University of Chichester
ACADEMIC REFERENCES: GUIDANCE NOTE ON GOOD PRACTICE
For all staff required to provide references for students
The guidance set out below is drafted with reference to Anti-discrimination
legislation including the Disability Discrimination Act 1995 (DDA), the Data
Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOIA)
What follows relates to references written on behalf of students by members of staff
acting in their capacity as employees of the University. It does NOT cover
references for staff colleagues or students seeking a reference from the University as
their employer (in this connection advice and guidance should be sought from the
University’s Human Resources Department), or to references written in a private
capacity (although there may be similar legal implications).
Staff have a general duty of care when preparing references for students and such
duty of care also has a legal dimension i.e. a referee may be liable for damages to
the subject of a reference if loss is caused to that person through negligence, i.e.
carelessness on matters of fact or opinion. The following guidance outlines good
practice and if followed, it should protect both the referee and the University from
legal action.
(This short paper does not cover all questions relating to the writing of references. For further
information and advice contact the Data Protection Officer or Head of Careers.)
1.
Points of guidance when writing references for students:
The principal aims of providing a reference are firstly to confirm facts (e.g. the
accuracy of the statements made in an application), and secondly to provide fair and
relevant opinion (e.g. opinion as to the candidate's suitability for a post, a further
programme of study, or general potential).
Accordingly:i.
ii.
iii.
iv.
v.
vi.
Ensure that the reference is factually accurate and complete. It is strongly
recommended that, as appropriate, you read the contents of the current
Student files held within Academic Registry and/or the Faculty Administrative
office or request the archived file from Academic Registry (Student Records)
as an aid to checking the facts.
Clearly distinguish between statements of fact and opinion. ('Based upon
performance to date, he is likely to get a first class degree' is a clearly stated
expression of opinion, but 'he will get a first class degree' might be construed
as a factual statement.) In predicting outcomes, guard against expressing
them as facts.
Only express opinions that are relevant, and that you are competent to give.
("I believe that X is well-suited to the post", is appropriate, whereas, "X will be
successful in the role" is probably not.)
Try to be fair, bearing in mind the duty of care owed to both the subject and
the recipient of the reference.
Avoid ambiguous or coded language. If your knowledge of the candidate
leads you to a definite opinion, then this can be expressed, however, less
certain feelings (negative or positive) should not be conveyed, or hinted at.
All reference correspondence should be written on University headed paper
and marked “Private and Confidential (on both letter and envelope) and
should state that the reference is for the addressee only for the specific
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University of Chichester
vii.
purposes intended. Notwithstanding this, having regard to the DPA, it is not
possible to prevent references supplied by the University from being legally
accessible, following a data request by students or former students. A
student is, however, less likely to be allowed access if the confidential
circumstances surrounding the reference request have been made clear i.e.
that the referee does not expect or agree to disclosure of the reference to the
data subject. Notwithstanding the above, it is good practice to draft a
reference in the knowledge that the subject may have sight of it at some point
and indeed some referees may themselves be happy to share this information
with the student concerned.
All references should include, at the end, the following disclaimer:
“Reference Disclaimer: This reference is given in good faith and all reasonable
efforts have been taken to ensure its accuracy. However, we do not guarantee that
the reference is accurate and if loss is caused by relying on the reference then
neither the author, nor the University, nor the recipient, nor the individual who is the
subject of the reference will be liable.”
Place a copy of the reference you write on the central record. For both
current students and ex-students send it to Academic Registry (Student
Records) to be filed or archived, as appropriate.
2.
Oral References
Resist such requests e.g. telephone references, other than in exceptional
circumstances (e.g. Ministry of Defence can request references via lengthy personal
interview, in person with referees). Oral references are easily mis-heard, mistranscribed or misinterpreted. Also, a reference usually demands more consideration
than a telephone call allows. Where deemed unavoidable (and only then in the
candidate's interest), a statement could be provided that is limited to the facts and
this should be followed up directly in writing (e.g. fax). If staff are approached by the
Ministry of Defence for an oral reference, they are encouraged to speak with the
relevant Deputy Dean, before doing so.
3.
Unsolicited References
This relates to references requests which fall outside formal mechanisms, e.g. where
the subject has not, to your knowledge, cited you as a referee, or where an employer
is contacting you just to “sound you out”. It is recommended that such requests are
resisted as no University audit trail of the reference will exist and this could have
legal implications for both the University and the member of staff approached. In
these instances the enquirer should be referred to Academic Registry (Student
Records) for appropriate action.
4.
Requests where a job has been offered 'subject to references'
Such requests can cause confusion. General advice would be to interpret them as
seeking to verify facts about the candidate - rather than as requesting opinion
regarding suitability or potential. Although the response provided will be a matter of
judgement, in the best interests of the student concerned, normally, the referee
should decline to provide opinion in such cases, as a matter of University policy.
5.
Who should (and should not) provide references?
The most appropriate referee for a student is either the current/ex-academic adviser,
or a tutor nominated by the programme who is deemed to be best placed to write the
reference. The reference should be limited to matters of fact, or opinion that are
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directly supported by material on file. Where no-one identified above is available to
provide a reference it becomes the responsibility of the relevant Deputy Dean to write
the student reference.
6.
Data Confidentiality
As a matter of general data confidentiality, Academic Registry (Student Records) is
instructed not to provide archive files on past students to members of staff, where the
academic connection with the student is unclear. Faculty offices that may also hold
files of current students should observe the same policy.
7.
Reference requests for past students
Requests for references for past students addressed to 'the University' will be vetted
by Academic Registry (Student Records). Where a purely factual response is
appropriate, it will be provided directly. Otherwise, the request will be passed to the
most appropriate member of staff in the Faculty.
8.
Complex Cases
If unsure what to say in an instance where you have been asked to write a reference
for a student who you know is (or was) in bad standing with the University (e.g. for
disciplinary or financial reasons), general guidance is not to mention such a matter
unless you believe it to be directly relevant to the duty of care that you owe to the
recipient of the reference (i.e. relevant to the job, course, etc. the student has applied
for). If the job or course assumes a high level of responsibility and/or personal
integrity, then it may be appropriate to refer to the student's poor standing. However,
before doing so you are advised to discuss the matter with the Data Protection
Officer, as disclosure of such information where it is not warranted must also be
avoided, as part of our duty of care to the student.
9.
Refusing a reference request
Although institutions do not have a legal obligation to supply a reference they do
need to bear in mind anti-discrimination laws. If the institution is unwilling or unable
to supply a reference this needs to be communicated sensitively i.e. without giving a
negative message. An extreme example might be a student with a poor academic
record, and serious behaviour problems, who also has an underlying medical/mental
health condition, which constitutes a disability under the DDA and is the cause of the
behavioural issues. In such a scenario the University needs to be careful that in
refusing a reference it is not complying with its duties under the DDA i.e. ensuring the
student is not disadvantaged and that reasonable adjustments are made
NB This duty does not apply if the University if not aware or could not have reasonably
be expected to know of the student’s disability.
If you judge it appropriate to refuse a reference request you are advised to consult
with your Head of Department and relevant Deputy Dean before confirming the
refusal. The Head of Department/Deputy Dean should in turn discuss a proposed
refusal to provide a reference with the Executive Dean.
10.
Challenges and Liability
All staff who may have occasion to provide references for students need to be aware
of good practice and the possibility of liability of the University or, potentially,
themselves, i.e. negligence through lack of attention to matters of fact or opinion may
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University of Chichester
result in loss to the subject of the reference or to the employer requesting such
reference. If you are challenged over a reference you have given, do not admit
liability, and refer the matter immediately to the University’s Data Protection Officer in
the first instance (guidance available on Portia).
All student reference enquiries should be directed to Academic Registry in
writing or via the following generic email: stureferences@chi.ac.uk
or if appropriate, students should be directed to the relevant Faculty contact.
Su Longden
Head of Academic Registry
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