|
Code of Student Conduct
Introduction
Broad Principles
Student Conduct Regulations
Student Conduct Procedures
Student Conduct Appeals Process

Code of Student Conduct
Introduction
The Code of Student Conduct is built on the
principle that all students are expected to maintain a standard of
conduct which supports the University’s commitment to excellence in
education and scholarship and promotes good order and the good name
and reputation of the University.
In accepting an offer of a place at the
University, students agree to be bound by all relevant provisions of
the
Charter,
Statutes,
Ordinances and
Regulations of the University, which include this Code of
Student Conduct.
Scope
The Student Conduct Regulations and Procedures
apply in relation to any activities engaged in, or services and
facilities enjoyed, as a student of the University, or in the
vicinity of any premises owned, leased or managed by the University.
Disciplinary action may also be taken against a student in respect
of any alleged misconduct wherever and whenever it may have taken
place when it is considered necessary to protect the interests and
reputation of the University and its members.
Behaviour of Guests
Members of the University will be held responsible
for the conduct of their guests and for any damage caused by their
guests whilst they are on the University site. Guests may only be
invited in accordance with the rules and regulations of the
University. No person who has been excluded by the Registrar and
Secretary from any University site may be invited as a student
guest.
Partner Institutions
Students eligible for an award of the University
of Essex following a programme of study validated by the University
but delivered by a partner institution are registered with the
relevant partner institution and come under the jurisdiction of the
regulations for student conduct of the partner institution
concerned. This code of conduct does not, therefore, apply to
students registered at partner institutions.
[top of page]
Broad Principles
Burden of Proof
The University’s Student Conduct Procedures are
not a criminal process and therefore allegations of breaches of the
Conduct Regulations need not be proved ‘beyond a reasonable doubt’.
The standard of proof applied is the ‘balance of probabilities’,
which means that, when assessing the evidence objectively, the view
is that it is more likely than not that the allegation is true.
Alcohol and Drug Use
Being under the influence of alcohol or drugs will
not normally be accepted as a mitigating factor or an excuse for
behaviour leading to breaches of the Student Conduct Regulations.
Mental Health, Illness or Disability
Where there is concern that mental health, illness
or disability may have impacted or continues to impact negatively on
a student’s behaviour and/or conduct, the proceedings may be
adjourned at any stage for the matter to be considered by the
Academic Registrar, who will determine whether proceedings are
resumed under either the
Mental Health Crisis Intervention Policy, the Student Code, of
Conduct, the
Fitness to Practise
Procedure or any other procedure or
policy as appropriate.
Advice, Support, Representation and Guidance
All students have the right to be accompanied at
any stage during the procedure described in the Student Code of
Conduct by a member of the University or a representative of the
Students’ Union Advice Centre, which provides independent
advice, support, guidance and representation for students.
Non-members of the University and legal representatives are not
permitted to be present at any stage of the conduct process.
Criminal Investigations and Convictions
Students are required to notify the Proctor
immediately of any conviction of a criminal offence in a court of
law or formal caution for a criminal offence by a police officer[1].
In cases of alleged breaches of conduct which
would also constitute serious offences under criminal law, the
Conduct Procedures will not be invoked or will be suspended until
the matter has either been prosecuted, or a decision not to
prosecute has been taken, at which time the Student Conduct Officer
will decide whether disciplinary action will be taken or continued.
Conviction by the Police or in a Criminal Court will be taken as
conclusive evidence that the alleged offence has occurred, and no
further investigation will be required by the University.
Under the circumstances, the focus of any
subsequent University conduct proceedings will include an assessment
of the risk posed to staff or students. Any penalty imposed by the
criminal court will be taken into account.
Whilst criminal investigations are underway, the
student is obliged to keep the University informed of any progress
and/or change in status regarding his/her case. The Proctor, or
nominee, will review the case on a monthly basis and will make
recommendations to the Student Conduct Officer if any action is
required during this period.
Where the victim of an alleged offence chooses not
to report the matter to the police or does not co-operate with their
inquiries, and irrespective of whether or not a preference for
internal disposal has been indicated, the University reserves the
right not to invoke the Student Conduct Procedures.
[top of page]
In cases where an allegation is withdrawn, the
University reserves the right to continue with its investigations
and invoke internal Conduct Procedures or refer the matter to the
Police as appropriate.
In the case of a criminal conviction, where
proceedings (including bail conditions, period of time spent on
remand, period of time served in custody following conviction)
result in a student being absent from his/her studies for a period
of fewer than 12 months the student will normally be required to
intermit from their studies for this period. It is the student’s
responsibility to notify the Student Conduct Office of the date of
their release from custody and the matter will then be referred to a
Student Conduct Committee to determine whether the nature of the
offence poses an ongoing risk to the University community, and
whether there are any outstanding matters of concern that have not
been addressed by the criminal proceedings.
In the case of a criminal conviction, where
proceedings (including bail conditions, period of time spent on
remand, period of time served in custody following conviction)
result in a student being absent from his/her studies for a period
of more than 12 months, the student will be deemed withdrawn from
the University. The student may then reapply for admission to the
University, and as part of the standard readmission process will be
required to declare criminal convictions to be considered prior to a
decision regarding an offer of a place. For further information on
admissions procedures in respect of criminal convictions see
Student Membership and Criminal Records Bureau Checks Policy and
Procedure [pdf document]
Conduct in University-Owned or Managed Accommodation
On entering into a contract for University-owned
or administered accommodation, students confirm that they will abide
by the terms and conditions of their tenancy agreement. Breaches of
these terms and conditions will be dealt with in accordance with the
procedures set out in the Residence Procedures.
Professional Misconduct
For students subject to the
Fitness to Practise Procedure, conduct which
affects professional suitability may also be referred to other
relevant University authorities to be handled in accordance with the
appropriate procedures.
Conferral of Degrees
Except with the special permission of the Senate,
no degree of the University will be conferred upon, or certificate
or diploma of the University granted to, a person who is subject to
on-going action in accordance with the procedures contained in this
Code of Student Conduct, including the hearing of any appeal under
the procedures or outstanding criminal investigations or
proceedings.
Study Abroad
Serious breaches or repeated minor breaches of
conduct are considered by Student Conduct Committees. Students
sanctioned by a Student Conduct Committee for a breach of the
Student Conduct Regulations are automatically prohibited from
undertaking study abroad as a component of their degree
programme.
Students have a right of appeal against this
automatic prohibition and may exercise this right by following the
Procedure for Dealing with Prospective Study Abroad Students
with a record of Serious Misconduct.
[top of page]
Confidentiality
The operation of the Student Code of Conduct seeks
to protect individual confidentiality at all stages.
Throughout the operation of these procedures, the
University will seek to ensure that confidentiality is maintained.
This approach will not prevent the University from disclosing
information where necessary for the discharge of duties or as
required by law, nor will it prevent the University, where
appropriate, from disclosing information about any outcome under
this procedure.
Recording of Offences
Records relating to conduct offences will be held
by the Student Conduct Office on a central database and will not
normally be included in the student’s centrally held academic file.
Records of conduct cases are destroyed by the
Student Conduct Office six years after the termination of the
student’s relationship with the University.
Monitoring
The Student Conduct Officer monitors the number of
conduct cases considered and submits an annual anonymised report to
the Student Conduct Panel. The Student Conduct Panel considers the
findings of the report and submits a summary report annually to the
University’s
Senate and the University’s
Student Experience Committee.
Roles and Responsibilities
Student Conduct Office
The Student Conduct Office co-ordinates all
aspects of the administration and delivery of the Student Code of
Conduct across all University campuses. All matters related to
Student Conduct should be addressed to this office in the first
instance.
Our contact details can be found
on our website.
The ProctorThe Proctor is a permanent member of the
Professional Services. S/he is responsible for investigating alleged
breaches of the Student Conduct Regulations and has the power to
impose a range of penalties, including the payment of fines and
repair/replacement costs for minor offences. More serious cases are
referred by the Proctor to the Student Conduct Officer for
consideration by a Student Conduct Committee and the Proctor is
required to attend to present the case against the student.
The Student Conduct Officer
The Student Conduct Officer is appointed by the
Council on the recommendation of the Vice-Chancellor and is an
Officer of the University and fulfils a number of duties.
The Student Conduct Officer chairs the Student
Conduct Panel and reports annually to the Senate on all matters
relating to student conduct that have been investigated during the
preceding academic year. In addition, s/he considers all referrals
from the Proctor of serious offences and all appeals in the first
instance and convenes Student Conduct Committees and Committees of
Appeal as appropriate.
[top of page]
The Student Conduct Panel
The
Student Conduct Panel is a Committee of the Senate. Its
membership consists of the Student Conduct Officer (Chair), the
Vice-Chancellor, members of academic staff appointed by the Senate
and student representation.
The Panel has two main functions: firstly, to
report annually to the Senate on all conduct cases considered during
the previous academic year and to comment on the overall consistency
of the resolutions of the Conduct Committees and of the Proctor.
Individual cases are not discussed unless they are reported by the
Student Conduct Officer. Secondly, the Student Conduct Regulations
and Procedures are also reviewed and recommendations are made to the
Senate regarding any additions, amendments or deletions./p>
Panel members also make up the pool of trained
volunteers from which members of Student Conduct Committees are
drawn.
Students' Union Advice Centre
The
Students' Union Advice Centre is a
"confidential, independent and impartial" service that is not part
of the University. It provides support and guidance to students
throughout the process and seek to ensure that the University
procedures are properly adhered to. In addition to advising students
on their cases, the Advice Centre is also able to provide trained
advisors to accompany students to meetings with the Proctor and
Student Conduct Committees. Students are actively encouraged to
engage with the service at every opportunity.
Conflict of Interest
Although it is intended that the named post
holders will undertake these functions in the majority of cases,
there may be special circumstances, including a conflict of
interest, where another post holder will be substituted.
Student Conduct Regulations
The following behaviour shall be treated as a breach of the
Conduct Regulations which may result in disciplinary action being
taken:
- infringing a Regulation of the University;
- attempting or inciting others to infringe a
Regulation;
- having been convicted of a criminal offence in a
court of law or formally cautioned for a criminal
offence by a police officer[1];
- failing to disclose the conviction of a criminal
offence by a court of law or a formal caution by a
police officer for a criminal offence[2];
- using, selling or possessing within the
University any controlled drug[3]
- possessing within the University any offensive
weapon [4]
- behaviour that may be likely to bring the
University into disrepute;
- exhibiting threatening, intimidating or violent
behaviour;
- exhibiting indecent or abusive language or
behaviour;
- exhibiting disorderly behaviour;
- behaving in a manner that amounts to harassment as
defined by the University’s
‘Guidelines for Dealing with Harassment and Bullying’
[pdf document];
[top of page]
- creating, or causing to be created, excessive noise
which causes discomfort, inconvenience or annoyance to
authorised users of the University premises;
- behaviour that is discourteous, disrespectful or
uncooperative towards a member of the University;
- committing theft within the University;
- behaviour that is likely to cause injury or
impair safety on University premises;
- misusing fire appliances within the University;
- sounding or raising of a fire alarm within the
University when it is unwarranted;
- failing to immediately evacuate any part of the
University or University-owned or administered
accommodation, when a fire alarm sounds or returning
before being told it is safe to do so by a fire
officer or authorised member of the University
staff;
- interfering with or impeding any member of the
University in carrying out his/her duty or proper
function as such;
- failing to disclose name and other relevant
details to an employee of the University or the
Students’ Union when it is reasonable to require
that such information be given;
- interfering with or impeding, by the use of
intimidation, violence, threat of violence or
physical obstruction, the supply or delivery of any
goods or services to the University, or interfering
with or impeding the entry into the University of
any lawful visitor;
- interfering with any mechanical, electrical or
other services or installations within the
University without the authority to do so;
- causing actual or potential damage to,
defacement, misappropriation or unauthorised use of
the property of the University and its grounds;
- disposing of litter inappropriately within the
University;
- behaving in a manner which obstructs, frustrates
or disrupts:
-
any lecture, class or other
instruction, or any laboratory work, or any
examinations, authorised to be held, given or
undertaken within the University; or
-
any meeting or other function
(including social or sporting activities) authorised
to take place within the University; or
-
the satisfactory conduct of the
administrative work of the University or its public
or official functions, activities or legal duties;
- publishing any matter (including
expressed orally or in any writing, sign or visible
representation, including electronically) which is
threatening, abusive or insulting or constitutes
harassment or makes others fear violence, including:
-
by printing or displaying within the
University or
-
by publishing or distributing to
any visitor or member of the University or
-
by using in any form of
instruction, meeting or gathering (including social
and sporting activities) or
-
by broadcasting to any visitor or
member of the University;
- using electronic and social media in
a way that constitutes a breach of any other Student
Conduct Regulation;
- forging, falsifying or misusing the University’s
name or any University record or document, or
knowingly making any false statement or being party
to impersonation in relation to any academic
examination or assessment or University
administrative function or service. This includes,
but is not limited to, the use of false
documentation or statement in the process of gaining
admission to the University;
- behaving in a manner that causes, or is likely
to cause, death, unnecessary suffering, harm or
distress to any species of wildlife or domesticated
or semi-domesticated animal;
- failing to comply with the terms and conditions
of the contract for Accommodation;
- failing to comply with the
‘Guidelines for Use of IT Facilities’;
- failing to comply with any direction or restriction,
imposed by the Librarian in respect of the use of
Library facilities;
- failing to comply with the
University’s No Smoking Policy
[word document];
- failing to comply with a resolution previously
imposed by the Vice-Chancellor, the Proctor, the Deputy
Director Student Support (Residents Life), a Conduct
Committee or the Conduct Committee of Appeal, from the
time of the notification of the resolution or such other
time as is authorised by the Student Conduct Officer,
save that a period of 28 days (or exceptionally, a
longer period as specified by the Student Conduct
Officer) is allowed for the payment of fines, damages
and costs;
- making an allegation which is deemed to be
vexatious or malicious;
- any other behaviour that is deemed to contravene
the general principles of the Code of
Student Conduct.
[top of page]
Student Conduct Procedures
Minor Incidents
Investigating Allegations
When, in the opinion of the Proctor, misconduct may have occurred
and action against a student is justified, the Proctor shall
supervise an investigation. In investigating the matter, the
Proctor will usually convene a series of meetings to formally
discuss the allegations with the subject of the complaint, the
person making the complaint and any other persons involved. In cases
where the alleged offence/s involve/s more than one student, all or
any of the cases may be dealt with at the same time.
Attendance at a meeting with the Proctor
Meetings with the Proctor take precedence over all other academic
and social engagements and attendance is mandatory during term-time.
Students who fail to attend a meeting with the Proctor without good
reason, will be subject to a fine. Repeated failure to attend
meetings or unauthorised absence from a meeting will result in
either the Proctor proceeding in the student’s absence, including
the imposition of an appropriate penalty where necessary or a
referral of the matter to the Student Conduct Officer for
consideration by a Student Conduct Committee.
Joint Hearings
If two or more students are involved in related misconduct, the
Proctor may at his/her discretion deal with the cases together.
Advice, Support, Representation and Guidance
All students are permitted bring a student or employee of the
University or
Students' Union Advice Centre to the meeting with Proctor and
are actively encouraged to do so.
Penalties
Following investigation, the Proctor will determine the severity
of the breach. The Proctor may deal with minor breaches regardless
of whether the student admits or denies guilt. It is at the
Proctor’s discretion what constitutes a minor breach of the
Regulations. In such cases, the Proctor has the power, on behalf of
Senate, to make one or more of the following resolutions:
- That the allegation should be
dismissed and no further action taken.
- To issue a formal written warning
to the student.
- To require the student to make an
apology and/or restitution to the parties affected
by the breach of regulations.
- To confiscate without
compensation, any item prohibited by the rules and
regulations relating to the possession of offensive
weapons on University premises.
- To require the student to have no
contact, or restricted contact, with a specified person
or persons./li>
- To impose a fine not exceeding
£250, except in relation to allegations of the
unwarranted sounding or raising of a fire alarm
within the University, for which the Proctor has the
authority to impose a maximum fine of £500.
- To require the student to pay the
whole or part of the cost of repair to, or
replacement value of, any property that has been
damaged or stolen.
- To require a student to attend a
specified course or programme and to pay a
reasonable cost for such a course or programme.
- To require the student to move to
alternative University accommodation.
- To recommend to Accommodation
Essex that the student should be refused University
accommodation in the future.
- To exclude the student from the
whole or any specified part or parts of the
University and its precincts for a defined period or
periods, including suspension of any non-academic
facilities.
- Any other proportional action
specified by the Proctor as he/she thinks
proper.
[top of page]
Penalties Relating to Minor Criminal Convictions
In relation to a case referred as a consequence of a student
being convicted of a minor criminal offence in a court of law or
formally cautioned for a minor criminal offence by a police officer,
the Proctor will take into account the safety of persons and
property and good order in the University and its precincts, when
imposing one or more of the following resolutions:
- That the charges against the
student should be dismissed and no further action
taken;
- To issue a formal written warning
to the student;
- To confiscate without
compensation, any item prohibited by the rules and
regulations relating to the possession of offensive
weapons on University premises;
- To require the student to attend
a specified course or programme and to pay a
reasonable cost for such a course or programme;
To recommend to Accommodation Essex that the student
may not be allocated accommodation in the future;
- To exclude the student from the
whole or any specified part or parts of the
University and its precincts for a defined period or
periods, including suspension of any non-academic
facilities;
- Any other proportional action
specified by the Proctor as he/she thinks proper.
Penalties will not last beyond the student's current
programme of study. The imposition of a penalty, or part
thereof, may be suspended pending any further breach of
the same or other conduct regulations for a specified
period of time.
Formal Notification
Students will be formally notified in writing of the outcome of
the Proctor’s investigations and subsequent decision and advised of
the procedure for submitting an appeal.
All outcomes are monitored by the Student Conduct Officer.
Serious Incidents
Referral to the Student Conduct Officer
If the Proctor determines the case to be of a more serious nature
or where there has previously been a series of minor offences, the
case will be referred to the Student Conduct Officer. This does not
prevent the Proctor from referring the case to the police.
Students will be formally notified in writing, of the referral,
the allegation/s and draw his/her attention to the Conduct
Procedures.
Upon receiving a referral from the Proctor the Student Conduct
Officer will convene a Student Conduct Committee to consider the
charges against the student.
Temporary Exclusion from Accommodation
When, in the opinion of the Proctor it is necessary for the
protection of any person, property, the reputation of the University
or the student him/herself, the Proctor may request the student to
leave University student accommodation immediately or request the
student to move to alternative University Student Accommodation
pending the outcome of conduct proceedings. In such cases conduct
proceedings will be initiated at the earliest opportunity. The
Proctor may not suspend or relocate a student unless the student has
been given the opportunity to make representations in person to the
Proctor. Where for any reason it appears to the Proctor that it is
not practicable for the student to attend in person, the Student
will be entitled to make written representation.
[top of page]
Temporary Exclusions
The Vice-Chancellor may, pending a conduct hearing or a criminal
trial, suspend or exclude a student who is the subject of a
complaint of misconduct or against whom a criminal charge is pending
or who is the subject of a police investigation.
Suspension or exclusion pending a hearing is not used as a
penalty. The power to suspend or exclude under this provision is
designed to protect a member or members of the University community
and will only be used where the Vice-Chancellor is of the opinion
that it is urgent and necessary to take such action. Written reasons
for the decision will be recorded and notified to the student.
Normally, a student will not be suspended or excluded by the
Vice-Chancellor unless he or she has been given an opportunity to
make representations in person to the Vice-Chancellor. In cases of
great urgency, the Vice-Chancellor may suspend or exclude a student
with immediate effect, provided that they are offered the
opportunity to make representations to the Vice-Chancellor within
five days of the suspension or exclusion coming into effect, or as
soon as possible thereafter if it is impracticable under the
circumstances. If it is not possible for the student to attend in
person, the student will be permitted to make written
representations.
A decision to temporarily suspend or exclude a student will be
kept under review by the Vice-Chancellor. Should the holding of a
disciplinary hearing or criminal trial be delayed for whatever
reason, and where the suspension or exclusion has continued for at
least four weeks, the student may request a review of the decision.
A review will be conducted by three independent members of the
Senate and the student will be given the opportunity to submit
written representations and to make representations in person.
Should the suspension or exclusion continue after the review, it
will remain under constant review by the Vice-Chancellor and, at the
request of the student, be subject to further independent reviews at
four-weekly intervals thereafter, until a disciplinary hearing or
criminal trial is held.
The power to temporarily suspend or exclude a student, pending a
disciplinary hearing or a criminal trial, is delegated to an
appropriate senior office-holder and will be carried out in
accordance with the procedure above. In all cases where the
delegated power is exercised, the student retains the right to make
representations to the Vice-Chancellor.
Convening a Student Conduct Committee
The Student Conduct Office will inform each student in writing
that their case has been referred to a Conduct Committee and the
substance of the referral. Details of the practical arrangements for
the hearing will be included together with a reply slip which must
be returned to the Student Conduct Office, within five days of the
date of the letter, indicating whether he/she admits to having
committed the cited breach/es and whether he/she has any objection
to any of the members of the Committee. The grounds for any
objection must be clearly stated and the Student Conduct Officer
will rule whether the objection is valid.
If two or more students are involved in related misconduct, the
Student Conduct Officer may determine that the cases are considered
together by the same Committee.
Attendance at Student Conduct Committees
Students are required to attend any meeting of a Student Conduct
Committee appointed by the Student Conduct Officer. The Conduct
Committee will proceed in the student’s absence, should he/she fail
to attend the hearing without good reason.
Advice, Support, Representation and Guidance
All students are permitted to bring a student or employee of the
University or
Students' Union Advice Centre to help him/her in presenting
his/her case to the Committee and are actively encouraged to do so.
[top of page]
Evidence
Evidence will normally be presented orally but written evidence
or electronic evidence may also be submitted for examination. The
Chair has the power to determine whether any material appears
irrelevant or appears unduly repetitive.
Witness Evidence
It is the responsibility of the student charged and the Proctor
to arrange for their respective witnesses to give oral evidence or
to submit any written statements. A witness giving oral evidence may
be cross-examined. A witness not available for cross-examination may
submit evidence in writing, but written evidence may be given less
weight than evidence presented in person. The Committee may choose
to disregard evidence from witnesses who are not prepared to have
their names revealed to the Committee.
Composition of a Student Conduct Committee
AA Student Conduct Committee will consist of two appointed members
of the Student Conduct Panel (who shall constitute the quorum) and
one student member of the University selected from a pool of trained
student volunteers. One of the two appointed academic members of the
Committee will act as Chair of the proceedings and will have an
additional casting vote upon a tie. No member of the Student Conduct
Committee will be from the same Department, School or Centre as the
student subject to the proceedings.
Order of Proceedings
The order of proceedings for a Student Conduct Committee will
normally be as follows:
- Introduction of those present;
- The Proctor sets out the
allegation/s of misconduct;
- The student responds to the
allegation/s and is present with their
representative whenever oral evidence is being heard
by the Committee;
- The Committee has the opportunity
to question both the Proctor and the student;
- Either party may call witnesses
who shall attend only to present their evidence and
to answer any questions that the Committee or the
other party may put to them through the Chair. Once
their evidence has been heard and there are no more
questions, witnesses are required to withdraw;
- The Proctor sums up the
allegation/s;
- The student provides a final
summary;
- The Proctor and the student
withdraw whilst the Panel reach their verdict;
- The Proctor and the student
return for the delivery of the verdict;
- If the Committee finds the
student guilty of a breach of the Conduct
Regulations, the student is given the opportunity to
put forward a case for mitigation of penalty;
- The Proctor informs the Committee
of any previous breaches of the Student Conduct
Regulations by the student;
- The Proctor and the student
withdraw whilst the Committee consider an
appropriate penalty;
- The decision of the Committee is
then presented orally to the student.
Adjourning a Student Conduct Committee
The Committee may, where it is appropriate to do so, adjourn
consideration of a student’s guilt or subsequent penalty in order to
enable the student charged and/or their representative to be
present.
The Committee may adjourn a hearing in order to request that the
Student Conduct Officer requires a witness to attend for
cross-examination. The Committee may postpone its deliberations
where a witness that the Committee considers to be a vital witness,
fails to attend. The Committee may also adjourn where it is of the
opinion that its proceedings are being impeded by any circumstances
beyond its control.
The Committee will meet to consider an adjourned case, as soon as
it is feasible and not later than three months after the
adjournment, although the case does not need to be determined at the
resumed meeting. Where it is not reasonably practicable for the same
members to attend the Committee reconvened to hear an adjourned
case, the Student Conduct Officer may co-opt up to three additional
members to replace those unable to attend and, if necessary, may
appoint from among those co-opted members a new Chair. Where two or
more additional members are co-opted, the reconvened hearing will
proceed as a new hearing. Where only one additional member is
co-opted and the student charged requests it, the reconvened hearing
will take the form of a new hearing.
[top of page]
Penalties
A Conduct Committee has the power, on behalf of the Senate, to
make one or more of the following resolutions:
- That the charges against the
student should be dismissed and no further action
taken;
- To issue a formal written warning
to the student;
- To require the student to make a
written apology and/or restitution to the parties
affected by the breach of Regulations;
- To confiscate without
compensation, any item prohibited by the rules and
regulations relating to the possession of offensive
weapons on University premises;
- To require the student to have no
contact, or restricted contact, with a specified
person or persons;
- To impose a fine;
- To require the student to pay the
whole or part of the cost of repair to, or
replacement value of, any property that has been
damaged or stolen;
- To require the student to attend
a specified course or programme and to pay a
reasonable costs for such a course or programme;
- To require the student to move to
alternative University accommodation;
- To recommend to Accommodation
Essex that the student should be refused University
accommodation in the future;
- To exclude the student from the
whole or any specified part or parts of the
University and its precincts for a defined period or
periods, including suspension of any University
academic, residential, social or sporting facilities[5];
- To expel the student from
membership of the University[6];
Penalties Relating to Serious Criminal Convictions
In relation to a case referred to it as a consequence of a
student being convicted of a serious, or repeated minor criminal
offence(s) in a court of law or formally cautioned for a serious
criminal offence by a police officer, a Committee will take into
account the safety of persons and property and of good order in the
University and its precincts, and make one or more of the following
resolutions:
- That the charges against the
student should be dismissed and no further action
taken;
- To issue a formal written warning
the student;
- To confiscate without
compensation, any item prohibited by the rules and
regulations relating to the possession of offensive
weapons on University premises;
- To require the student to attend
a specified course or programme and to pay a
reasonable cost for such a course or programme;
- To recommend to Accommodation Essex that the student
may not be allocated accommodation in the future;
- To exclude the student from the
whole or any specified part or parts of the
University and its precincts for a defined period or
periods, including suspension of any University
academic, residential, social or sporting
facilities;
- To expel the student from
membership of the University[6].
Penalties will not last beyond the student's current
programme of study. The imposition of a penalty, or part
thereof, may be suspended pending any further breach of
the same or all conduct regulations for a specified
period of time.
Formal Notification
Students will be formally notified in writing of the outcome of
the committee’s deliberations and decision and advised of the
procedure for submitting an appeal.
[top of page]
Student Conduct Appeals Process
Grounds for Appeal
A student has the right of appeal to a Conduct Committee of
Appeal, against any resolution of the Proctor or a Student Conduct
Committee on one or more of the following grounds:
- That there is material evidence
now available which was not previously reasonably
available to the Proctor or the Conduct Committee;
or
- That the Proctor or Conduct
Committee departed from the Student Conduct
Procedures in a manner that may be prejudicial to
the interests of the accused student; or
- That the facts set out in the
findings of the Proctor or Conduct Committee do not
warrant the resolution that there was a breach of
regulations; or
- That the penalty imposed by the
Proctor or Conduct Committee was unreasonable with
regard to all the circumstances of the case.
Written Notice of Appeal
A student may exercise their right to appeal by completing an
Appeal Form
[word document], setting out concisely the grounds for appeal (as
described above) and sending it to the Student Conduct Office at
studentconduct@essex.ac.uk
within fifteen
working days of the date on the letter containing the official
notification of the outcome of conduct proceedings. The Student
Conduct Officer has absolute discretion to extend this submission
deadline to thirty working days from the date on the official
outcome letter, providing that the student is able to show to the
satisfaction of the Student Conduct Officer, that circumstances
beyond his/her control prevented the standard time limit being
adhered to and that injustice would result from adhering to it.
Convening a Student Conduct Committee of Appeal
Upon receipt of an appeal, the Student Conduct Officer will
determine whether the grounds set out in the appeal merit referral
to a Student Conduct Committee of Appeal, or whether the appeal
should be dismissed. The student will be informed of the Student
Conduct Officer’s decision within ten working days from receipt of
the appeal.
On referring the case to a Conduct Committee of Appeal, the
Student Conduct Officer will request from the Chair of the original
Conduct Committee or the Proctor, against whose decision the appeal
is made, a Statement of Case, which will include details of the
charge or charges in respect of which the decision was made, a brief
summary of the evidence and of the relevant findings, the decision,
details of any penalty imposed, a brief comment as to the reason for
such findings, decision and penalty and any further information
which the Proctor or Committee Chair concerned considers to be
relevant.
Within fifteen days of the notification of the Student Conduct
Officer’s decision to refer the appeal to a Student Conduct
Committee of Appeal, the Student Conduct Office will provide the
student with a copy of the Statement of Case, details of the
practical arrangements for the hearing and the names of members of
the Student Conduct Committee of Appeal, together with a reply slip
which must be returned to the Student Conduct Office, within five
working days of the date of the letter. The student has the right to
object to any member of the proposed Conduct Committee of Appeal and
the grounds for any objection must be clearly stated and the Student
Conduct Officer will rule whether the objection is valid.
Withdrawing an Appeal
The student may, within five days of the despatch of the
Statement of the Case by the Student Conduct Officer, withdraw the
appeal. A student who fails to withdraw the appeal within this
period must proceed with it unless the Student Conduct Committee of
Appeal gives permission for its withdrawal.
[top of page]
Attendance at Student Conduct Committees
Students are required to attend any meeting of a Student Conduct
Committee of Appeal. Students who fail to attend a Student Conduct
Committee of Appeal without good reason will be subject to a fine
and the appeal will automatically be dismissed.
Advice, Support, Representation and Guidance
All students permitted to bring a student or employee of the
University or Students' Union to help
him/her in presenting their appeal to the Committee and are actively
encouraged to do so.
Composition of a Student Conduct Committee of Appeal
A Student Conduct Committee of Appeal will consist of two
appointed members of the Student Conduct Panel (who shall constitute
the quorum) and one student member of the University selected from a
pool of trained student volunteers. One of the two appointed
academic members of the Committee will act as Chair of the
proceedings and will have an additional casting vote upon a tie. No
member of the Student Conduct Committee of Appeal will be from the
same Department/School/Centre as the student subject to proceedings.
No member of the original Student Conduct Committee will be a member
of the Student Conduct Committee of Appeal.
Order of Proceedings
The order of proceedings for a Student Conduct Committee of
Appeal will normally be as follows:
- Introduction of those present;
- The Chair determines on what
grounds the student is appealing and which
charges/penalties are being appealed;
- The Proctor sets out his/her view
regarding the original resolution of the Proctor or
Conduct Committee;
- The student presents the case for
the appeal and is present with their representative
whenever oral evidence is being heard by the
Committee;
- The Committee has the opportunity
to question both the Proctor and the student;
- Either party may call witnesses
who shall attend only to present their evidence and
to answer any questions that the Committee or the
other party may put to them through the Chair. Once
their evidence has been heard and there are no more
questions, witnesses are required to withdraw;
- The Proctor and student are
invited to provide a final summary;
- The Proctor and the student
withdraw whilst the Panel reach their verdict upon
guilt where this is being appealed;
- The Proctor and the student
return for the delivery of the verdict upon guilt
where this is being appealed;
- If the Committee confirms the
decision to find the student guilty of a breach of
the Conduct Regulations, the student is given the
opportunity to put forward a case for mitigation of
penalty;
- The Proctor informs the Committee
of any previous breaches of the Student Conduct
Regulations by the student;
- The Proctor and the student
withdraw whilst the Committee consider whether the
penalty under appeal appropriate;
- The decision of the Committee is
then presented orally to the student.
Student Conduct Committee of Appeal Resolutions
A Conduct Committee of Appeal will make one or more of the
following resolutions:
- Rescind the resolution of the
Proctor or Conduct Committee, that the student be
found guilty and that any consequential penalties
should also be rescinded;
- Confirm that the student be found
guilty;
- Either confirm or amend a penalty
issued by either a Conduct Committee or the Proctor,
provided that any amendment is consistent with the
powers of the Proctor or the Conduct Committee which
made the original resolution. It should be noted
that this means that penalties may be increased as
well as decreased.
[top of page]
Procedural Irregularity
Any appeal following the formal conclusion of the Student Conduct
Committee of Appeal may be made on the grounds of procedural
irregularity only, specifically that the Committee departed from the
prescribed procedures. A student who wishes to appeal against the
outcome of these procedures on the grounds of procedural
irregularity should write to the Academic Registrar within four
weeks of the date of the Student Conduct Committee of Appeal
hearing, setting out in detail the nature of the evidence to support
the claim that there were procedural irregularities in the process.
If there is irrefutable evidence to support the claim then the case
will be reviewed by the Pro-Vice-Chancellor (Education). If the
Pro-Vice-Chancellor determines that there were procedural
irregularities in the process then the case will be referred to a
new Student Conduct Committee of Appeal.
The Office of the Independent Adjudicator (OIA)
The Office of the Independent Adjudicator for Higher Education
(OIA) provides an independent scheme for the review of student
complaints or appeals. When the University’s internal procedures for
dealing with complaints and appeals have been exhausted, the
University will issue a Completion of Procedures letter. Students
wishing to avail themselves of the opportunity of an independent
review by the OIA must submit their application to the OIA within
three months of the issue of the Completion of Procedures letter.
Full details of the scheme are available on request and will be
enclosed with the Completion of Procedures letter.
Acquittal in a Court of Law
A student acquitted in a court of law of an offence related to an
incident for which a penalty has been already imposed under the
arrangements set out in this document shall have the right of appeal
to a Conduct Committee of Appeal provided that such appeal is lodged
in writing with the Student Conduct Officer within thirty working
days of the date on which the verdict in the court of law is
delivered.
[1] For the purposes of internal
disposal, a conviction includes being put on probation, being given
absolute or conditional discharges, being bound over or being given
a formal caution. Students need not declare parking or
speeding offences which are subject to fixed penalties.
[2] For the purposes of internal disposal a
conviction includes being put on probation, being given absolute or
conditional discharges, being bound over or being given a formal
caution. Students need not declare parking or speeding
offences which are subject to fixed penalties.
[3] As defined in the Misuse of Drugs Act
1971 and the Regulations promulgated thereunder or any legislation
for the time being in force modifying or replacing that Act;
[4] As defined in the Prevention of Crime
Act 1953 or, without good cause, any article as defined in Section
139 of the Criminal Justice Art 1988 and the Regulations promulgated
there under or any legislation for the time being in force modifying
ore replacing that Act;
[5] A student expelled or excluded as a
result of conduct proceedings shall have no right to a refund.
[6] Expulsion from the University, is
compulsory permanent withdrawal from the University and means that
the student is no longer eligible to be registered for a programme
of study or a component of a programme of study; or to be awarded a
qualification from the University or to reside in University
Accommodation
[top of page]
|