ARC Guide to Non-Academic Disciplinary Procedure
Contents
What this Guide is about ........................................................................................................................ 2
What is a Non-Academic Disciplinary? ................................................................................................... 2
I am being investigated- what should I do? ............................................................................................ 2
Should I disclose personal difficulties which I had during the relevant time? ....................................... 3
I have sent my written response and/or attended a meeting, what now? ............................................ 3
My case has been referred to Secretary to the Misconduct and Professional Suitability Board for
further action .......................................................................................................................................... 4
My case has been referred to a Misconduct Panel ................................................................................ 4
What happens at a hearing? ................................................................................................................... 5
Hearings; Order of Proceeding ........................................................................................................... 5
What is the standard of proof? ............................................................................................................... 8
Suspension and/or Exclusion- how does that affect me?....................................................................... 8
What if I do not agree with the penalty? ................................................................................................ 9
What advice and help can I expect to receive from the Advice & Representation Centre? ................ 10
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What this Guide is about
This Guide focuses on breaches of University rules.
This Guide does not cover breaches of academic rules, such as plagiarism, cheating in exams or
professional suitability (for this, please see our Academic Disciplinaries Guide or Professional
Suitability Guide in the University Procedures section of our website.)
What is a Non-Academic Disciplinary?
Non-Academic Disciplinary matters arise when a student is accused of breeching certain University
rules or breaking the law. The list of offences which may result in a Non-Academic Disciplinary can
be found in Senate Regulations 6 , paragraph 16
The University has produced their own guidance which can be found here
When a student is suspected of breeching a University rule or the law, the Non-Academic
Disciplinary procedure must be followed, as described below.
I am being investigated- what should I do?
The procedures for the reporting, investigation and referral of disciplinary concerns are described in
Senate Regulation 6, Section 3
A person appointed to investigate the matter should write to you, explaining the purpose of the
investigation, including any evidence relevant to your case. You may also be invited to a meeting,
which you are not obliged to attend, but we would encourage you to do so. You can be accompanied
at such meeting (you can find out who can accompany you in paragraph 41 of the Regulations) and
we can assist you in preparing for a meeting.
You will be invited to respond to the disciplinary concerns. Examples of what you can write in your
letter are:
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Whether you admit or deny the allegation(s)
Your explanation of what happened
If you are admitting to the allegation:
 Whether you knew that this was wrong at the time that you did it
 Details of why you think this may have happened
 What was your motivation
 An explanation of why you believe that you acted this way – if you were experiencing
difficult circumstances that may have affected your judgment it is important to explain
this.
 An argument for why you believe a particular penalty is more reasonable than others,
for example why you should be allowed to continue on the course.
 Have you learnt your lesson?
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
Would you be able to gather good character witness statements from other people in
authority, for example your previous Head Teacher, sixth form tutor, coach or religious
leader etc.
If you deny the allegations, you must be able to present a reasonable case which counters the
University’s evidence. Ideally you should provide evidence to support your case.
Should I disclose personal difficulties which I had during the relevant
time?
If you do have particular difficult circumstances that may have had an effect on you at the time of
the incident, it may be helpful to get a supporting letter from an objective third party. This could be
a doctor or counsellor if they were aware of your personal circumstances at the time. Where
possible you should discuss the letter with your counsellor or doctor to make sure that they are
aware you agree to your personal data being released. These details should include (where possible)
confirmation of diagnosis, confirmation of time affected by the situation and an indication of the
severity of your condition and the likely impact. It is recommended that you show a draft copy to the
ARC before submission.
If you are unable to get supporting evidence from an objective third party, you could try other
professionals, like your tutor, former teacher, faith leader, coach, or someone else who knows you
well and who could vouch for your good character.
There are many examples of circumstances which could have impacted on your actions, so if you are
in any doubt whether you should include this in your response to disciplinary allegations, please
speak to an ARC adviser.
I have sent my written response and/or attended a meeting, what
now?
The person charged with investigating your case might be satisfied with your response and
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Decide to dismiss the case without any further investigation at this point. Please note: a
concern dismissed in this manner may be referred for further investigation under Regulation
6, paragraph 60(i).
OR
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Decide that the concern has some substance and should be referred to the Secretary to the
Disciplinary Board for further action
In either case you should receive a letter confirming the course of action and next steps, if
necessary.
My case has been referred to Secretary to the Misconduct and
Professional Suitability Board for further action
If the disciplinary allegations have not been dismissed after the initial investigation and your case
has been referred on to the next stage of the disciplinary process, the Secretary to the Misconduct
and Professional Suitability Board will write to you to explain what course of action will be taken.
You will be provided with details of the allegations and evidence. You do not have to respond to this
letter but we would encourage you to do so. We can assist you with preparing your response. You
could use the response you have prepared for an investigator at an earlier stage, improve it, address
issues which were challenged by the investigation and gather more evidence in support of your case.
The next steps of the process are outlined in Section 4 of the Regulation 6
Your case will be referred to the Vice-Chancellor’s Representative (Non-Academic). She or he may:
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dismiss the case (please note: allegation dismissed in this manner may be referred for
further investigation at some point in the future, if appropriate), OR
refer your case to a Misconduct Panel, OR
apply a penalty as described in paragraph 73 of the Regulation 6
Please note: you can appeal the decision about a penalty- please see below
My case has been referred to a Misconduct Panel
If the disciplinary allegations have not been dismissed by the Vice-Chancellor’s Representative (NonAcademic , and your case has been referred on to the next stage of the disciplinary process, your
case will be referred to a Misconduct Panel. The Secretary to the Misconduct and Professional
Suitability Board will write to you to explain what course of action will be taken.
You will most likely have to attend a hearing.
You will be notified of the date and time of the hearing and given at least 2 weeks’ notice.
A full set of documents which you should receive is described in paragraph 92 of the Regulation 6
Once again you will be given a chance to submit a written statement about your case, which you can
later use during the hearing.
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The pack will contain an Order of Proceedings which should give you a good idea about the hearing,
for example who will be invited to talk or ask questions.
You will be able to bring a witness or someone to accompany you. This person can be a current
student, a current academic staff member, or an adviser from the ARC. Please bear in mind the ARC
adviser won’t be able to attend at short notice. You must tell us if you wish us to attend with you as
soon as you receive notification about the hearing from the University. We may not be able to
attend at less than 7 days’ notice.
What happens at a hearing?
The University uses variety of locations to hold hearings- make sure you know where your hearing
takes place well before the due date.
Dress smartly to show respect and convey that you understand the importance of the situation.
Make sure you have some water with you, although usually bottled water is provided.
You will be invited to the room by the Secretary and shown where to sit.
The hearing panel consist of 2 senior members of University Staff, often Heads of College and 1
Student Union Officer. Also present would be a note taker, University Representative (most often
the Investigating Officer), you and your representative (if you choose to take one).
The hearing is your opportunity to explain your view of the event, clarify any issues or show
remorse, if relevant. It is highly important to be honest. It is a confidential space and any information
you tell the panel would not be discussed with anyone else without your permission. You can
prepare an oral statement which may help you to remember everything that you want to put across
to the panel.
Hearings usually last about one hour. When it is over you will be asked to leave and the panel will
make their conclusions which will be communicated to you usually with 7 days. You may ask the
Secretary that the copy of the outcome letter is sent to your ARC Adviser.
Hearings; Order of Proceeding
1.
Introduction of those present, outline of the proceedings, and reminder of confidentiality of
the proceedings by the Chair
The Chair will start by asking everyone present to introduce themselves, he/she will then go
through the proceedings of the day and remind all present that what is discussed should
remain confidential.
2.
Declarations of interest
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Do you know anyone on the Panel that may mean a conflict of interests? You need to notify
the secretary as a matter of urgency if you believe there is. The Panel members should not
be from your College.
3.
The University Representative
A senior member of staff from your College will be present during the hearing to state the
College’s case against you and to answer any questions the Panel may have concerning the
case against you.
It is important that you write questions down as they arise as you may not remember by the
time you need to ask.
4.
Questions to the University Representative
a. From the members of the Panel
The panel have an opportunity to question the University Representative concerning
any queries they have relating to your case.
b. From the Student (or representative)
You or your representative will also have an opportunity to ask the University
Representative questions which may help your case. It may be that the Panel
members already asked the question, in which case it is not necessary to go over the
same ground.
5.
Witnesses called by the University Representative (where applicable)
Questions to the Witness (es)
- From members of the Panel
The panel have an opportunity to question the University Representative concerning any
queries they have relating to your case.
- From the Student (or representative) – if present
You or your representative will also have an opportunity to ask the Witness (es) questions
which may help your case. It may be that the Panel members already asked the question, in
which case it is not necessary to go over the same ground.
6.
The Student
This is your chance to have your say, so it is important that you have prepared brief bullet
points as reminders for you to refer to on the day (keeps words to a minimum, it’s hard to
read blocks of text under pressure).
You may know what you want to say but under the pressure you may forget and there is
nothing worse than leaving the hearing having not said everything you wanted to say. Points
that should be considered are:
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Whether you admit the allegations or not
If you do, what happened and how have you learnt from this
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7.
If you do not admit the allegation then how do you explain the evidence against
you?
Where there any surrounding circumstances at the time that may have affected you
and impaired your judgment
With hindsight, how would you do things differently?
The acceptance and recognition of the negative impact your actions may have had
on students and the University, not just in terms of the Law but in terms of the
University
Regulations
Questions to the Student
a. From members of the Panel
The panel have an opportunity to question you with any queries they have relating
to your case or for clarity on anything you may have said during the hearing.
b. From the University Representative
The University Representative also has an opportunity to question you with any
queries they have relating to your case or for clarity on anything you may have said
during the hearing.
8.
Witnesses called by the Student (where applicable)
Questions to the Witness (es)
- From members of the Panel
The panel have an opportunity to question your Witness (es) with any queries they
have relating to your case or for clarity on anything they may have said during the
hearing.
- From the University Representative
The University Representative will have an opportunity to question your Witness
(es) with any queries they have relating to your case or for clarity on anything they
may have said during the hearing.
9.
Concluding statement by the University Representative
This is the University Representatives final opportunity to go over the most important points
that make the case against you.
10.
Concluding statement by the Student
This is your final opportunity to go over the most important points that make your case and
should be the points you want the panel to focus on when making their decision.
This is not your opportunity to go over everything you mentioned at point 6.
11.
Confirmation of Student’s address for correspondence
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The Secretary will confirm your current address to send the outcome letter to. It may also be
emailed to you if you ask for. You can also request that a copy is send/emailed to your
representative (for example your ARC Adviser).
12.
All except the members of the panel and the secretary will then leave the room
The Panel members are left to make a decision.
The decision of the Panel will be communicated to you in writing as soon as practicable after the
meeting.
++ END OF HEARING ++
What is the standard of proof?
Your case will be decided on the balance of probabilities. This means the panel will decide, in view of
all evidence, what was most likely to have happened. This means they do not have to be 100%
certain they are correct in their analysis of events.
Outcomes of Misconduct Panel hearing
Following the hearing, the Misconduct Panel will first decide whether you have committed
misconduct or not, and if they find that you did, they may apply one of the following sanctions:
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issue you with a formal warning which will be on your file
require you to pay for the damages caused or apply a fine of max £500
exclude you from the University, or a part of campus, or from any activity (including
placement) or service or facility, for example Library or email account for a specified period
suspend your student status for a specified period
permanently expel you (and depending on severity of your case, either allow you to keep
academic credits you have achieved so far or deprive you of them)
Suspension and/or Exclusion- how does that affect me?
Depending on the severity of the allegations, the University has the power to suspend and/or
exclude you from campus:
Temporary suspension means that you will not be allowed to:
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Sit such tests or examinations as are scheduled during that period;
Be told information about results / grades, progression to the next level or module choice
for the next level
Be informed if you have re-sits
Access and utilise your Brunel email account.
Re-enrol
Temporary exclusion means that you are not permitted to come onto campus without the prior
written permission of the Secretary to the Disciplinary Board.
Students who are temporarily excluded can sit exams, re-enrol or access their Brunel account.
However, if you are a final year student, you will not be allowed to be informed about
results/grades, re-sit questions, or be informed if you have re-sits.
Please note: some students can be temporarily suspended AND excluded at the same time. In such
cases, the above restrictions are combined.
If you breach the terms of your suspension and/or exclusion, this will be considered a further
potential breach of the Universities rules of Discipline. Therefore a further Disciplinary Procedure
might be instigated against you.
It is vital that you do not come onto campus without permission from the Secretary to the
Misconduct and Professional Suitability Board, Ms Liz Racz (01895 265472 / liz.racz@brunel.ac.uk)
Permission shall normally only be given for the purposes of seeking the advice or support services of
the UBS, or for the purpose of attending hearings or meetings connected with the investigation into
the allegations against you. You will need to give 24 hours' notice of your wish to enter the campus
for any reason.
What if I do not agree with the penalty?
The procedure for appeals is outlined in Section 5 of the Regulations
You can appeal the decision within 20 working days of the result from the hearing. It is highly
recommend that you seek advice on this from the ARC.
You can only appeal if you have one of the specific reasons (grounds) for appeal:
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a. there has been procedural irregularity; i.e. that some rules or procedures were not
applied correctly;
b. there was prejudice or bias on part of the decision- maker;
c. the decision is unreasonable and/or the sanction or outcome disproportionate
d. there is new evidence material to the case which the student can demonstrate was for
good reason not previously reasonably available.
Your appeal letter needs to be sent to the Head of Registry. The Head of Registry will look at it to
decide whether you are appealing on one of the permitted grounds. If you are not, you will be given
another chance to state the grounds for your appeal.
If your appeal does contain one of the allowed grounds, The Head of Registry will instruct the
Secretary to the Disciplinary Board to arrange a hearing of an Appeals Panel.
Please note, if your appeal is dismissed, any previous sanction will be confirmed or a more severe
sanction imposed.
The Appeals Panel and appeals hearing procedures are described in paragraph 120- 142 of the
Regulations
What advice and help can I expect to receive from the Advice &
Representation Centre?
The ARC can help you in the following ways:
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Help you to understand the process
Talk through with you what has gone wrong and how to convey this to your College and the
Misconduct and Professional Suitability Board
Check draft letters and statements before you submit them
Talk through realistic outcomes and what you could expect
Support you at the Disciplinary Panel hearing and throughout the process
Help you decide whether appealing is a realistic option
Help you to identify appeal grounds
Discuss alternative options
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The Advice and Representation Centre
Union of Brunel Students
Hamilton Centre
Kingston Lane
Uxbridge
Middlesex
UB8 3PH
Call: 01895 269 169
Email: advice@brunel.ac.uk
http://brunelstudents.com/advice
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