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?
A student who is the subject of a complaint of serious misconduct, or against whom a criminal charge is pending, or who is the subject of police investigation may be temporarily suspended pending the outcome of the investigation, or the trial and/or disciplinary action by the University.
The power to suspend shall be exercised only where necessary to:
a) protect a member or members of the University community;
b) protect the property of the University or of a member or members of the University;
c) protect the reputation of the University;
d) avoid the repetition of the circumstances which led to the allegation;
e) prevent any disadvantage to the suspended student (e.g. where bail conditions prevent the student’s presence on campus);
f) ensure that any alleged victims or potential witnesses are not subject to interference;
g) prevent the student’s continued presence being a source of disruption to the University or any part thereof; and/or
h) facilitate a proper investigation into the alleged misconduct.
Suspension may include any or all of the following:
a) restriction of access to the University or a specified part thereof;
b) total or selective restriction on participation in University activities or access to University services (academic, residential, social or sporting facilities provided by the University) but may be permitted to sit University examinations;
c) prohibition on exercising the functions or duties of any office or committee membership in the University or the Students’ Union; and/or
d) no contact with a named person or persons.
A dedicated suspension procedure applies. Opportunities are afforded to make representations and appeal the suspension decision.
approach to Police involvement?
In cases where the alleged conduct may constitute a criminal offence if proved in a court of law the University reserves the right to refer the matter to the police. However, if a person claiming to be the victim of a serious offence committed by a student does not wish the police to be involved, that decision will normally be respected.
Where a criminal offence, or alleged criminal offence, is considered to be serious, and external police or court action is pending, the University will normally consider suspending the student from the University.
Once the police or court action has concluded, the Director of Campus Life will then decide whether disciplinary action should be taken. (Note: a serious offence is one that is likely to attract a custodial, including suspended, sentence if proved in a criminal court, or one that can be tried as a criminal offence only in the Crown Court).
Where a criminal offence, or alleged criminal offence, is considered by the Director of Campus Life to be less serious, disciplinary action may be taken, but such action may subsequently be deferred pending the conclusion of the police or court action.
Where a finding of misconduct is made and the student has also been sentenced by a criminal court in respect of the same circumstances, the court’s penalty may be taken into consideration in determining the penalty by the University.
There is a dedicated procedure for Student Criminal Offences.
Right to be represented?
General misconduct
Less serious misconduct can be considered by Summary Disciplinary Panels (“SDPs”).
A support person may accompany the student at the hearing. The student must inform the Secretary of their proposed Supporter at least two working days before the date of the hearing. The supporter role does not normally extend to having a right to make statements or ask or answer questions. As SDP hearings relate to less-serious misconduct a supporter from outside the University will not normally be permitted.
More serious misconduct is considered by a University Disciplinary Panel (“UDP”).
A student may attend the hearing with a person to accompany them for support. The student must inform the Secretary of their proposed supporter at least two working days before the date of the hearing. The supporter role does not normally extend to having a right to make statements or ask or answer questions. A request to expand the persons eligible to act as supporter at UDP hearings can be submitted to the Secretary no later than five working days before the hearing. Whether the request is accepted will be at the discretion of UDP Chair.
Academic misconduct
See above for General misconduct.
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
Less serious misconduct can be considered by SDPs.
Penalties available to the SDPs include:
- a reprimand and warning about future behaviour;
- a fine of not more than £500; and
- various requirements including for the student to undertake as to their future good conduct within the University, for the student to apologise, for the student to undertake appropriate training related to the misconduct, and for any penalty imposed to be deferred and only imposed should any future breach occur.
More serious misconduct is considered by a UDP. It has the same penalties available to it as the SDP but it is able to fine up to £1,000 and to:
- Require the student to exit the University early following a final opportunity at assessment, in order to accumulate the credits, or meet the academic requirements, for a specified exit award;
- Exclude the student from the University (or part thereof). This is a time-limited sanction which allows the student to remain a member of the University;
- Expel the student from the University, which means the student shall have their registration terminated and will lose all rights and privileges of that registration and of any future relationship with the University.
Academic misconduct
Less serious misconduct can be considered by SDPs.
Penalties include:
- a reprimand and warning about future behaviour;
- various requirements including for the student to apologise, for the student to undertake appropriate training related to the misconduct, and for any penalty imposed to be deferred and only imposed should any future breach occur;
- the examining authority will be informed the mark for the piece of work or assessment shall be reduced and a recorded mark of zero for the examination paper or other assessed work / course unit(s) in which the unfair practice occurred. Should a re-assessment/resubmission opportunity be available it will, if passed, be capped at the lowest compensatable pass mark.
There are additional penalties available for second offence cases.
More serious misconduct is considered by the UDP. Wider powers are available, including:
- a recorded mark of zero for all examination papers and other assessed word taken during the academic year;
- requiring the examining authority to reduce the class of degree by one or more classes from that which would have been awarded on the basis of the student’s academic progress, or to award a lesser qualification;
- requiring the student to exit the University early following a final opportunity at assessment, in order to accumulate the credits, or meet the academic requirements, for a specified exit award;
- requiring a student to repeat a component, or components, of their studies, with or without attendance, in a subsequent academic year;
- excluding the student from the University (or part thereof). This is a time-limited sanction which allows the student to remain a member of the University;
- Expelling the student from the University, which means the student shall have their registration terminated and will lose all rights and privileges of that registration and of any future relationship with the University.
Right to appeal?
Yes.
General misconduct
For matters considered by the SDP:
- Must be submitted within 10 working days of the date on which written notification of the SDP decision was sent to the student;
- Relevant grounds:
- procedural irregularity in the operation of the disciplinary process of such a nature as to cause reasonable doubt as to whether the decision of the SDP might have been different had the irregularity not occurred;
- availability of new evidence which could not reasonably have been expected to be presented at an earlier stage;
- the disproportionate nature of the penalty.
The same grounds apply for appeals of decisions made by the UDP. Such appeals must be submitted within 10 working days of the date on which written notification of the UDP decision was sent to the student.
Academic misconduct
Same as for general misconduct.
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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