Code of Student Conduct in Residential Accommodation

Introduction
Broad Principles
Roles and responsibilities
Residents' Conduct Regulations
Residents' Conduct Procedures
Residents' Conduct Appeals Process

Code of Student Conduct in Residential Accommodation

Introduction

This code provides a framework for resolving complaints and dealing with incidents and allegations of misconduct that arise within University-owned, managed or administered accommodation. This code aims to resolve issues as efficiently and effectively as possible to assist residents in maintaining the quiet enjoyment of their accommodation, by ensuring that all residents are fully informed about the obligations and responsibilities of the University as Landlord and the resident as tenant.

Scope

Only full-time registered students at the University will be entitled to occupy Student Accommodation owned, managed or administered by the University and designated for student occupation. The Registrar and Secretary will have the discretion to allow part-time registered students or University or visiting staff to occupy Student Accommodation if that is necessary for the better operation of the accommodation, or if the accommodation is surplus to student requirements.

Each occupier of Student Accommodation must enter into a contract with the University before taking up occupation. The contract will set out the period that the Student Accommodation will be made available and the applicable charges (as determined by Council from time to time). The contract will also set out the standard terms and conditions that the occupiers must observe and signify an agreement to abide by the Residents’ Conduct Regulations contained within this code.

Permitted Occupiers

A permitted occupier is a person or persons named in the University’s offer of Student Accommodation to a Student as being a person who is permitted to live with the registered Student in that accommodation.

Behaviour of guests

Students residing in University-owned, managed or administered accommodation 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. The University of Essex as Landlord may however instigate legal proceedings against a student studying at a partner institution, following discussion with the person responsible for student conduct at the partner institution.

Broad Principles

Burden of Proof

The operation of this code is not a criminal process and therefore allegations of breaches of the Residents’ 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 Residents’ 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 Code of Student Conduct in Residential Accommodation, the Code of Student Conduct, the Fitness to Practise Procedures or any other procedure or policy as appropriate.

Advice, Support, Representation and Guidance

All students have the right to be accompanied at any stage in the procedure described in this Code by a member of the University or a representative of the Students' Union Advice Centre, who provide 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 Residents’ Conduct process.

Confidentiality

The operation of this code seeks to protect individual confidentiality at all stages throughout the operation of these procedures and 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 its 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 residents’ conduct offences will be held by the Deputy Director Student Support (Residence Life) or his/her nominee, on a central database and will not normally be included in the student’s centrally held academic file.

Records of residents’ conduct cases are destroyed six years after the termination of the student’s relationship with the University.

Monitoring

The Student Conduct Officer will monitor the number of resident conduct cases considered and submit an annual anonymised report to the Student Conduct Panel. The Student Conduct Panel will consider the findings of the report and submit a summary report annually to the University’s Senate and the University’s Student Experience Committee.

Roles and Responsibilities

Under these procedures, the following persons shall be deemed to be the authorised persons for dealing with student conduct in the residences:

Deputy Director of Student Support (Residence Life)

The Deputy Director of Student Support (Residence Life), or his/her nominee, will have the power to respond to misconduct in accommodation owned or managed by the University.

The Residents' Support Network

The Residents’ Support Network (RSN) is an accommodation based service managed by the Deputy Director of Student Support (Residence Life). The aim of the RSN is to provide an environment within which students can have a positive experience of living and learning. Areas of accommodation are assigned to Residents’ Assistants (RAs) who will get to know their residents, work with students to encourage communication and organise a range of social activities to promote integration. The other element is to respond to concerns and complaints that residents may have by operating an on-call rota which operates from 5pm to 9am.

The Proctor

The 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 investigating 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 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.

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. The Student Conduct Regulations and Procedures are also reviewed and recommendations are made to the Senate regarding any additions, amendments or deletions.

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 provides a "Confidential, Independent and Impartial" service that is not part of the University. They provide 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 at every opportunity to engage with the service.

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, requiring another post holder to undertake the functions assigned to the post holder referred to in the document.

Residents' Conduct Regulations

The following behaviour shall normally be treated as a minor breach of the Residents’ Conduct Regulations and will normally result in action being taken by the Director of Student Support (Residence Life) or his/her nominee:

attempting or inciting others to infringe a regulation;
exhibiting indecent or abusive language or behaviour in University student accommodation;
exhibiting disorderly behaviour in University student accommodation;
creating or causing to be created, excessive noise which causes discomfort, inconvenience or annoyance to authorised users of University student accommodation;
behaviour that is discourteous, disrespectful or uncooperative towards a member of the University;
committing theft of foodstuffs or other minor items within University student accommodation;
smoking in an area of student accommodation;
misusing fire prevention equipment or fire fighting appliances within University student accommodation;
sounding or raising of a malicious fire alarm within University student accommodation;
failing to immediately evacuate any part of University student 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, or failing to comply with any member of the University in carrying out his/her duty or proper function within University student accommodation;
failing to disclose name and other relevant details to an employee of the University when it is reasonable to require that such information be given;
interfering with any mechanical, electrical or other services or installations within University student accommodation without the authority to do so;
causing actual or potential damage to, or defacement, misappropriation or unauthorised use of University student accommodation;
behaving in a manner within University student accommodation that amounts to harassment, as defined by the University’s ‘Guidelines for Dealing with Harassment and Bullying’;
behaving in a manner which obstructs, frustrates or disrupts:
1. any meeting or other function (including social or sporting activities) authorised to take place within University student accommodation;
2. the satisfactory conduct of the administrative work associated with the provision of University student accommodation;
publishing any matter (including expressed orally or in writing, sign or visible representation, including electronically) which is threatening, abusive or insulting or constitutes harassment or makes others fear violence, including:
1. by printing or displaying in University student accommodation or
2. by publishing or distributing to any visitor or member of the University within University student accommodation;
3. by using in any form of meeting or gathering within University student accommodation;
using social media in a way that constitutes a breach of any other Residents’ Conduct Regulation or the terms and conditions of the accommodation contract;
failing to comply with the terms and conditions of the contract for accommodation;

The following behaviour shall normally be treated as a serious breach of the Residents’ Conduct Regulations which may result in conduct action being taken by the Proctor according to the provisions of the University’s Code of Student Conduct:

using, selling or possessing within the University any controlled drug[1];
possessing within the University any offensive weapon[2];
exhibiting threatening, intimidating or violent behaviour;
committing theft within the University;
behaviour that is likely to cause injury or impair safety on University premises;
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;
failing to comply with a resolution previously imposed by the Deputy Director Student Support (Residence Life) or his/her nominee;
making an allegation which is deemed to be vexatious or malicious.

Residents' Conduct Procedures

The purpose of this procedure is:

to establish whether a particular incident(s) took place and whether a Resident was involved in that incident;
to establish whether a resident or an authorised guest of a resident is in breach of the Residents’ Conduct Regulations;
to determine what action should be taken against a resident who has breached the Residents’ Conduct Regulations.

Minor breach of Residents Conduct Regulations

Referral to the Deputy Director Students Support (Residence Life)

When, in the opinion of the Deputy Director Student Support (Residence Life) or his/her nominee, misconduct may have occurred within University student accommodation and action against a student is justified, s/he will supervise an investigation. In investigating the matter s/he 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 involves more than one student, all or any of the cases may be dealt with at the same time.

Attendance at a meeting with the Deputy Director of Student Support (Residence Life)

Students that fail to attend a meeting with the Deputy Director Student Support (Residence Life) or his/her nominee, 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 Deputy Director Student Support (Residence Life) proceeding in the students’ absence, including the imposition of an appropriate penalty where necessary or a direct referral of the matter to the Proctor for consideration.

Joint Hearings

If two or more students are involved in related misconduct, the Deputy Director Student Support (Residence Life) or his/her nominee may at his/her discretion deal with the cases together.

Advice, Support, Representation and Guidance

All students are permitted to bring a student or employee of the University or Students' Union Advice Centre to the meeting with Deputy Director Student Support (Residence Life) or his/her nominee and are actively encouraged to do so.

Penalties

Following investigation the Deputy Director Student Support (Residence Life) or his/her nominee will determine the severity of the breach. S/he may deal with minor breaches regardless of whether the student admits or denies guilt. In such cases the Proctor has the power, on behalf of the Proctor and 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 parties affected by the breach of regulations.
To confiscate without compensation, any item prohibited by the terms and conditions of the Residents’ Contract.
To require the student to have no contact, or restricted contact, with a specified person or persons.
To impose a fine not exceeding £150 except in relation to allegations of the unwarranted sounding or raising of a fire alarm within the University, for which the Deputy Director Student Support (Residence Life) or his/her nominee 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 student accommodation.
To recommend to Accommodation Essex that the student should be refused University student accommodation in the future.
To exclude the student from the whole or any specified part or parts of the University student accommodation and its precincts for a defined period or periods, including suspension of any non-academic facilities.
Any other proportional action specified by the Deputy Director Student Support (Residence Life) or his/her nominee 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 investigations and subsequent decision and advised of the procedure for submitting an appeal.

All outcomes are monitored by the Student Conduct Officer.

Serious or Persistent breach of Residents Conduct Regulations

Referral to the Proctor

If after investigation the Deputy Director Student Support (Residence Life) determines that the case is a serious breach of the Residents' Conduct Regulations or where there has previously been a series of minor offences, the case will be referred to the Proctor for investigation under the University’s Code of Student Conduct. This does not prevent the Deputy Director Student Support (Residence Life) or his/her nominee from referring the case to the police.

The Deputy Director Student Support (Residence Life) will notify the student concerned, in writing, of the referral, the allegation or allegations and draw his/her attention to the University’s Code of Student Conduct Procedures.

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.

Residents' Conduct Appeals Process

Grounds for Appeal

A student has the right of appeal to a Student Conduct Committee of Appeal, against any resolution of the Deputy Director Student Support (Residence Life) or his/her nominee on one or more of the following grounds:

That there is material evidence now available which was not previously reasonably available; or
That the Deputy Director Student Support (Residence Life) or his/her nominee departed from the Residents 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 Deputy Director Student Support (Residence Life) or his/her nominee do not warrant the resolution that there was a breach of regulations; or
That the penalty imposed by the Deputy Director Student Support (Residence Life) or his/her nominee 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, 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 Deputy Director Student Support (Residence Life) or his/her nominee, against whose decision the appeal is made, a Statement of the 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 Deputy Director Student Support (Residence Life) or his/her nominee, considers to be relevant.

Within fifteen days of the lodging of the 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 ten 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.

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 are 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.

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 Deputy Director Student Support (Residence Life) or his/her nominee sets out his/her view regarding their original resolution;
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 Deputy Director Student Support (Residence Life) or his/her nominee 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 Deputy Director Student Support (Residence Life) or his/her nominee and student are invited to provide a final summary;
The Deputy Director Student Support (Residence Life) or his/her nominee and the student withdraw whilst the Panel reach their verdict upon guilt where this is being appealed;
The Deputy Director Student Support (Residence Life) or his/her nominee 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 Deputy Director Student Support (Residence Life) or his/her nominee informs the Committee of any previous breaches of the Residents’ Conduct Regulations;
The Deputy Director Student Support (Residence Life) or his/her nominee 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 Deputy Director Student Support (Residence Life) or his/her nominee, 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 Deputy Director Student Support (Residence Life) or his/her nominee, provided that any amendment is consistent with the powers of the Deputy Director Student Support (Residence Life) or his/her nominee that made the original resolution. It should be noted that this means that penalties may be increased as well as decreased.

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 prima facie there is 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.

1] As defined by the Misuse of Drugs Act 1971 and the Regulations promulgated thereunder or any legislation for the time being in force modifying or replacing the Act.
[2] 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.

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