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University of Birmingham

Each university has its own distinct set of disciplinary policies and procedures. Please use the links below to reveal the information of interest.

Links to procedures and policies

 

Precautionary / interim measures?

For serious disciplinary offences, the University may with immediate effect:

(i) temporarily suspend the student from their programme of study; and/or

(ii) temporarily restrict the student’s access to, or use of some or all of the University facilities; and/or

(iii) temporarily restrict the student from entering the whole or any part of the University premises or property; and/or

(iv) temporarily prevent the student from attending or participating in events or social activities connected to the University.

 

Approach to police involvement?

Police investigations will normally take precedence over a University investigation, which would be suspended until the conclusion of the police investigation and any subsequent legal proceedings.

Regardless of whether or not the incident is investigated by the police and/or results in a conviction, the University will review the incident and determine whether any disciplinary action should be taken.

 

Right to be represented?

General misconduct 

The student may be accompanied by a member of staff, a registered student, a Sabbatical Officer or Guild Advisor of the Guild of Students who can speak for the student at the hearing but cannot answer questions on behalf of the student except with the express of agreement of the Chair.

A student who is registered on a Fitness to Practise programme may be legally represented.

Academic misconduct

The student may only be accompanied by a member of staff, a registered student, a Sabbatical Officer or Guild Advisor of the Guild of Students.

N.B. Even where universities state that legal representation is not permitted, we have often successfully argued that students ought to be in accordance with the principles of natural justice.

 

Penalties?

General misconduct

One of the following sanctions may be imposed:

a) a formal written warning; 

b) Community Service (with the student’s consent);

c) a fine;

d) restrict the student from accessing specified University premises, services or facilities, including attending or participating in events or social activities connected to the University for a specified period;

e) to suspend the student temporarily from attending placement for a specified period or until the Committee is satisfied that the student’s fitness to practise impairment has been remediated (option available for Fitness to Practise cases only);

f) suspend the student from the University for a specified period, not exceeding one year;

g) withdrawal of the student from the Programme (option available for Fitness to Practise cases only);

h) withdrawal of the student from the University, with an award;

i) withdrawal of the student from the University, without an award.

Academic misconduct

There are a range of penalties depending on whether the student is on taught programmes of study or a postgraduate research student.

 

Right to appeal?

Yes.

General misconduct

An appeal must be submitted within 15 working days from the date the Outcome Report was sent to the student under one or more of the following grounds:

a) the sanction is disproportionate to the offence;

b) a procedural irregularity;

c) relevant new evidence which was not available at the time of the initial hearing; and

d) the outcome is disproportionate to the fitness to practise impairment that needed addressing (for students registered on Fitness to Practise programmes only).

Academic misconduct

A student can appeal in writing within 15 working days against the decision of the College Misconduct Committee, specifying one of the following grounds of appeal:

a) the sanction is disproportionate to the offence;

b) a procedural irregularity;

c) relevant new evidence which was not available at the time of the initial hearing;

d) the outcome is disproportionate to the fitness to practise impairment that needed addressing (for students registered on Fitness to Practise programmes only).

 

 

Member of the Office of the Independent Adjudicator (“OIA”) Scheme?

Yes – this means that you could potentially complain to the OIA once you have exhausted the University’s internal procedures.

 

Contact our Student & University lawyers:

If you require further information or advice from our team of specialist lawyers, please contact a member of the team using one of the methods below. 

This information was drafted in the months leading up to September 2023. It does not constitute legal advice. As University policies are updated from time-to-time, the information on this page may contain some inaccuracies and you should always check your University’s resources and/or seek legal advice where appropriate.

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