Regulation 20: Student Discipline

Contents

Code of Behaviour

Disciplinary Action

Administration and Monitoring

Disciplinary Points

Penalties and Charges

Appeals

Timeliness

Outcomes

Code of Behaviour

1. General

1.1 Save in relation to 3 below, this code shall apply to all students of the University when they may reasonably be regarded as being under the auspices of the University or in a public place within the vicinity of the University. This shall include behaviors arising at any time when the student may be regarded as representing the University as an individual or as part of a team or group, and when the student is at some location away from the University either as part of his/her study or following an arrangement made through the University or the Students’ Union.

1.2 The following constitute those acts by students which shall be deemed to be subject to the procedures set out in part (b) of this Regulation:

(a) a breach of any University regulation, contract or licence agreement;

(b) breaches of University Health and Safety Policy or Regulations relating to Health and Safety and breaches of the law on Health and Safety;

(c) breaches of the University's IT Conditions of Use or Regulations relating to IT and breaches of the law on IT;

(d) failure to abide by any University policy or code of practice;

(e) breaches of the University Code of Conduct relating to student society social events and the practice of 'initiation ceremonies';

(f) a breach of any order or the conditions relating thereto made by the Vice-Chancellor  or his/her nominee excluding a student from the campus or any part of the University;

(g) impeding or disrupting the work of any officer, employee, student or guest of the University, academic, administrative or otherwise, in the due discharge of the functions of any such officer, employee, student or guest. For the purpose of this Regulation the work of a University officer, employee, student or guest shall be considered to be in the due discharge of his/her functions if such work is performed or to be performed on land or premises rented or hired for use by the University or in pursuance of a University activity which is nevertheless taking place away from such land or premises;

(h) failure to comply with a reasonable request made by any employee or officer of the University in performance of his or her duty at his or her place of work within the University premises;

(i) failure to provide University identification when reasonably requested to do so by any employee or officer of the University in performance of his or her duty at his or her place of work within the University premises;

(j) behaviour which endangers or threatens to endanger the health, safety or well-being of any officer, employee, student, including themselves, or guest of the University, or which might reasonably be expected to have such a consequence;

(k) behaviours which fails to respect the rights, diversity and equality of others to be in an environment which is conducive to study, work and/or rest;

(l) verbal abuse or threats to any officer, employee, student or guest of the University, academic, administrative or otherwise;

(m) behaviour which leads to damage to property of the University or to that of any of its officers, employees, students or guests;

(n) interference with, misuse of, or unauthorised removal of University equipment;

(o) failure to comply with any instructions relating to the use of University equipment;

(p) theft, fraud, misapplication of, or gross negligence in connection with, funds or property;

(q) interference with any fire safety detection or prevention equipment on the University premises;

(r) possession of firearms, other weapons and explosives either real or imitation, on the University premises;

(s) possession, use or supply or any illegal substances, or permitting any other person to do so within the University accommodation that you are responsible for;

(t) behaviours which constitutes harassment as defined by the University;

(u) vexatious complaints and/or statements against the University or to that of its officers, employees, students or guests;

(v) failure to give any notice which is required to be given under the terms of the code of practice of freedom of speech;

(w) failure to observe the requirements of the Data Protection Act and in particular any attempt to disclose, or gain, or seek to gain, unauthorised access to personal data of a third party held on any computer or file;

(x) behaviour or acts which, even if they occur beyond the normal jurisdiction of the University, jeopardise the good name and/or reputation of the University, or which might reasonably be expected to have such a consequence;

(y) failure to comply with any penalty imposed under this Regulation.

 

2. Concurrent Jurisdiction

2.1 The University does not and shall not take any action which purports to set aside or circumscribe the law of the land or the rights of any person to resort to the law.

2.2 There are many circumstances which may or may not fall within the scope of the Code of Behaviour (hereafter referred to as "the Code"), but have the potential to be regarded as breaches of the criminal law. Such acts also represent a breach of the Code and may be dealt with as such, in accordance with part (a) paragraph 2.4 of this Regulation.

2.3 The University shall maintain a constructive relationship with the Police and other statutory enforcing or emergency services, shall co-operate fully in any investigation by such services, and shall report any matter directly to the Police or other service which any relevant University Officer deems appropriate.

2.4 The University shall consider the consequences of convictions or cautions for criminal acts incurred by a student with regard to the suitability of that person to continue as a student of the University, or to impose such other penalties as are permitted within the terms of section 2 of this Regulation. The University shall take no disciplinary action against a student until any criminal proceedings have been concluded, save that this paragraph does not restrict the powers of the Vice-Chancellor to exclude or suspend a student in accordance with Statute 6.4.

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Disciplinary Action

1. General

1.1 This Regulation is subject to Section 6 of the Statutes under which the ultimate responsibility for disciplinary action lies with the Vice-Chancellor. In the exercise of this responsibility the Vice-Chancellor may find it necessary, exceptionally, to act without recourse to the procedure outlined below.

1.2 The Vice-Chancellor shall from time to time designate officers of the University who shall have authority to deal with alleged offences which fall within their areas of responsibility and which they deem to be insufficiently serious to merit reference to the Vice-Chancellor.

1.3 The Vice-Chancellor may designate a Pro Vice-Chancellor or other Senior Officer to act on his/her behalf in relation to his/her responsibilities under Section 6 of the Statutes. Therefore, references in this Regulation to the Vice-Chancellor shall include any such officer so designated by the Vice-Chancellor to exercise this disciplinary function.

1.4 The procedures in this Regulation only apply in cases of cheating in so far as indicated in Regulation 8.12.

1.5 As a matter of principle the University aims to settle breaches of the Code informally wherever possible. If a breach cannot be resolved informally then it should be addressed at the lowest possible stage within the disciplinary procedures.

1.6 The levels of the disciplinary procedures are defined as follows:

i) Stage 1 - Designated Officers

ii) Stage 2 - Student Conduct Panel

iii) Stage 3 - Disciplinary Committee

iv) Stage 4 - Disciplinary Committee (Appeals)

1.7 In all stages students alleged to have breached the Code will be entitled to appear before the individual or body considering the case. Students will be entitled to be accompanied and/or represented by a member of the University (defined under Section 2 of the Statutes).

1.8 At stage 2 only, students who, during the investigation process, accepted the allegations against them will have the option for their case to be considered without them having to appear in person before the Student Conduct Panel. Should this option be taken, the students absence will have no detrimental effect on the outcome of the case.

1.9 Students will be informed, in writing, that they face disciplinary proceedings. For disciplinary stages 1 and 2 this may be by email, to the student’s University email account. For stages 3 and 4 this should be by email and in writing by post, to the address held on the student’s file.

1.10 Breaches of the Code should be heard at the most appropriate stage, as determined by the University. It is envisaged that most cases will be heard at stages 1 and 2. However, if it is deemed that a penalty sought is likely to be higher than the maximum penalty at stages 1 or 2, then the Student Discipline and Student Complaints Officer must ensure that the case is first heard at a higher stage.

1.11 At all stages the procedure will take into consideration the following:

       i) Alleged breaches will initially be investigated by the Designated Officer who is first made aware of the breach and who will, if necessary, pass their findings on to the Student Discipline and  Complaints Officer so that the case may be decided upon at the most appropriate stage.

       ii) Students should receive written notice of the allegations against them, the date and time of the hearing, the format of that hearing and their right to attend (with a representative or accompanying person).

       iii) For stages 2, 3 and 4 there should be a Designated Officer presenting the case.

       iv) Where the case being heard is an appeal against a penalty already awarded, the Designated Officer of the original case will normally be present to respond to the appeal case.

       v) The student will be given the opportunity to provide a statement, whether they choose to attend or not

       vi) The student accused has the right for witnesses to appear and/or give statements provided that they are a member of the University (defined under Section 2 of the Statutes).

       vii) Written statements and the names of witnesses should be made available to all parties prior to the hearing.

       viii) The student and witnesses should be made aware that an vexatous complaints and/or statements may lead to disciplinary action.

       ix) The Designated Officer/Panel/Committee considering the case may do so in the absence of the student summoned to appear if the student fails to appear without reasonable excuse or if the student declares that he/she does not wish to appear.

       x) The outcome of hearings should be communicated to students in writing.

1.12 Breaches of the Code may occur within the University Library and disciplinary action may be taken, in conjunction with Regulation 15, 3 (h). In cases where the breach is considered to be at stage 1, the Designated Officer may decide the outcome and impose penalties without the student appearing before him/her. Where such breaches of the Code occur, the following will be taken into account:

       i) Disciplinary action will only be taken without the student appearing for breaches of the Code to be considered at stage 1; breaches to be considered that occur at a higher stage will be heard at stage 2 or 3.

       ii) Any breach of the Code will be dealt with at the time of occurrence by a member of Library or IT staff and will follow a series of warnings that their behaviour breaches the Library Code of Conduct and that if it continues they may be requested to leave the Library. The details of the breach will then be given to the Librarian or the Deputy Director IT for disciplinary action to be taken and penalties imposed.

       iii) The details of the breach of the Code, the disciplinary outcome and penalties imposed should be communicated to the students in writing.

1.13 The Students’ Union has its own internal procedures for resolving low-stage breaches of its rules and regulations and the details of this process are available from the Students’ Union. Where an alleged breach of discipline is deemed serious, then the Students’ Union will ask the University to consider the breach under University regulations.

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Administration and Monitoring

2.1 Planning and Academic Administration will maintain a record of all cases where there is an alleged breach of the Code and will provide the secretariat for stages 2-4.

2.2 Each Student Conduct Panel shall provide a report (on a standard pro forma) detailing cases heard and penalties (if any) given.

2.3 The Student Discipline and Complaints Officer will compile a report, for each semester, to be reviewed by relevant University officers, plus an annual summary of the penalties and actions arising from breaches of the Code. This is intended to ensure consistency and to highlight areas of concern.

2.4 Designated Officers are empowered to consider breaches of discipline occurring at stage 1.

They may impose penalties i-v listed below only and may include a discipline point in the event of a guilty verdict. Designated Officers are:

       (i) Residential Managers

       (ii) Librarian – or his/her nominee - NB may impose penalties i-vi in conjunction with Regulation 15

       (iii) Deputy Director of IT or his/her nominee – NB may impose penalties i-vi in conjunction with Regulation 15

       (iv) Head of Security

       (v) Head of School/Department or nominee

2.5 Designated Officers will consider first offences only. Any repeat offence will be considered at stage 2 or above, as appropriate.

2.6 Designated Officers will liaise closely with Planning and Academic Administration staff and will inform them of all breaches of discipline considered and the outcomes.

2.7 The Student Conduct Panel will consider breaches of the Code at stage 2.

2.8 The Student Conduct Panel will consider appeals against decisions reached at stage 1.

2.9 Student Conduct Panel membership will be drawn from a pool of people and membership for each sitting of the panel will be tailored to reflect the cases at hand. The University shall ensure that the Panel does not include anybody directly involved in the case or with the student or, if the hearing is an appeal, a Designated Officer who has already sat in judgement on the case. The panel will comprise of three members drawn from the following categories:

       i) Student representative

       ii) Academic and administrative staff drawn from across the University

       iii) A Panel Chair normally from academic and administrative staff.

2.10 The Panel will meet regularly during semester time, as needs dictate.

2.11 The Student Conduct Panel may award penalties i-vi listed below only and may award a discipline point in the event of a guilty verdict.

2.12 The Disciplinary Committee will consider breaches of the Code dealt with at stage 3.

2.13 The Disciplinary Committee will consider appeals against decisions reached at stage 2.

2.14 The Disciplinary Committee will consider all cases where the student in question has already received two discipline points.

2.15 A Disciplinary Committee shall be specifically convened as needs dictate to help ensure that serious breaches of the Code can be considered in a timely manner.

2.16 The Committee will consist of:

       i) The Pro Vice-Chancellor or other Senior Officer appointed by the Vice-Chancellor under paragraph 9 above who shall be Chair; and

       ii) three members who shall be either members of the Senate or on the electoral roll as defined in Section 1 of the Statutes, appointed by the Vice-Chancellor, such that of the four members at least one shall be female and at least one shall be male; and

       iii) the President of the Keele University Students’ Union, or his/her nominee or, in the case of a postgraduate student, the Chair of the Keele Postgraduate Association or his/her nominee. If the President of the Union or the Chair of the Keele Postgraduate Association is summoned to appear before the Committee as an accused, the Students’ Union or the Keele Postgraduate Association, may designate an officer to serve on the Committee.

2.17 The Disciplinary Committee may award penalties i-ix only and may award a discipline point in the event of a guilty verdict.

2.18 The Disciplinary Committee will report its findings to the Vice-Chancellor and make recommendations to him/her. The Vice-Chancellor shall decide whether or not to adopt the recommendations of the Committee.

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Penalties

3.1 The range of penalties includes that of exclusion and withdrawal from University facilities, including residences and withdrawal from the University. These penalties may be awarded on an incremental cumulative basis through the award of Disciplinary Points. Any student who has received three discipline points shall be considered by the Vice-Chancellor who may decide to suspend or exclude them under Statue 6.4

3.2 At stage 1 the Designated Officer may include a Disciplinary Point in the penalties applied.

This does not limit the right of the Designated Officer to exercise the full range of powers available to her/him.

3.3 At stage 2 the Student Conduct Panel may include one or more, disciplinary points to the penalties applied. This does not limit the right of the Student Conduct Panel to exercise the full range of powers available to it.

3.4 At stage 3 the Disciplinary Committee may include one or more disciplinary points in the penalties applied.

This does not limit the right of the Disciplinary Committee to exercise the full range of powers available to it.

3.5 The following represents the range of penalties available across stages 1-4

       (i) a formal reprimand; and/or

       (ii) a formal apology; and/or

       (iii) a payment in restitution; and/or

       (iv) a fine to a maximum as determined from time to time by the Council; and/or;

       (v) community service; and/or

       (vi) exclusion from or instructions related to specific University facilities, including University residences, for a period not exceeding six months; and/or

       (vii) exclusion from or instructions related to specified University facilities including University residences for a period exceeding six months or permanently; and/or

       (viii) require the student to withdraw from University residences, either permanently or for a specified period; and/or

       (ix) require the student to withdraw from the University, either permanently or for a specified period.

These provisions shall not restrict the University’s right to take legal action in appropriate circumstances.

3.6 A schedule of indicative fines will be published for guidance.

3.7 There should be a clear distinction between charges, which are meant to cover the costs (including administrative and staff time) of making good damage caused, and fines, which are punitive and should be paid towards a central account (to be used to provide a benefit to the student community). Reasonable charges will be levied by the unit in which damage was caused e.g. damage charges in halls of residence will be levied by the Accommodation Services team. Where a charge is levied the damage will be repaired or the item replaced within a reasonable timeframe.

3.8 Where reasonable endeavours fail to identify an individual as being responsible for a breach of the Code, but it is possible to limit the potential culprits to an identifiable cohort, a fine or communal charge may be imposed on all members of that cohort. Multiple fines and communal charges should only be levied following consultation with the Student Discipline and Student Complaints Officer.

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Outcomes

4.1 The Designated Officer/Panel/Disciplinary Committee considering the case has to decide on a balance of probabilities that it is more likely than not that the disciplinary offence has been committed. The Designated Officer/Panel/Disciplinary Committee making the decision should also be satisfied that there is a reasonable basis of evidence to support the conclusion that the offence has been committed, if it is drawn to that conclusion.

4.2 The outcome of a disciplinary hearing will be included on the student’s University File and will be sent to:

The student concerned.

The members of the Disciplinary Committee.

The relevant Head(s) of School.

Other relevant officers.

4.3 The letter to the students informing them of the outcome will include the penalty and any details relevant to their compliance with said penalty.

4.4 Failure to meet the terms set out for compliance with the penalty may lead to further disciplinary action, including suspension from the University until all penalties have been complied with.

4.5 The right to appeal should be included in the information sent to students.

4.6 If a student has the required grounds, they may appeal against disciplinary action taken against them. If they remain dissatisfied following their appeal, the student may submit a grievance to Council. This grievance completes the University’s internal procedures. When the process is exhausted, students who remain dissatisfied may wish to contact the Office of the Independent Adjudicator (OIA) for Higher Education, which provides an independent review of student complaints.

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Appeals

5.1 Appeals against disciplinary decisions can be made for the following reasons only:

       i) There was a procedural irregularity prior to or in the conduct of the hearing. This may include issuing a penalty that is at variance with the published schedule.

       ii) There is new evidence that can be substantiated, including extenuating circumstances, which was not known at the time, and may have affected the outcome had it been known to the Designated Officer/Panel/Committee and that there is a valid reason for not making it known at the time.

If it is clear that a prima facie case for consideration has not been established, the Student Conduct Manager may reject the case.

5.2 At stage 1 the student shall have the right of appeal against the decision of a Designated Officer to the Student Conduct Panel. Appeals must be submitted in writing to the Student Conduct Manager, within 10 days, of the date on the letter informing the student of the disciplinary outcome. The appeal shall specify the grounds of the appeal and whether it is against conviction or penalty or both.

5.3 At stage 2 the student shall have the right of appeal against the decision of the Student Conduct Panel to the Disciplinary Committee, unless it was already an appeal against the decision of a Designated Officer at stage 1. Appeals must be submitted in writing to the Student Conduct Manager within 10 days of the date of the letter informing the student of the disciplinary outcome. The appeal shall specify the grounds and whether it is against conviction or penalty or both.

5.4 At stage 3 the student shall have the right of appeal against the decision of the Disciplinary Committee to the Disciplinary Appeals Committee, unless it was already an appeal against the decision of the Student Conduct Panel. The membership of the Disciplinary Appeals Committee hearing the appeal must be different to the original Disciplinary Committee. Appeals must be submitted in writing to the Student Conduct Manager within 10 days of the date of the letter informing the student of the disciplinary outcome. The appeal shall specify the grounds and whether it is against conviction or penalty or both.

5.5 Following exhaustion of the appeals procedure, a student may submit a grievance to the University Council under the terms provided for by Statute 21(23). Grievances must be submitted within 28 days of the letter informing the student of the outcome of the appeal and must be made in writing to the Secretary to Council. Grievances can only be made on one or both of the following grounds:

       i) procedural irregularity in the conduct of the case;

       ii) there is new evidence, that can be substantiated, including extenuating circumstances, which was not known at the time, and may have affected the outcome had it been known to the Panel/Committee and that there is a valid reason for not making it known at the time.

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Timeliness

6.1 Students should be informed that they have charges to answer and should be informed of the process to be followed and their right to be accompanied and to call witnesses. Students should not normally be given less than 48 hours notice of a hearing at stage 1, 5 working days notice at stage 2 and 10 working days notice at stage 3. For stages 1 and 2 this should not normally be more than 10 working days after the University is first made aware of a possible breach of the code (not including University closed days, Bank Holidays, student vacation periods or assessment periods, but including weekends). A student may request to waive the 48 hour notice period and have their case considered by an earlier scheduled hearing.

6.2 Students found guilty of breaches of the Code within the University Library that are subject to disciplinary action and penalties will be informed of this at the time of the breach. Details of the breach will then be given to the Librarian or Deputy Director of Finance and IT within one working day of the breach for processing.

6.3 Hearings should be arranged as soon as possible after the alleged disciplinary event, taking into consideration 6.1 above and the time needed to properly prepare a case and to ensure staff and student availability.

6.4 For stages 3 and 4 it is anticipated that the need to arrange Committees will make the process slower than for other stages. However, students will be made aware of this and kept informed of progress at all times.

6.5 If the Student Conduct Panel/Disciplinary Committee expects to reach a conclusion relatively quickly following the interview of the student they should inform her or him that s/he may wait to be informed of the outcome orally. A letter confirming the outcome should still be sent, however. The letter will be sent to the postal address held on file by the University.

6.6 The decision of a Designated Officer or Student Conduct Panel should normally be issued within 5 working days of the meeting that considered the case (10 working days if the student has already been informed orally of the outcome). In cases of exceptional circumstances, the outcome may be delayed. However, students will be made aware of this and kept informed of progress at all times. This will apply to stages 1 and 2 only. Disciplinary Committee (stage 3) and Council appeals (stage 4) require the Vice-Chancellor to approve a recommendation before it is communicated to students and the timeframe for the decision should be made clear to the student.

6.7 Students found guilty of a breach of the Code within the University Library that are subject to disciplinary action and penalties will have the details of the breach, the outcome and penalties communicated to them in writing normally within 3 working days of the breach.

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