Issue: 13
OPERATING PROCEDURE NO 7.07
FOR
Student Discipline – Non-Academic
Revision History:
Revision
No
Revision Details
Date
Approved
by
0
INITIAL DISTRIBUTION
1
Responsibilities
12/09/03
RJ
2
Responsibilities
07/11/03
RJH
3
Responsibilities
06.06.05
RJ
4
Addition of informing academic staff
23.05.06
HM
5
Minor amendment
1/09/06
HM
6
General update
26.03.07
RL
7
Minor amendments
21.02.08
RL
8
Major amendments
01.10. 09
GMC
9
Minor Amendments
03.11.10
LW
10
Reviewed, no changes
03.01.14
LW
11
Reviewed, minor amendments
30.01.14
DH
12
Reviewed, minor amendments
28.08.14
LW
13
Reviewed, minor amendments
03.07.15
LW
QUALITY OPERATING PROCEDURE 7.07
SUBJECT: Student Discipline – Non-academic
Page 2 of 5
Current Owner: Lesley Worsfold
Line Manager: Principal
Purpose:
To ensure that the Code of Conduct (including the Residential
Regulations as appropriate) to which students are expected to adhere
to is enforced in a fair, formal and structured manner.
Scope:
1. The Code applies to all students of the College, whether full-time,
part-time, whether or not their programme is validated by, or
associated with, any other institution, and at all times during the
year, whether or not during College terms, College working hours
or on College premises.
2. The Code does not apply to matters relating primarily to academic
performance which are subject to a separate procedure. Academic
Discipline is covered by procedure 7.13.
Responsibilities:
1. The Principal is responsible for the operation of this procedure.
2. The Director of Human Resources and Residential Services or
his/her nominee has a formal role in the operation of this
procedure.
3. Other members of College staff may be required to investigate
and report on incidents to the Director of Human Resources and
Residential Services or his/her nominee.
Method:
1. Cases of misconduct not deemed to be serious misconduct will be
dealt with by College Wardens, the Head Warden or Residential
Safeguarding Manager or his/her nominee in accordance with the
non-academic
grid
of
disciplinary
sanctions
(C1-C4)
communicated to all students and contained within the Residential
Handbook.
2. Serious cases of misconduct will be treated by the College as
gross misconduct. Examples of gross misconduct include but are
not restricted to: unauthorised interference with safety or fire
fighting equipment, any act which jeopardises the security of the
College or its staff or students, drug misuse which includes
possession, supply/cultivation or being involved with these
activities on campus or in external residential property managed
by the College, theft, physical assault/violence, drunkenness,
disruptive behaviour, deliberate damage to property belonging to
the College, its staff, visitors or students and/or possession of
firearms or similar offensive weapons, serious breach of health
and safety including visiting pubs/clubs off site and breaching the
fob security system (under 18 students), deliberate bullying
including cyber bullying.discriminatory behaviour.
3. Instances of alleged gross misconduct (C5) should be brought to
the attention of the Director of Human Resources and Residential
Services or his/her nominee or any other member of the College
Executive if the Director of Human Resources and Residential
Services is not available. It is important that the Principal is not
involved in the process at this time.
Disciplinary sanctions
awarded are treated on a cumulative basis and as a result the
Director of HR & Residential Services may initiate disciplinary
action at a C5 level due to a student’s previous disciplinary
record.
QUALITY OPERATING PROCEDURE 7.07
SUBJECT: Student Discipline – Non-Academic
Page 3 of 5
Current Owner: Lesley Worsfold
Line Manager: Principal
4. The Director of Human Resources and Residential Services or
his/her nominee will investigate the alleged misconduct and may
as a result initiate disciplinary action against the student(s)
involved.
5. The Director of Human Resources and Residential Services or
his/her nominee may suspend a student pending the outcome of a
formal disciplinary hearing with a Disciplinary Panel. During
suspension, the student, whether residential or non-residential,
may be excluded from all or specific College premises if it is felt to
be in the best interests of the investigation. Parents/Guardians of
any student aged under 18 years of age at the time of suspension
will also be advised, in writing, of the suspension as will the
student so affected. Parents/Guardians of any student aged 18 or
over at the time of the suspension will be informed only with the
student’s prior consent, as recorded in the minutes from the
interview with the Director of Human Resources and Residential
Services or his/her nominee.
6. Any resulting action from the disciplinary hearing will be reported
to the Head of Department and Course/Programme Tutor within
one working day of the hearing taking place. The Residential
Safeguarding Manager, Residential Services Manager and the Duty
Warden team, if the student is residential, will be informed as soon
as possible after the hearing.
7. The Vice Principal (Higher Education) and Vice Principal (Further
Education) or their nominees will offer the suspended student
reasonable academic support during this period of the suspension.
This support will usually be restricted to assignment work
supported by learning materials and telephone tutorials.
Disciplinary hearing:
8. The student will be notified of the date to attend a disciplinary
hearing with the Disciplinary Panel within 14 days of the decision
to commence disciplinary action. The Disciplinary Panel will be
Chaired by a Senior Post Holder (but not the Principal) and consist
of two other senior members of staff. The letter convening the
hearing will indicate the nature of the alleged breach, or breaches,
of discipline. The letter will also advise the student of his or her
right to be accompanied at the disciplinary hearing by a friend or
relative.
9. The Disciplinary Panel may adjourn matters, reinstate, exclude for
a fixed period, expel the student or administer a formal warning as
to the consequences of any further breach of College discipline.
The Disciplinary Panel will confirm the decision in writing. The
Disciplinary Panel may exclude a residential student from College
accommodation for a fixed or permanent period as part of the
range of sanctions available.
10. All staff must be aware of the nature of this procedure and the
need to keep accurate detailed notes on any interview or incident
which might lead to a student being charged with gross
misconduct.
QUALITY OPERATING PROCEDURE 7.07
SUBJECT: Student Discipline – Non-Academic
Page 4 of 5
Current Owner: Lesley
Worsfold
Line Manager: Principal
Appeals:
1. The student may Appeal against the decision of the Disciplinary
Panel. Any Appeal must be made in writing to the PA to the
Principal within seven days of the decision being communicated to
the student formally in writing. The letter of Appeal must give the
grounds of Appeal. Appeals will normally be considered on the
basis of procedural irregularity, excessive nature of sanction or
new evidence.
2. The Appeal will be heard by the Principal. The Principal can if he
deems necessary, invite two Governors or two senior managers
not already involved in the case to hear the Appeal with him.
Where the Principal has been previously involved in the individual
student’s disciplinary process or is not available then the Appeal
will be heard by a panel of three Governors or two Governors and
a Vice-Principal not already involved in the case.
3. The Appeal hearing will be convened by the PA to the Principal to
take place within 21 working days of receipt of the Notice of
Appeal. The Principal can, at his/her discretion, and in certain
exceptional circumstances respond to the appeal in writing by
means of a formal letter. The letter convening the hearing will
state that the student has a right to be accompanied at the Appeal
hearing by a friend or relative but not by a legal or professional
adviser unless the College otherwise agrees, having been given
notice before the day of the hearing. A legal or other professional
adviser will be allowed if the College intends to have an external
adviser present.
4. Relevant written evidence or submissions may be supplied to the
PA to the Principal not later than five working days before the
appeal hearing for consideration by the Principal. Any documents
considered by the Disciplinary Panel in their disciplinary meeting
with the student will be available to all parties for the purpose of
the Appeal together with the minutes of the disciplinary meeting.
5. The Principal will consider any written evidence and submissions
which have been circulated in advance and may be addressed by
either or both parties. If any evidence is disputed, the Principal
may agree to allow witnesses to be called and questioned and
may, exceptionally, agree to hear evidence which has not been
circulated in advance.
6. The Principal may adjourn matters, confirm the decision of the
Disciplinary Panel or may substitute any alternative decision which
was available to the Disciplinary Panel when they conducted the
disciplinary hearing.
7. The decision of the Principal will be confirmed in writing and will be
final and binding on both parties.
QUALITY OPERATING PROCEDURE 7.07
SUBJECT: Student Discipline – Non-Academic
Page 5 of 5
Current Owner: Lesley
Worsfold
Line Manager: Principal
Finance:
A student who has been suspended or expelled will still be liable for
any debt owed to the College.
Service of Documents:
Service of any documents under these Rules may be affected in
person, or by delivering it to the relevant office or last known place of
residence, or by recorded delivery post. A document which is sent by
First Class post will be considered to be served on the second day after
it has been posted. Documents/letters may also be sent via email if all
parties are in agreement.
REFERENCE
1. Academic Discipline Procedure
2. College Rules and Regulations including the Residential Regulations and
Procedures
3. Residential Handbook
4. Non-academic grid of disciplinary sanctions