Student Disciplinary Policy 1
Policy: Student Disciplinary Policy Version: 2.0 Synopsis: Policy Owner: Relevant to: This policy describes the disciplinary procedures followed when students breach Bellerbys College Code of Conduct for Students. The policy outlines Bellerbys College position on physical intervention and searches of students, their personal belongings and accommodation UK Director of Student Services All students and staff Date introduced: April 2014 Next review date: October 2016 Related Study Group Documents: Date(s) modified/reviewed: Child Protection Policy Anti-Bullying Policy Bellerbys College Code of Conduct for Students Promoting Positive Behaviour Policy Promoting British Values Bellerbys Student Handbook Residential Student Handbooks E-Safety Policy Physical Restraint Policy Attendance Policy Assessment Policy and Procedures Bellerbys College Management of Student Progress Policy and Procedures Bellerbys College Teaching and Learning Policy May 2014 June 2014 October 2014 November 2014 September 2015 (Andrew Williams) updated references to documents 30 th October 2015 (Sandy Connors) Reviewed against current legislation. Reformatted. Process flow chart added. 2
Contents The list of contents below can be used to navigate this document. 1. Purpose 2. Scope 3. Policy Aims 4. Expectations of student behaviour 5. Rewarding positive behaviour 6. Staff responsibilities 6.1. College based misconduct 6.2. Residence based misconduct 6.3. Misconduct in homestay accommodation 7. The disciplinary process 7.1. Reporting misconduct 7.2. Recording Misconduct 7.3. Referral to Welfare Officer 7.4. Investigation 7.5. Searches 7.6. Use of dogs for drug detection 8. Disciplinary Action 8.1. Stage 1: Verbal Warning 8.2. Stage 2: Written Warning 8.3. Stage 3: Case conference 8.4. Stage 4: Disciplinary Hearing 9. Use of sanctions 10. Physical intervention to manage behaviour 11. Complaints and appeals Appendix 1: Disciplinary Process flowchart 3
1. Purpose This policy and its associated procedures support Bellerbys College statutory duty to safeguard and promote the welfare of children and give due regard to Statutory Guidance for Schools and Colleges on Safeguarding Children and Safer Recruitment in Education, Department for Education: Keeping Children Safe in Education 2015. This policy and its associated procedures are pursuant to The Education (Independent School Standards) (England) Regulations 2010, Education and Inspections Act 2006, and the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 and is guided by Behaviour and discipline in schools: Advice for head teachers and school staff, Feb 2014 and the Equality Act 2010. Bellerbys College is a caring learning community where positive behaviour as detailed within the Promoting Positive Behaviour Policy is expected from all students and is actively encouraged and acknowledged by staff. When students behave in a positive way, and cooperate with one another and with staff, a happier, more cohesive and more productive college community results. All students are expected to abide by the Code of Conduct for Students and those who not are subject to disciplinary processes. Please note that issues relating to academic impropriety and student attendance at college are managed by separate policies and procedures. Please refer to Assessment Policy and Attendance Policy for further information. For instances of cyber-bullying, the E-Safety Policy should be used in conjunction with this policy. 2. Scope This policy applies to all staff that initiate or undertake disciplinary action as a result of a student s failure to comply with the Code of Conduct for Students. This policy also applies to all students who are subject to disciplinary action as a result of failing to comply with the Code of Conduct for Students. 3. Policy aims The aims of this policy and its associated procedures are to: Encourage positive student behaviour in all aspects of life at Bellerbys College Define Bellerbys College approach to and procedures for managing student misconduct Ensure student misconduct is identified and managed consistently and fairly Enable students to state their case in response to any allegation of behavioural misconduct Ensure students and staff are aware of the protocols for investigating possible cases of behavioural misconduct and for dealing with aggressive behaviour Ensure accurate recording and reporting of disciplinary matters. 4. Expectation of student behaviour Please refer to the Code of Conduct for Students which sets out overarching rules and expectations of student behaviour. In addition, individual colleges have their own site-specific rules and procedures that 4
must be followed. These will be outlined as part of the college induction. College residences and homestay providers may also have specific additional rules or expectations for students. Breaking these rules is deemed misconduct and subject to disciplinary action. The level of disciplinary action will depend on the type and severity of the rule being broken. 5. Rewarding positive behaviour Please refer to the Promoting Positive Behaviour Policy. 6. Staff responsibilities All staff must address inappropriate behaviour or rule breaking that they have witnessed. For minor offences this could be a reminder to the student that a rule has been broken or behaviour is inappropriate. However more serious cases should be reported to the student s Personal Tutor. 6.1. College based misconduct The Personal Tutor manages any case of college based misconduct. Depending on the incident, this may involve a referral to the Welfare Officer (or person with responsibility for welfare) or the involvement of other staff members if an investigation is necessary. The Personal Tutor must escalate the following to a more senior member of staff: Early stage procedures have not adequately resolved the matter Ongoing history of repeated misconduct Serious misconduct where early stage procedures are inappropriate 6.2. Misconduct in residences The Residential Manager or House parent will manage all instances of misconduct occurring within residence accommodation. Depending on the incident this may involve a referral to the Welfare Officer (or person with responsibility for welfare). The Residential manager must escalate the following to the Director of Students Services: Repeated incidents of the same offence that have not been resolved through local intervention Ongoing history of repeated misconduct (different offences) Serious misconduct where early stage procedures are inappropriate 6.3. Misconduct in homestay accommodation In the event that misconduct occurs within homestay accommodation, then the Accommodation Manager or Welfare Officer (or person with responsibility for welfare) must be contacted in the first instance. These incidents will be escalated as per the previous section. 7. The Disciplinary Process 6.1 Reporting misconduct Staff identifying misconduct should reported using the locally identified method e.g. Misconduct Record or via email. 5
6.2 Recording misconduct All cases of misconduct should be recorded according to local procedure e.g. Misconduct Record or Study Global. Misconduct case files and notes will be available in students records. If other members of staff have concerns about a student s conduct or behaviour, they are encouraged to check the student s record and discuss their concerns with the student s Personal Tutor. 6.3 Referral to Welfare Officer Any incident identified as requiring safeguarding intervention should be referred to the Welfare Office (or person with responsibility for welfare) or Designated Safeguarding Lead as per the Child Protection Policy. In the event that a student with special needs or a disability has committed a misconduct offence, then the Welfare Officer (or person with responsibility for welfare) will support the student throughout all of the disciplinary processes. 6.4 Investigation In cases of suspected misconduct, investigation to provide substantiating evidence will be conducted. The investigation will be initiated by the member of staff managing the case e.g. Personal Tutor or Residential Manager and carried out by a member of college staff not involved in the incident or by external third parties, if appropriate. 6.5 Searches The college regards students privacy to be of paramount importance. However, in circumstances of suspected misconduct, the need may arise to search a student s accommodation and/or their personal belongings (for example where possession of drugs, alcohol or a weapon is suspected). Searches can be conducted without student consent. When undertaking searches, the following procedures will be rigorously followed: Give the student the opportunity to be present during the search, where relevant and appropriate however this is not compulsory. Ensure body searches are carried out in a place that protects the student s privacy and dignity and in the presence of an impartial witness. Ideally the person conducting the search and the witness should be of the same gender as the student. A full record of items confiscated as a result of a search should be maintained including details of person/s conducting the search. 6.6 Use of dogs for drug detection Drug detection dogs may be used by the college to search for the presence of illegal substances on college premises as a monitoring tool or in response to a suspected case of misconduct. 8. Disciplinary Action This section should be used in conjunction with the flowchart in Appendix 1. Please refer to local disciplinary procedures and the disciplinary guidance document for further information. 6
If disciplinary action is deemed necessary as a result of investigation then a decision is made as to the type of disciplinary action that should be taken. For minor misconduct offences this may be a verbal warning however more serious cases may be escalated to written warning or possible expulsion. The following table specifies the stages which must be adopted for specific misconduct levels to ensure fairness and consistency. Type of misconduct* Initial procedure Subsequent actions Isolated case of minor May be managed informally with Monitor for further issues misconduct student at the time of the misconduct 1 st case of misconduct Stage 1 Move through stages 2-4 if unresolved 2 nd case of misconduct Stage 2 Move through stages 3-4 if unresolved 3 rd case of misconduct Stage 3 Move to stage 4 if unresolved 4th case of misconduct Stage 4 Suspension/dismissal 1st case of serious misconduct 2nd case of serious misconduct 1 st case of gross misconduct Stage 2/3 (dependent on seriousness of misconduct) Stage 4 Stage 4 Move through stages 3-4/stage 4 if unresolved Suspension/dismissal if substantiated Suspension/dismissal if substantiated 8.1. Stage 1: Verbal warning Verbal warning is issued by the Personal Tutor for minor academic misconduct or incidents that occur on school grounds. The Residence Manager (or boarding equivalent) is responsible for issuing verbal warnings for minor offences that occur as a result of rule breaking in student accommodation. Verbal warnings should be recorded according to local procedure e.g. Misconduct form or Study Global, and the parents and/or agent should be informed. 8.2. Stage 2: Written warning In the event that an incidence of misconduct is repeated, then a written warning should be issued. For low level academic misconduct or incidents that occur on the school premises then this can be done by the Personal Tutor. In the event that the incident is more serious, this must be escalated to the Programme Manager. For repeated episodes of misconduct in student residence, or for instances where the misconduct is of a more serious nature, then this must be escalated to the Director of Student Services. Written warnings should be recorded according to local procedure e.g. Misconduct form or Study Global, and the parents and/or agent should be informed. 7
8.3. Stage 3: Case Conference In the event that any misconduct is considered serious or if it a 3 rd occurrence of the same incident, then stage 3 disciplinary proceedings should be initiated with a case conference arranged with the student where they have an opportunity to explain themselves. This should be led by the Programme Manager and involve information supplied from relevant members of staff i.e. Welfare Officer, Personal Tutor or residential staff. The outcome of the case conference with the student should result in an agreed way forward which may or may not include a written warning (First or second). In the event that the case conference identifies a more serious misconduct concern then this can be escalated directly to stage 4. The outcome of the case conference should be recorded according to local procedure e.g. Misconduct form or Study Global, and the parents and/or agent should be informed. 8.4. Stage 4: Disciplinary Hearing When misconduct has been deemed as serious, or in the event that all other stages have failed to resolve the issue of poor behaviour, then this should be referred to the Principal for a disciplinary hearing. The Principal will review the disciplinary action taken to date and make one or more of the following recommendations: Request further investigation into the case Report the student s activities to the police Exclude the student from some/all activities with immediate effect Conduct a disciplinary hearing The outcome of any disciplinary hearing could result in a final written warning, temporary exclusion, permanent exclusion or another sanction decided locally. The outcome of the stage 4 action should be recorded according to local procedure e.g. Misconduct form or Study Global, and the parents and/or agent should be informed. 9. Use of sanctions At any stage of the disciplinary process, sanctions may be imposed on students, where appropriate, to directly or indirectly bring about a change in conduct. If a sanction is imposed, the student must be made aware of the conditions and duration of the sanction. All details relating to sanctions should be recorded as per local procedure e.g. Misconduct Record or Study Global. The type of sanction imposed is depended on local requirements however it most not demeans, humiliate or involve corporal punishment. 8
10. Physical intervention to manage behaviour In the event that a student s behaviour poses a risk to property and/or to the safety and welfare of the student and/or others, the immediate area will be evacuated and the attendance of college security arranged. Under no circumstances should college staff (other than security) attempt to intervene or physically restrain a student. Please refer to Bellerbys College Physical Restraint Policy for further information. 11. Complaints and appeals If a student wishes to make a complaint about a disciplinary sanction or procedure, or appeal the outcome of a disciplinary hearing, please refer them to Bellerbys College Complaints Policy and Procedures for Students and Parents for further information. 9
SANCTIONS can be applied at any Appendix 1: Disciplinary Process flowchart One Verbal Warning: Personal Tutor or Residential staff Two Written Warning: Programme Manager or Director of Student Services Three Case Conference: Programme Manager with Welfare/Residential/teaching staff Four Disciplinary hearing: Principal Minor misconduct to be addressed at stage one includes: Breaking of residential rules Attendance and punctuality concerns Failure to attend all scheduled parts of the programme Disrespectful, rude or discourteous behaviour, attire, language or gestures Outcomes from Stage 1: Behavior corrected No further action Behaviour continues Escalate to stage 2. Serious misconduct which should be referred to the DSS/AD for a stage two process includes: Safeguarding issues Health & Safety issues Bullying or Harassment Discrimination Antisocial behaviour in accommodation Plagiarism Cheating Antisocial behaviour in class/college Sustained attendance and punctuality issues Outcomes from Stage 2: Behaviour corrected No further action. Behaviour continues Escalate to stage 3. Serious concerns Escalated directly to stage 4 When a Case Conference should be called as a stage three process: Student has the opportunity to states their case An action plan will always be agreed and monitored by PM Contract may be drawn up/warning may be issued Outcomes of Stage 3: Behaviour corrected no further action Warnings/Contract issues Serious concerns - Escalated to stage 4 Gross misconduct which should be referred to the Principal for a stage four process includes: Threatening or violent behavior Possession of drugs Possession of an offensive weapon Theft, vandalism or any other criminal behavior Behaviour that brings the College into disrepute Outcomes of Stage 4: Behaviour corrected no further action Temp or perm exclusion Removal of accommodation or access to College activity or facilities Warnings and/or Sanction Records must be kept on Sanctions Database & Study Global. Parents/Agents may be informed. 10