Regulation B2: Temporary Exclusion of Students

(formerly Regulation 21: Temporary Exclusion of Students)

 

Contents

  1. Risk
  2. The Temporary Exclusion Panel
  3. Available Support and Representation
  4. Appeals Against Temporary Exclusion
  5. Emergency Measures
  6. Permanent Exclusion from the University

 

1. Risk-related Measures

1.1 Where an allegation of misconduct has been made against a student, the University may impose immediate conditions on that student to ensure that a full and proper investigation can be carried out and/or to safeguard the student or others whilst the allegation is being considered under Regulation B1 Student Discipline. For example, a student may be required not to contact a named member or members of the University.

1.2 In the event that the University believes that a student presents a threat of harm to themselves, other students and/or members of the University or to University property, the University may temporarily exclude the student. Temporary exclusions are precautionary, they are not a penalty and do not indicate that the student has committed an offence.

1.3 For the purposes of this regulation, temporary exclusion is defined as a partial or total ban on attendance at the University and may include restrictions on:

i. attendance at all or some learning, teaching or assessment activities, including placements;

ii. participation in all or some University activities;

iii. attendance at or access to all or specified facilities or parts of the University (including residential accommodation);

iv. exercising the functions or duties of any office or committee membership in the University or the Students' Union;

v. contact with individuals associated with the incident being investigated;

vi. any other restriction deemed appropriate due to the incident being investigated.

1.4 Temporary exclusions will always be based upon the outcome of a formal risk assessment carried out by a Temporary Exclusion Panel. Partial restrictions as described in 1.3 above can be imposed by the Temporary Exclusion Panel. Where the risk assessment indicates that it is necessary to suspend a student from study completely or temporarily exclude them from the University completely, this must be authorised by the Deputy Vice-Chancellor or their nominee.

1.5 All temporary exclusions will be for a specified period of time or until the outcome of the disciplinary process or criminal proceedings is known.

1.6 Students enrolled on a course that requires them to undertake practical training in a professional role involving patients, pupils, clients or service users, or where the end qualification provides a direct license to practise or is a requirement for a licence to practice may also be temporarily excluded from their studies by a Health and Conduct Committee or Fitness to Practice Committee under Regulation B5 Fitness to Practice.

1.7 In each case of temporary exclusion, the student will be informed in writing of the specific restrictions placed upon them, of the timescale and manner by which the exclusion will be reviewed and of their right to appeal.

1.8 All efforts will be made, as far as is possible, to reduce the impact of any temporary exclusion on the student’s studies. Minor offences, as listed in Regulation B1 Student Discipline cannot in themselves result in a temporary exclusion from studies under this Regulation.

2. The Temporary Exclusion Panel

2.1 The Temporary Exclusion Panel will consist, as a minimum, of two members drawn from the following: the Director of Student Services or nominee, the Head of Academic Quality and Student Conduct or nominee, Pro Vice-Chancellor (Students), the Academic Registrar or Pro Vice-Chancellor (Education). In addition, the Panel may co-opt, on a case by case basis, members of the Student Services team, members of the Student Appeals, Complaints and Conduct team, Accommodation, Security Services, or other members of the University as required. A formal meeting of the Temporary Exclusion Panel will be convened. The student will be invited to attend the meeting and given at least 72 hours written notice of the date and time of the meeting. The student may give evidence and call witnesses who may or may not be members of the University in support of their case. Witnesses will only be allowed to attend the meeting by agreement of the Temporary Exclusion Panel members and their attendance is restricted to the part of the meeting set aside to hear witness statements. Notification of the names and status of any witnesses must be given to the secretary to the Panel at least 24 hours in advance of the meeting. The student is allowed to be accompanied as set out in paragraph 3.1 below.

2.2 In cases where the Temporary Exclusion Panel wants to impose a temporary exclusion from studies or a complete suspension from the University, the Panel has to make a recommendation to the Deputy Vice-Chancellor. The Deputy Vice-Chancellor will then make a decision based on that recommendation. The decision of the Deputy Vice-Chancellor will be notified to the student in writing.     

2.3 If a student is temporarily excluded, there will normally be an internal investigation of the case conducted by an Authorised Officer in line with the procedure set out in Regulation B1. Where the case is investigated by the police or is subject to criminal proceedings, the internal investigation may be postponed as set out in that regulation.

2.4 The Temporary Exclusion Panel shall review the temporary exclusion six weeks from the date that it came into effect. The student will be given the opportunity to make representation to this review, either in person or in writing. The Temporary Exclusion Panel will then review the temporary exclusion every six weeks thereafter, or earlier upon receipt of the outcome of an internal investigation, evidence of external developments or significantly altered circumstances of the student. At each review, the Temporary Exclusion Panel will make a recommendation to the Deputy Vice-Chancellor regarding whether the temporary exclusion should be lifted, modified or remain in force. The Deputy Vice-Chancellor will then make a decision based on that recommendation. The decision of the Deputy Vice-Chancellor will be notified to the student in writing.

2.5 The temporary exclusion shall normally remain in place until such time as any police investigation and/or criminal proceedings and/or any internal investigation and/or disciplinary proceedings by the University have been concluded.

2.6 Where a student who is also an employee of the University or the Students’ Union has been temporarily excluded, the Temporary Exclusion Panel will notify the Director of Human Resources and/or the Students’ Union for consideration as to whether any further action is required under their procedures. 

3. Available Support and Representation

3.1 Students have the right to be accompanied to any meeting with the Temporary Exclusion Panel. This would normally be a member of the ASK (Advice and Support at Keele) Team, a current student, an elected officer of the Keele University Students’ Union or Keele Postgraduate Association or a member of staff.

3.2 Notification of a representative from within the University as outlined in paragraph 3.1 above must be given to the Secretary of the panel at least 24 hours in advance of the meeting. Your representative may attend the parts of the meeting that you are invited to attend, even if you choose not to attend in person.

3.3 The University has the discretion to accept other supporters including legal representatives, where this is deemed necessary.  If you wish to be accompanied by an external representative you must make a formal request for consideration via the Student Appeals, Complaints and Conduct team. If your request is approved, your representative may attend the parts of the meeting that you are invited to attend, even if you choose not to attend in person. 

4. Appeals Against Temporary Exclusion

4.1 A student subject to temporary exclusion may appeal to the Vice-Chancellor. Such an appeal should normally be lodged in writing with the Vice-Chancellor within 14 calendar days from the date of the letter informing them of the temporary exclusion.

4.2 The Vice-Chancellor may accept the appeal and lift the temporary exclusion or modify the terms of the temporary exclusion or reject the appeal so that the temporary exclusion remains in force. The decision of the Vice-Chancellor will be notified to the student in writing.

5. Emergency Measures

5.1 In exceptional circumstances, where it is deemed that urgent measures are required based on a risk assessment which finds a potential threat of harm either the Deputy Vice-Chancellor, or nominee, the Director of Student Services or nominee, or the Head of Academic Quality and Student Conduct or nominee, or one or more members of the Temporary Exclusion Panel may impose a temporary exclusion on a student as an emergency measure. 

5.2 Where a temporary exclusion was the result of an emergency measure, this will be followed, within no more than 21 calendar days, by a meeting of the Temporary Exclusion Panel and the Panel will follow the process set out in paragraph 2.1 above. Following the meeting, the Temporary Exclusion Panel will make, if required by paragraph 2.2 a recommendation to the Deputy Vice-Chancellor regarding whether the temporary exclusion should be lifted, modified or remain in force. The Deputy Vice-Chancellor will then make a decision based on the recommendation from the Panel. The University will send a letter and email written confirmation to the student informing them of the decision.

6. Permanent Exclusion from the University

6.1 In rare cases, following an internal investigation under Regulation B1 or the conclusion of criminal or legal proceedings, a temporary exclusion may lead to a permanent exclusion from the University. A permanent exclusion from the University can only be imposed as a penalty following a formal review by a Discipline Committee and has to be approved by the Deputy Vice-Chancellor.