Disciplinary Procedures

A. The Proctor

A.1.

The Proctor shall be appointed by the Council, on the recommendation of the Vice-Chancellor, to be an officer of the University.

A.2.

When, in the opinion of the Proctor, there may have occurred a breach of discipline justifying action against a student, the Proctor shall supervise the investigation of such a breach.

A.3.

The Proctor may institute disciplinary action against a student by referring the case to the Student Disciplinary Officer. Such referral does not preclude either:

1. the Proctor recommending to the Vice-Chancellor that the case be referred to the police, or

2. a Disciplinary Committee from recommending to the Vice-Chancellor that the case be referred to the police. On referring a case to the Student Disciplinary Officer, the Proctor shall notify the student concerned, in writing, of the charge or charges and draw his/her attention to the Disciplinary Procedures.

A.4.

On referring a case to the Student Disciplinary Officer the Proctor shall notify the Vice-Chancellor of the reference.

A.5.

Notwithstanding paragraph A.3., the Proctor may deal with minor cases regardless of whether the student admits or denies guilt, It is at the Proctor's discretion what constitutes a minor case. The Proctor may also deal with allegations of 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. In such cases the Proctor shall:

1. have the power, on behalf of Senate, to resolve

1. that penalties be imposed on the student within the limits determined from time to time by the Senate, such penalties at no time to last beyond the student's period of current student membership;
    

2. that payment by the student of the whole or part of the cost of repair to, or replacement of any property damaged or stolen or, at the Proctor's option, its value, be required.

A resolution under paragraph A.5(a)(ii) of these Procedures may be made regardless of whether or not any penalty is imposed pursuant to a resolution made under paragraph A.5(a)(i).

2. report such resolutions in writing to the Student Disciplinary Officer.

[top of page]

B. The Student Disciplinary Officer

B.1.

The Student Disciplinary Officer shall be appointed by the Council on the recommendation of the Vice-Chancellor to be an officer of the University. He or she shall be permitted to attend meetings of the Senate as appropriate. In the absence or indisposition of the Student Disciplinary Officer, the Vice-Chancellor may, in writing, appoint any officer of the University who is also a member of the Senate, other than the Proctor, to act temporarily in this capacity for a specified period. No person shall perform the functions of the Student Disciplinary Officer unless appointed according to the provisions of this paragraph.

B.2.

The Student Disciplinary Officer shall be the Chair of the Student Disciplinary Panel.

B.3.

The Student Disciplinary Officer shall, subject to the powers contained in paragraphs B.5. and F.1. of these Procedures, have the following duties:

1. subject to the guidelines set out in the document entitled ‘Disciplinary Committee Procedures’ and ‘Disciplinary Committee of Appeal Procedures’, to appoint Committees of the Senate, whose membership shall not include himself/herself, as follows:

1. on the request of either the Proctor or the Vice-Chancellor following action taken under the provisions of Ordinance 5 paragraphs 7 or 8, or on a reference to him/her under paragraph F.5. of these Procedures, a Disciplinary Committee, according to the provisions of paragraph E.1;
    

2. on the request of each student who properly appeals, according to the provisions of paragraphs F.1. and F.2., against a resolution of either the Proctor or a Disciplinary Committee, a Disciplinary Committee of Appeal, according to the provisions of paragraph F.3; and to inform the Vice-Chancellor of all such appointments;

2. to inform in writing each student, whose case has been referred to a Disciplinary Committee, of the substance of such reference, and of any deferment of the effect of any such resolution as may have been authorised under the provisions of paragraph B.5.(a)of these Procedures; and of that student's right of appeal according to these Procedures and similarly to inform such student, when relevant, of the resolutions of a Disciplinary Committee of Appeal;
    

3. to inform the Vice-Chancellor of the lodging of an appeal;
    

4. to report to the Student Disciplinary Panel, each case referred to him/her by an officer of the University during that academic year or dealt with by the Proctor under the provisions of paragraph A.5, and its subsequent treatment according to these Procedures.

[top of page]

B.4.

In cases of alleged breaches of discipline which would also constitute serious offences under the criminal law, the Student Disciplinary Officer will not invoke the Disciplinary Procedures, or if Disciplinary Procedures have already been invoked, will suspend those procedures 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 Vice-Chancellor will decide whether disciplinary action will be taken or continued.

If the victim of a serious offence elects 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 Student Disciplinary Officer will not invoke the Disciplinary Procedures.

B.5

The Student Disciplinary Officer shall have the following powers to be exercised at his/her sole discretion:

1. to defer the effect of any resolution of the Proctor or a Disciplinary Committee until a time not later than the day following the expiry of the period of appeal, according to these Procedures, in all cases where an appeal is permitted but not lodged.
    

2. to require, in writing with reasonable notice, the attendance of a student at a meeting of any of the Committees which he/she has appointed according to the provisions of paragraph B.3.(a) of these Procedures.

C. The Vice-Chancellor

C.1.

The Vice-Chancellor may, pending a disciplinary 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.

C.2.

Suspension or exclusion pending a hearing must not be used as a penalty. The power to suspend or exclude under this provision is to protect the members of the University community in general or a particular member or members and the power shall be used only where the Vice-Chancellor is of the opinion that it is urgent and necessary to take such action. Written reasons for the decision shall be recorded and notified to the student.

[top of page]

C.3.

Subject to paragraph C.4 no student shall 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. Where for any reason it is not possible for the student to attend in person, he or she shall be given an opportunity to make written representations.

C.4.

In cases of great urgency, the Vice-Chancellor shall be empowered to suspend or exclude a student with immediate effect, provided that the opportunities mentioned in paragraph C.3. are offered within five days of the suspension or exclusion coming into effect, or as soon as possible thereafter if impracticable under the circumstances.

C.5.

A decision to suspend or exclude a student temporarily under these procedures shall be kept under constant review by the Vice-Chancellor. Should the holding of a disciplinary hearing or criminal trial be delayed for whatever reason, at the request of the student, where the suspension or exclusion has continued for four weeks, a review shall be conducted by three independent members of Senate. As part of the review, 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 shall remain under constant review by the Vice-Chancellor and, again at the request of the student, be subject to further independent reviews at four-weekly intervals thereafter until a disciplinary hearing or criminal trial may be held.

C.6.

In the absence of the Vice-Chancellor, the power to suspend or exclude a student, pending a disciplinary hearing or a criminal trial, is delegated to an appropriate senior office-holder. Written reasons for the decision shall be recorded and notified to the student. The delegated power to suspend or exclude shall be exercised in accordance with the provisions laid out in paragraphs C.1. to C.5. above. In all cases where the delegated power is exercised, the student has the right to make representations to the Vice-Chancellor.

D. The Student Disciplinary Panel

D.1.

The Student Disciplinary Panel shall be a Committee of the Senate whose membership shall consist of:

The Student Disciplinary Officer (Chair)
The Vice-Chancellor
Twelve members of the academic staff, other than the Pro-Vice-Chancellors and the Proctor, appointed by the Senate
A student member.

[top of page]

D.2.

It shall be the duty of the Student Disciplinary Panel to report annually to the Senate, on all cases reported to it by the Student Disciplinary Officer during the preceding academic year, and to comment as it thinks fit on the overall consistency of the resolutions of the several Committees appointed by the Student Disciplinary Officer and of the Proctor. The Student Disciplinary Panel shall not discuss any individual case, unless that case is reported to it by the Student Disciplinary Officer.

D.3.

The Student Disciplinary Panel shall have the power to review, from time to time, these Procedures and the Disciplinary Committee Procedures and Disciplinary Committee of Appeal Procedures of the several Committees appointed by the Student Disciplinary Officer, and recommend to the Senate that such Procedures and Disciplinary Committee Procedures and Disciplinary Committee of Appeal Procedures be added to, amended or repealed.

E. A Disciplinary Committee

E.1.

1. For each case designated by the Proctor or a Disciplinary Committee of Appeal exercising its duty under paragraph F.6. of these Procedures, a Disciplinary Committee shall consist of:
   Two appointed members of the Student Disciplinary Panel (who shall constitute the quorum).
   One full-time student member of the University selected by the Student Disciplinary Officer in accordance with the provisions of paragraph B.3.(a) of these Procedures.
    

2. The Chair of a Disciplinary Committee shall be appointed by the Student Disciplinary Officer, and shall have an additional casting vote upon a tie.
    

3. Any member of a Disciplinary Committee for a particular case who is not present when evidence concerning that case is heard, shall cease to be a member for that case.

E.2.

A Disciplinary Committee shall, save in relation to a case referred to it as a consequence of a student being found in breach of Disciplinary Regulation 13.2(c), on behalf of the Senate, for each case referred to it by the Student Disciplinary Officer:

1. receive a report on the case from the Vice-Chancellor in accordance with Ordinance 14 paragraph 34;
    

2. consider the case, and exercise its powers according to the provisions of these Procedures, with reasonable expedition and in accordance with the provisions set out in the document entitled ‘Disciplinary Committee Procedures’;
    

3. report its resolutions at a meeting to which the student concerned has been invited, and report its resolutions in writing to the Student Disciplinary Officer;
    

4. resolve, by majority vote on the balance of the evidence presented at the hearing of the case:

1. that the student concerned be found either innocent or guilty of the breach of discipline charged; and
    

2. in the case of a student who has been found guilty, either that no penalty be imposed, or that one or more of the following penalties be imposed on the student, or imposed and suspended, such penalties at no time to last beyond the student's period of current student membership:

   [top of page]

1. payment of a fine specified by the Committee;
    

2. payment of the whole or part of the cost of repair to or replacement of the property damaged or stolen or, at the Committee's option, its value;
    

3. payment of such contribution as is specified by the Committee towards the expenses of Disciplinary proceedings for that case;
    

4. exclusion from the whole or any specified part of the University and its precincts for such period or periods as the Committee may determine; suspension of the enjoyment of any facilities including teaching and supervision, or privileges for such period or periods as may be specified by the Committee;
    

5. expulsion from student membership of the University;
    

6. in the case of offences of violence to the person under Disciplinary Regulation 13.2.(f)1 or harassment under Regulation 13.2.(f)4, that the student concerned be warned as to his/her future conduct;
    

7. such other action specified by the Committee as it thinks proper.

E.3.

In relation to a case referred to it as a consequence of a student being found in breach of Disciplinary Regulation 13.2(c), a Disciplinary Committee shall on behalf of Senate:

1. receive a report on the case from the Vice-Chancellor in accordance with Ordinance 14 paragraph 35;
    

2. consider the breach and exercise its powers according to the provisions of these Procedures, with reasonable expedition and in accordance with the provisions set out in the documents entitled Disciplinary Committee Procedures and Disciplinary Committee of Appeal Procedures;
    

3. report its resolutions at a meeting to which the student concerned has been invited, and report its resolutions in writing to the Student Disciplinary Officer;
    

4. resolve, in the light of the report received under paragraph E.3.(a) of these Procedures and any representations the student concerned may wish to make, and taking into account the safety of persons and property and of good order in the University and its precincts, that no further action be taken on the matter or that one or more of the following actions be taken:

1. that the student concerned be excluded from the whole or any specified part of the University and its precincts for such period or periods as the Committee may determine;
    

2. that the student concerned be suspended from enjoyment of any facilities, including teaching and supervision, or privileges for such period or periods as may be specified by the Committee;
    

3. that the student concerned be expelled from student membership of the University.
    

4. such other action specified by the Committee as it thinks proper.

F. A Disciplinary Committee of Appeal

F.1.

A student shall have the right of appeal to a Disciplinary Committee of Appeal against any resolution of the Proctor or a Disciplinary Committee on one or more of the following grounds:

[top of page]

1. that there is material evidence now available which was not previously reasonably available to the Proctor or Disciplinary Committee; or
    

2. that the Proctor or Disciplinary Committee departed from the provisions of Disciplinary Procedures in a manner prejudicial to the interests of the appellant; or
    

3. that the facts set out in the findings of the Proctor or Disciplinary Committee do not warrant the resolution that there was a breach of discipline; or
    

4. that the penalty imposed by the Proctor or Disciplinary Committee was unreasonable having regard to all the circumstances of the case.

An appeal must be lodged with the Student Disciplinary Officer within fifteen working days of the date on which notification of the resolution was despatched to the student concerned by the Student Disciplinary Officer or the Proctor. Should the student be able to show to the satisfaction of the Student Disciplinary Officer that circumstances beyond his/her control prevented this time limit being adhered to and that injustice would result from adhering to it, the Student Disciplinary Officer may, in his/her absolute discretion, extend the time within which an appeal may be lodged up to a period of thirty working days from the date on which notification of the resolution was despatched to the student concerned by the Student Disciplinary Officer or the Proctor. The written notice of appeal lodged by the appellant with the Student Disciplinary Officer shall set out concisely the grounds of appeal, and where relevant, the circumstances upon which it is claimed an extension of the time limit for the lodging of the appeal should be granted. Upon receipt of the appeal of the Student Disciplinary Officer shall determine whether the grounds set out in the appeal merit referral to a Disciplinary Committee of Appeal, or otherwise that the appeal should be dismissed. The student will be informed of the Student Disciplinary Officer's decision within ten working days from the receipt of the appeal.

F.2.

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 Disciplinary Committee of Appeal provided that such appeal is lodged in writing with the Student Disciplinary Officer within thirty working days of the date on which the verdict in the court of law is delivered.

F.3.

For each appeal properly required by the appellant to be heard by a Disciplinary Committee of Appeal, the Committee shall consist of:

1. Two appointed members of the Student Disciplinary Panel who shall not have been members of the Disciplinary Committee who heard the case which is now the subject of appeal;
   One full-time student member of the University who shall not have been a member of the Disciplinary Committee who heard the case which is now the subject of appeal,
   selected by the Student Disciplinary Officer in accordance with the provisions of paragraph B.3.(a) of these procedures.
    

2. The Chair of the Disciplinary Committee of Appeal shall be appointed by the Student Disciplinary Officer, and shall have an additional casting vote upon a tie.
    

3. Any member of the Disciplinary Committee of Appeal for a particular appeal who is not present when evidence concerning that appeal is considered shall cease to be a member for that appeal.
    

4. The quorum for a meeting of a Disciplinary Committee of Appeal shall be two members, including the Chair, unless exceptionally and for good cause the Student Disciplinary Officer decides otherwise.

   [top of page]

F.4.

A Disciplinary Committee of Appeal shall, subject to the duty laid down in paragraph F.6. of these Procedures, perform the following duties on behalf of the Senate, for each appeal referred to it by the Student Disciplinary Officer:

1. receive a second report on the case from the Vice-Chancellor in accordance with Ordinance 14 paragraph 35;
    

2. consider the appeal, and exercise its powers according to the provisions of these Procedures, with reasonable expedition and in accordance with the provisions set out in the documents entitled Disciplinary Committee Procedures and Disciplinary Committee of Appeal Procedures;
    

3. report its resolutions at a meeting to which the student concerned has been invited, and to report its resolutions in writing to the Student Disciplinary Officer.

F.5.

A Disciplinary Committee of Appeal shall have the power, save in the case of an appeal from a reference by the Student Disciplinary Officer as a consequence of a student being found in breach of Disciplinary Regulation 13.2(c), on behalf of the Senate, for each appeal referred to it by the Student Disciplinary Officer to resolve, by majority vote on the balance of the evidence presented in connection with the appeal, either

1. that the resolution by a Disciplinary Committee, that a student be found guilty, be rescinded, and that consequential resolutions concerning penalties be rescinded; or
    

2. that one or more of the following actions be taken:

1. payment by the student of such contribution towards the expenses of the proceedings of the Disciplinary Committee of Appeal, for the case, as are specified by the Committee, be required;
    

2. a resolution that a student be found guilty be confirmed;
    

3. a resolution concerning penalties or other action made by either a Disciplinary Committee or the Proctor be either confirmed or amended in a manner specified by the Disciplinary Committee of Appeal, provided that such amendment shall be consistent with the powers of the Committee which made the original resolution or of the Proctor.

F.6.

A Disciplinary Committee of Appeal shall, in any case for which the student has been cautioned or which has become the subject of a criminal charge or charges and in respect of which the relevant court of law has found the student guilty, resolve:

1. to rescind all resolutions concerning penalties or other action made by either a Disciplinary Committee or the Proctor and
    

2. to terminate the appeal; and
    

3. without prejudice to the further right of appeal of the student from a resolution of the Disciplinary Committee made under paragraph E.3. of these Procedures, refer the criminal conviction or caution to the Student Disciplinary Officer forthwith.

   [top of page]

F.7.

A Disciplinary Committee of Appeal shall have the power, on behalf of the Senate, for each appeal referred to it by the Student Disciplinary Officer concerning a resolution of a Disciplinary Committee acting under paragraph E.3. of these Procedures, to resolve, by majority vote and in the light of any representations the student concerned may wish to make, either:

1. that one or more resolutions of the Disciplinary Committee be rescinded; or
    

2. that one or more resolutions of the Disciplinary Committee be either confirmed or amended in a manner specified by the Disciplinary Committee of Appeal, provided that such amendment shall be consistent with the powers of a Disciplinary Committee under paragraph E.3.(d) of these Procedures.

F.8.

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.
 

Disciplinary Committee Procedures

The student member of each Disciplinary Committee and Disciplinary Committee of Appeal shall be selected by random method, approved from time to time by the Senate, from the full-time registered students of the University.

1.
The Proctor (or person designated by him/her for this purpose for each case) shall present to the Committee the case against the student charged.

2.
The student referred to a Committee shall be notified by the Student Disciplinary Officer of the time and place at which the case will be heard and of the persons who will hear the case, and shall be informed

1. that if he/she objects to any of the members of the Committee he/she should write to the Student Disciplinary Officer without delay stating the grounds for the objection, and
    

2. that he/she may bring a student or employee of the University or Students' Union to help him/her in presenting his/her case to the Committee.

If a student objects to any member of a Committee, the Student Disciplinary Officer shall rule whether the objection is valid.

3.
The student charged may notify the Student Disciplinary Officer in writing, within five days of the date of the despatch of the notification from the Student Disciplinary Officer of the charge or charges against him/her, that he/she admits to having committed the breach of discipline; in this case the student need not attend, and the Committee shall be free to proceed in his/her absence. In such a case, the student may submit in writing a case for mitigation of penalty.

[top of page]

4.
Evidence to the Committee shall normally be presented orally. Either the student charged or the Proctor may present written evidence if either so wishes. The Committee may at its discretion permit or require evidence to be presented in writing.

5.
It shall be 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 such written evidence may be given less weight than evidence presented in person. The Committee shall not consider evidence from persons who are not prepared to have their names revealed to the Committee.

6.
The Student Disciplinary Officer may require the attendance of a witness when asked to do so by the Proctor or the student charged.

7.
The Chair shall have the power to determine the order of proceedings and to exclude any material which appears irrelevant or unduly repetitive.

8.
The student charged will be invited to be present with a representative whenever oral evidence is being heard by the Committee. Non-attendance of the student charged or his/her representative shall not bar the Committee from proceeding. The Committee may at its discretion adjourn in order to enable the student charged or the representative to be present.

9.
The Committee may adjourn a hearing in order to request the Student Disciplinary Officer to require a witness to attend for cross-examination. Where a witness who, in the opinion of the Committee, is a vital witness, fails to attend, the Committee may, at its discretion, postpone its deliberations. The Committee may also adjourn where it is of the opinion that its proceedings are being impeded by any circumstances beyond its control.

10.
The Committee shall meet to consider an adjourned case, as soon as it is feasible and not later than three months after the adjournment, although the case need not 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 Disciplinary 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 so co-opted, the reconvened hearing shall proceed as a new hearing. Where only one additional member is so co-opted and the student charged so requests, the reconvened hearing shall take the form of a new hearing.

11.
Only members of the Committee and the Secretary shall be present while a Committee is reaching a decision on innocence or guilt or on any penalty or other action.

[top of page]

12.
If the Committee finds the student guilty of a breach of discipline, it shall, before deciding on penalty, be informed by the Proctor of any previous breaches of University discipline committed by the student, of any warning given to the student under paragraph E.2.(d) of the Disciplinary Procedures and of any previous unspent convictions of criminal offences in the courts where, in the opinion of a Disciplinary Committee or, when relevant, a Disciplinary Committee of Appeal, at the time it considered the convictions, the circumstances amounted also to a breach of University discipline.

Disciplinary Committee of Appeal Procedures

1.
The following provisions relate to an appeal against a decision of a Disciplinary Committee or of the Proctor.

2.
On receipt of a Notice of Appeal, the Student Disciplinary Officer shall request from the Chair of the Committee or the Proctor against whose decision an appeal is made a Statement of the Case, which shall 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 person or body concerned considered to be relevant.

3.
The Proctor (or a person designated by him/her for this purpose for each appeal) shall present the case against the Appeal.

4.
The Student Disciplinary Officer shall notify the Proctor and the student of the time and place at which the appeal will be heard and of the names of members of the Disciplinary Committee of Appeal. The Proctor and student shall be provided with a copy of the Statement of the Case within fifteen working days of the lodging of the appeal. The student shall also be informed by the Student Disciplinary Officer of his/her right to bring a student or employee of the University or Students' Union to help in presenting the appeal to the Committee.

5.
The student may, within ten days of the despatch of the Statement of the Case, withdraw the appeal as of right. A student who fails to withdraw the appeal within this period must proceed with it unless the Disciplinary Committee of Appeal gives leave for its withdrawal.

6.
The method of procedure in paragraphs 4-12 of the Disciplinary Committee Procedures shall apply to meetings of a Disciplinary Committee of Appeal.