Student Discipline Committee

DISC07-M1

Minutes of the Meeting of the Student Discipline Committee held on 12 June 2007

Members: R H Mayo (in the Chair); S Black (ab); Dr J B C Blood; Dr H P Drake (ab); G Godfrey (ab); D Green (ab); R M King; S A Mason; R Roxborough (ab); M Shuker (ab); J A M Strong; J Swaffer (ab); Professor J B Thomas (ab)

By invitation: T W Cartwright, R J Kennedy

In attendance: D L Wolfe

Apologies for Absence: Dr Drake; K Roxborough; Professor Thomas

1. Membership

The Acting Chair reported that Mrs Mary Morley had been appointed to chair the Committee with effect from the beginning of the next academic year. Mrs Strong was welcomed to her first meeting. The Committee expressed its disappointment at the absence of all the student members.

2. Minutes (DISC06-M3)

The minutes of the meeting held on 28 November 2006 were confirmed, subject to the following correction:-

Dr Blood, Ms Mason and Professor Thomas were all present.

3. Matters Arising from the Minutes

.1 Students’ Union Disciplinary Policy

(DISC06-M2, Min. 21.1)

Dr Blood reported his disappointment that, in spite of his best endeavours, the Students’ Union had failed to take up his offer to review and help redraft their Disciplinary Policy. Accordingly he was now formally withdrawing his offer. The Committee recalled its previous concern at the quality of the document, and reiterated its view that it required redrafting with professional advice.

.2 Statute XIV – Amendment

(DISC06-M3, min 21.4)

The Committee noted that Council had approved a recommendation to amend Statute XIV to clarify the procedure for expelling a student.

.3 Dissemination of Information

(DISC07-P1)

(i) Student References

The Committee received and noted advice from the Director of the Careers Service on possible disclosure of major disciplinary offences in student references. A number of issues were raised:

· The need for consistency

· The University’s legal obligations, particularly in the area of child protection

· The importance of ensuring that any policy was consistent with data protection legislation

After a lengthy discussion it was AGREED, subject to legal advice, to recommend to Senate and Council that the Student Record be amended to include a flag to say “This student has been the subject of a major disciplinary hearing within the University”. A member of staff encountering this should then be advised to contact the Academic Registrar or the Chair of the Student Discipline Committee to determine whether or not it was appropriate to include that statement in a reference, followed by the phrase, where appropriate. . .” the details of which I am unaware”.

(ii) Staff and Students

Members expressed concern that staff and students might be at risk from students who had committed acts of violence. It was particularly important that students who had been assaulted be encouraged to inform the police, given that paragraph 5(ii) of the Ordinance currently read in part “In the case of . . . offences under the criminal law, no action (other than suspension or exclusion. . .) may be taken . . .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. .. should continue or be taken”.

.4 Procedure for Expulsions and Suspensions/Non-compliance with Penalties

(DISC06-M3, Mins. 21.6 and 23)

The Committee noted that its proposals had been agreed in principle by Senate, subject to the receipt of legal advice. In so far as finalists failing to complete Community Service were concerned, it was AGREED to advise Panels to convert the outstanding hours into a fine at the hourly rate for cleaning staff, plus £50. Similarly the Appeals Committee might wish to reimburse any students who had completed Community Service which was later withdrawn, at an hourly rate equivalent to that paid to Visiting Academic Staff.

4. Major Offences 2006-2007
(DISC07-P2)

The Committee noted a schedule of major offences dealt with by Panels during the current academic year. The Case Officer expressed concern at what he saw as a lack of consistency by the Appeals Committee, in particular its decision to rescind a proposed expulsion for an assault, whereas in the previous year it had upheld a similar recommendation.

The Committee felt that, whatever the merits of this particular case, there was a need to review the relationship between the Student Discipline Committee, Disciplinary Panels, and the Appeals Committee. It might be appropriate for the new Chair to meet with the Chair of the Appeals Committee to identify a set of common principles.

5. Minor Offences 2006-2007
(DISC07-P3)

The Committee noted a summary of minor offences committed during the current academic year. There had been a substantial increase in the number of traffic offences, largely due to the loss of several hundred car parking spaces leading to increased frustration and competition for spaces. The Security Office would again issue fewer permits for the forthcoming year because of a further reduction in car parking spaces, but anticipated this would be met by even greater ingenuity on the part of students trying to beat the system.

The number of non-traffic offences was similar to the previous academic year. However there had been a substantial rise in penalties related to the use of cannabis, which was a cause for concern.

6. Ordinance XVII

The Committee reviewed Ordinance XVII, under which it was established. Concern was expressed that the number of staff available to sit on Disciplinary Panels (currently five) was too low, and meant that it was sometimes difficult to constitute a Panel. Accordingly it was resolved to recommend to Senate and Council that Para. 5 of the Ordinance be amended so that each category of membership should have a minimum of five and a maximum of seven members.

There was further discussion of misconduct which is also a criminal offence, but it was felt that no amendment to the Ordinance was necessary. It might be appropriate to make greater use of the powers of suspension under Para. 4(iii), and the suggestion was made that students should be treated in the same way as staff accused of criminal conduct.

7. Valedictory

The Committee wished to record its thanks to Dr Eric Davies, the recently retired Chair, and Karen Roxborough, LSU lead representative, for their excellent contribution to its work, and wished them both well for the future.

8. Other Business

The Security Manager reported that compulsory registration of staff and student bicycles was being introduced next year, and that failure to register would be a disciplinary offence.

9. Schedule of Meetings

A schedule of meetings for 2007/208 was agreed as follows:-

27 November 2007 at 10.00 am
4 March 2008 at 10.00 am
10 June 2008 at 10.00 am