The University of Huddersfield Students’ Regulations

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September 2006 edition

Section 8

Student Disciplinary Procedures

Introduction
1. These procedures have been approved by the University Council in accordance with the provisions of the Articles of Government.
2. These procedures will be invoked for dealing with formal complaints about those areas of student behaviour that fall outside the scope of other procedures which cover the use of the University’s computing and library facilities and misconduct in assessment and examinations.
3. The existence of these procedures is not intended to discourage the practice of dealing with less serious complaints informally.
4. The University expects its students to behave responsibly. Actions which constitute improper interference, in the broadest sense, with the proper functioning or activities of the University or with those who work or study in it and actions which otherwise damage the University may be deemed misconduct under this code.
5. The following are examples of behaviour that may constitute misconduct, this is not an exhaustive list:
  1. disruption of, or improper interference with, the academic, administrative, sporting, social or other activities of the University, whether on University premises or elsewhere
  2. improper interference with, the functions, duties or activities of any student or member of staff of the University or of any authorised visitor to the University
  3. violent, indecent, disorderly, threatening or offensive behaviour whilst on University premises or engaged in any University activity
  4. fraud, deceit, deception or dishonesty in relation to the University or its staff or in connection with holding any office in the University or in relation to being a student of the University
  5. breach of professional conduct
  6. action likely to cause injury or impair safety on University premises
  7. sexual, homophobic or racial harassment of any student or member of staff of the University or of any authorised visitor to the University
  8. breach of any University regulations which a student is deemed to have accepted as a condition of enrolment
  9. damage to, defacement of, or theft of, University property or the property of other members of the University community caused intentionally or recklessly, and misappropriation of such property
  10. misuse or unauthorised use of University premises or items of property
  11. conduct which constitutes a criminal offence where that conduct
    - took place on University premises
    - affected or concerned other members of the University
    - damages the good name of the University
    - itself constitutes misconduct within the terms of this Code
    - is an offence of dishonesty, where the students holds an office of responsibility in the University
  12. behaviour which brings the University into disrepute
  13. failure to disclose name and registration details to an officer or employee of the University in circumstances when it is reasonable to require that such information be given
  14. failure to comply with a previously-imposed penalty under this Code.
6. In cases where the alleged misconduct would also constitute an offence under the criminal law if proved in a court of law the following procedures shall apply:
  1. where the offence under the criminal law is considered not to be serious, action under the Code may continue, but such action may be deferred pending any police investigation or prosecution
  2. in the case of all other offences under the criminal law, no action (other than suspension or exclusion pursuant to 4 below) may be taken under this Code unless the matter has been reported to the police and either prosecuted or a decision not to prosecute has been taken, at which time the Vice-Chancellor may decide whether disciplinary action under this Code should continue or be taken
  3. where a finding of misconduct is made and the student has already been sentenced by a criminal court in respect of the same facts, the court’s penalty shall be taken into account in determining the penalty under this Code.
7. The Vice-Chancellor may delegate his or her powers under this Code to a nominee either generally or in respect of a particular case
Submission of Complaints of Misconduct
1. Complaints of misconduct either by one student against another or by a member of staff against a student, should wherever possible be dealt with informally by consultation between the persons concerned.
2. A formal complaint about behaviour of the kind described in 1.5 above may be made by any member of the University or person(s) responsible for a professional practice placement. The complaint must be made in writing and must be lodged with the Dean of the School which administers the course on which the student who is the subject of the complaint is enrolled.
Procedures for dealing with Complaints of Misconduct
1. The Dean in receipt of a complaint may decide that informal procedures ought to be followed in the first instance and may rule that the complaint be dealt with accordingly. Such a ruling shall not preclude informal action by way of a caution if appropriate.
2. In order to establish and record facts:
  - which may be relevant to a decision as to whether or not the formal procedure should be followed
  - which may assist a tribunal convened under paragraphs 3.3 or 3.4
  the Dean may arrange for an investigation to be carried out by a member of staff who has no previous involvement with the case. Where the complaint involves breach of professional conduct, the Dean must ensure that the investigation team includes member(s) with the relevant professional expertise. The results of the investigation will be made available by the Dean to the student who is the subject of the complaint and to the complainant. This will be done, where the formal procedure is to be followed, not later than the date on which notice of the hearing date is given.
3. Where the Dean, on the advice of the Head of Registry, considers that, subject to the provisions of 1.6 above, the formal procedure must be followed and that an appropriate sanction, should the complaint be upheld, would be either a formal warning or a suspension of no more than two weeks, or a fine of up to £100 to compensate for damage to, or theft of, property, the complaint will normally be heard by a tribunal consisting of the Dean (chair), the School Administrator (convener) and a sabbatical officer of the Students’ Union. Where the complaint involves breach of professional conduct, the tribunal will also include the University’s Designated Senior Professional in the subject and an external adviser from the appropriate professional area. The Designated Senior Professional is the delegated person who is the official correspondent on matters of professional regulation in Nursing and Midwifery.
4. Where the Dean considers that, subject to the provisions of 1.6 above, the formal procedure must be followed and that an appropriate sanction, should the complaint be upheld would be a fine exceeding £100 and/or suspension for more than two weeks, or expulsion, the complaint will be referred at once to the Vice-Chancellor and will be heard by a tribunal consisting of the Vice-Chancellor (Chair) or nominee, the Head of Registry (convener) and a sabbatical officer of the Students’ Union. Where the complaint involves breach of professional conduct, the tribunal will also include the University’s Designated Senior Professional in the subject and an external adviser from the appropriate professional area. The overriding principle to be taken into account by such a tribunal is action by the student which contributes any risk to the service users, other members of the public or service providers, or deemed not ‘fit to practise’. In addition to the above mentioned sanctions should the complaint be upheld, the tribunal may determine that the student be excluded from the professional course but may be allowed to continue as a student at the University on an academic course.
5. In determining whether alleged misconduct should be dealt with under the provisions of 1.6 above the Dean may take advice from the University’s Legal Assistant.
6. A tribunal convened under either 3.3 or 3.4 above will normally meet within fifteen working days of receipt of the complaint. The student will be supplied with a copy of the complaint and will be entitled to appear before the tribunal accompanied by one other person, who has the right to speak. Notification of the date of the tribunal will be forwarded to the student at least five working days in advance of the meeting.
Suspension and Exclusion pending a hearing
1. A student who is the subject of a complaint of misconduct or against whom a criminal charge is pending or who is the subject of police investigation may be suspended or excluded by the Vice-Chancellor or deputy pending the disciplinary hearing or the trial.
2. When the Vice-Chancellor has delegated the power under this section, a full report shall be made to the Vice-Chancellor of any suspension or exclusion under this section.
3. - Suspension involves a total prohibition on attendance at or access to the University and on any participation in University activities; but it may be subject to qualification, such as permission to attend for the purpose of an examination.
  - Exclusion involves selective restriction on attendance at or access to the University or prohibition on exercising the functions or duties of any office or committee membership in the University, the exact details to be specified in writing.
4. Suspension shall be used only where exclusion from specified activities or facilities would be inadequate.
5. An order of suspension or exclusion may include a requirement that the student should have no contact of any kind with a named person or persons.
6. Suspension or exclusion pending a hearing shall not be used as a penalty. The power to suspend or exclude under this provision is to protect the members of the University community in general or a particular member or members and the power shall be used only where the Vice-Chancellor is of the opinion that it is urgent and necessary to take such action. Written reasons for the decision shall be recorded and made available to the student.
7. No student shall be suspended or excluded unless he or she has been given an opportunity to make representations in person to the Vice-Chancellor. A student who makes representations in person may be accompanied by a friend, who will have the right to speak on the student’s behalf. Where for any reason it appears to the Vice-Chancellor that it is not possible for the student to attend in person, he or she shall be entitled to make written representations.
8. In cases of great urgency, the Vice-Chancellor or deputy shall be empowered to suspend a student with immediate effect, provided that the opportunities mentioned in 4.7 above are given and the matter reviewed within five days.
9. A decision to suspend, or exclude from academic activities associated with the student’s course of study shall be subject to review, at the request of the student, where it has continued for two weeks. Such a review will not involve a hearing or submissions made in person, but the student shall be entitled to submit written representations. The review will be conducted by the Vice-Chancellor where the decision to suspend or exclude has been made by someone else, and by three members of the University Council (including at least one academic member and one lay member) where the decision has been made by the Vice-Chancellor.
10. The Vice-Chancellor or other person who took the original decision shall review the suspension or exclusion every two weeks in the light of any developments and of any representations made by the student or anyone else on his or her behalf.
Conduct of tribunals
1. Unless there is good reason to the contrary the proceedings of a tribunal will be conducted as follows:
  1. the presentation of evidence by the complainant, which may include the calling of witnesses
  2. the questioning of the complainant and/or the witnesses either by the student who is the subject of the complainant or by the student’s friend
  3. a presentation by the student who is the subject of the complaint or by the student’s friend, which may include the calling of witnesses
2. Members of the tribunal may ask questions of any person who appears before them at any stage of the proceedings.
3. The tribunal will consider the evidence and reach its conclusion in private and will inform the parties of its decision in writing within ten working days.
4. A hearing may be postponed, for no more than three working days, if a student who is the subject of a complaint can show good reason for not being able to attend at the time originally specified. However, the failure of a student to attend a hearing will not preclude a tribunal from reaching a decision or from imposing a penalty if it deems fit.
Requests for review of decisions reached by tribunals
1. A student who has been the subject of a complaint may request a review of a decision reached by the tribunal. Such a request must rest on the grounds either that the hearing was not conducted fairly or that there is new evidence which ought to be taken into account. A request for a review of a decision reached by the tribunal must be made within 10 working days of the tribunal.
2. In the case of the tribunal convened under 3.3 above, the request must be addressed to the Head of Registry and in the case of a tribunal convened under 3.4 above, it must be addressed to the Vice-Chancellor. The person to whom the request is addressed will conduct such enquiries as seem appropriate and will determine within ten working days whether the request be upheld. Where a request is upheld, the tribunal will be advised of the grounds on which this has been done and will be required to review its decision.
3. Disagreement with the severity of a sanction imposed by a tribunal will not of itself constitute grounds for a review.