skills and experience learning may have been achieved from during a policing career, indicating the minimum academic credit levels and values that may be awarded within different roles Represent the level of complexity and depth of knowledge involved at that level of education Corporate Social Responsibility Policy all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world Freedom of Information Act 2000 and any subordinate legislation made under that Act from time to time, together with any guidance and/or codes of practice issued by the Information Commissioner or any relevant Crown Body in relation to such Act Environmental Information Regulations Version 0.1 Page 5 of 15

6 2004, together with any guidance and/or codes of practice issued by the Information Commissioner or any relevant Crown Body in relation to such Regulations DPA CEDR ADR notice Data Protection Act 1998 The Data Protection Act controls how personal information is used and should be in accordance with data protection principles. Centre for Effective Dispute Resolution Alternative Dispute Resolution Notice 2. Scope & Duration of Agreement 2.1. As the College is continuously enhancing and evolving, the College reserves the right to vary, update or replace these terms and conditions by giving as much notice as reasonably practicable recognised qualification provider. The College shall endeavour to give 30 days notice, however, some changes, such as those demanded by any regulator, may need to take immediate effect. 2.2 This Agreement shall come into force on the date the application is made, and shall continue for the term of the listing unless terminated in accordance with the provisions of this Agreement. 3. Inclusion Criteria 3.1 When an application for inclusion onto the directory is made the information provided must be accurate and complete. An application made on behalf of an organisation or other entity you includes you and that entity, and you represent and warrant that you are authorised to bind the entity to these terms. 3.2 In order to be listed on the directory organisations and the associated courses must comply with the following, NOTE failure to comply with any of the following could result in the removal of the listing by the College: a) The course being listed must lead to a recognised academic qualification from an authorised awarding body or a professional qualification awarded by a UK professional body b) The institution must be part of the regulated Higher Education sector or relevant UK professional body. You may need to provide supporting affiliation or appropriate accreditation information as required. c) The course being listed must result in a qualification at academic Level 4, 5, 6, 7 or 8 Version 0.1 Page 6 of 15

7 d) The course being listed must have current internal validation or quality assurance to ensure the course content and assessment processes are mapped at the appropriate academic level and fit for purpose e) Institutions wishing to have course listed in the College Directory must be based in England, Wales or Northern Ireland. f) Institutions must accept the College of Policing Initial Application Form as the starting point for any individual applying g) Courses listed must be available for individuals to apply for independently h) Institutions must have a current RPL policy i) Courses listed must be relevant to policing or the leadership and management of policing. Courses relevant to policing are defined as, but not limited to: Courses that cover aspects of policing, criminal justice or law enforcement. They should contribute to the understanding, prevention, investigation or prosecution of crime or public order. And courses which would add value to the Leadership and Management of Policing. The ultimate decision as to whether a course was relevant to policing would be at the discretion of the College. j) Courses listed should be part time, distance learning or blended learning courses. Full time courses will not be listed, except where a full time course also offers a part time option. k) Institutions listing their courses in the College s Directory must adhere to the College National Police Curriculum Matrix, and agree to award the minimum number of credits as set out in the National Policing Curriculum Matrix (subject to appropriate evidence) in relation to courses listed l) Institutions listing their courses in the College s Directory must adhere to the College Advanced Standing Matrix, and agree to award the minimum number of credits as set out in the Advanced Standing matrix (subject to appropriate evidence) in relation to learning gained from experience m) Institutions listing their courses in the College s Directory must agree to share data on a biannual basis, relating to the College s RPL application process to allow assessment of the project, to include, but not limited to: the numbers of applicants for RPL, the number of successful applicants and the content and scoring of the RPL application n) Institutions listing their courses in the College s Directory must agree to share data on a biannual basis, relating to the success of the applicant applying through the College s RPL process, to include, but not limited to, the number of individuals successfully completing the programme, the number of individuals dropping out of the programme, the reasons for not completing a programme o) Institutions listing their courses in the College s Directory accept the credit level and value given to any new College of Policing course, as identified during the design and validation process of that course p) Institutions having their courses listed on the College s Directory must have a Corporate Social Responsibility (CSR) policy which aligns with the College s Code of Ethics. 3.3 All content submitted to the College must: Version 0.1 Page 7 of 15

8 a) include details for a support contact which users may get in touch with regarding the content submitted. This can be provided either within the submission information, or on the directory listing. b) Not display adverts or content of an obscene, defamatory, harassing, offensive or malicious nature or which we otherwise deem to be inappropriate. 3.4 To implement and enforce this agreement the College will: a) Reject any content submitted which does not meet the criteria set out above b) Periodically check content submitted to the Directory for continuing compliance with the criteria set out herein 4. Intellectual Property 4.1 The Registered Centre retains all ownership of their rights in their Materials/Content, but hereby grants the College at no cost a worldwide, nonexclusive, royalty free, perpetual licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform all Material/Content of any sort whatsoever (including their logo) uploaded or supplied by the Registered Centre for publication on the College s free online RPL Directory. 4.2 The Registered Centre shall ensure that they have the right to use all Materials/Content of any sort whatsoever which they use to deliver any of their obligations under this Agreement, or use to participate in the College s free online RPL Directory. 4.3 The Registered Centre agrees that they are solely responsible for their Materials/Content and the consequences of publishing it on the College s free online RPL Directory. 4.4 Subject to the terms of this Agreement, the College hereby grants Registered Centres a non-exclusive, royalty free, revocable and limited licence to access and use the College s National Police Curriculum RPL and Advance Standing Matrices for the purpose of this Agreement. 4.5 The above licence granted by the College terminates when the Registered Centre s Materials/Content is removed of deleted from the College s free online RPL Directory. 4.6 The Registered Centre may not use the College s name in a manner which might imply that they or their products and services, courses, programmes or publications are sponsored, endorsed or affiliated with the College. 4.7 No rights are granted by the College in respect of the right to use the College s logo. Version 0.1 Page 8 of 15

9 5. Warranties 5.1 The Registered Centre warrants, represents and undertakes that: All information provided and communicated (whether in writing or otherwise) to the College by the Registered Centre in connection with the Agreement including the application form and listing on the directory shall be true, complete and accurate in all material respects and shall be updated from time to time to ensure it is current One of the Registered Centre s primary objectives must be to provide advice and information to applicants about access and admission to higher education and related matters It has full right, power and authority to enter into the Agreement It is of sound financial standing and the Registered Centre is not aware of any circumstances that may adversely affect such financial standing in the future It has full right, power and authority to share the applicant data with the College. 6. Suspension and Termination 6.1 The College may suspend the listing: If the College has reasonable grounds to believe that the Registered Centre or a user has not complied with the Agreement. The College will notify the Registered Centre of such suspension and the reasons for it as soon as reasonably possible (and where reasonably practicable, will endeavour to give notice in advance of such suspension) If, in the Colleges reasonable opinion, the Registered Centre no longer meets the inclusion criteria as listed in Clause If the listing and association to the Registered Centre would or be likely to damage, or the acts or omissions of the Registered Centre have damaged, the goodwill or reputation of the College In respect of an individual user without notice if a complaint has been made against that user in relation to a suspected act or omission that constitutes a breach of the Agreement. The College will endeavour to notify the Registered Centre at the earliest opportunity of any such investigation or suspension. The complaint will be investigated and the listing will remain suspended until the College receives the results of that investigation. 6.2 Either party may terminate the Agreement (in whole or in part, including termination of any individual listing) if the other party is in material or persistent breach of the Agreement, by giving written notice specifying the breach and (if capable of remedy) requiring it to be remedied. If the breach is not remedied within 21 days of the date of the notice then the Agreement shall end on the expiry of the 21-day notice period. If the breach is not remediable, termination will take effect immediately. 6.3 If the College has reasonable grounds for believing that a User or the Registered Centre is in breach of any of clauses 3, 4, 7, or 9 the College may immediately suspend the listing under clause 6 and if the registered centre fails to correct such breach (if capable of remedy) within seven days of receiving notice of such breach, Version 0.1 Page 9 of 15

10 the College may immediately terminate the Agreement by written notice to the registered centre 6.4 If you the Registered Centre wishes for the organisation or any specific course removed from this list, please with the subject 'RPL directory remove' and we will remove the listing from the directory. 6.5 The College reserves the right to delete any directory entry, or take action against any account, at any time, for any reason. 7. Confidentiality 7.1 Except as otherwise expressly stated in the Agreement, the parties shall keep confidential all confidential information communicated in confidence or obtained as a result of the relationship under or leading to the Agreement. 7.2 Each party shall only use such confidential information for purposes related to the performance of the Agreement. 7.3 This obligation of confidentiality shall survive termination of the Agreement for a period of six years. However, disclosure is permitted in the following circumstances: By reason of any law, regulatory requirement, court order or order of a competent statutory authority or To its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Customer's obligations under this agreement; and shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause Freedom of Information and Transparency 8.1 The Registered Centre acknowledges that the College is subject to the requirements of the Freedom of Information Act (FOIA) and the EIRs. The Registered Centre shall: (a) provide all necessary assistance and cooperation as reasonably requested by the College to enable the College to comply with its obligations under the FOIA and EIRs; (b) transfer to the College all Requests for Information relating to this Agreement that it receives as soon as practicable and in any event within two working days of receipt; Version 0.1 Page 10 of 15

11 (c) provide the College with a copy of all information belonging to the College requested in the Request for Information which is in its possession or control in the form that the College requires within five working days (or such other period as the College may reasonably specify) of the College's request for such information; and (d) not respond directly to a Request for Information unless authorised in writing to do so by the College. 8.2 The Registered Centre acknowledges that the College may be required under the FOIA and EIRs to disclose information (including commercially sensitive information) without consulting or obtaining consent from the Customer. The College shall take reasonable steps to notify the Registered Centre of a Request for Information (in accordance with the Secretary of State s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Agreement) the College shall be responsible for determining in its absolute discretion whether any commercially sensitive information and/or any other information is exempt from disclosure in accordance with the FOIA and/or the EIRs. 9. Data Protection 9.1 Each party shall comply with their obligations under the Data Protection Act (DPA) and ensure that personal data is used at all times in compliance with the DPA. 9.2 The Registered Centre indemnifies the College for all liabilities, costs, expenses, damages and losses (including direct losses, loss of profit, loss of reputation and all interest, penalties, legal and other reasonable professional costs and expenses suffered or incurred by the College) as a result of the breach of DPA obligations under this Agreement by the Registered Centre. 10. No Partnership or Agency 10.1 Nothing in this Agreement is intended to, or shall operate to, create a partnership between the Parties, or to authorise either Party to act as agent for the other, and neither Party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). Version 0.1 Page 11 of 15

12 11. Notices A notice given to a Party under or in connection with this Agreement: (a) shall be in writing in English (or accompanied by a properly prepared translation into English); (b) shall be signed by or on behalf of the Party giving it; (c) shall be sent for the attention of the person, at the address, fax number or address specified in this clause (or to such other address, fax number, address or person as that Party may notify to the other, in accordance with the provisions of this clause); and (d) shall be: (i) delivered personally; or (ii) sent by commercial courier; or (iii) sent by fax; or (iv) sent by ; or (v) sent by pre-paid first-class post or recorded delivery; or (vi) sent by airmail requiring signature on delivery The addresses for service of a notice are as follows: Leamington Road, Coventry, CV8 3EN FAO: Contracts Officer If a notice has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows: (a) if delivered personally, at the time of delivery; or (b) if delivered by commercial courier, at the time of signature of the courier's receipt; or (c) if sent by fax, at the time of transmission; or (d) if by , within two days after transmission, or Version 0.1 Page 12 of 15

13 (e) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second day after posting; or (f) if sent by airmail, five days from the date of posting For the purposes of this clause 11: (a) all times are to be read as local time in the place of deemed receipt; and (b) if deemed receipt under this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), the notice is deemed to have been received when business next starts in the place of receipt To prove delivery, it is sufficient to prove that: (a) if sent by fax, the notice was transmitted by fax to the fax number of the Party; or (b) if by , the notice was transmitted by to the address of the Party without receipt of an error message in respect of the notice sent, or (c) if sent by pre-paid first class post, the envelope containing the notice was properly addressed and posted The provisions of this clause 11 shall not apply to the service of any process in any legal action or proceedings. 12. Dispute Resolution 12.1 If any dispute arises in connection with this agreement, the College's Manager and the Registered Centres Manager shall, within thirty days of a written request from one Party to the other, meet in a good faith effort to resolve the dispute If the dispute is not resolved at that meeting, the Parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator will be nominated by CEDR. To initiate the mediation, a Party must give notice in writing (ADR notice) to the other Party requesting a mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than thirty days after the date of the ADR notice. Version 0.1 Page 13 of 15

14 12.3 No Party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay. 13. Force Majeure 13.1 The parties will not be liable to one another to the extent that the other party is unable to perform an obligation because of any factor outside its control, including, but not limited to, changes in applicable law, acts of God, industrial action, default or failure of a third party, war, riot, terrorist act, governmental action, or by any act or decision made by a court of competent jurisdiction. 14. Waiver 14.1 A waiver of any right or remedy under this Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of any such right or remedy. 15. Rights of third parties 15.1 A person who is not a Party to this Agreement shall not have any rights under or in connection with it. 16. Governing Law & Jurisdiction 16.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales. Version 0.1 Page 14 of 15

15 16.2 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). 17. Severability 17.1 If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or partprovision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the Parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the Parties' original commercial intention. Version 0.1 Page 15 of 15