Senate

 

Subject:        Annual Report of Student Discipline Committee

Origin:           D L Wolfe, Secretary

                                                                                                                                                                  

 

 

 

1.         Introduction

 

            The Student Discipline Committee met on three occasions during the Academic Year 2002-2003.  Its main preoccupation was to implement and monitor the new Disciplinary Procedures under the revised Ordinance XVII.  A number of minor amendments to the Ordinance were proposed, and have been agreed by Senate and Council.

 

2.         Analysis of Offences

           

            For the first time in the University’s history, a central record has been kept of all penalties imposed, and a copy of the paper presented to the Committee in July 2003 is attached as Appendix I.   The Committee’s main comments were:

 

·                Student Residential Accommodation Regulations prohibited taking firearms into any part of any residential accommodation

·                Bullying was a probable component of a number of offences, and needed to be investigated further

·                The majority of offences, other than traffic offences, probably involved drinking

·                Where one incident comprised a multiple offence, all the secondary offences should also be identified wherever possible

·                The Committee was aware that it had no feel for the number of penalties imposed internally by Loughborough Students’ Union; it was AGREED that future meetings should include a report from LSU

·               The statistics would be analysed again by Date of Offence.

 

3.         Major Offences

 

At its July meeting the Chair invited the Registrar to join in a discussion on the Procedure for Major Offences. A number of issues had caused concern during the current Academic Year, including the time between an incident and its being considered by a Disciplinary Panel, and the stress that  investigations put on potential defendants and witnesses.  The Chair particularly noted the lack of resources available adequately to service the new disciplinary system, and asked that this issue be addressed as a matter of urgency, particularly in regard to the conduct of investigations and the presentation of cases.

            The Registrar referred to the problems caused by the seasonality of major offences, and indicated that some very serious offences never reached the Panel.  He also reminded the Committee that, whenever a Police investigation took place, the University could not instigate any internal disciplinary proceedings until that investigation was complete.  He stated that the power to suspend a student prior to a Disciplinary Hearing was very rarely used.

 

            The Registrar congratulated the Advice and Welfare System of the Students’ Union for the quality of its defence of accused students.  He felt that such an adversarial system,  notwithstanding the workload it created, was necessary to comply with Human Rights Legislation, and indicated that the old Proctorial system would probably no longer be acceptable.

 

            The Registrar suggested that there had been an increase in the number of incidents involving injury.  The Police tended not to take fights particularly seriously, and in some cases the apparent victim did not wish to complain either to the Police or to the University.  Internal investigations inevitably slowed down during University vacations, and there was anecdotal evidence of the intimidation of witnesses.  All these issues combined to make the process of bringing a Major Offence to the Disciplinary Panel a complex one.

 

            There was some discussion of whether the Disciplinary Panel should be given the power to require witnesses to attend Hearings, but the student representatives reiterated  the possibility of intimidation, and felt that this should not be pursued.  Panels might wish to allow written statements, but would need to give them less weight, particularly as there would then be no opportunity for cross-examination.

            It was noted that the University would need to address the issue of costs and expenses related to Major Hearings.

 

            The Chair thanked the Registrar for his attendance and contribution, which had brought about a very useful discussion.

 

4.         Penalties for Minor Offences

 

            The Committee has increased the maximum fine for a minor offence to £200.

 

                                                                                                                                                                

 

 

November 2003

Copyright © Loughborough University.  All rights reserved

 

 

 

Student Discipline Committee

DISC03-P5

Subject:      Analysis of Disciplinary Offences 2002-2003

Origin:        D L Wolfe

_________________________________________________________________________         

1.         A spreadsheet of minor offences committed in the Academic Year 2002/03, as reported by 27 June 2003, is attached.

 

2.         The Categories of Offences listed below have been developed and refined over the Year, and the Committee may well wish to propose alternative categories for the future.

 

3.         The Categories, and number of transgressions in each Category, are recorded below:-

 

 

OFFENCE CATEGORIES (as at 27 June 2003)

No of offences

1.

Parking other than where authorised

       174

2.

Registration permitted not displayed

3

3.

Vehicle not registered with University

80

4.

Cycling offence

17

5.

Other Traffic transgression

14

6.

Noise and Nuisance

64

7.

Minor damage

16

8.

Abuse of privilege

5

9.

Theft of street furniture

8

10.

LSU fracas *1

0

11.

Interfering with fire equipment

19

12.

Fire hazard

3

13.

Abuse of hall facilities

16

14.

Personal abuse

6

15.

Drug related

13

16.

Failure to comply with earlier penalty

1

17.

Bringing the name of the University into disrepute *2

0

18.

Deception

7

19.

Assault

3

20.

Unauthorised removal of miscellaneous items

3

21.

Health and Safety transgression

4

22.

Failure to comply with an instruction

2

23.

Threatening or Intimidating Behaviour

6

24.

Speeding

1

25.

Unauthorised weapon

8

*1      Minor Offences committed in the LSU Building are dealt with under the Union’s own disciplinary procedures. Major offences, referred to the Student Disciplinary Panel by the Registrar, on the instigation of the LSU Sabbatical Secretary, are listed separately below.

*2         To date, bringing the name of the University into disrepute as a Minor Offence has been subsumed within another category, normally Noise and Nuisance.

4.         The overall ratio of male to female students in the University is:-

                        M 8476           F 5040             (1.68 : 1)

            The overall number of offences committed by male and female students is:-

                        M 358             F 115               (3.13 : 1)

5.         The overall ratio of full-time to part-time students in the University is:-

                        F/T 11434       P/T 2089         (5.47 : 1)

            The overall number of offences committed:-

                        F/T 456           P/T 17             (26.7 : 1)

6.         Offences by year of student registration are as follows:-

2002/03

230

2001/02

98

2000/01

84

1999/2000

46

1998/99

14

1993/94

1

           

7.                  The age of student offenders at the time of offence was:-

 

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

38

39

40

41

42

44

46

53

69

120

103

62

51

24

10

5

1

4

5

2

2

2

2

2

2

1

1

1

1

1

1

1

 

                                                           

8.                  In so far as data is available, the (self-defined) ethnicity of student offenders was:-

 

White British

225

White

126

Withheld

55

Indian

17

Black African

14

Chinese

11

Asian Other

8

Pakistani

5

White Other

5

White Irish

2

Mixed White/Black African

2

Black Caribbean

1

Mixed White/Black Caribbean

1

Other

1

 

            There are no readily accessible comparative figures available for the University as a whole

9.         The University Officer imposing penalties has been:-

Registrar

5

Security Manager (Traffic)

293

Security Manager (Other)

21

Community Warden

4

WARDENS:-

 

Butler Court (406)

7

Cayley (259)

13

David Collett (292)

14

Elvyn Richards (646)

23

Falkner Eggington (574)

15

Faraday (310)

13

Harry French (715)

2

Hazlerigg-Rutland (209)

3

The Holt (169)

21

John Phillips (179)

8

Royce (310)

5

Rutherford (283)

4

Telford (199)

0

Towers (312)

13

William Morris (251)

9


            Figures in brackets = approx no of students in hall.

10.       The Committee has also dealt with 6 Major Offences as detailed below:-

LSU fracas

2

Assault

2

Bringing the name of the
University into disrepute

1

Offensive Behaviour

1

 

            Gender:          4 Male                        2 Female

            Full-time:        6

            Year of Registration: 2002    1
                                                            2001    1
                                                            2000    2
                                                            1999    2

            Age at time of offence:          18        1
                                                            19        1
                                                            21        3
                                                            28        1

            Ethnicity (self-declared):       White British              1
                                                            White                          2
                                                            Indian                          1
                                                            Withheld                     2

 

Senate - 26th November 2003

 

Student Behaviour - Actions Recommended to Deal with Current Trends

 

 

1.                  Since the beginning of last academic year there has been a steady decline in student behaviour.  In particular we have seen a sudden increase in violent assaults at the end of last year and the beginning of this.  If this were to become an established pattern it would result in serious damage to the student experience and the reputation of the university.

2.                  The Registrar has made representations to the Vice-Chancellor and Deputy Vice-Chancellor and has been empowered to drive forward a variety of measures to bring the situation under control.  Proposals have been discussed with the Chairman of the Student Discipline Committee and have subsequently received broad approval from a combined meeting of the Executive Management Group and Student Union Executive on 17th November 2003.

3.                  At its meeting on 24th November the Student Discipline Committee gave its support and agreed to recommend to Senate and Council a number of changes to Ordinance XVII (see 8. to 11. below and Appendix).

 

Broad Issues

 

4.                  The University, the Students Union and the police have not been effective in dealing with violent incidents.  Only two of the cases have so far resulted in internal disciplinary hearings and in one of the cases the penalty was suspended.  No cases of assault on students came to court, the police choosing to issue cautions in 3 out of 9 incidents to which they were called.

 

5.                  In many cases it has not been possible to bring cases to an internal hearing because students witnesses refuse to give evidence.  They have told university officers that they are scared of being identified and subsequently harassed.  Other student suspects have refused to be interviewed by Security.  As a result of events over the last year, many students and some staff believe that the University is incapable of catching or punishing offenders or of protecting ordinary students.  There is a risk that some groups of students will take matters into their own hands.

 

6.                  Many of the assaults have taken place in or outside the Student Union and one was carried out by Student Union security staff.

 

Proposed Actions

 

7.                  Changes are proposed in the following areas:

-  Major improvements in security arrangements in and around the Student Union

-  General investigation by the Harassment Panel into the intimidation of witnesses

-  Widening of the remit and terms of reference of the Student Discipline Committee

-  Greater clarity on the criteria to be used by Panels when sentencing and guidance from the Student Discipline Committee on the appropriate levels of penalty for various offences

-  Removal of duplication of work by Ordinances & Regulations Committee and consequent delays

-  Revisions to the Student Discipline Ordinance to make investigation and prosecution more effective and to deter offenders in future

This paper deals with the last of these initiatives.  Proposals for the enhancement of the Student Discipline Committee’s remit and of the criteria and guidance on sentencing will form the subjects of later papers.

Changes to Student Discipline Ordinance

 

Creation of Specific Offences

8.                  A number of issues have made investigation and prosecution more difficult and changes would also help deter offenders in future.  It is proposed that the following be made specific offences under the Ordinance:

•     Failure to provide evidence of identity to university and student union officers
•     Posing as another student by use of their ID card
•     Interfering with witnesses in an investigation
•     Carrying or storing knives or other offensive weapons
•     Failure to attend a hearing after being called as a witness
•     Failure to attend an interview with security

Although there would be a duty to attend interviews, the student would have the right not to answer any question (however, such silence would be reported in any subsequent disciplinary hearing).  The ordinance would also be amended to include the right of a student who is the subject of an investigation to be informed what offence he or she is suspected of having committed and to be accompanied or represented during any interview.  This safeguard is currently missing.

The detailed change to ordinance is shown in the Appendix.


Automatic Suspension for Criminal Assault

9.                  It is also proposed that we introduce ‘strict liability’ for those students who receive a criminal conviction or caution for assault against another student, member of staff, visitor or local resident.  Any such student would be automatically suspended for the rest of the session, subject to any appeal against the criminal conviction.  We have received strong representations from the parents of victims  this should become normal practice.

The detailed change to ordinance is shown in the Appendix.


Action in Case of Police Delay

10.              Action to discipline students while the case is still with the police is very difficult under the current ordinance.  A recent ruling by the Court of Appeal has clarified that in many cases there is no need for the resulting delay.  It is therefore proposed to make it easier for us to proceed for less serious criminal offences where police proceedings are delayed unacceptably, or have been dropped.

The detailed change to ordinance is shown in the Appendix.

Right of Appeal against Penalty

11.              Historically, where disciplinary panels have erred, they have almost always done so in the interests of the student.  There has been no explicit requirement to consider the effect of a particular sentence on the welfare of the community as opposed to the individual.  Without some balancing influence, there is a risk that the community will suffer.  It is proposed that the Registrar have a right of appeal to the Student Disciplinary Appeals Committee against the penalty assessed by disciplinary panels.

The detailed change to ordinance is shown in the Appendix.

 

JMT 25/11/03

 

Appendix - Revised Ordinance (Complete)

 

Additions are shown underlined, deletions in strike-through.

 

ORDINANCE XVII Discipline of Students

 

Version including Proposed Revision November 2003 - Version 1.1

 

1. General

 

(i) It shall be the duty of all students of the University in all their acts and demeanour to observe and maintain honest and peaceable behaviour at all times. All students are required to observe the University’s Charter, Statutes, Ordinances, Regulations and Codes of Practice.

 

(ii) The University defines misconduct as behaviour which, in its broadest sense, constitutes improper interference with the functioning or activities of the University, or those who work and study in the institution. The University may take disciplinary action in relation to behaviour which affects members of the public which is not honest and peaceable and which damages the standing of the institution.

 

(iii) All students of the University are subject to the jurisdiction of the Vice-Chancellor and the Senate in respect of their studies and their conduct both on and away from University premises.

 

(iv) The general powers of the Senate set out in Statute XIV(6) (xxii) to regulate the discipline of students are delegated to the Student Discipline Committee. The Student Discipline Committee is responsible for the operation and review of student disciplinary procedures relating to all areas of University activity.

 

(v) The Student Discipline Committee shall be appointed annually by the Senate and shall have the following constitution:

 

Three members of the academic or academic-related staff, one of whom shall act as chair

 

Four lay members of the University Court, of whom at least one shall be a member of Council

 

Three University members of the Loughborough Students’ Union Executive

 

The two academic or academic-related members of the Student Discipline Committee other than the Chair shall be formally designated Deputy Chairs.

 

(vi) The Student Discipline Committee shall have the power to fine students for disciplinary offences. These powers are delegated to authorised individuals under section 2 of this Ordinance and to the Student Disciplinary Panel under section 3 of this Ordinance.

 

(vii) The Director of Registry Services shall appoint a member of his/her staff to act as secretary to the Student Discipline Committee.

 

(viii) The Student Disciplinary Appeals Committee is the body constituted under Statute XXIV to hear appeals and its membership shall be:

 

A Chair and Deputy Chair who shall be members of the academic or academic-related staff appointed annually by Council

 

One lay member of the University Court selected by the Director of Registry Services from three individuals appointed annually by Council

 

One University member of the Loughborough Students’ Union Executive selected by the Director of Registry Services from three individuals nominated by the Union Executive

 

(ix) The Committee shall be quorate when either its Chair or Deputy Chair and the two other members are present. The Director of Registry Services shall appoint a member of his/her staff to act as secretary to the Student Disciplinary Appeals Committee.

 

(x) Offences shall be are defined under 2. and 3. below as either Minor or Major. Minor Offences shall be considered by a relevant University officer under powers delegated by the Student Discipline Committee. Major Offences, other than those defined under (xii), shall be considered by a Panel drawn from the Student Discipline Committee. Interpretation of the nature of an offence under the definitions below is at the discretion of the Registrar.

 

(xi) Offences defined under the Ordinance shall include the following and may be treated as Minor or Major as defined in (x) above, 2. and 3.

 

(a) failure, upon request, to disclose name and other relevant details, or to produce a University identity card if carried, to an officer or employee of the University or the Student Union when it is reasonable to require that such information be given and the officer or employee has identified themselves to the student

 

(b) impersonation of another student by use of his/her identity card, including gaining access to University or Student union property by the use of such a card

 

(c) the posession or storage on University property of knives, air rifles, firearms, replica firearms, explosive devices and other offensive weapons, other than with the written permission of the Security Manager

 

(xii) Where a student

 

(a) has admitted a criminal assault against another student, a member of staff, a visitor to the university or a resident of or visitor to the Borough of Charnwood and has received a police caution

or

(b) has been convicted of such an assault

 

he/she shall be considered guilty of a Major Offence and shall receive an automatic penalty as defined under 3(iii)(a).  Where the offence is of such a seriousness that it may merit permanent exclusion of the student, at the discretion of the Vice-Chancellor the matter may be heard by a Student Disciplinary Panel under 3(i)(b).

 

(xiii) (xi) Where the behaviour of a student subject to disciplinary proceedings appears to be indicative of a mental health problem, the procedures may be adjourned to allow the student to seek advice from a medical practitioner or counsellor.

 

2. Minor Offences

 

(i) Definition and Jurisdiction

 

(a) Minor offences include breaches of University regulations which result in some inconvenience to others or lead to limited damage to property. Specific offences are listed in Regulation I Library, Regulation VIII Residence of Undergraduate and Postgraduate Students in the University, Regulation XV Use of University Computing Facilities and Ordinance XXIII Traffic and Parking in the University. Other offences which represent misconduct as defined in section 1 of this Ordinance may also be considered as Minor Offences.

 

(b) A student who has been found guilty of a series of Minor Offences may be referred for action under the Major Offences procedures if he/she commits a further Minor Offence.

 

(c) The following University Officers are authorised to consider charges of Minor Offences against students and to levy penalties as specified in paragraph 2(iii) below:

 

· The Librarian in respect of breaches of Regulation I governing the Library

 

· The Wardens of Halls of Residence in respect of breaches in Regulation VIII governing the Residence of Undergraduate and Postgraduate Students in the University

 

· The Director of Computing Services in respect of breaches of Regulation XV governing use of University Computing Facilities

 

· The Security Manager in respect of breaches of Ordinance XXIII Traffic and Parking in the University, the Code of Practice on Traffic and Parking in the University and over other Minor Offences not specifically covered by another authorised officer

 

· The Community Wardens in respect of Minor Offences within the geographical area of their jurisdiction

 

· Heads of Departments in respect of breaches of good order within their departments, in relation to academic activities off campus or breaches of Regulation XV

 

· The Registrar in respect of any Minor Offence

 

(ii) Procedure

 

(a) Staff, students or members of the public should report, at the earliest opportunity, alleged breaches of University discipline by a student or students to one of the authorised officers listed above or to the Registrar in the first instance depending on the nature of the offence. An individual who reports an offence should be aware that he/she may be asked to participate in disciplinary proceedings against the student and that without his/her co-operation such proceedings may not be possible.

 

(b) If the case is reported to an authorised officer, the officer shall decide whether any action should be taken and if so whether that action should be under the procedures for Minor Offences. If an authorised officer considers the incident to constitute a Major Offence, he/she shall consult with the Registrar to determine the action to be taken.

 

(c) If the case is reported to the Registrar, the Registrar shall decide whether no action should be taken, whether the matter may constitute a Minor Offence and should be referred for action by the appropriate authorised officer, or be referred for consideration under the Major Offences procedure set out in section 3 of this Ordinance.

 

(d) A student shall be notified in writing of an alleged Minor Offence and the evidence against him/her by the relevant officer. He/she shall be invited to admit or deny the offence and be permitted to defend himself/herself in writing and in person to the officer. The student may be accompanied at any meeting with the officer by a person of his/her own choosing. The student should submit his/her written defence, if any, together with the name and status of any person who will accompany him/her to the meeting within a maximum of 5 working days from the notification of the offence.

 

(e) Having taken into account the evidence and the defence, if any, the authorised officer shall decide whether the student is guilty of the offence and, if so, the appropriate penalty from those permitted under paragraph 2(iii) hereof. The officer must reach a decision on the case within a maximum of 10 working days from the notification of the offence to the student.

 

(f) The student shall be notified in writing of the officer’s decision and the penalty, if one is to be applied. He/she shall also be notified of the right of appeal under paragraph 2(iv) hereof. 

 

(g) A record of the offence and any penalty shall be filed with the Secretary to the Student Discipline Committee.

 

(iii) Penalties

 

(a) The penalties for Minor Offences, including the maximum level of fines, shall be determined by the Student Discipline Committee. The Committee may provide guidance on the use of these penalties, but authorised officers have discretion to apply one or more of them as they see fit to the circumstances of individual cases.

 

(b) The following penalties may be applied by authorised officers for Minor Offences:

 

· Fines

 

· Formal reprimand

 

· Community service

 

· Restriction of non-resident students’ access to specified residential accommodation· 

 

. Relocation of a student’s residential accommodation to another Hall

 

(c) Authorised officers may require students to cover the cost of making good damage or loss to property.

 

(iv) Appeals

 

(a) Students found guilty of Minor Offences shall have the right of appeal to the Chair of the Student Disciplinary Appeals Committee established under 1(viii) above in respect of both the decision and the penalty.

 

(b) The appeal should be submitted in writing to the Secretary of the Committee within 10 working days of the student receiving notification of the decision. For Minor Offences there shall be an administrative fee payable at a level set by the University Council on the recommendation of the Student Discipline Committee which shall be refundable should the appeal be upheld.

 

(c) The Chair may ask the authorised officer to provide written comments on the case for appeal and may undertake such investigations as he/she sees fit. All evidence to be considered in relation to the appeal shall be made available to the appellant who shall have the right to comment in writing on the evidence. The appellant shall not have the right to appear in person.

 

(d) Having reviewed the case, the Chair shall reach a decision on the appeal. He/she may confirm, set aside or amend the decision and increase or decrease the penalty which are the subject of the appeal. His/her decision shall be final.

 

(v) Failure to Comply with Penalties or Costs

 

Fines or costs are payable within 10 working days of formal notification by the University, or, if an appeal is lodged, within 10 working days of the conclusion of the appeal if fines or costs remain outstanding. Should a student fail to comply with the requirement to pay fines or costs within this timescale or with other penalties imposed for a Minor Offence within the timescale specified by the authorised officer, the Registrar may initiate further disciplinary action.

 

3. Major Offences

 

(i) Definition and Jurisdiction

 

(a) Misconduct by students constituting a substantial breach of one or more of paragraphs 1(i), 1(ii) and 1(iii) of this Ordinance shall be considered a Major Offence. Offences shall be referred where in the opinion of the Registrar the gravity of the offence and the appropriate penalty might be beyond the limits fixed for Minor Offences. Examples of Major Offences include (this list is not intended to be exhaustive):

 

· Violent, disorderly, threatening or offensive behaviour or language whilst on University premises or engaged in University activity

 

· Serious acts of fraud, deceit, deception or dishonesty in relation to the University or its staff or in connection with holding any office in the University or in relation to being a student of the University

 

· Action likely to cause significant injury or impairment of safety on University premises

 

· Serious disruption of, or improper interference with, the academic, administrative, sporting, social or other activities of the University

 

· Harassment of any kind towards a student, member of staff or authorised visitor to the University

 

· Serious damage to, or defacement of, University property or the property of other members of the University community caused intentionally or recklessly, and misappropriation of such property

 

· Serious misuse or unauthorised use of University premises and property, including computer misuse

 

· Failure to respect the rights of others to freedom of belief and freedom of speech

 

· Conduct which constitutes a criminal offence

 

· Failure to comply with disciplinary action conducted under this Ordinance

 

· Direct or indirect attempts to influence or intimidate witnesses prior to or during a disciplinary investigation or subsequent proceedings

 

 (b) Major Offences, other than as defined in 1.(xii), will be considered by a Student Disciplinary Panel which shall normally be chaired by the Chair of the Student Discipline Committee and include two further members of the Committee selected by the Director of Registry Services, one a lay member of Court and one a student representative. The Deputy Chairs of the Student Discipline Committee shall be invited to attend hearings of the Panel as observers. In the event of a lay member not being available for a Panel hearing, a second academic or academic-related member shall sit as a full member of the Panel. The Panel acts as the body empowered under Statute XIV 6 (xxiv) to make recommendations to Senate in the case of students who may be guilty of gross misconduct. The Secretary of the Student Discipline Committee shall normally act as Secretary to the Student Disciplinary Panel.

 

(c) Where a series of Minor Offences has been referred for action under the Major Offences procedure, the Chair of the Student Discipline Committee may, where appropriate, authorise the Security Manager to ban an offender from bringing a vehicle onto the campus, or impose a lesser penalty related to traffic and car parking, without a Hearing taking place. The right of appeal under Paragraph 3 (iv) (a) below remains unchanged. 

 

(d) No individual who has any connection with the case to be heard may serve on the Student Disciplinary Panel or act as its Secretary.

 

(ii) Procedure

 

(a) Where a criminal caution or conviction has taken place and the student is guilty of a Major Offence as defined in 1.(xii), the University shall proceed directly to apply a penalty as defined in (iii)(a). Where the offence is of such a seriousness that it may merit permanent exclusion of the student then, at the discretion of the Vice-Chancellor, the matter may be heard by a Student Disciplinary Panel under 3(i)(b).

 

(b) Where the Registrar has received a report of an alleged breach of University discipline by a student or students and he has decided that it may constitute a Major Offence, other than defined under 1.(xii), he shall commission an investigation into the matter.  Students and members of staff are required to meet with university officers to assist with their enquiries and to attend a Student Disciplinary Panel if required to do so in writing with reasonable notice. Failure to do so constitutes a disciplinary offence.

 

(c) At interview, a student has the following rights:

 

· Not to answer any question, though such silence may be reported in any subsequent disciplinary hearing.

 

· To be informed of any offence he or she is suspected of having committed

 

· To be accompanied by an individual of his/her choosing

 

(d) (a) Where there is prima facie evidence of a breach of discipline, the Registrar (or nominee) shall prepare the case against the student on behalf of the University. The student shall receive written notification of the charge at least 20 working days before the date of the Student Disciplinary Panel. The notification shall include the nature of the charge, the evidence for the charge including witness statements, a copy of this Ordinance, the date and time of the meeting of the Panel together with details of the Panel membership. The student shall be invited to admit or deny the charge.

 

(e) (b) The student has the following rights:

 

· To submit written evidence

 

· To attend the meeting in person and present his/her case

 

· To be accompanied by an individual of his/her choosing who may present the case on his/her behalf

 

· To call witnesses for questioning at the meeting and to question the University’s witnesses 

 

(f) (c) The student shall submit any written evidence and inform the Secretary of the name and status of any accompanying individual and any witnesses he/she wishes to call at least 7 working days before the date of the meeting. The full documentation shall be circulated to all participants, together with the names of any witnesses to be called by the University or by the student, at least 5 working days before the meeting.

 

(g) (d) The proceedings of the meeting shall take the following form:

 

· The Registrar or nominee presents the case for the University including the questioning of any witnesses

 

· The student questions the witnesses

 

· The Registrar or nominee may ask further questions of the witnesses but only if these arise from the student’s questions· 

 

. The Panel asks questions of the witnesses, the Registrar or nominee and the student

 

· The student presents the case for his/her defence including the questioning of his/her witnesses

 

· The Registrar or nominee questions the witnesses

 

· The student may ask further questions of the witnesses but only if these arise from the Registrar’s questions· 

 

. The Panel asks questions of the witnesses, the Registrar or nominee and the student

 

· The Registrar or nominee sums up the case against the student

 

· The student sums up the case for his/her defence

 

(h) (e) Within the above procedure, the Panel has discretion over the conduct of the proceedings. With the agreement of the student, the procedure may be simplified in cases where the student has admitted the charge. The strict rules of evidence in criminal proceedings shall not apply but the Panel shall use its discretion as to the weight to be attributed to any particular statement made.

 

(i) (f) After the student has concluded their summing up, the student and any accompanying individual together with the University staff presenting the case shall leave the meeting. The Panel will consider its decision alone, advised by its Secretary. The decision shall be communicated to the student in writing within 3 working days of the meeting but may be notified verbally in advance of the written communication at the discretion of the Panel. The Panel shall give reasons for its decision. If the Panel decides against the student, he/she shall be notified of the right of appeal.

 

(j) (g) Whilst every reasonable effort will be made to convene hearings at a time suitable for the student, the Panel reserves the right to proceed in the absence of the student if it feels it appropriate so to do.

 

(iii) Penalties

 

(a) In the case of offences defined under 1.(xii), other than in the case of a caution or conviction received after April 1st of the final year of their programme of study, the University shall suspend the registration of the student. In the case of such a caution or conviction received before April 1st, this shall be for the rest of the current session or, in other cases, for the whole of following session.

In the case of a caution or conviction received after April 1st of the final year of their programme of study, the University shall impose a fine of £750 and exclude the student from registering for any further programme of study for a period of 12 months.

Where an offence is of a sufficient seriousness, at the discretion of the Vice-Chancellor, after consideration by a Student Disciplinary Panel, the student may be permanently excluded.

 

(b) (a) The Student Disciplinary Panel may apply one of more of the following penalties:

 

· Fines

 

· Formal reprimand

 

· Community service

 

· Requirement that the student have no contact of any kind with a named person or persons

 

· Temporary exclusion from use of specified University facilities

 

· Permanent exclusion from use of specified University facilities

 

· Temporary suspension of registration at the University for a specified period

 

· Attachment of such conditions as it thinks fit to the continued pursuit of the student’s studies, to the

 

nature of his or her living accommodation and to his or her general conduct 

 

It may also recommend to Senate, under Statute XIV 6 (xxiv):

 

· Termination of registration at the University

 

(c) (b) Penalties applied from the above list may be suspended for a specified period.

 

(d) (c) The Panel may require students to cover the cost of making good damage or loss to property.

 

(iv) Appeals

 

(a) Students found guilty of Major Offences, other than as defined in 1.(xii), shall have the right of appeal to the Student Disciplinary Appeals Committee established in Paragraph 1(viii) in respect of both the decision and the penalty.

 

(b) Students found guilty of Major Offences as defined in 1.(xii), to whom an automatic penalty has been applied, shall have no right of appeal under this ordinance, but may appeal against a criminal conviction in the courts. Where such an appeal is granted, the University will revoke the penalty applied.

 

(c) Students found guilty of Major Offences as defined in 1.(xii) and permanently excluded by a Student Disciplinary Panel shall have the right of appeal to the Student Disciplinary Appeals Committee established in Paragraph 1(viii) in respect of the penalty.

 

(d) the Registrar shall have the right of appeal to the Student Disciplinary Appeals Committee established in Paragraph 1(viii) in respect of the penalty applied for Major Offences.

 

 (e) (b) No member of the Committee or its Secretary shall have had any previous involvement with the case.

 

(f) (c) The appeal, including a clear statement of the grounds and any supporting documentation, shall be submitted in writing to the Secretary of the Committee within 10 working days of notification of the decision.

 

(g) (d) Possible grounds for appeal include (this list is not intended to be exhaustive):

 

(A)

 

That there were procedural irregularities in the conduct of the Student Disciplinary Panel.

 

(B)

 

That the student is in possession of new evidence which was not available to the Panel when it reached its decision and the student had good cause for not including the evidence in their case to the Panel.

 

(C)

 

That there is evidence of prejudice or bias on the part of one or more of the members of the Panel.

 

(D)

 

That the penalties were unreasonably severe given the circumstances of the case.

 

(f) (e) In the case of an appeal by the student, the appellant shall be notified of the date of the hearing and the membership of the Committee within ten working days of the receipt of the appeal. The date of the hearing shall be at least 15 working days after the date of notification. He/she shall have the right to attend in person and to be accompanied by an individual of his/her choosing. The name and status of any accompanying individual should be notified to the Secretary of the Appeals Committee at least 7 working days before the meeting.

 

(g) (f) In the case of an appeal by the student, the Registrar or nominee presenting the case against the student may be required to attend the meeting of the Appeals Committee and the Student Discipline Committee may prepare its own report to the Committee.

 

(h) (g) In the case of an appeal by the Registrar, the Registrar and the student shall be notified of the date of the hearing and the membership of the Committee within ten working days of the receipt of the appeal. The date of the hearing shall be at least 15 working days after the date of notification. The student shall have the right to attend in person and to be accompanied by an individual of his/her choosing. The name and status of any accompanying individual should be notified to the Secretary of the Appeals Committee at least 7 working days before the meeting.

 

(i) (g) The Committee may determine its own procedures in light of the circumstances of the appeal. In the case of an appeal by the student, it may permit the appellant to call witnesses or present additional evidence. Should this be agreed, the Registrar or nominee presenting the case against the student shall also have the right to call witnesses and present additional evidence to address any new issues raised by the appellant. All written submissions and details of those to be present shall be circulated to the participants at least 5 working days before the meeting.

 

(j) (h) Having reviewed the case, the Committee shall reach a decision on the appeal. The Committee may confirm, set aside or amend the decision and increase or decrease the penalties which are the subject of the appeal. Its decision shall be final.

 

(v) Failure to Comply with Penalties

 

Fines or costs are payable within 10 working days of formal notification by the University, or, if an appeal is lodged, within 10 working days of the conclusion of the appeal if fines or costs remain outstanding. Should a student fail to comply with the requirement to pay fines or costs within this timescale, or to agree with the University a schedule of payments and to conform subsequently with that schedule of payments, or fail to comply with other penalties imposed for a Major Offence within the timescale specified by the Disciplinary Panel, the Registrar may initiate further disciplinary action or, under Statute V(4), the Vice-Chancellor may suspend the student and the Student Disciplinary Panel recommend to Senate termination of the student’s registration at the University. A right of appeal exists under Statute XXIV. 

 

4. Action by the University pending disciplinary procedures or prosecution

 

(i) A student who is the subject of a complaint of misconduct may be excluded by the relevant authorised officer from use of the Library, computing facilities, residential accommodation or specified facilities within an academic department, and by the Registrar from other University premises, on a temporary basis pending disciplinary action where the authorised officer or Registrar considers that the student is likely to reoffend in the immediate future and/or represents a risk to other students, staff or to property. The student shall have the right to make representations to the authorised officer or Registrar before the decision is implemented when circumstances permit. However, when the exclusion is regarded as a matter of urgency, representations may only be possible after implementation of the exclusion.

 

(ii) Where a student has been excluded under paragraph 4(i) above, the University must invoke formal disciplinary procedures for Minor Offences within 10 working days or for Major Offences within 30 working days or the exclusion will lapse.

 

(iii) A student who is the subject of a complaint which may constitute a Major Offence or against whom a criminal charge is pending or who is the subject of police investigation may be suspended or excluded by the Vice-Chancellor on the recommendation of the Registrar, in accordance with Statute V(4), pending the disciplinary hearing or the trial. Suspension should only be used where exclusion from specified activities or facilities would be inadequate. The student shall have the right to make representations to the Vice-Chancellor before the decision is implemented when circumstances permit. However, when the exclusion is regarded as a matter of urgency, representations may only be possible after implementation of the exclusion.

 

(iv) Where a student has been suspended or excluded by the Vice-Chancellor under paragraph 4(iii) above, the student has the right to make a written submission to the Vice-Chancellor on a monthly basis requesting that the suspension or exclusion be reviewed.

 

(v) Suspension or exclusion pending a hearing must not be used as a penalty.

 

(vi) Students shall be notified in writing of the reasons for, and scope of, any suspension or exclusion by an authorised officer, the Registrar or the Vice-Chancellor.

 

(vii) Suspension involves a total prohibition on attendance or access to the University and on any participation in University activities; but may be subject to qualification, for example, permission to attend an examination.

 

(viii) Exclusion involves selective restriction on attendance at or access to the University or prohibition on exercising the functions or duties of any office or committee membership in the University.

 

(ix) An order of suspension or exclusion may include a requirement that the student should have no contact of any kind with a named person or persons.

 

(x) Any student who is suspended or excluded shall be deemed to have forfeited any fees paid to the University which would have covered the period of suspension/exclusion.

 

5. Misconduct which is also a Criminal Offence

 

The following procedures shall apply where the alleged misconduct would also constitute an offence under the criminal law if proved in a court of law.

 

(i) Where the offence under the criminal law is considered by the Registrar to be not serious or unlikely to result in imprisonment, action under this Ordinance may continue, but such action will be deferred while the matter is under active police investigation or where charges have been brought but not yet brought to court. pending any police investigation or prosecution.

 

(ii) In the case of all other offences under criminal law, no action (other than suspension or exclusion pursuant to paragraph 4 above) may be taken under this Ordinance unless the matter has been reported to the police and either prosecuted or a decision not to prosecute has been taken, at which time the Registrar may decide whether disciplinary action under this Ordinance should continue or be taken.

 

(iii) Only in exceptional circumstances shall the University report an alleged crime to the police contrary to the wishes of the victim. Guidance on the reporting of offences relating to controlled drugs is given in the University’s Guidelines on Illicit Drugs (1993). If the victim will not report the crime to the police, or will not co-operate with their inquiries, the University’s internal disciplinary procedures should not be invoked. 

 

(iv) Following a court conviction, the University may continue with its own hearing. The penalty imposed by the court shall be taken into consideration by the University in deciding its own penalty.

 

(remade December 2003)