Loughborough University
Leicestershire, UK
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Loughborough University

University Committees

Student Discipline Committee

Guidance for Sanctions 2017-18

Guidance for Sanctions

Adopted 27 September 2017

General guidance:

Authorised Officer/Disciplinary Panel Discretion

This guidance is intended to suggest a starting point for typical/simple offences. Discretion will always rest with the Authorised Officer or Disciplinary Panel determining the sanction.

Consistency in Warnings and Fines

A warning/reprimand will only be imposed where there is no other penalty and should be referred to as a ‘Written Warning’.

Fines at S2 will be imposed in the following amounts: £25, £50, £75, £100, £125, £150, £175, £200, £225 and £250.

The starting point for fines at S3 will be £250 and will increase at increments of £25.

Where aggravating and mitigating factors are taken into account and are sufficient to alter a financial sanction, the effect will be to move one or more points up or down the scale (e.g. a fine of £75 might move down to £50 or up to £100, but not to £65 or £85).

Differential between sanctions at S2 and S3

The maximum financial penalty that can be imposed for a single matter at S2 will be £250.

Whilst the Student Disciplinary Panel will have absolute discretion about the level of penalty imposed, S3 matters are generally considered to be more serious than S2 matters. Where a fine is being considered at S3, there will be a presumption that the starting point will be £250.

Community Service – establishing a nominal cash value for guidance purposes

Whilst there is no actual hourly rate or value attached to Community Service, there will be a presumption that one shift or block of Community Service equates to a financial penalty of £100.

Suspended Sanctions

All financial penalties will be immediate, with no part of any financial penalty to be suspended.

This does not prevent an Authorised Officer giving clear guidance as to the starting point for any future penalty in the event of further offending.

Suspended penalties for non-financial penalties may still be imposed – e.g. removal from halls, suspension of registration.

Suspended sanctions will not be activated unless there is a finding of guilt for a new offence. 

Repeat Offences – Relocation of Room or Removal from Hall

Recent practice has been to relocate persistent offenders between halls, particularly in the case of repeated possession of drugs.

Wardens retain the authority to require a student to move rooms within a hall where it is felt that this is likely to help resolve an issue or minimise the likelihood of a recurrence.

Relocation to a different hall of residence will now only be considered in exceptional circumstances, for example where it appears necessary to reassure or protect a specific individual. It will not normally be used for repeat offenders see specific sanctions below.

Specific Offences – Guidance

It must be acknowledged that each disciplinary incident should be treated on its own individual merits, and that Authorised Officers have wide discretion in the discharge of their duties.

Nevertheless, a consistency of approach will help to improve decision making and fairer outcomes.

The following table provides guidance for Authorised Officers and the Student Disciplinary Panel when dealing with students who have come to notice for a first offence, except for a few more serious offences where guidance also is given for repeat offences.

In all cases, it would be legitimate to consider the following as mitigating or aggravating factors:

Potential Mitigating Factors

Potential Aggravating Factors

 

Halls/General Offences

 

 

 

Offence

 

Suggested range for a first offence

Suggested range for subsequent offences

Breach of hall rules

 

Abuse of hall facilities

 

Fail to comply with instruction

 

H & S transgression in hall (not including letting off fire extinguishers, tampering with fire detection equipment or false activation of a fire alarm)

 

Interference with hall function or activity

 

Noise and rowdiness

 

Anti-social behaviour

 

Fail to control hall guest

 

Failing to provide ID/Providing false identity

 

Possession of alcohol in a prohibited area

 

 

Written warning - £50

 

Smoking in hall

 

Failure to meet with University Officers to assist with disciplinary enquiries when requested to do so.

 

Failure to attend a hearing of the Student Disciplinary Panel as a witness or defendant if required to do so with reasonable notice.

 

Failure to inform the University immediately on being cautioned or convicted of any criminal offence (not including motoring offences for which no more than a fine and 3 penalty points are imposed.)

 

£50 - £100

 

Minor damage or damage caused through recklessness (also see Serious or malicious damage below).

£50 - £100 plus the cost of repairs

A 2nd offence should include a presumption of suspended exclusion from University accomodation.

A 3rd offence should include a presumption of exclusion from University accomodation.

Misuse of University premises or property, including misuse of IT systems and services.

 

Disruption of, or improper interference with, the academic, administrative, sporting, social or other activities of the University.

 

 

£50 - £100 plus the cost of repairs/loss.

 

More serious offences may require resolution at Section 3:

 

Presumption of a minimum fine of £250/£300 plus the cost of repairs/loss.

 

 

 

 

Serious misuse of safety and fire equipment – to include setting off fire extinguishers, interfering with detectors and false activation of fire alarms.

 

Use or possession of Class B or C drugs, banned performance drugs or psychoactive substances (often referred to as ‘legal highs’).

 

 

£100 minimum and a presumption of suspended exclusion from University accommodation.

A 2nd offence should include a minimum £200 fine and a presumption of exclusion from Halls.

 

Bullying/harassment (including cyber bullying). *

 

Threatening behaviour. *

 

Physical assault. *

 

Failing to respect the rights of other to freedom of belief and freedom of speech. *

 

Possession of an offensive weapon, firearm or replica firearm.

 

* To note, behaviour that appears to be motivated by, aggravated by or includes behaviour associated with discrimination against a vulnerable victim or a person based on a protected characteristic will be presumed to be a S3 matter.

 

 

£100 - £250 and may include suspended or actual relocation to another Hall, or exclusion from Halls.

 

More serious offences may require resolution at S3 and may include:

 

  • Minimum fine of £250
  • Transfer within or exclusion from University accommodation
  • Restriction from specific buildings or property

 

 

  • Restriction from involvement in University events, including graduation
  • Suspended or actual termination of registration

 

 

 

Serious or malicious damage (also see Vandalism and minor damage above).

Section 3:

 

Presumption of a minimum fine of £250/£300 plus the cost of repairs.

 

Consideration of suspended or immediate exclusion from Halls

 

Use or possession of Class A drugs.

 

Section 3:

 

Presumption of exclusion.

 

The panel will give close consideration to aggravating and mitigating factors before any decision in relation to possession of Class A drugs.

 

Supply of Class A, B or C drugs, banned performance drugs or psychoactive substances (often referred to as ‘legal highs’).

 

 

 

Section 3:

 

Presumption of exclusion.

 

The panel will give close consideration to aggravating and mitigating factors before any decision in relation to the supply of drugs and in particular issues relating to frequency, level of involvement and the nature of the substance involved.

 

Fraud/deception against the University (i.e. deliberate actions intended to or causing financial loss to the University).

 

Section 3:

 

Presumption of exclusion.

 

 

 

 

Receiving a Criminal Conviction (not including motoring offences for which no more than a fine and 3 penalty points are imposed.)

S3 Sanctions will range from Formal Written Warning to recommendation for termination based on the nature of the criminal conviction

 

The panel will consider the following issues:

 

  • The gravity of the matter
  • Whether the matter relates to University activity
  • If the issues identified represent a risk to staff, students, property or reputation

 

  • The degree to which any criminal sanction has addressed the impact on staff, students, property or reputation
  • The issue of double-jeopardy and the degree to which any criminal sanction has adequately reflected the position, values, needs and concerns of the University.

 

 

Failing to comply with disciplinary action conducted under Ordinance XVII (to include failure to abide with restrictions put in place as part of a disciplinary investigation, and a failure to pay fines or complete community service).

 

 

Direct or indirect attempts to influence or intimidate witnesses prior to or during a disciplinary process or subsequent proceedings or other internal procedures.

 

To note that less serious matters may be dealt with at S2 as ‘Fail to Comply with an Instruction’.

S3:

 

The panel will actively consider the following sanctions:

 

  • Minimum fine of £250
  • Transfer within or exclusion from University accommodation
  • Restriction from specific buildings or property

 

  • Restriction from involvement in University events, including graduation
  • Suspended or actual termination of registration

 

 

Unwanted behaviour of a sexual nature (including:  catcalling, following, wolf-whistling, derogatory comments, sexual comments or jokes about a person’s body or clothing, asking questions about someone’s sexual life, making unwelcome sexual advances, making someone feel uncomfortable through displaying or sharing sexual material, posting pornographic pictures in shared spaces, physical or virtual, sending sexually explicit e-mail, texts or other communications via social media, stalking in person or online as set out in the Protection of Freedoms Act (2102)).

 

Any kind of sexual touching undertaken without explicit consent including groping, sexual penetration and rape.

 

It will be important to seek and understand the wishes of victims in any Sexual Assault and Sexual Harassment case.

 

Sanctions will range from Formal Written Warning to recommendation for termination based on the nature of the case.

 

At S3 for more serious cases there will be a presumption of termination of registration, and where this sanction is not applied, the panel will actively consider the following sanctions:

 

  • Minimum fine of £250
  • Transfer within or exclusion from University accommodation
  • Restriction from specific buildings or property
  • Restriction from involvement in University events, including graduation
  • Suspended termination of registration

 

 

Community Offences

 

 

 

Offence

 

Starting Point

Subsequent Offences

Anti-social behaviour.

 

Creating excessive noise or other disturbance in a residential area off campus.

 

Bringing the University into disrepute.

Written warning - £50

 

More serious offences may require resolution at S3 and may include:

 

  • Minimum fine of £250
  • Restriction from involvement in University events, including graduation
  • Suspended or actual termination of registration

 

 

 

Traffic Offences

 

 

Cycling without lights

All offenders are required to buy lights and provide proof to Security within 5 working days. If they fail to do so, a fine of £50 is enforced.

 

Traffic offence

£100 - £200 plus a ban from brining a vehicle onto campus ranging from 1 week to the duration of studies.

 

More serious offences may require resolution at S3 and may include:

 

  • Minimum fine of £250
  • Restriction from involvement in University events, including graduation
  • Suspended or actual termination of registration

 

 

 

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