Title: Student Disciplinary Procedure Document Type: Procedure Location: Policies, Procedures and Guidelines Version: 5.0 Publication date: August 2016 Author: Student Services Approved by: Head of Student Support Last updated: August 2016 Review date: August 2017 Page 1 of 8
Student Disciplinary Procedure Introduction 1. The University is part of the local community and is also a community itself, made up of staff and students. The University, therefore, not only owes a duty of care and responsibility to the members of its community, but at the same time can expect those same members to exhibit appropriate standards of conduct and behaviour. These obligations and expectations notwithstanding, it is not the University s wish to control all aspects of a person s life, but to achieve a balance between those matters of conduct that are purely of a personal nature and those that affect the work of the University, its staff, or students. 2. The Student Disciplinary Procedure is, therefore, specifically related to student behaviour that is seen as detrimental to the University, its reputation or the lives of students and staff. The Student Disciplinary Procedure is not concerned with a student s academic performance or capability, which is the responsibility of Academic Board as exercised through the University s academic policies and regulations. 3. Nor is the Student Disciplinary Procedure concerned with student misconduct that has, or may become a matter of criminal investigation, charge or conviction. These situations are covered in Appendix B. 4. Where a post holder is identified within this procedure, s/he may nominate a senior manager in the School or Service to act on his/her behalf. Conduct covered by the Student Disciplinary Procedure 5. The University has a legitimate interest in any alleged act of misconduct by a student where it: i. is closely related to the work of the University. ii. occurs on University property. iii. involves other students or staff of the University. iv. has a detrimental impact on other students or staff of the University. v. brings the University s name into disrepute. 6. Misconduct not related to the work of the University, which did not take place on its property and did not have a direct impact upon any staff or students of the University, will normally be deemed to be outside the jurisdiction of the University s Student Disciplinary Procedure. In these circumstances, the University will only consider disciplinary action should such misconduct involve the Police and/or incur a criminal conviction for the student(s) concerned. Any such misconduct will be dealt with through the procedure for dealing with inappropriate student behaviour involving the Police or Judicial System (as defined in Appendix B). Page 2 of 8
7. Students sponsored by shipping companies on courses leading to qualifications as ships officers are bound by the policies of their sponsors and the Warsash Maritime Academy s Cadet Code of Conduct. Any acts of misconduct involving such students will be referred to the Director of the Warsash Maritime Academy and dealt with under the Cadet Code of Conduct. The Director of the Warsash Maritime Academy shall be responsible for informing the Pro Vice-Chancellor, External Development of any disciplinary matters that go beyond the Cadet Code of Conduct and warrant action under the Student Disciplinary Procedure. These cases shall be deemed to constitute gross misconduct and will be dealt with as outlined in paragraph 19 onwards. 8. A student renders him/herself liable to disciplinary action if, s/he: i. commits an act of misconduct or gross misconduct; or ii. disregards or contravenes any of the published rules of the University. 9. The questioning and testing of received wisdom, putting forward new ideas and controversial or unpopular opinions will not constitute circumstances for disciplinary action unless these ideas/opinions contravene the University s Equal Opportunities Policy or the University s Dignity at Work Policy. 10. Examples of circumstances that could constitute misconduct and gross misconduct respectively are shown in Appendix A. The Process 11. Any member of staff or student of the University may make an allegation of misconduct. Complaints of misconduct may also be made by outside bodies, or individuals. Any such allegations should be brought to the attention of the Director of School/Head of Service (hereafter referred to as the Director/Head), depending on the nature of the alleged misconduct. 12. The Director of School/Head of Service will inform the Deputy Head of Student Support of the alleged misconduct. If an allegation of misconduct is made directly to the Deputy Head of Student Support, s/he should forward details of the allegation to the relevant Director of School/Head of Service, depending on the nature of the alleged misconduct. 13. There are three Stages in the Student Disciplinary Procedure. A student will receive written notification of the outcome of his/her complaint at the end of each stage. This will include an indication of whether there is an opportunity for further consideration or appeal and, if so, how to proceed to the next stage. Stage 1: Initial investigation 14. The Director/Head (or their nominee) or to whom an allegation of misconduct has been forwarded should complete an initial investigation of the allegation Page 3 of 8
within five working days of receiving details of the allegation. Such an investigation may involve an interview with the complainant and, if appropriate, others, to establish the facts of the case and what, if any, further action should be taken. A student who is the subject of the alleged misconduct may also be seen and shall be entitled to be accompanied by a friend or colleague. 15. Following an initial investigation, the Director/Head may decide that: i. there is no evidence to warrant further action. ii. there appears to be evidence to indicate misconduct (go to paragraph 17, Stage 2: Misconduct Disciplinary Procedure) iii. there appears to be evidence to indicate gross misconduct (go to paragraph 20, Stage 2: Gross Misconduct Disciplinary Procedure) iv. the matter should be referred to the Police or other civil authority 16. The Director/Head will inform the student in writing of the outcome of the initial investigation normally within ten working days of receiving details of an allegation of misconduct. Stage 2: Misconduct Disciplinary Procedure 17. If, at the conclusion of the initial investigation, the Director/Head concludes that there appears to be evidence to indicate misconduct (as defined in Appendix A), s/he may take one of the following actions: i. take no further action; or ii. issue a written warning and/or impose appropriate sanctions. 18. The student will be advised in writing, normally within ten working days of the conclusion of the initial investigation, of the action to be taken. Stage 2: Gross Misconduct Disciplinary Procedure 19. If, at the conclusion of the initial investigation, the Director/Head concludes that there appears to be evidence to indicate gross misconduct (as defined in Appendix A), s/he should refer the matter to the Deputy Head of Student Support who will set a date for a Disciplinary Panel to meet to consider the allegation, normally within fifteen working days of receiving the report of the initial investigation. 20. A student who is the subject of an allegation of gross misconduct should receive a copy of the report of the initial investigation and of the Student Disciplinary Procedure. The student should be provided, at least ten working days before any disciplinary hearing, with a copy of the written evidence to be presented. 21. If the Deputy Head of Student Support, in consultation with the Director/Head, decides that a student against whom an allegation of gross misconduct has been made, should not remain on University premises, the Deputy Head of Student Support will advise the Vice-Chancellor accordingly and recommend that the Page 4 of 8
student be suspended or excluded from attendance at the University pending the determination of the case by the Disciplinary Panel. (See paragraph 37 and following summarising the procedures for suspension and exclusion pending a disciplinary hearing). 22. A Disciplinary Panel shall consist of: i. The Deputy Vice-Chancellor or a Pro Vice-Chancellor (as Chair) ii. A Director of School or Head of Service iii. An academic member of staff iv. The President of the Students Union of Southampton Solent University or his/her nominee The members of the Disciplinary Panel shall have had no previous involvement nor any material interest by association with the School or Service connected to the alleged offence. A member of staff from Student Services shall be in attendance to make a record of the hearing. The Deputy Head of Student Support will also be in attendance to advise the Disciplinary Panel. 23. The student against whom an allegation of misconduct has been made shall have the right to be present at any meeting of the Disciplinary Panel except the final private meeting of the Panel (see paragraph 24 below) and to question, through the Chair, any person giving evidence. S/he shall be entitled to be accompanied, or assisted, by a friend or colleague, and should advise the Deputy Head of Student Services prior to the disciplinary hearing of the name of the person who will be accompanying him/her. 24. At the conclusion of the hearing, the Disciplinary Panel shall meet in private to consider its findings. The Panel may either dismiss the case, or uphold the allegation of gross misconduct. The Deputy Head of Student Support on behalf of the Panel will prepare a report within five working days of the final meeting of the Panel, summarising the facts of the case and the Panel s decision. If the allegation of gross misconduct is upheld, the Panel may recommend to the Vice- Chancellor, any or all, of the penalties below. i. Restrict the student to certain parts of the campus for a maximum of one period or term. ii. Order restitution by the student to a fellow student, member of staff, or the University itself, as appropriate, to compensate for any financial losses arising from the misconduct of the student. iii. Require a formal apology to any student and/or member of staff directly affected by the misconduct of the student. iv. Refer the student to Student Support for advice, guidance and support. v. Suspend the student from attendance at the University for a maximum of two weeks. vi. Expel the student from the University. vii. No further action (allegation is upheld but no additional penalties are considered to be warranted). Page 5 of 8
25. The Deputy Head of Student Support will be responsible for communicating the Vice-Chancellor s decision to the student, in writing, within ten working days of the date of the hearing. The letter should include details of the appeal process that is available and the timescale within which any appeal must be lodged. Stage 3: Appeal to the Chairman of the Board of Governors 26. A student shall have the right of appeal against the decision of the Vice- Chancellor following a disciplinary hearing. Dissatisfaction as to the outcome of the disciplinary hearing and decision of the Vice-Chancellor shall not in itself constitute an acceptable ground for an appeal. The grounds for an appeal in relation to the decision of the Vice-Chancellor are limited to the grounds below. i. Where it is alleged that the hearing was not conducted in accordance with the provisions outlined in this Procedure. ii. Where the penalty approved by the Vice-Chancellor is alleged to be disproportionate to the gross misconduct charge that has been upheld against the student. iii. Where new evidence comes to light that was, for justifiable reasons, not able to be considered by the Disciplinary Panel. 27. If a student believes that s/he has grounds for an appeal as outlined above, s/he should submit a letter of appeal to the Chairman of the Board of Governors setting out which of the reasons above constitute his/her grounds for an appeal. The letter of appeal should be submitted within ten working days of notification of the decision of the Vice-Chancellor. 28. Following receipt of an appeal letter, the Chairman of the Board of Governors will ask the Clerk to the Governors to consider the appeal and report to the Chairman. 29. The Chairman of the Board of Governors will acknowledge receipt of the appeal within five working days and will inform the student that the Clerk to the Governors will handle the appeal. 30. The Clerk to the Governors will consider the appeal and, having taken any necessary advice, will report to the Chairman of the Board of Governors, indicating whether there is sufficient evidence to uphold the appeal. 31. If the Chairman of the Board of Governors, on the advice of the Clerk to the Governors, determines that there is insufficient evidence to uphold the appeal, the appeal will be dismissed and the student advised accordingly. 32. If the Chairman of the Board of Governors, on the advice of the Clerk to the Governors, determines that there is sufficient evidence to uphold the appeal, the appeal will be upheld and the student advised of the action to be taken by the Chairman of the Board of Governors. Page 6 of 8
33. The Clerk to the Governors will inform the student in writing within thirty working days of receipt of the student s letter of appeal whether there is sufficient evidence or not to uphold the appeal. The Clerk to the Governors will be responsible for ensuring that any action arising from the appeal is taken and will inform the student in writing accordingly. 34. The student may, at the Chairman of the Board of Governor s discretion, be reimbursed any reasonable and proportionate incidental expenses incurred in pursuing the complaint. 35. The report of the Chairman of the Board of Governors concludes the internal consideration of the student s complaint. End of the internal Student Disciplinary Procedure 36. The Deputy Vice-Chancellor will issue a completion of internal procedures letter confirming that the student has exhausted the University s internal Student Disciplinary Procedure and advising that any further request for redress will need to be made to the Office of the Independent Adjudicator (OIA) [contact details for the OIA will be enclosed with letter]. Suspension and exclusion pending a disciplinary hearing 37. A student against whom an allegation of misconduct has been made, may be suspended or excluded by the University Vice-Chancellor, pending a disciplinary hearing. 38. Suspension normally involves a total prohibition on attendance at, or access to, the University, and on any participation in University activities. However, it may be subject to qualification, such as permission to attend for the purpose of an examination. Suspension should be used only where exclusion from specified activities or facilities would be inadequate. 39. Exclusion involves selective restriction on attendance at, or access to, the University, or prohibition on exercising the functions, or duties, of any office or committee membership in the University, or the Students Union of Southampton Solent University, the exact details of which are to be specified in writing to the student. 40. An order of suspension, or exclusion, may include a requirement that the student should have no contact of any kind with a named person, or persons. Suspension, or exclusion, pending a disciplinary hearing must not be used as a penalty. The power to suspend, or exclude, under this provision is to protect the members of the University community in general, or a particular member, or members, and the power shall be used only where the Vice-Chancellor is of the opinion that it is urgent and necessary to take such action. Reasons for the decision shall be provided in writing recorded and made available to the student. Page 7 of 8
41. No student shall be suspended or excluded, pending a hearing, unless he or she has been given an opportunity to make representations in person to the Vice- Chancellor. Where, for any reason, it appears to the Vice-Chancellor that it is not possible for the student to attend in person, s/he shall be entitled to make written representations. In cases of great urgency, the Vice-Chancellor shall be empowered to suspend a student with immediate effect. 42. A decision to suspend, or exclude, from academic activities associated with a student s course of study, shall be subject to review, at the request of the student, where it has continued for four weeks. Such a review will not involve a hearing or submissions made in person, but the student shall be entitled to submit written representations. The review will be conducted by the Vice- Chancellor where the decision to suspend, or exclude, has been made by someone else, and by three members of the Governing Body (including at least one academic member and one lay member), where the decision has been made by the Vice-Chancellor. 43. When the Vice-Chancellor has delegated power under this section, a full report shall be made to the Vice-Chancellor of any suspension or exclusion under this section. 44. The Vice-Chancellor shall review the suspension or exclusion every four weeks in the light of any developments and of any representations made by the student or anyone else on his or her behalf. Delegation by the Vice-Chancellor 45. The Vice-Chancellor may delegate his or her powers under this Procedure to another member of the Vice-Chancellor s Group. Date Updated: August 2016 Revision Date: August 2017 Page 8 of 8