University of Liverpool

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

• General misconduct
• Academic misconduct

 

Precautionary / interim measures?

A Risk Assessment Panel will be convened where it emerges that there are circumstances involving a student or students which suggest that a formal evaluation is needed of the risks associated with the situation, for their own health, safety and/or wellbeing and/or that of others, the wider University community, in the interest of public safety or the reputation of the University or an external partner or agency and/or its proper functioning and/or activities.

Situations which are likely to require a formal Risk Assessment Panel to be convened (although this does not constitute an exhaustive list) are:

• A student has declared or the University has been made aware that they are subject to a police investigation, an arrest, conviction, caution or reprimand which requires further examination and evaluation.

• A report has been received of serious misconduct of a student which suggests that they could pose a risk to others.

• A concern is raised by an Investigating Officer, during an investigation into an allegation of misconduct under the Student Conduct Procedure that the circumstances being investigated suggest that a student poses a risk to others, themselves or the disciplinary process.

  As well as imposing a temporary suspension from studies other potential outcomes are:

• Instruction to the Director of IT Services that the student’s access to the University’s IT facilities be suspended temporarily;

• Instructions to the student’s Head of Department or Head of School that specific measures are put in place in the student’s programme of study, which might include adjustments to timetabled activities, field trips, placements, or access to specific spaces;

• Requirements and/or conditions on the student in relation to action to be taken or restrictions on access to specific spaces or contact with specified persons;

• A requirement that the student is not permitted to represent the University in a paid or unpaid capacity until the investigation has concluded. This could include employment by the University on a contractual or casual basis, holding positions in University sports clubs, representing the University in sporting or other events, or voluntary roles such as student ambassador;

• Recommending that the Guild of Students consider whether the student should continue to hold a role in Guild clubs or societies. The Guild will then follow their own procedures to decide if they will impose this restriction;

• Specific requirements and/or conditions on the student in relation to provision of further information and/or documentation including formal court documents;

• Instructions to the Head of Accommodation for specific measures to be put in place at the student’s Halls of Residence including a move to alternative accommodation;

• Referral to the Student Conduct, Complaints and Compliance Team for formal disciplinary investigation under the Student Conduct Policy;

• A temporary suspension or termination from residing in University Accommodation as per the terms of the Student Accommodation Licence.                                                        

 

Approach to police involvement?

Students are required to declare to the University if they subject to a police investigation, an arrest, conviction, caution or reprimand or charged with any criminal offences including local resolution dealt with by the Police. The acquisition of a criminal record during their studies may lead to formal disciplinary action taken by the University under this Policy and its Procedure.

If a student is convicted of a criminal offence through any country’s criminal justice system, the University may initiate disciplinary proceedings based on the conduct or behaviour that the student has been found to have committed. A Risk Assessment Panel will consider the impact and effect of the criminal offence to determine the Policy (if any) to be followed by the University.

Where a student is accused of a disciplinary breach that may also constitute a crime under UK legislation, the University will only investigate the alleged disciplinary breach.

In circumstances where the University judges that there is sufficient risk to members of the University community or the public, referral to the Police may occur without the consent of the reporting party.

 

Right to be represented?

General misconduct and academic misconduct

Students are not permitted to bring legal representation to a University Disciplinary Hearing. Students are, however, entitled to seek legal advice at their own expense and their statements can be compiled on their behalf by persons legally qualified.

The reporting and responding student are entitled to be accompanied at the hearing by one other person acting as their friend. A student who wishes to be accompanied, must inform the person arranging the hearing at least 5 working days before the hearing date and provide contact details of the accompanying person to be included in the circulation of the papers.

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 and academic misconduct

The University categorises breaches of the Student Conduct Policy by consideration of the severity of the breach and the appropriateness of certain sanctions to certain types of breach. The list of misconduct breaches and indicatives sanctions can be found here at paragraph 7.

Category 1 breaches are likely to be dealt with under Local Disciplinary Action procedures and may warrant the following sanctions:

• A formal reprimand;
• A formal warning;
• A fine, not exceeding £200 (which will normally be a suspended fine for a first breach);
• A requirement to make a written apology to any party concerned;
• A requirement, in the event of non-accidental or wilful damage to or loss of property, that such damage or loss be made good, either in whole or in part, limited to a total value of £1500;
• Withdrawal of access to specific University services or facilities or specific University premises (particularly any services, facilities or premises abused by the responding student) for a period not exceeding one month;
• Requirement to remove material published either in hard copy or electronically which is deemed to be inappropriate;
• Such other penalty as may be deemed appropriate, provided that the penalty is both proportionate and relevant to the breach.

Category 2 breaches are likely to be considered by the University Disciplinary Panel and may warrant the imposition of one or more of the following sanctions:

Appropriate Category 1 sanctions; and in addition:

• Mandatory attendance at a workshop or course* within a specified period, at the student’s expense;
• Restorative action such as a reflective statement or project*;
• Restricted ability to contact the complainant, where the complainant is a student or member of staff at this University;
• Requiring that the student does not represent the University in a paid or unpaid capacity for a specified period. This could include employment by the University on a contractual or casual basis**, holding positions in University sports clubs, representing the University in sporting or other events, or voluntary roles such as student ambassador or similar;
• Recommending that the Guild of Students consider whether the student should continue to hold a role in Guild clubs or societies;
• Such other penalty as may be deemed appropriate, provided that the penalty is both proportionate and relevant to the breach.

Category 3 breaches will be considered by the University Disciplinary Panel and may warrant the imposition of one or more of the following sanctions:

• Appropriate Category 1 and 2 sanctions;
• Suspension or permanent debarment from facilities or services provided by the University or from specific University premises;
• Suspension from studies;
• A delay to graduation;
• Termination of studies, with or without the right to an exit award and with or without the right to re-register for any further award of the University of Liverpool;
• Restrictions on who the student may approach to provide an academic reference.

 

Right to appeal?

Yes.

General misconduct and academic misconduct

Any appeal must be submitted in writing to the Director of Student Experience and Enhancement, with a copy to the Advisor to the Board of Appeal, within ten working days of receipt by the student of the outcome letter.

Where the responding or reporting student submits an appeal against the finding of the University Disciplinary Panel the grounds on which such an appeal may be submitted are as follows:

a) That new information exists which, for good reason, was not available at the time of the University Disciplinary Hearing and which could have had a material bearing on the finding itself;

b) That there were material irregularities in the conduct of the University Disciplinary investigation and/ or hearing.

Where the responding student submits an appeal against the penalty imposed by the University Disciplinary Panel, the grounds on which such an appeal may be submitted are as follows:

a) That new information exists which, for good reason, was not available at the time of the meeting of the University Disciplinary Panel and which could have ordinarily been considered, in mitigation, by the University Disciplinary Panel, when it determined the penalty imposed;

b) There is compelling evidence that the penalty imposed was disproportionate to the offence.

Where reporting student submits an appeal against the penalty imposed by the University Disciplinary Panel, the grounds on which such an appeal may be submitted are as follows:

a) The reporting student believes that the Panel ignored their request to apply a specific penalty in order to ensure they can safely carry out their day to day activities;

b) There is compelling evidence that the penalty imposed was disproportionate to the offence.

 

 

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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