Student Discipline Committee

DISC04-M2

Minutes of the Sixth Meeting of the Student Discipline Committee held on 14 July 2004

Members: Dr J E Davies (Chair), J B C Blood, M Hutton, R M King, T Longstaff (ab), R H Mayo,
J E Mutton, M Shuker, Professor J B Thomas (ab) , R Warren

By invitation: G Chivers, R J Kennedy, J Roberts, J Scott, J B White

In attendance: D L Wolfe

Apologies for absence: T Longstaff and Professor J B Thomas

13. Chair’s Opening Remarks

The Chair reminded members of the importance of keeping the Committee’s papers confidential whenever appropriate.

14. Minutes
(DISC04-M1)

Subject to the correction of a number of typographical errors, the minutes of the Fifth Meeting of the Committee held on 12 May 2004 were confirmed.

15. Matters Arising from the Minutes

.1 University Policy on Student Behaviour (DISC04-P7)

The Committee noted a response from the Deputy-Vice-Chancellor.

A further paper was tabled, being a Webpage on Student Behaviour and Student Discipline produced by the Registrar. The Registrar would welcome comments on the page and associated pages, and members were asked to convey these in the first instance to the Secretary.

The Committee welcomed the initiative, and offered a number of initial comments as follows:-

· The picture at the top of the page might be felt to be inappropriate

· The page should start on a positive note with the first sentence of the second paragraph: “The behaviour of the vast majority of Loughborough students is exemplary . . .”

· It was not true that ninetynine per cent of all disciplinary offences were committed under the influence of alcohol

· It might be more appropriate to change the order of sentences in the paragraph on alcohol, starting with “Those incapacitated by drinking are more likely to become victims . . .”

.2 Harassment and Bullying (DISC04-P8)

The Committee noted a response to its concerns from the University’s Harassment Adviser.

The Committee felt that there should be a clearer delineation of responsibility between staff and student issues. If the Harassment Panel was the designated vehicle for dealing with student as well as staff issues, then clearly there should be student representation on the Panel. However there was a case for keeping issues potentially related to employment apart from those related to students, and for having separate procedures within the overall Harassment and Bullying Policy. One student member suggested that Harassment and Bullying already fell within the remit of the Learning and Teaching Committee.

It was AGREED to bring the Committee’s concerns to the attention of the Registrar.

.3 Relationship with the Police (DISC04-M1, Min.2.3 refers)

The Security Manager had recently met the Inspector in charge of the local policing unit, and would be meeting the Area Commander, together with the Registrar, on 15 July. One positive outcome already achieved was that the Police had agreed to deal with a drink-driving incident on campus.

.4 Policy and Guidelines on the Use of Illicit Substances (DISC04-P9)

The Committee noted a minute of a recent Student Services Committee.

.5 Duty of Care/Hall Committees (DISC04-P10)

The Committee received and considered a proposed Regulation covering the conduct of Hall Committees, together with a minute of Senate. The Committee noted that a further meeting was planned between the Registrar, the President of the Students’ Union, and the Head of the Wardens’ Service, and that there was general agreement that a framework was required within which Hall Committees’ duty of care was clearly defined. Nonetheless there was some concern that implementation in time for the commencement of the 2004/2005 Academic Year would be impracticable, given that arrangements would have been made by Hall Committees prior to the end of the Summer Term, and could not easily be changed. It was suggested that Hall Committees be informed that the proposals were advisory, and that formal regulations be introduced later in the Autumn after further consultation following Freshers’ Week.

A number of points were made in regard to the proposed Regulation:-

· Para 3.3 – Suspension on the basis of the Registrar’s view that a student might represent a risk to others might be thought to be contrary to natural justice

· Para 4.1 – The use by the Registrar of the powers proposed in this paragraph might be counter-productive in some instances

· Para 4.2 – It was suggested that legal advice was required in regard to the regulation of informal gatherings

· Para 4.3 – It was felt that the provisions of this paragraph were unenforceable

· Para 4.4 – There was discussion of the ownership of Hall Websites. Hall websites were not necessarily hosted by the University Computer Centre, and it was not clear whether the University had any direct jurisdiction over them.

Rather than seek to address the issue simply through Regulation, the Committee felt that it would also be appropriate for the University and the Union jointly to publish guidelines on the Duty of Care, using LSU’s own publication and that of the University of Nottingham as models. Given the difficulties envisaged in policing the proposed Regulation consistently, the Committee AGREED to suggest to the Vice-Chancellor that he not promulgate any Regulation until further consultation had taken place.

.6 Membership of the Committee
(DISC04-M1, Min. 8 refers)

The Committee noted that Senate had recommended to Council that the membership of the Committee be expanded as proposed.

It was RESOLVED to recommend that paragraph 3(6) of the Ordinance be amended to permit any member of the Disciplinary Panel to chair a hearing, at the discretion of the Panel.

It was further AGREED that the LSU Vice-President for Democracy and Internal Affairs should be invited to attend the Discipline Committee, but should not be a member of any Disciplinary Panels or Appeals Committees.

.7 Pastoral Care
(DISC04-M1, Min. 6.3 refers)

The Secretary was asked to seek a response from the Student Services Committee to the concerns expressed at its previous meeting.

16. Issues Arising from Recent Hearings

The Secretary was asked to draft possible amendments to the Ordinance for consideration at the next meeting, covering the following issues:-

.1 To formally enable Minor Offences to be considered by the Major Offence procedure where the Minor Offence procedure was not appropriate.

.2 To enable a Panel to designate a Major Offence as a Minor Offence.

.3 To change the procedure for Major Hearings so that a summary of both sides’ cases could be heard before witnesses were called.

17. Date of Next Meeting

To be determined.