STUDENT DISCIPLINARY POLICY AND PROCEDURES

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1 STUDENT DISCIPLINARY POLICY AND PROCEDURES POLICY Purpose The purpose of this Policy is: To generate a positive approach to the establishment and maintenance of the Student Code of Conduct. To ensure a consistent approach across the College towards the maintenance of student discipline. To ensure timely address of breaches To provide direction for staff, students, parents, and employers on the disciplinary procedures to be adopted when the Code of Conduct is broken and/or when major or gross misconduct occurs. Pre-16 students are subject to separate procedures. Please refer to School Link procedures. Although this Policy is applicable to students enrolled on Higher Education (HE) courses, it must be implemented in conjunction with any agreement with the appropriate sponsoring HE Institution. Policy Statement The Disciplinary Policy will reflect and support: the Student Code of Conduct; the Mission of the College; the College Policy on Student Progress/Performance, which provides an appropriate alternative where there are concerns about student performance in the classroom; Policies and procedures on student welfare, including safeguarding, disability and mental health, and substance misuse; other relevant College Policies and Procedures; the Rules of Natural Justice; and the principles of Restorative Practice. Implementation The implementation of this Policy should take into account: current legislation; the role of parents/carers and employers; and the age and circumstances of the student. Page 1 of 13

2 The College has an obligation to ensure a fair hearing for students. Students will be given a copy of the Code of Conduct on joining and will be informed how to access College Policies as part of induction. It is at the College s discretion to refer matters to the Police, unless required by law. Responsibility for Student Discipline The lecturer/supervisor has a responsibility and authority for student discipline during teaching sessions. This Policy does not seek to replace standard classroom management. Staff should seek advice/discuss with Curriculum Manager or Director of Learning as appropriate for the breach. All members of staff have a responsibility and authority to take immediate action to maintain discipline in the common areas of the College. A student behaving in a manner that could lead to a breach of the Code of Conduct should be warned that their behaviour is inappropriate and that a disciplinary action could follow. Each individual student has the responsibility to acquaint themselves with the Code of Conduct and to comply with it. Full-time students are required to sign that they have done so. A copy is available on Blackboard or from the Area of Learning. Contact Learner Services for more accessible copies as required. Breaches of Discipline Breaches of discipline may be minor, major or gross. Professional judgements will need to be made about the severity of each breach of the Code of Conduct. If in doubt, contact Corporate Services to ensure a consistent approach across the College. Examples of breaches are given in the Appendix. Where possible, Restorative Practice should be used to resolve conflicts without having to resort to formal disciplinary action. Stages There are three stages to the College s Disciplinary Procedures. The Procedures will begin at the stage appropriate to the seriousness of the breach. Copies of all relevant documentation at any stage must be retained on student file. This includes properly recorded investigations. If a student is withdrawn/withdraws from the College during Disciplinary Stage 2 or 3, Corporate Services must be informed and they will record this to ensure that appropriate procedures are followed if the student seeks re-admission. Table of Breaches, Stages and Sanctions Breach Considered at Highest possible sanction Minor Stage 1 Warning Slip Major Stage 2 Written Warning Gross Stage 3 Final Written Warning / Exclusion Page 2 of 13

3 Suspension Minor Breach: Stage 1 A formal hearing is not required. Within a week of the breach, a member of staff issues the student a Warning Slip and places a copy on student file. More than one Warning Slip may be issued without progressing to Stage 2. An Action Plan may be agreed if applicable. Major Breach: Stage 2 Alleged major breaches of the Student Code of Conduct must be dealt with in accordance with Stage 2 Procedures. Within two weeks of the breach, a Stage 2 Disciplinary Hearing with the Director of Learning is arranged. The outcome is decided by the Director of Learning. The highest possible sanction is a Written Warning or a lesser sanction. An Action Plan should normally be agreed. A student may be referred to a Stage 2 Hearing on more than one occasion. Gross Breach: Stage 3 Alleged gross breaches of the Student Code of Conduct must be dealt with in accordance with Stage 3 Procedures. Director of Learning requests Corporate Services to arrange a Panel Hearing with an independent panel. The Hearing should take place within two weeks of the breach. The Panel may decide to exclude the student, issue a Final Written Warning or apply a lesser sanction. An Action Plan must be agreed if the student is not excluded. The Panel may recommend a referral to alternative provision within the College. A student may be referred to a Stage 3 Hearing on more than one occasion. Where there is reason to believe that a student has committed an act of Gross Misconduct he/she may be suspended from the College on the authorisation of a member of the Executive. Suspension should only be used a last resort. Suspension is not designed to be used as a form of disciplinary sanction and an appropriate Stage disciplinary must follow the suspension period within a maximum of two weeks. Suspension is to allow: further investigation; and/or preparation for a disciplinary hearing. During the period of suspension the student may be admitted to College: for meetings/interview; to submit coursework to meet deadlines; and/or to take examinations. Page 3 of 13

4 Cooling off Where an incident requires immediate cooling off, the student who has committed the act of misconduct may be asked to leave the premises or to move to a specific area in the College by a member of staff. The cooling off period may last up to the end of the day. Cooling off on premises should be used where practical and if the student has support needs, he/she should be referred to Learner Services. Cooling off is not designed to be used as a form of a disciplinary sanction and an investigation/appropriate Stage disciplinary must follow the cooling off period. Support for the student The student will be entitled to be accompanied at the Disciplinary Hearing by a friend, a student representative, or a relative, but not by a person active in legal or other professional work, unless the College otherwise agrees, having been given notice before the day of the Hearing. Students may discuss disciplinary charges brought against them with the College s Learner Services team who will provide support as requested. Notification of third parties Normally, if the student is under 18 or a vulnerable adult, copies of disciplinary documentation will be sent to the parents/guardians/carers. If applicable, copies will be sent to the student s sponsoring employer/agent. Appeals There is a right of appeal against suspension and the outcome of Stage 2 and 3 Disciplinary Hearings, details of which are set out in the relevant procedure. Variation Provided that the consent of the student is freely given and properly recorded in writing, a variation in the procedures may be made if circumstances require it.. The overall requirement of fairness overrides what is stated in or omitted from the Policy and Procedures. Last review: November 2013 Next review: November 2015 Impact Assessment: completed Page 4 of 13

5 PROCEDURES PROCEDURES Stage 1 If a member of staff considers that a student has committed a Minor Breach they may issue a Warning Slip, with reasons for the warning recorded on it. The student will be verbally advised by the member of staff that a further breach or failure to improve within a given period of time may result in further disciplinary action. If the student is not known to the member of staff, they will request the student s identity and will note their name and course or programme and ask for the name of the student s Group Tutor. The student should be reminded that refusal to supply this information is a Major Breach of the Code of Conduct. The member of staff issuing the Warning Slip should give a copy of the Slip with details of the breach, signed and dated, to the Personal Tutor/Course Team Leader. The Slip will be placed in the student s record folder by the Personal Tutor/Course Team Leader. A blank Warning Slip is available from the Corporate Services intranet. Stage 2 If a student is considered to have committed a major breach, the Director of Learning must be informed, and the details recorded. Investigation The Director of Learning will nominate a member of staff to investigate the matter by collecting evidence from the staff and/or student(s) concerned and will consider any previous warnings on the student s file. Guidance regarding investigations can be found in Appendix. The evidence will be considered by the Director of Learning, who will decide: whether there has been a breach, and at which Disciplinary Stage the matter is to be dealt with. At this point, the Director of Learning may decide to refer the case to a Stage 3 Disciplinary. Stage 2 Hearing If a Stage 2 is confirmed, the student is invited for a Disciplinary Hearing. The Hearing should take place as soon as possible and normally within two weeks of the incident. The letter (a template is available on Corporate Services intranet) will state: the nature of the conduct complained of and a summary of the evidence for the complaint; the student s entitlement to be accompanied; and confirmation of the time and place of the disciplinary hearing. Page 5 of 13

6 PROCEDURES The Director of Learning will hear the case and decide the outcome. The evidence will normally be presented by the member of staff who conducted the investigation. The student will normally be notified of the decision at the conclusion of the Disciplinary Hearing and written confirmation will be sent within five working days. The letter will give brief reasons for the decision and advise the student of the right of appeal, if appropriate. Stage 2 Appeal The student may appeal against the outcome, by writing to Corporate Services, stating the reasons for the appeal, within five days of receipt of the outcome letter. Within 10 days Head of Corporate Services will: determine whether or not an Appeal Hearing is justified; consult with the relevant Director of Learning as appropriate; and if warranted make arrangements for the student to present oral or written evidence to a different Director of Learning, who will consider and determine whether or not the outcome should stand. The Head of Corporate Services shall notify the student of the decision at the earliest opportunity and confirm it in writing within five days. Stage 3 If a student is considered to have committed a gross breach, the Director of Learning must be informed, and the details recorded. The Director of Learning, to ensure consistency, should consult at an early stage with Corporate Services regarding any investigation and the preparation of evidence. An investigation must be carried out. Guidance regarding investigations can be found in Appendix. Once the Director of Learning has referred the disciplinary case to Stage 3, Corporate Services shall arrange for a Disciplinary Hearing. The notice for the disciplinary hearing will state: confirmation of the time and place of the hearing; the nature of the conduct complained of and a summary of the evidence for the complaint; the student s entitlement to be accompanied (detailed above); whether or not (at the discretion of the Panel Chairperson) witnesses will be called; that, because of the nature of the offence, he/she may be excluded from the College as a result of the hearing. The disciplinary hearing will be heard by a Panel comprising of a Director of Learning other than the Student's (Chairperson), a Curriculum Manager not involved with the Page 6 of 13

7 PROCEDURES case, and an appropriate member of staff from Learner Services. Every effort will be made to secure appropriate gender and ethnic representation on the Panel. A manager from the student s Area of Learning will present the case for the College. Stage 3 Hearing It is particularly important at this stage that procedures are followed closely and consistently, guidance is given in Appendix. To begin the hearing the Chairperson will: introduce the Panel, explain the purpose of the hearing/hearing and the procedure and determine who is presenting the evidence for each side; outline the allegation(s); confirm if witnesses are being called; invite both sides to present oral and written evidence and to ask questions with the College presenting the case against the student first, and the student then invited to respond; have the authority to limit the amount of time used by each of the parties in presenting the case; and be sensitive to cultural, gender and equality issues in so far as they may affect the conduct of the hearing. The manager from the student s Area of Learning will present the case to the Panel. The student will be given the opportunity to state their case, including any mitigating factors. The Panel may question the manager and the student on the case. After hearing the case, the Panel may decide either: that the case was not proved; to issue a Final Written Warning, a formal Written Warning or an Warning Slip; to exclude the student from College for a period of time; or that some other action would be appropriate, such as moving the student to another class or Centre. If the student is allowed to return to College, the Director of Learning should communicate this to relevant staff and ensure that a risk assessment is carried out and an action plan drawn up. If a Final Written Warning is issued, the student should be informed that a further Breach may lead to his/her exclusion without a further Disciplinary Hearing. Within five days of the disciplinary hearing, the student will be sent written notification of the Panel s decision Page 7 of 13

8 PROCEDURES Stage 3 Appeal The student will have the right of appeal to the Deputy Principal against the decision of the Panel. The Deputy Principal may delegate to appropriate member of the Executive. Notice of appeal must be lodged in writing with Corporate Services within five days of receipt of the decision of the Panel and must give the grounds for, and particulars of, the appeal. Grounds for appeal will normally be based on one or more of the following: that the disciplinary procedure was not followed correctly and that this materially affected the decision; that the findings are inconsistent with the evidence considered; that new evidence could materially alter the findings; that the disciplinary sanction is inconsistent; the severity of the disciplinary action. If the Deputy Principal does not consider that there are valid grounds for appeal, the student will be informed of this with the reasons, in writing. This will be done within five days of receiving the appeal. If the Deputy Principal considers that there are valid grounds for appeal against the decision of the Panel, he/she will review the Disciplinary case. If an Appeal Hearing is warranted, it will be convened within ten days. The student will be given at least five days notice of the time and place of the appeal hearing and will be entitled to be accompanied by a friend, student representative or relative, but not by a legal or other professional adviser unless the College otherwise agrees, having been given notice before the day of the hearing. The Appeal Panel will comprise the Deputy Principal, a Director of Learning and a member of staff from Learner Services, all members not having previously been involved in the case in question. Any documents considered at the original Disciplinary Hearing will be available for the purpose of the appeal, together with the notes of that hearing. At the Appeal Hearing, the student will be invited to explain the grounds of the appeal and to state their case. The Director of Learning who chaired the Disciplinary Hearing will be asked to respond to the appeal and explain the reasons for the original recommendation. The Panel may ask questions of the student and the Director of Learning and then consider whether to allow or dismiss the appeal. If the appeal is upheld following the Review or the Appeal Hearing, the Deputy Principal/Appeal Panel may decide that disciplinary action lesser than that recommended by the Disciplinary Panel should be taken or that no further disciplinary action be taken. If the appeal is dismissed, the recommendation of the original Disciplinary Panel will stand. The Deputy Principal/Appeal Panel may not impose any greater sanction against the student than that recommended by the Disciplinary Panel. Page 8 of 13

9 PROCEDURES Following the Review/the Appeal Hearing, the student will be informed of the decision in writing within five days. Complaint to the Funding Body When the student has exhausted the Appeal procedure there is a right to make a complaint to the appropriate Funding Body. A complaint to the Funding Body is not a further stage of appeal. The Funding Body does not hear evidence or seek to substitute its own decision for that of the College. In considering a complaint the Funding Body will undertake an enquiry to consider whether or not the College has followed its procedures. A student who has appealed unsuccessfully is to be informed of the complaints procedure of the Funding Body. Last review: November 2013 Next review: November 2015 Impact Assessment: completed Page 9 of 13

10 APPPENDIX GUIDANCE ON CONDUCTING A DISCIPLINARY HEARING Preparation Prepare carefully, ensure that you have all the facts and find out if there are any special circumstances to be taken into account e.g. language problems, aural or visual impairment. Arrange a time and a quiet place for the Hearing with adequate seating where there will be no interruptions. Arrange for someone to be present to take notes of the proceedings. Inform the student, in writing, of the date of the Hearing and other information as detailed in the Procedures. If there are likely to be language or other difficulties consider whether a friend of the student can assist as an interpreter or in presenting his or her case. Copies of any relevant papers should be given to the student in advance eg, details of the alleged breach, list of previous disciplinary action, witness statements. Go through all the evidence to be presented and make notes of points which need to be covered during the hearing. Consider what explanations may be offered by the student and if possible check them out beforehand. Ensure that all the relevant facts are available such as personal details, disciplinary record and any current rulings, other relevant documents and, where appropriate, written statements from witnesses. Establish what disciplinary action has been taken in similar circumstances in the past with other students. It is helpful to find out if written statements from witnesses are agreed in advance or if they will be challenged, in which case it may be necessary to call the witnesses. Where possible, ensure that any witnesses whose evidence may be contested and who can attend the hearing do so. If a witness is someone outside College who is not prepared to attend the Hearing try and get a written statement from him or her. Examples of suitable evidence: first hand witness statements ( s/handwritten/word processed), which may be anonymous if required photographs, CCTV stills incident reports course progress, attendance and tutor statements Examples of unsuitable evidence: second hand statements statements with inappropriate comments opinions rather than facts unrelated information Page 10 of 13

11 APPPENDIX The Hearing Introduce those present to the student and explain why they are there. Explain how the Hearing will be conducted and determine who is presenting the case for the student and for the College. Explain that the purpose of the Hearing is : to ascertain the facts of this case to consider whether disciplinary action should be taken in accordance with the College Disciplinary Policy. When reading or listening to the evidence please bear in mind the College Code of Conduct and equality issues. Invite the College representative to state precisely what the complaint is and outline the case briefly by going through the evidence which has been gathered. Ensure that the student, and his or her representative, have received the documentation and are aware of witness statements and of the content of any relevant records. Give the student, or his or her representative, the opportunity to ask questions. Invite the student, or his or her representative, to state his or her case, ask questions, present evidence and call witnesses. Listen attentively and be sensitive to silence as this can be a constructive way of encouraging the student to be more forthcoming. Give the College representative the opportunity to ask questions. If it is not practical for witnesses to attend consider adjourning proceedings. However, if it is clear that their evidence will not affect the substance of the complaint, continue the Hearing. Remember that the object of the Hearing is to discover the truth, not to catch people out. Establish whether the student is prepared to accept that he/she has done something wrong then agree the steps which should be taken to remedy the situation, or to determine the disciplinary action to be taken. When both sides have finished presenting their cases and asking questions and any witnesses required have been called, then both sides should leave the room and leave the panel to make its decision. If you feel that the decision can be made fairly quickly, you might wish them to remain nearby and call them back in to hear the decision. Otherwise you should tell them that you will inform them of the decision in writing within five working days. In making the decision and deciding upon the penalty, try and take into account any past Hearings that can be used as comparatives and consider the safety and welfare of other students and of the staff. Advice on this can be sought from the Head of Corporate Services. A copy of all the paperwork should be placed in the student s record folder. Page 11 of 13

12 APPPENDIX DEFINITIONS Disciplinary Hearing: This is a formal procedure. Days: Reference to days means Working Days. Suspension: Following an incident, a student is instructed to leave College premises and to stay away from College temporarily, for up to 2 weeks. Exclusion: Following a Disciplinary Hearing, a student is withdrawn from the College. After a defined period they may re-enrol subject to any provisions made by the Panel. Page 12 of 13

13 APPPENDIX EXAMPLES OF BREACHES This list is not exhaustive. Minor Breach Minor breach of the Student Code of Conduct, lateness, unauthorised absence, disruptive behaviour, unduly noisy or unruly behaviour and smoking in non-smoking areas Major Breach Major breach of the Student Code of Conduct, failure to improve after Warning Slip(s), offensive language or behaviour, refusal to identify themselves, incapability through drugs or alcohol (this could also be a Gross Breach and/or a support issue), acting in an unsafe manner, including failure to comply with Health and Safety Policy and Procedures (this could also be a Gross Breach), harassment, and disruption to the work or recreation of others Gross Breach Gross breach of the Student Code of Conduct, failure to improve after Written Warning(s), theft, forgery, violence, serious threat of violence, dealing in illegal substances, deliberate damage to College property, sending accessing and/or downloading pornographic/offensive material via the internet, any unauthorised interference with software or data belonging to or used by the College, serious bullying, and any criminal activities affecting the College or other students. Page 13 of 13