Code of Student behaviour

Policy

The Code of Student Behaviour outlines their expectations of a students’ behaviour on university premises and in the wider community. There are two types of Misconduct, General Misconduct and Academic Misconduct:-

General Misconduct

• violent, indecent, disorderly, threatening, or offensive behaviour or language;
• bullying and harassment;
• misuse or unauthorised use of University premises or items of property;
• behaviour which brings the University into serious disrepute;
• failure to provide complete and accurate information on the student application or registration form.

Academic Misconduct

• failure to comply with the General Rules for the Conduct of Examinations;
• any attempt to complete any assessment by means considered to be unfair;
• plagiarism as defined in the Examination and Assessment Regulations;
• failure to provide an electronic copy of an assessment when requested;
• the late return of equipment loaned by a Faculty or Department which is required by other students to complete an assessment; 

Disciplinary / Complaint raising Procedure

The process for dealing with Misconduct is the same for the two types of misconduct but there are different penalties for each type.

Although the university list outlines some behaviours, not all are included on it, and it can differ from case to case.

To start the disciplinary procedure, it would first be raised by speaking or writing to the relevant Authorised Person, and we are able to help you identify them.

Evidence has to be provided that misconduct could have occurred for the formal process to begin.

Disciplinary Procedure

If it is decided that misconduct has taken place, a meeting will be arranged between the student and the Authorised Person. There will be a secretary to keep notes of the meeting.

Before a disciplinary, the student will be told about the allegation against them and sent any evidence that was submitted in the start of the procedure.

Students can take someone with them to this meeting.

If a student can’t attend the meeting they should always notify the Authorised Person, who can try to rearrange. Should the student fail to attend the meeting without good reason, the Authorised Person can proceed without them. 

Disciplinary Outcomes

If it is decided, on the balance of probabilities, that the offence has not been committed by the student, a written retraction shall be issued.

If it is decided, on the balance of probabilities, misconduct has been committed by the student, the Authorised Person will decide whether it should be dealt with as a Minor Offence or a Major Offence

Minor Offences

If it is decided the misconduct is a Minor Offence the following outcomes could apply:-

• The requirement to pay for, or otherwise make good, any damage caused, or other costs incurred by the University as a direct consequence of the misconduct.
• Reprimand that can form part of the student’s permanent record.
• Temporary exclusion from the University for a period no longer than the remainder of the academic year.
• For Academic Misconduct only, reduction of the mark originally awarded.
• For Academic Misconduct only, cancellation of the assessment and the mark recorded as 0%.
• For Academic Misconduct only, cancellation of all assessment artefacts for the unit(s) and the mark for each recorded as 0%.
• Any penalty deemed reasonable in the circumstances which may include an order to apologise, the restriction of facilities or an imposed contract of conduct.
• Any combination of the penalties defined above. 

Major Offence Process

If it is decided that a Major Offence has been committed, the Authorised Person will forward this to the Academic Registrar to review.

If the Academic Registrar believes it is valid but shouldn’t be treated as a Major Offence, they will return it to the Authorised person to apply a Minor offence outcome.

If they believe a Major offence has been committed, the Academic Registrar will arrange a disciplinary panel and notify the student of this, including time and date, who is on the panel and any evidence being considered. A student can bring someone with them to the panel meeting.

At the Disciplinary meeting, the student can present their case and will be asked questions by the panel. If the student is unable to attend they can submit a written statement of case to the Academic Registrar which will be considered at the Disciplinary meeting.

Major Offence Outcomes

• Permanent exclusion from the University.
• Temporary exclusion from the University, for a period not to exceed one year.
• For Assessment Misconduct only, the cancellation of all assessment results achieved during the academic year in which the offence took place.
• For Assessment Misconduct only the limitation of marks or award that a student may achieve.
• Any penalty from those available to an Authorised Person in the minor offence outcomes
• Any combination of the penalties defined above.

Disciplinary under Fitness to Practice

If you are on a professional practice course, and it is decided that an allegation of misconduct is valid and considered a major offence, this could trigger the university’s Fitness to Practice Procedure.

You will be told if a disciplinary is being treated as a Fitness to Practice, and a panel will be called who have not had any interaction with the issue before to determine the outcome.

Appeals

The Appeal must be based on one or more of the following grounds and Only the student accused can appeal against the findings and/or against the sanctions imposed. :

• a material procedural irregularity, which might have impacted significantly on the validity of the original hearing and the subsequent penalty;
• new evidence that could not reasonably have been made available to the initial disciplinary hearing;
• that the penalty imposed by the disciplinary hearing was too severe bearing in mind the circumstances of the case and the treatment of other students in similar positions.

No matter what stage you are appealing at, a student should submit a statement of appeal within ten working days from the date printed on the Decision Notice they are wishing to appeal.

For Minor Offences, this must be sent to either the Pro Vice-Chancellor (Education and Student Experience) for academic offences or to the Chief Operating Officer for non-academic offences.

For Major Offences and Fitness to Practice cases, this must be sent to the Academic Registrar.

Minor:

The appeal will be considered with the papers from the original hearing.

Major:

The submission of an Appeal suspends the penalty until the appeal is withdrawn or an Appeal Decision Notice is issued.

If the Academic Registrar decides the Appeal is valid they will appoint a new Appeal Panel, who have not been involved with the matter. The student lodging the Appeal and the person responsible for the Allegation of Misconduct are entitled to attend this meeting.

Fitness to Practice:

The submission of an Appeal does not suspend the penalty until the appeal is withdrawn or an Appeal Decision Notice is issued.

If the Academic Registrar decides the Appeal is valid the Head of Department will appoint a new Appeal Panel, who have not been involved with the matter. The student lodging the Appeal and the person responsible for the Allegation of Misconduct are entitled to attend this meeting.

For Minor, Major and Fitness to Practice Appeals, the student will be informed of the decision in writing together with the reasons. The original decision can be retracted, amended or upheld. If the appeal is unsuccessful, the student will have completed the University’s appeal process and can take their appeal to the Office of the Independent Adjudicator for Higher Education if they are still unhappy.