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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:
- any meeting or other function
(including social or sporting
activities) authorised to take place
within University student
accommodation;
- 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:
- by printing or displaying in
University student accommodation or
- by publishing or distributing to
any visitor or member of the
University within University student
accommodation;
- 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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