KCLSU Election Disciplinary Procedures
This Disciplinary Procedure covers all KCLSU elections as defined by KCLSU Bye Law 4 and covers the
conduct of any student or Student Officer standing for election during a KCLSU election period. This
period, which runs from the announcement of nominations to the closing of the count, will have been
clearly advertised through www.kclsu.org up to two weeks before the opening of nominations.
This procedure only deals with complaints relating to the conduct of individuals. Any other complaints
are dealt with by the Returning Officer /Deputy Returning Officer under Election Bye – Law 4
In cases where the conduct complained of is that of individuals in a campaigns team, this Procedure shall
be applied to the election candidate instead.
This Procedure is not intended to cover a Student Officer’s political performance in their current role.
Issues to do with this are expected to be raised through the appropriate channels as part of the KCLSU
Bye Laws, see the Officer Accountability procedure.
KCLSU is committed to ensuring that the election process is fair, inclusive and free from any kind of
intimidation, and will therefore engage this Procedure for any complaints relating to the conduct of an
individual that are lodged under the KCLSU Election Bye – Law (4).
Disciplinary action may be taken in respect of any breach of the Disciplinary Grounds as set out in the
Election Bye – Law (4):
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On KCLSU premises
On College premises
While a student is an official election candidate
Elections Disciplinary Committee
There shall be an Elections Disciplinary Committee that shall comprise any of the following:
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The Returning Officer
Deputy Returning Officer
KCLSU Lay Trustees
External Student Officers
Handling Complaints
Any complaint to do with election conduct during an election period must be e-mailed to
roelections@kclsu.org and will be responded to within 2 business hours. A log of all complaints will be
kept in a confidential account by the RO/DRO. A nominated member of KCLSU staff will support
complaints administration as Clerk to the Committee.
Any complaint to do with election conduct must be in before the count commences and any complaint
to do with the count must be in within 24 hours of the close of the count.
Other than in exceptional circumstances involving the reputation of KCLSU, no Student Officer shall be
involved in or informed of the details of any complaint or allegation until such time as finally determined.
Informal Procedures
Cases that appear to the RO/DRO to be minor or moderate in nature can be dealt with informally. The
RO/ DRO may, if the election candidate concerned consents, issue an informal warning. The RO / DRO
will make clear the steps that need to be taken to rectify the minor / moderate misconduct. The
informal warning (including a brief outline of the terms of complaint) and specified steps will appear on
the KCLSU website.
Formal Procedures
If the RO / DRO considers on the information before him/her that there is a case to answer and either
no informal warning has been issued or specified steps following an informal warning have not been
followed, then an investigation may be instigated.
At the start of the investigation, the complainant and election candidate will receive a letter of
notification setting out the formal complaint to be investigated (only those matters complained of which
potentially fall within the Disciplinary Grounds will be included) and the name and contact details of
RO/DRO. The election candidate will be given the opportunity to meet with the RO/DRO and to respond
to the formal complaint, in writing or if s/he prefers face to face.
This notification will be given a minimum of 8 business hours prior to any meeting of the election
candidate with the RO/DRO.
Should the election candidate not respond to communications or refuse to engage with the investigation
process, s/he will be deemed to have nothing to add to the investigation.
The RO / DRO will consider the statements and other documents received from the complainant and
election candidate within 12 business hours of receipt unless it is deemed that there are factors out of
their control e.g. family emergency. The RO/DRO will then immediately make one of the following
decisions:
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To take no further formal action (but he/she may include specifying steps to remedy
misconduct);
Referral to Clerk to Elections Committee to convene a Disciplinary Panel
To inform the University authorities so that action may be pursued either under the University
Disciplinary Procedures, by the police or under the disciplinary procedures of any other body that
is deemed appropriate.
It should be recognised that being the subject of a complaint can be a difficult time for an individual, and
so ROs will undertake the investigation with appropriate discretion, care and consideration. ROs will
endeavour to ensure all steps in the process remain fair and in line with equal opportunities policy and
procedures.
No KCLSU Student Officer, Staff or Trustee should comment publicly on any incident that is being dealt
with under this procedure.
Disciplinary Hearings
The Disciplinary Panel (which will be made up of three persons from the Elections Disciplinary
Committee and will not include the investigating RO / DRO) will hear the case. The election candidate
will be notified of a disciplinary hearing with 8 business hours advance notice and will be provided with
copies of statements given by any witness or other written evidence to be used. Hearings will be
arranged as far as possible at a mutually convenient time and place and the election candidate will have
the right to be accompanied by a King’s student, staff member, friend or representative.
During a disciplinary hearing, the case against the election candidate will be presented in detail by the
investigating RO / DRO. If the election candidate challenges the substance of the witness statements
then witnesses may be called to the hearing where the election candidate or any person representating
him/her will have the opportunity to ask them questions.
If the Disciplinary Panel find some or all of the formal complaint proven, there are different types of
disciplinary sanction that can be taken that vary in their severity. The Disciplinary Panel may impose:
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Formal verbal warning
Written warning
Termination or suspension of election candidacy
Where a disciplinary sanction is imposed the election candidate will be informed of the decision within 2
business hours of the conclusion of the disciplinary hearing (which will be taken to be concluded when
the Panel have finished its deliberations). This notification will be in writing and will state:
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Detail of the misconduct that has resulted in the disciplinary sanction
The disciplinary sanction
If a warning, the length of time it will last before it is disregarded.
If suspension of candidate status, the timescales linked to the suspension
Any recommendations/ action required to prevent future disciplinary action
Brief reasons for the above decisions
Details of the appeal process
Confirmation whether the issue has been referred onto the College or relevant authority
Formal Verbal Warning
This can occur in cases of minor infringements and can either be given at the disciplinary hearing or
subsequently by a member of the Panel. The warning will be given in the presence of the election
candidate who will be entitled to have a King’s student, staff member, friend or representative present.
The election candidate will be told of the likely consequences should the failure be repeated, should
there be a further incidence of unacceptable conduct or performance, or should the required
improvement not be made within the specified election period.
Formal Written Warning
This will occur when the infringement is more serious or there has been a failure to improve behaviour
during the currency of any previous warning. It may either be given at the disciplinary hearing or
subsequently by a member of the Panel. The warning will be given in the presence of the election
candidate who will be entitled to have a King’s student, staff member, friend or representative present.
The election candidate will be told of the likely consequences should the failure be repeated, should
there be a further incidence of unacceptable conduct or performance, or should the required
improvement not be made within the specified election period.
Suspension of Election Candidacy or Removal from the Election Process
If the panel believe the misconduct to be severe they have the option of suspending or removing
candidate status and thus suspending or removing them from the election for a period or fully.
Where the defendant is a current KCLSU Student Officer the decision to remove them from the election
shall have no impact on their role as a Student Officer, save where the case has been forwarded to the
College or relevant authority. In this case the KCLSU Student Officer Disciplinary Procedure shall be
invoked.
Appeals
The election candidate has the right to appeal any disciplinary sanction imposed.
The appeal should be made in writing stating the grounds upon which the appeal is to be made and be
received by the Clerk to the Elections Disciplinary Committee within 4 business hours of receipt of the
notification outlining the panel’s decision.
The Clerk to the Elections Disciplinary Committee, on receipt of an appeal, will convene an Appeals
Panel. The Appeals Panel will consist of three of the Elections Disciplinary Committee pool who have
previously had no involvement in the case.
The appeal hearing will be held within 1 business day of receipt of the letter of appeal. The election
candidate will be entitled to attend and will have the right to be accompanied by a King’s student, staff
member, friend or representative. .
The defendant will be notified in writing of the result of the appeal and the reasons for the decisions
taken within 1 business day of the appeal.
Defendants should note that an appeal is designed to remedy any defects in the disciplinary process
rather than repeat the investigation and hearing by the Disciplinary Panel. Therefore grounds for appeal
are:
 A wholly unreasonable decision (i.e.: one which falls outside the range of possible reasonable
decisions that could have been taken)
 A disproportionate penalty
 New evidence coming to light which the election candidate could not reasonably have been
expected to raise at the Disciplinary hearing
 Procedural irregularities
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Extenuating circumstances
Bias of Disciplinary Panel
Possible outcomes of an appeal are:
 The appeal is upheld and the disciplinary sanction reduced or removed
 The appeal is upheld and there is a request for a re-investigation or rehearing
 The appeal is rejected and the original decision is upheld
Publicising Disciplinary Action
Where the Elections Disciplinary Panel impose a disciplinary sanction, a brief outline of the panel’s
findings, the name of the election candidate and the disciplinary sanction will appear on the KCLSU
website after the period for lodging an appeal has expired. If an appeal is lodged the outcome will not
appear on the website until after the determination of the appeal and only if rejected.
Recording Discipline
Accurate records will be kept detailing:
 Any breach of the Election Bye - Law
 The election candidate’s defence or mitigation
 The disciplinary sanction imposed and the reasons for it
 Whether an appeal was lodged and its outcome
These records are to be kept confidential and retained in line with the above Disciplinary Procedures and
the Data Protection Act 1998. Copies of any meeting records will normally be given to the election
candidate concerned.
Miscellaneous
During the voting period, the RO/DRO may, if necessary, reduce the prescribed time periods set above so
as to ensure that the disciplinary process is completed prior to the count commencing.
In this Procedure “business hours” means between 9am and 6pm on a working day.