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?
Precautionary actions include:
- requirement that the Reported Party and/or the Reporting Party and/or the witness(es) comply with specific conditions, for example, not contacting another student;
- limiting the use of a particular building/service;
- involvement of support personnel from Students and Education Services;
- relocation or alteration to accommodation contracts (for those students living in University accommodation);
- referral for consideration of a breach of discipline under these Regulations at whichever level is deemed appropriate;
- temporary exclusion from the University, pending the outcome of relevant due process (e.g. criminal investigations/proceedings and/or internal investigations/disciplinary proceedings described in these Regulations);
- a requirement to study by distance (where feasible), pending the outcome of relevant due process (e.g. criminal investigations/proceedings and/or internal investigations/disciplinary proceedings described in these Regulations).
approach to Police involvement?
Where matters involve or may involve criminal proceedings, the Deputy Chief Executive (Operations) can suspend the internal proceedings until such time as the criminal proceedings are complete. Where an internal procedure is suspended, the University reserves the right to undertake a risk assessment and take any subsequent action it deems reasonable, necessary and proportionate.
Where criminal proceedings are underway and it is determined that the University has a legitimate interest, students subject to criminal proceedings are obliged to keep the University informed of progress of the criminal investigation.
Should a student be convicted of a criminal offence, the University may choose to take action where matters of concern to the University have not been addressed. In this case, the conviction in a criminal court will be taken as conclusive evidence that the alleged offence has occurred and no further investigation will be required by the University.
A decision by authorities not to pursue a criminal conviction and/or an acquittal in court does not preclude the University from pursuing outstanding matters of concern to the University that have not been addressed and does not imply that reporting of the matter was vexatious or malicious.
A risk assessment will be undertaken in all cases of criminal conviction before a student is permitted to return to study and before other conditions placed upon them are lifted.
Right to be represented?
General misconduct
Yes, students may be accompanied to interviews and hearings by a friend or representative. The student will be required to give details of any friend or representative in advance. Under the policy, legal representation is unacceptable.
Academic misconduct
Yes, students have the right to be accompanied by a representative in any investigative meeting/hearing.
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
There are defined breaches which result in an immediate fixed penalty. These are set out in the relevant policies, for example, the Library Rules. The penalties for summary jurisdiction of discipline (i.e. less serious breach of the Regulations) are:
- a formal warning;
- a fine in line with published tariffs (which may be suspended in whole or in part);
- a requirement to pay for any damages or cleaning charges incurred;
- a ban from a communal area, including, for example, a College bar or University sports facility;
- confiscation of equipment or items causing unreasonable disturbance to others or damage to property;
- a requirement to submit a written apology to those affected by the breach;
- any other penalty deemed commensurate with the breach so long as this does not exceed the authority of the DLA.
The penalties for university jurisdiction of discipline (i.e. major breaches of the Regulations) are:
- a formal warning;
- a fine (which may be suspended in whole or in part);
- a requirement to pay for any damages and/or cleaning charges incurred;
- a ban from University residences or from a particular part of the University or a facility associated with the breach for a specified period;
- confiscation of equipment or items causing unreasonable disturbance to others or damage to property;
- a requirement to submit a written apology to those affected by the breach;
- a requirement to undertake relevant training and/or development (with the student paying the associated fee/charge);
- exclusion, either permanently or for a period of time, from the University;
- any other penalty deemed appropriate and commensurate with the breach.
Academic misconduct
- require the student to resit the examination in which they cheated and if deemed appropriate other examinations or units of assessment;
- award a mark of 0 or equivalent grade for the examination;
- award a mark of 0 or equivalent grade for the entire unit of assessment;
- direct that the student be awarded a classification lower than the one derived from the mark profile (after any 0 mark or equivalent grade awarded under (c) or (d) has been included);
- direct that the student be awarded no more than a Pass degree;
- in addition to one of (b) to (f) temporarily exclude the student from the University;
- permanently exclude the student from the University without a degree;
- exceptionally not impose a specific penalty, but refer the case to the appropriate board of examiners with a full statement of findings together with suggestions for appropriate action.
- specify boundaries e.g. relating to future behaviours or restrictions on contact with a named person or persons;
- require the student to change College membership and/or accommodation.
Right to appeal?
No.
General misconduct
The Reported Party may request a review of a penalty by submitting a written request for a review with all relevant details to the relevant College Principal/Professional Services Director – where that individual has not undertaken the initial DLA assessment – within five working days of the date of issue of the written confirmation. Where the College Principal/Professional Services Director undertook the initial DLA assessment, an equivalent counterpart from another College/Professional Service will make an initial decision on the request for a review. The Reported Party cannot request a review of a decision to refer.
Academic misconduct
Yes. There is a right to appeal against the judgement under the University’s Academic Appeals regulations. This is conditional upon the student fulfilling the criteria for a prima facie case for appeal. The grounds for an appeal are:
- material administrative error or irregularity in the conduct of assessment which adversely affected the student’s performance and results;
- significant exceptional circumstances which adversely affected the student’s performance and results;
- unfair treatment or discrimination, out with the exercise of academic judgement.
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. If all internal appeals and complaints procedure stages are finished and you still feel dissatisfied at the outcome of your case you have the right to take the case to the Office of the Independent Adjudicator for Higher Education (OIA), for further review. The application to the OIA must be made within 12 months of the issue of the Completion of Procedures letter after the conclusion of the last stage of each procedure.
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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