The College of West Anglia

The College of West Anglia Student Disciplinary Code September 2012 1. PURPOSE AND PRINCIPLES 1.1 The College of West Anglia exists to provide high quality education and training for all its Students. When signing their enrolment forms, Students agree to abide with the College Charter and Policies, and accept that their offer of a place on a course is subject to achieving a probationary period. The Student Handbook and the College Charter set out what Students can expect from the College as well as the College s expectations of its Students. The documents make it clear that all Students are expected to behave in an adult and responsible way so that everyone can study effectively and learn in a purposeful manner. 1.2 The processes associated with the Student Disciplinary Code will be open and transparent. At the same time it provides a framework that enables the College to discharge its duty of care obligations. 1.3 The Student Disciplinary Code sets out the Code of Behaviour for Students, which Students are expected to adhere to in return for being admitted to the College and being provided with educational and other services and facilities. The Student Disciplinary Code applies to behaviour of Students and to matters relating to misconduct. It sets out the procedures that should be followed where the Code of Behaviour for Students is breached. The Student Disciplinary Code applies to all Students of the College, whether they study full time or part time, on site or off site, and at all times during the year, whether or not during College terms. The Student Disciplinary Code addresses behaviour both within the classroom and outside of it. 1.4 Breach of the Code of Behaviour for Students may lead to disciplinary action being taken against a Student. Repeated breaches, or a single very serious breach, may result in a Student being suspended and subsequently excluded from the College. It is not intended that formal procedures should be implemented where relatively minor problems are best settled by a private word with the individual(s) concerned. If a Student is involved in bullying, then Staff and Students might find the College s Anti-Bullying Policy and procedures useful to be used in conjunction with the Student Disciplinary Code. 1.5 Written records are to be maintained at each stage of the proceedings. Where Student Record File is mentioned, this refers to the Student s main file which is held centrally by the relevant Faculty Administrator. Page 1 of 16

1.6 Where a Student is aged less than eighteen years, copies of all correspondence originating from the College will be sent to Parents/Guardians. 1.7 Where a Student is studying at the College via a training provider or employer, copies of all correspondence originating from the College will be sent to the Sponsoring Agent/Employer. 1.8 For 14-16, processes will be varied in accordance with the protocol of each partnership group. Advice should be sought from the 14-16 team. 1.9 Copies of all applicable correspondence will also be sent to Student Services. 1.10 Where Record of Meeting with Student (LNG04-05) form is stated, a relevant Learn tutorial session record printout will also be acceptable evidence. 2. STUDENTS RESPONSIBILITIES AND OBLIGATIONS WHAT DOES THE COLLEGE OF WEST ANGLIA EXPECT OF ITS STUDENTS? High Standards that result in the College vision of changing lives through learning. 2.1 Code of Behaviour for Students, by Students 2.1.1 Through the class representative system and tutorials, Student ideas have been incorporated in the Code of Behaviour for Students. The Code applies to all aspects of College life including College transport and off-site activities: 2.1.2 give everyone a fair chance listen to and respect everyone Staff and Students treat people how you would like to be treated report bad behaviour theft, violence, people with weapons, people speeding and health and safety issues take your place on the course seriously and allow others to as well set yourself targets put your opinion and views across without offending others arrive to lessons on time don t damage property treat it as if it were yours be polite and mature don t take alcohol or drugs treat everyone the same whatever their physical and academic abilities, race, religion, background, sexuality, marital status and political views include everyone don t single people out do not bully (including cyber bullying) or intimidate people wear the correct safety clothing and uniforms for your course aim to do your best take your place on the course seriously respect the tutor / teacher ask when you don t understand the work or need help hand in work on time and talk to the tutor if there is a reason it will be late 2.1.3 The purpose of the Code of Behaviour for Students is to assure the learning and safety of all Students. Page 2 of 16

2.1.4 Consequently, in addition to the Student ideas above, the following Codes of Behaviour are enforced by the College: 2.1.5 dress appropriately on College sites, trips and transport. The College policy on appropriate dress means: health and safety clothing equipment worn as per risk assessments; ID cards and lanyards to be worn visibly around the neck in College except where risk assessment allows their removal (e.g. dangerous machines); no hoodies worn up or head wear to be worn except for religious or verified health reasons, around the College sites, on College transport or in class; shirts to be worn in hot weather; no revealing and overtly sexual dress; no discriminatory/other inappropriate or offensive slogans on T-shirts or other clothing. turn off mobile phones or MP3 players in class no smoking (except in designated area) comply with the College Charter and all College Policies 2.1.6 If you breach the Code, then it is normal for Staff to talk to you about it. If there is no improvement, an informal warning and then formal warnings may be used. If there is still no improvement, you will be asked to leave. For serious breaches e.g. violence, offensive weapons, threatening behaviour, bullying, drug dealing, theft etc., you will be suspended and will be required to leave. 2.2 Responsibility for Student Discipline 2.2.1 During teaching and learning sessions, the teacher has immediate authority for Student discipline. 2.2.2 All College Staff have immediate authority to take action to maintain discipline in the common areas of the College, including corridors, refectories and buses. 2.2.3 Any member of Staff observing a Student behaving in a manner that could lead to a breach of the College Charter and Policies should warn the Student that his/her behaviour is inappropriate. 2.2.4 It is the responsibility of each individual Student to familiarise themselves with the College Charter and Policies and to comply with them. 2.2.5 Disciplinary action may be taken against a Student for non-compliance with the College Charter and Policies, or for any other behaviour which the College considers to be harmful, offensive, unsafe or otherwise inappropriate. 2.2.6 Students eligible for a Bursary should be aware that this can be withheld if they are issued with any formal warnings or suspended. 2.3 Misconduct 2.3.1 Breaches of discipline may be minor, major or gross. Examples of each type of breach are given below for guidance. 2.3.2 Minor breach : Any breach of the Code of Behaviour for Students or College Charter and Policies, including: lateness; unauthorised absence; disruptive behaviour; unduly noisy or unruly behaviour; smoking in non-smoking areas; blocking corridors, stairs and entrances; failure to complete work set without satisfactory explanations; wasting resources; eating and drinking in class; using Page 3 of 16

mobile phones or music in class; not wearing ID cards and lanyards; inappropriate dress (see paragraph 2.15); irresponsible parking. 2.3.3 Major breach : Persistence of a minor breach; offensive language or behaviour; bullying (including cyber bullying); refusal to identify themselves; acting in an unsafe manner, including failure to comply with Health and Safety Policy; disruption to the work or recreation of others; plagiarism or copying the work of other Students. 2.3.4 Gross breach : Theft; violence; serious threat of violence, including threats made via e-mails, mobile phone and text messages; assault; deliberate damage to any property; possession and/or use of illegal substances/alcohol; carrying an offensive weapon; sending, accessing and/or downloading pornographic/offensive material via the internet; any other breach of the College policy on the acceptable use of information technology; persistent bullying (including cyber bullying); insubordination; harassment; breach of the College s Equality and Diversity Policy; any criminal activities which affect the College or other Students or which could bring the College into disrepute, including fraudulent Bursary claims and serious breaches of Health and Safety Policy. 2.3.5 Lists are not exhaustive and professional judgements will need to be made about the severity of each breach of the College Charter and Policies. For guidance on grading of misconduct not listed above, Staff should consult the relevant Head of Faculty or Executive Director, Partnerships and Estates. 2.3.6 In the event of multiple Students being involved in an incident, any Students who can be categorically eliminated of any misconduct will not be subject to disciplinary proceedings. For example, if two Students have been fighting: if, after a quick investigation, it is clear that there is a victim who did not start the fight or retaliate, that Student will not be suspended. However, if it is not clear who started the fight, both Students will be suspended whilst an investigation takes place. 2.3.7 It should be noted that the College can take action on the basis of probability that Students have been involved. The College is not a court of law and does not have to comply to beyond reasonable doubt. 3. STAGES AND PROCEDURES 3.1 The Student Disciplinary Code comprises four stages. The stages are described below. Stage Deals with Operational / Effective Probationary Stage Minor Misconduct Enrolment to Directed Planning Day 03/09/2012 08/10/2012 Stage 1 Minor Misconduct After Directed Planning Day 09/10/2012 onwards Stage 2 Major and Gross Misconduct Always Stage 3 Appeals Always 3.2 All reasonable effort will be made to avoid the use of formal disciplinary action where problems can be resolved through the use of the informal procedure, i.e. Stage 1. However, if Stage 1 is unsuccessful in resolving a problem, Stage 2 will be invoked. Items considered being a major or gross breach will be dealt with immediately under Page 4 of 16

Stage 2 at all times. Judgements will need to be made about the stages. The appeals procedure (Stage 3) provides for the right to appeal against withdrawal (Probationary Stage), exclusion (Stage 2) and referral (Stage 2). 3.3 Probationary Stage 3.3.1 Students are enrolled on a probationary basis - the Probationary Stage consists of pastoral support from enrolment to Directed Planning Day (for the 2012/13 academic year, 3 September 2012 to 8 October 2012). This stage addresses minor breaches of the rules such as occasional lateness or absenteeism, disruptive behaviour, not wearing ID cards and lanyards or other minor breaches of the College Charter and Policies. The stage involves support from the Course Director and Programme Manager. The outcome of this stage could be transferring the Student to a more appropriate programme or withdrawing the Student altogether. 3.3.2 Where a Student is aged less than eighteen years, the Course Director will ensure the Parent/Guardian is kept notified by telephone and ask the Faculty Administrator to send the Parent/Guardian copies of all Record of Meeting with Student (LNG04-05) forms. 3.4 Stage 1: Informal Stage 3.4.1 This stage consists of pastoral support after Directed Planning Day (for the 2012/13 academic year, 9 October 2012 onwards). This stage addresses minor breaches of the rules such as occasional lateness or absenteeism, disruptive behaviour, not wearing ID cards and lanyards or other minor breaches of the College Charter and Policies. The stage involves support from the Course Director and Programme Manager. The outcome of this stage could be a formal warning or progression to Stage 2 of the Student Disciplinary Code. 3.4.2 Student holidays during term time should be discouraged. Course Directors should ask their Faculty Administrator to send the holiday template letter to Students when they become aware of booked holidays. Copies of all letters should go to Parents/Guardians and Sponsoring Agents/Employers where applicable. 3.4.3 In the case of complete non-attendance for at least one timetabled week, regardless of whether the Student has made contact with the College, Course Directors should ask their Faculty Administrator to commence sending non-attendance letters. This should be initiated before the non-attendance reaches two timetabled weeks. It may also be appropriate to try contacting the Student by telephone. Copies of all letters should go to Parents/Guardians and Sponsoring Agents/Employers where applicable. 3.4.4 In the event of sickness, Students can self-certify their absence for a maximum of five working days. After this time Students must provide the College with a fit note (formerly sick note ) from their GP. Students who do provide the College with a fit note will be immune to non-attendance letters for the duration of the fit note. However, Students who do not provide the College with a fit note will be sent non-attendance letters as standard. 3.4.5 Sporadic attendance should be dealt with via informal and formal warnings. 3.5 Stage 2: Formal Stage 3.5.1 This stage addresses continued misconduct following formal warnings and significant support under Stage 1, or major or gross breaches of the College Charter Page 5 of 16

and Policies. Stage 2 involves a Disciplinary Hearing with a Head of Faculty and/or Programme Manager and may result in a final written warning or exclusion. Students eligible for a Bursary should be aware that this can be withheld if they are suspended. 3.6 Stage 3: Appeals Stage 3.6.1 There is an appeals procedure for permanent exclusion (Stage 2), referral (Stage 2) or withdrawal (Probationary Stage), which may result in an Appeal Hearing with the Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team). 3.7 Procedures - Further Guidance Probationary Stage Operational: 3 September 2012-8 October 2012 3.7.1 By signing their enrolment forms, Students are agreeing to be enrolled on a probationary basis, from their start date to Directed Planning Day, 8 October 2012. 3.7.2 If a member of Staff, who is not known to the Student, considers that a Student has committed a minor breach of conduct (e.g. disruptive behaviour), they may issue a verbal warning. The member of Staff will request the Student s identity and will note their name, course and name of their teacher/course Director. The Student will be verbally advised by the member of Staff that he/she has been issued with a verbal warning and the reasons for the warning. The member of Staff should record the verbal warning on a Record of Meeting with Student (LNG04-05) form, ticking the Cause for Concern box, and giving details of the breach. The member of Staff should then sign and date the Record of Meeting with Student (LNG04-05) form, and issue one copy to the Student and send a further copy to the Course Director. The Course Director should ask the Faculty Administrator to file a copy of the warning in the Student Record File. 3.7.3 When a Student is demonstrating continued misconduct and therefore not meeting the expectations of the College Charter and Policies (e.g. noticeable changes in behaviour, poor motivation, less than 95% attendance, less than 95% punctuality, negative attitude, work not completed to appropriate level or by deadlines), and pastoral support and reasonable adjustments have not affected any change in behaviour, the teacher should refer this to the Course Director on a Record of Meeting with Student (LNG04-05) form, ticking the Cause for Concern box. 3.7.4 The Course Director will ensure that the Student has appropriate access to support for any issue that is affecting the Student s ability to study effectively. 3.7.5 If a Student needs reasonable adjustment for a condition that might have disciplinary consequences, the College is obliged to make reasonable adjustments under the Equality Act before progressing to Stage 2 of the Student Disciplinary Code. For example: visual/perceptual problems/unstable print may cause Students to not focus in theory appropriate reasonable adjustment could be: using different colour overlays; using different typefaces; producing work on coloured paper; using plain card to track words; windows in cards. Another example of reasonable adjustment might be behaviour strategies, e.g. asking the Student to leave the class for cooling off periods. Page 6 of 16

3.7.6 For other reasonable adjustment strategies, guidance is available from the Access for All handbook, the College s Additional Support Coordinator and the College s Centre for Foundation Studies department. If in doubt, seek advice immediately. 3.7.7 Reasonable adjustment may include deviations to template letters. All deviations must be agreed by the relevant Head of Faculty and recorded on the relevant administrative disciplinary tracking system. 3.7.8 The Course Director will meet with the Student to formally discuss any Cause for Concerns and this should be recorded on a Record of Meeting with Student (LNG04-05) form, ticking the Disciplinary box. Where a Student is aged less than eighteen years, the Course Director will notify the Parent/Guardian by telephone and ask the Faculty Administrator to send the Parent/Guardian copies of all Record of Meeting with Student (LNG04-05) forms. Copies of Record of Meeting with Student (LNG04-05) forms will be sent with a template letter informing the Parent/Guardian that they may request a meeting if desired. Where appropriate, Sponsoring Agents/Employers will be kept notified. 3.7.9 The Course Director or Programme Manager may invite the Parent/Guardian for meetings as appropriate, but this is not compulsory if the Parent/Guardian has been notified by telephone and received copies of all Record of Meeting with Student (LNG04-05) forms. 3.7.10 All disciplinary conversations between Staff and Students must be recorded on Record of Meeting with Student (LNG04-05) forms. Evidence may be required at a later stage (e.g. Appeal Hearing) and therefore undocumented verbal warnings will not be sufficient. 3.7.11 On Directed Planning Day, Staff will meet to discuss Students progress and the outcome will be that the Student will be either: i) allowed to stay on their current programme ii) allowed to stay on their current programme with additional support / target intervention iii) transfer to a more appropriate course iv) withdrawn from all programmes v) extension of Probationary Stage, at discretion of Head of Faculty 3.7.12 In making this decision, Staff should consider progress difficulty and disciplinary records. If a Student has multiple Disciplinary issues in any of the areas below, he/she might not be allowed to stay on their current programme: 95% attendance good timekeeping positive attitude work completed to appropriate level and by deadlines 3.7.13 If Students are accepted on their programme on the condition of attending additional support, they must attend this additional support or will be withdrawn. 3.7.14 If the decision is for withdrawal, the Student will be referred to Student Services and given details in writing of the right to appeal. Page 7 of 16

Informal Procedure Stage 1: Pastoral Support, Written Warnings Operational: 9 October 2012 onwards 3.7.15 If a member of Staff, who is not known to the Student, considers that a Student has committed a minor breach of conduct (e.g. disruptive behaviour), they may issue a verbal warning. The member of Staff will request the Student s identity and will note their name, course and name of their teacher/course Director. The Student will be verbally advised by the member of Staff that he/she has been issued with a verbal warning and the reasons for the warning. The member of Staff should record the verbal warning on a Record of Meeting with Student (LNG04-05) form, ticking the Cause for Concern box, and giving details of the breach. The member of Staff should then sign and date the Record of Meeting with Student (LNG04-05) form, and issue one copy to the Student and send a further copy to the Course Director. The Course Director should ask the Faculty Administrator to file a copy of the warning in the Student Record File. 3.7.16 When a Student is demonstrating continued misconduct and therefore not meeting the expectations of the College Charter and Policies (e.g. noticeable changes in behaviour, poor motivation, more than 5% lateness, more than 5% absence, work not completed on time), and pastoral support and reasonable adjustments have not affected any change in behaviour, the teacher should refer this to the Course Director on a Record of Meeting with Student (LNG04-05) form, ticking the Cause for Concern box. 3.7.17 The Course Director will ensure that the Student has appropriate access to support for any issue that is affecting the Student s ability to study effectively. The decision to progress disciplinary proceedings to Stage 2 should only be made after reasonable adjustments under the Equality Act 2010 have been made. 3.7.18 If a Student needs reasonable adjustment for a condition that might have disciplinary consequences, the College is obliged to make reasonable adjustments. For example: visual/perceptual problems/unstable print may cause Students to not focus in theory appropriate reasonable adjustment could be: using different colour overlays; using different typefaces; producing work on coloured paper; using plain card to track words; windows in cards. Another example of reasonable adjustment might be behaviour strategies, e.g. asking the Student to leave the class for cooling off periods. 3.7.19 For other reasonable adjustment strategies, guidance is available from the Access for All handbook, the College s Additional Support Coordinator and the College s Centre for Foundation Studies department. If in doubt, seek advice immediately. 3.7.20 Reasonable adjustment may include deviations to template letters. All deviations must be agreed by the relevant Head of Faculty and recorded on the relevant administrative disciplinary tracking system. 3.7.21 If a Student demonstrates continued misconduct after multiple Cause for Concern forms and support from the Course Director, the Course Director will complete a Record of Meeting with Student (LNG04-05) form, ticking the Informal Warning box. The informal warning denotes that any further misconduct from the Student will invoke formal Stage 1 disciplinary proceedings. Page 8 of 16

3.7.22 For Students under eighteen years old: the Course Director should notify the Parent/Guardian of the informal warning via telephone (this conversation should be recorded on the Record of Meeting with Student (LNG04-05) form). The Course Director should also ask the Faculty Administrator to send the Parent/Guardian a copy of the informal warning with a template letter offering them the opportunity to make contact to arrange a meeting. 3.7.23 For Students on Work Based Learning programmes: the Course Director should inform the Work Based Learning department who should then notify the Sponsoring Agents/Employers of the informal warning via telephone. The Work Based Learning department should also send the Sponsoring Agents/Employers a copy of the informal warning. 3.7.24 After one week, the Course Director will meet with the Student to review the informal warning. If there has been no further misconduct since the informal warning was issued, no further action will be taken. (See paragraph 3.7.36.) This review should be recorded on a Record of Meeting with Student (LNG04-05) form. 3.7.25 If there has been further misconduct since the informal warning was issued, formal Stage 1 disciplinary proceedings can commence. The Course Director should collect a Form A First Formal Warning (STU06-02) form from the Faculty Administrator. The Course Director should meet with the Student to issue the Form A First Formal Warning form, explain the reasons why it has been issued, the level of behaviour expected and the consequences of further misconduct. 3.7.26 For Students under eighteen years old: the Course Director should notify the Parent/Guardian of the Form A First Formal Warning via telephone (this conversation should be recorded on the Form A First Formal Warning (STU06-02) form). The Course Director should also ask the Faculty Administrator to send the Parent/Guardian a copy of the Form A First Formal Warning with a template letter offering them the opportunity to make contact to arrange a meeting. 3.7.27 For Students on Work Based Learning programmes: the Course Director should inform the Work Based Learning department who should then notify the Sponsoring Agents/Employers of the Form A First Formal Warning via telephone. The Work Based Learning department should also send the Sponsoring Agents/Employers a copy of the Form A First Formal Warning. 3.7.28 After one week, the Course Director will meet with the Student to review the Form A First Formal Warning. If there has been no further misconduct since the Form A First Formal Warning was issued, no further action will be taken. (See paragraph 3.7.36.) This review should be recorded on a Record of Meeting with Student (LNG04-05) form. 3.7.29 If there has been further misconduct since the Form A First Formal Warning was issued, formal Stage 1 disciplinary proceedings can continue and the Course Director should refer the case to the Programme Manager. The Programme Manager should collect a Form B Second Formal Warning (STU06-03) form from the Faculty Administrator. The Programme Manager and Course Director should meet with the Student to issue the Form B Second Formal Warning form, explain the reasons why it has been issued, the level of behaviour expected and the consequences of further misconduct. Page 9 of 16

3.7.30 For Students under eighteen years old: the Programme Manager / Course Director should notify the Parent/Guardian of the Form B Second Formal Warning via telephone (this conversation should be recorded on the Form B Second Formal Warning (STU06-03) form). The Programme Manager / Course Director should also ask the Faculty Administrator to send the Parent/Guardian a copy of the Form B Second Formal Warning with a template letter offering them the opportunity to make contact to arrange a meeting. 3.7.31 For Students on Work Based Learning programmes: the Programme Manager / Course Director should inform the Work Based Learning department who should then notify the Sponsoring Agents/Employers of the Form B Second Formal Warning via telephone. The Work Based Learning department should also send the Sponsoring Agents/Employers a copy of the Form B Second Formal Warning. 3.7.32 After one week, the Programme Manager and Course Director will meet with the Student to review the Form B Second Formal Warning. If there has been no further misconduct since the Form B Second Formal Warning was issued, no further action will be taken. (See paragraph 3.7.36.) This review should be recorded on a Record of Meeting with Student (LNG04-05) form. 3.7.33 If there has been further misconduct since the Form B Second Formal Warning was issued, formal Stage 1 disciplinary proceedings will culminate. The Programme Manager should collect a Form C Suspension (STU06-04) form from the Faculty Administrator. The Programme Manager and Course Director should meet with the Student to issue the Form C Suspension form, explain the reasons why it has been issued and suspend the Student. 3.7.34 For Students under eighteen years old: the Course Director should notify the Parent/Guardian of the Form C Suspension via telephone (this conversation should be recorded on the Form C Suspension (STU06-04) form). The Programme Manager / Course Director should also ask the Faculty Administrator to send the Parent/Guardian a copy of the Form C Suspension with a template letter. 3.7.35 For Students on Work Based Learning programmes: the Programme Manager / Course Director should inform the Work Based Learning department who should then notify the Sponsoring Agents/Employers of the Form C Suspension via telephone. The Work Based Learning department should also send the Sponsoring Agents/Employers a copy of the Form C Suspension. 3.7.36 If, when a Student on a warning is reviewed by the Course Director, there has been no further misconduct and therefore no further action is taken, the warnings each remain active for a maximum period of twelve weeks. This means that, should the Student s behaviour deteriorate again within twelve weeks of being issued with a warning, the Stage 1 procedure can resume from the point at which it paused. This twelve week period refers to term-time only and will be carried forward to following academic years where applicable. 3.7.37 If a Student refuses to sign to agree to the conditions of a warning, this would constitute major misconduct (insubordination) and the Student will be suspended immediately under Stage 2 procedures. 3.7.38 Students eligible for a Bursary should be aware that this can be withheld if they are issued with any formal warnings. Page 10 of 16

3.7.39 It may be appropriate to refer the Student to a Student Advisor, or Connexions (via a Student Advisor), for additional support. If Stage 1 is unsuccessful in changing the Student s behaviour, and disciplinary proceedings progress to Stage 2, the Programme Manager / Course Director should refer the Student to a Student Advisor, if appropriate. 3.7.40 Within the informal stage, Heads of Faculty/Programme Managers have the authority to arrange disciplinary meetings with Students (and their Parents/Guardians and/or Sponsoring Agents/Employers where applicable) in order to investigate, give verbal warnings, suspend the Student for a cooling off period or in any other way discipline a Student within the informal stage where the Head of Faculty deems it inappropriate to instigate the formal stage. All informal disciplinary activities must be documented on a Record of Meeting with Student (LNG04-05) form and copies filed in the Student Record File. Where appropriate, Parents/Guardians and/or Sponsoring Agents/Employers will be kept notified. 3.7.41 It is likely that most minor issues can be dealt with at this stage. The length of this period will vary depending on the Student s particular circumstances. Stage 2: Disciplinary Hearing with Head of Faculty and/or Programme Manager 3.7.42 In the case of a major or gross breach of the College Charter and Policies, or if there is insufficient improvement in behaviour at Stage 1, a Student may be suspended from the College immediately by a member of the Senior Management Team (SMT) or by delegated authority to a Head of Faculty, Programme Manager or Duty College Manager. 3.7.43 The College still has a duty of care to suspended Students. Where a Student is aged less than eighteen years, the suspending manager should inform the Parent/Guardian of the suspension by telephone and ensure the Parent/Guardian is aware that it is their responsibility to arrange appropriate transport to get the Student home. 3.7.44 The Student s ID card and lanyard must be returned to the College. The relevant Head of Faculty/Programme Manager will confirm the suspension to the Student in writing within two working days of its occurrence. Where a Student is aged less than eighteen years, a copy of the template letter will be sent to his/her Parents/Guardians and, if applicable, Sponsoring Agents/Employers will be kept notified. A copy of the template letter must be filed in the Student Record File. 3.7.45 The Student will be invited to a Disciplinary Hearing with the Head of Faculty and/or Programme Manager and should be notified of this in writing within five working days of the suspension. The Student will be given at least five working days notice of the Disciplinary Hearing, and the Disciplinary Hearing should take place within ten working days of the Suspension. Where a Student is aged less than eighteen years, a copy of the template letter will be sent to his/her Parents/Guardians and, if applicable, Sponsoring Agents/Employers will be kept notified. A copy of the template letter must be filed in the Student Record File. The template letter to the Student includes: 3.7.46 The grade of misconduct and a summary of the evidence, e.g. gross misconduct (carrying an offensive weapon) The Student s entitlement to accompaniment at the Disciplinary Hearing Confirmation of the date, time and place of the Disciplinary Hearing The potential use of witnesses where appropriate Page 11 of 16

3.7.47 The Student will be entitled to be accompanied at the Disciplinary Hearing by a relative, friend or Student representative (maximum of two). However, the Student cannot be accompanied by a legal or other professional adviser. 3.7.48 If the Student notifies the College that they are unavailable to attend the proposed Disciplinary Hearing date, the College will reschedule a Disciplinary Hearing once. The Student should be notified of this in writing within five working days of the Student notifying the College of their unavailability to attend the original Disciplinary Hearing. The Student will be given at least five working days notice of the Rescheduled Disciplinary Hearing, and the Rescheduled Disciplinary Hearing should take place within fifteen working days of the Suspension. Where a Student is aged less than eighteen years, a copy of the template letter will be sent to his/her Parents/Guardians and, if applicable, Sponsoring Agents/Employers will be kept notified. A copy of the template letter must be filed in the Student Record File. 3.7.49 If the Student fails to attend a Disciplinary Hearing, the College should adjourn the Disciplinary Hearing. The Student should be notified of this in writing within five working days of the original Disciplinary Hearing. The Student will be given at least five working days notice of the Adjourned Disciplinary Hearing, and the Adjourned Disciplinary Hearing should take place within twenty working days of the Suspension. Where a Student is aged less than eighteen years, a copy of the template letter will be sent to his/her Parents/Guardians and, if applicable, Sponsoring Agents/ Employers will be kept notified. A copy of the template letter must be filed in the Student Record File. If the Student fails to attend an Adjourned Disciplinary Hearing, the ruling would be made in his/her absence. 3.7.50 The Student will be encouraged to state his/her case at the Disciplinary Hearing, including any mitigating factors, before any ruling is made. 3.7.51 If the Head of Faculty/Programme Manager deems it necessary to further investigate before a ruling can be made, the Disciplinary Hearing proceedings may have to be deferred and reconvened at a later date. The Student should be notified of this in writing within five working days of the original Disciplinary Hearing. The Student will be given at least five working days notice of the Reconvened Disciplinary Hearing, and the Reconvened Disciplinary Hearing should take place within ten working days of the original Disciplinary Hearing. Where a Student is aged less than eighteen years, a copy of the template letter will be sent to his/her Parents/Guardians and, if applicable, Sponsoring Agents/Employers will be kept notified. A copy of the template letter must be filed in the Student Record File. The Student will remain suspended until the Disciplinary Hearing is reconvened. 3.7.52 Within five working days of the Disciplinary Hearing, the Student will be sent the template letter giving written notification of the ruling of the Head of Faculty/ Programme Manager in relation to the case. 3.7.53 The ruling may be that the Student is: 3.7.54 excluded allowed to return to College, on a final written warning, with conditions allowed to return to College, on a final written warning, with no conditions allowed to return to College, with conditions allowed to return to College, with no conditions referred to alternative programme, e.g. NEET 3.7.55 If the ruling is for exclusion or referral, the Student will be given details in writing of the right to appeal. Page 12 of 16

Final Written Warning 3.7.56 Any final written warning will be issued by template letter within five working days of the Disciplinary Hearing. It will state that any repetition of the offence or further poor behaviour by the Student may result in his/her exclusion from the College. Where a Student is aged less than eighteen years, a copy of the letter will be sent to his/her Parents/Guardians and, if applicable, Sponsoring Agents/Employers will be kept notified. A copy of the letter must be filed in the Student Record File. 3.7.57 In the case of repetition of the offence or further poor behaviour by the Student, the issue must be referred to the Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team), to rule whether automatic exclusion or a lesser disciplinary action will apply. Stage 3: Appeal Against Ruling 3.7.58 The Student will have a right of appeal to the Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team) against any ruling for permanent exclusion (Stage 2), referral (Stage 2) or withdrawal (probationary stage). Notice of appeal must be communicated in writing to the Executive Director, Partnerships and Estates, at the Isle Campus, within ten working days of the date of the ruling, and must give the grounds and brief particulars of the appeal. 3.7.59 If a notice of appeal is lodged within the stipulated ten working days and the Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team) considers that there may be valid grounds for appeal against the ruling, an Appeal Hearing with the Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team) will be arranged to take place within ten working days of receipt of the appeal. The Student will be given at least five working days notice of the Appeal Hearing. 3.7.60 The Student will be entitled to be accompanied to the Appeal Hearing by a relative, friend or Student representative (maximum of two). A legal or other professional adviser will be allowed only if the College intends to have an external adviser present. 3.7.61 Any documents considered at the Disciplinary Hearing will be available for the purposes of the Appeal Hearing, together with the notes of the Disciplinary Hearing. 3.7.62 The Student will be invited to attend the Appeal Hearing to explain the grounds of the appeal and to state his/her case. 3.7.63 The Head of Faculty/Programme Manager who made the ruling to exclude will attend and will be asked to respond to the appeal and explain the reasons for the ruling. 3.7.64 The Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team) may ask questions of the Student and the Head of Faculty/Programme Manager and will then decide whether to allow or dismiss the appeal. 3.7.65 Witnesses will not normally be asked to attend except in relation to any relevant new evidence which has come to light since the Disciplinary Hearing. Witness statements must be dated and signed. Page 13 of 16

3.7.66 If the appeal is allowed, the Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team) may decide that disciplinary action lesser than that ruled by the Head of Faculty/Programme Manager should be taken, e.g. referral to an alternative programme of study instead of exclusion. The Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team) may also decide that no further disciplinary action should be taken. 3.7.67 If the appeal is dismissed, the ruling of the Head of Faculty/Programme Manager will stand. 3.7.68 Within five working days of the Appeal Hearing, the final ruling by the Executive Director, Partnerships and Estates (or nominated member of the Senior Management Team) will be confirmed in writing to the Student. Withdrawals 3.7.69 A Student may decide to withdraw from his/her Course (i.e. terminate their enrolment) at any stage of the disciplinary process, and should be asked to confirm this in writing. 3.7.70 In the event of a Student withdrawing at Stage 2, the Disciplinary Hearing will go ahead and a ruling will be made in the Student s absence. Within five working days of the Disciplinary Hearing, the Student will be given written notification of the ruling of the Head of Faculty/Programme Manager in relation to the case. 3.7.71 If the outcome of the Disciplinary Hearing was exclusion, the Student s status should be recorded as exclusion, not withdrawal, and the two-year ban will apply. Correspondence 3.7.72 Template letters will be used at all times. Any deviations from the template letters must be authorised by the relevant Head of Faculty and recorded on the relevant administrative disciplinary tracking system. 3.7.73 All correspondence will be sent first class. 3.7.74 NOTE: For the purposes of this Code, working days or days refers to Monday to Friday during term time. Week refers to a period of five consecutive working days during term time. Outside of term time the periods referred to in the procedure may be longer. Timeframes can be decreased/increased in the interests of the Student, at the discretion of the Head of Faculty / Executive Director, Partnerships and Estates. 4. CRIMINAL OFFENCES 4.1 Where any member of Staff has reason to believe that a Student may have committed a criminal offence, the College can refer the matter to the Police. The College may also instigate disciplinary proceedings under the Student Disciplinary Code, including suspending the Student, pending the outcome of Police enquiries and any charges which may be brought against the Student. Where the Student has been suspended under this clause, when the results of the Police enquiries and any criminal proceedings are known, the College reserves the right to recommence Page 14 of 16

disciplinary proceedings under the Student Disciplinary Code in relation to the matter. 4.2 Any disciplinary proceedings relating to alleged criminal offences will be based on the genuine belief of the member of Staff taking the action after a proper investigation, and will not require a criminal conviction. It is emphasised that, in relation to the application of the Student Disciplinary Code, the College is not bound by the results of any criminal proceedings against Students. 5. RE-ENTRY INTERVIEWS 5.1 Where Students have been suspended and are taken back into College, the Head of Faculty, Programme Manager or Course Director will meet with the Student to agree a plan of action for his/her return to College. This should be recorded on a Record of Meeting with Student (LNG04-05) form and monitored to ensure there is no repeat of the reported behaviour. At this Re-entry Interview, the Student s ID card and lanyard should be returned to the Student. 6. GUIDANCE FOR STAFF ON ARRANGEMENTS FOR EXCLUDED STUDENTS 6.1 All Students aged sixteen to eighteen years excluded from College will be referred to Connexions (via a Student Advisor). 6.2 All Students aged nineteen years and over will be referred to the Job Centre for specialist support, if they wish this to happen. 6.3 Student Services should be informed so that excluded Students are flagged on the relevant Management Information Systems. 6.4 Any Student excluded will not be accepted on any College of West Anglia programmes, including Work Based Learning, for at least two years from the date of the ruling for exclusion. 6.5 Any excluded Student applying after the two year ban will be interviewed by the relevant Head of Faculty who will risk assess and action plan accordingly any re-entry in to College. The College is not obliged to allow the Student to re-enter in to College. The Student will be expected to provide evidence of remorse and a proven change in their approach to society and studies. Acceptance on a programme will be subject to specific conditions which will be monitored closely by the relevant Head of Faculty. 6.6 Any excluded Student is not allowed on any College property or transport. If seen, Staff should ask them to leave. If the excluded Student does not co-operate, security should be called. If the excluded Student still does not leave, then the Police should be contacted. All requests should be confirmed to the excluded Student in writing, reinforcing their ban from the premises. 7. GUIDANCE FOR STAFF ON ARRANGEMENTS FOR REFERRED STUDENTS 7.1 All Students aged sixteen to eighteen years referred to an alternative programme, e.g. NEET, will also be referred to Connexions (via a Student Advisor) and (if appropriate and with their permission) to a Work Based Learning provider. (Managers to liaise with relevant department(s) before referrals.) 7.2 All Students aged nineteen years and over will be referred to the Job Centre for specialist support, if they wish this to happen. Page 15 of 16

7.3 Any referred Student can apply the following academic year and will be interviewed by the relevant Head of Faculty who will risk assess and action plan accordingly any re-entry in to College. The College is not obliged to allow the Student to re-enter in to College. The Student will be expected to provide evidence of remorse and a proven change in their approach to society and studies. Acceptance on a programme will be subject to specific conditions which will be monitored closely by the relevant Head of Faculty. Page 16 of 16