Student Discipline Committee

DISC05-M1

Minutes of the Eighth Meeting of the Student Discipline Committee held on 20 April 2005

Members: Dr J E Davies (Chair), J B C Blood, G Chivers (ab), Dr H P Drake, D Green (ab), R M King,
S A Mason, R H Mayo, J E Mutton, J Roberts, J Scott (ab), M Shuker, Professor J B Thomas

By invitation: D. Doran, T.W.Cartwight, W.E. Llewellyn, J.R. Thomas, J.M. Town

In attendance: D L Wolfe

Apologies for absence: G Chivers

1. Minutes (DISC04-M3)

The minutes of the Seventh Meeting of the Committee held on 9 December 2004 were confirmed.

2. Medical Reports

The Chair invited Wendy Llewellyn, Director of Student Guidance and Welfare, and Dan Doran, Mental Health Support Adviser, to join a discussion on issues related to the use of medical reports in disciplinary hearings. In the course of a lengthy discussion, various points were made:-

.1 In an ideal situation a student would give the University permission to present any appropriate medical evidence to a Disciplinary Panel. In the event of a student not giving such permission, the evidence could be presented without the student’s consent. The Registrar indicated that, except for the privileged situation of the Counselling Services, based on its Professional Code of Ethics, no member of the University – for example a member of an academic department – could withhold from the University authorities any evidence which might be pertinent to a Disciplinary Hearing. Medical evidence held by a Department was held on behalf of the University. If a student were given Leave of Absence on medical grounds, the medical certificate should be attached to the documentation presented to the Associate Dean (Teaching) and subsequently lodged with the Student Records Office. There was a lot of confusion about the Data Protection Act, and the concept of confidentiality; the Registrar would seek further clarification and issue appropriate guidance.

.2 In some cases, students did not recognise that they had a mental health problem, or were in denial.

.3 The suggestion was made that whenever a student was informed that they were to be the subject of a Major Disciplinary Hearing, they be invited to discuss their position with either the LSU Advice and Welfare Section, or with the Counselling Service, with a view to revealing any pertinent medical information.

.4 It was suggested that in the event of a student being suspended or excluded where mental health might be an issue, a “Case Conference” be convened at an appropriate time prior to the student’s possible return to the University. Such a conference would be able to consider the student’s situation holistically rather than simply related to the disciplinary issue, and would be able to make recommendations to the University as appropriate.

.5 In response to the suggestion made at this and previous meetings that the University’s pastoral care procedures were inadequate, and might in part contribute to mental health problems, the Registrar invited members to identify good practice elsewhere, and to highlight any pertinent activities that the University was currently not undertaking.

The Chair thanked members and guests for their contributions to a very useful discussion, and summarised as follows:-

(i) Rules on confidentiality should be clarified
Action: - Registrar

(ii) Students should be invited to present appropriate medical evidence to Disciplinary Panels
Action: - Secretary/Case Officer

(iii) “Case Conferences” should be convened in appropriate cases prior to decisions being taken in regard to a student’s return to the University
Action: - Secretary

3. Students’ Union Disciplinary Policy (DISC05-P1)

The Committee received and noted a new Students’ Union Disciplinary Policy, and in particular a revised Appeals Mechanism.

The Registrar and Chair both indicated that they would write to the Union to suggest a number of drafting amendments.

The LSU Vice-President (Education and Welfare) indicated that homophobic and racial incidents were viewed particularly seriously, and were in contravention of the Union’s Equal Opportunities Policy.

4. Recent Major Hearings

The Committee reviewed a number of matters arising from recent hearings:-

.1 In one recent incident a student with a criminal record pertaining to violence had been admitted to the University without the necessary checks having been made. The Registrar indicated that he was taking steps to ensure that this did not happen again.

.2 Some concern was expressed that some students appealed against the level of fines on the grounds of financial hardship. In those circumstances it was felt that an Appeals Panel ought to be allowed to investigate financial circumstances, and the University “Prosecutor” to produce counter-evidence as appropriate.

.3 The Chair remained concerned about the number of offences in which alcohol was a factor. It was appreciated that this was a national problem, and that LSU had made commendable efforts to encourage responsible drinking. Nonetheless some Clubs and Societies had a tradition and culture of alcohol abuse, and the availability of “Off-Licences” on the campus encouraged increased drinking in Hall Rooms.

.4 The Secretary was asked to analyse the processes related to major disciplinary hearings, with a view to identifying areas in which delays could be reduced or eliminated. The Committee felt that the current timescale between an offence being committed and a hearing held was unacceptable.

.5 It was felt that wherever practicable a Panel should deliver its judgement in person rather than by letter.

5. Minor Offences (DISC05-P2)

The Committee noted a Schedule of Minor Offences committed during the current Academic Year.

The Deputy Security Manager reported that a policy of not imposing fines on cyclists without lights, but instead requiring offenders to purchase lights within one week, had been successful. The Security Organisation was about to address the use of mobile phones by motorists.

In reviewing penalties imposed, it was felt that Wardens should be invited to be more severe in dealing with interference with fire equipment, particularly the discharge of fire extinguishers. It was also emphasised that personal abuse directed at Wardens and Sub-Wardens was unacceptable and if it was based on ethnicity, gender, or sexual orientation, should be referred to the Registrar. The Secretary was asked to convey these views to the Head of the Wardens’ Service.

6. Annual Report to Senate (DISC05-P3)

The Committee noted its Annual Report to Senate, together with Senate’s minute. It was felt that future analyses should be based on data over several years, and should separate traffic from other offences.

7. Date of Next Meeting

To be determined.