Student Disciplinary Policy

Misconduct is defined as behaviour that disrupts School activities, negatively impacts individuals working or studying at the School, or damages the School’s reputation. Disciplinary action may be taken for misconduct occurring in any context, including field trips, placements, online platforms, or on social media.

All reports of potential misconduct, whether occurring on or off School premises, must be directed to the Director of Student Services. This includes instances involving individual students or groups of students; in the case of groups, their cases may be addressed collectively in a single process or panel hearing. Reports should be submitted either in person or in writing to the Director of Student Services or any School staff member, who will ensure the report is forwarded appropriately. An acknowledgement of receipt will be sent via email within 5 days. The Director of Student Services will initially handle the matter.

The School is dedicated to maintaining fairness and ensures that all students receive a thorough and impartial review of disciplinary reports. This includes providing access to relevant information and the opportunity for students to respond to the allegations. 

The Director of Student Services is responsible for coordinating all reports of student misconduct. Based on the severity of each case, they will either manage it directly or delegate it as appropriate.

Per below, major misconduct cases will then be referred to the Student Disciplinary Panel for further consideration. If a report involves behaviour that may constitute a criminal offence, the Director of Student Services will also notify the police.

The Director of Student Services will maintain a register of all student misconduct reports and the outcomes of Disciplinary Panels. This record will be kept for the duration of the student’s enrolment and deleted twelve months after their departure or graduation. Full access to this register is restricted to the Director of Student Service sand the Executive Committee. Other senior staff may be granted limited access on a case-by-case basis.

Upon receiving a complaint, the Director of Student Services will assess its severity. Depending on this assessment, they will either act as the Investigating Officer or delegate this role to another School staff member. The designated Investigating Officer will meet separately with the reporting party and the student involved, typically within 14 days, to establish key facts. Additional meetings with other witnesses or relevant School members may be arranged as necessary.

The Investigating Officer will be accompanied by a note-taker during each meeting, ensuring accurate records are kept. These notes will be sent to the interviewees for review and confirmation. The student involved in the complaint is generally expected to attend meetings in person and may be accompanied by a School member or a Students' representative. In exceptional circumstances, attendance via video call may be arranged.

If other evidence is available, such as CCTV footage, photographs, emails, or social media posts, it will be included in the investigation. The Investigating Officer will then compile an investigation report, clearly outlining the facts of the case. This report, along with any outcomes, will usually be completed within 21 days of the initial complaint.

If the outcomes and sanctions fall within the Investigating Officer’s jurisdiction as outlined in Appendix B, they will immediately impose the sanctions and inform the student both verbally and in writing. However, if the misconduct is considered 'major' or if the outcomes exceed the Investigating Officer’s authority, the case will be referred to the Student Disciplinary Panel.

If an allegation of misconduct is considered a major offence or falls outside the Investigating Officer's authority as outlined in Appendix B, a School Disciplinary Panel will be convened. The following steps will be followed:

1. Panel Convening: The Director of Student Services will schedule the Disciplinary Panel to meet within 30 days of receiving the misconduct report. The Director will also assign another member of staff to take minutes during the meeting.

2. Document Distribution: At least seven days before the meeting, the Director of Student Services will ensure that all relevant documents, including the investigation report and evidence, are provided to the Panel and the student involved.

3. Panel Composition: The Panel will consist of the following members, approved by the Director of Student Services:

   • A programme leader acting as Chair.
   • Member of Student Success Team acting as Secretary.
   • One academic staff member who has not taught the student.
   • One student member nominated by the student facing the allegation.

4. Student Attendance: The student will typically be required to attend the meeting in person and may be accompanied by a companion or adviser from the Students' Representative. In exceptional circumstances, attendance via video call may be permitted.

5. Companion Role: The student’s companion may ask questions and address the Panel but cannot respond to questions on behalf of the student.

6. Proceeding in Absence: If the student fails to attend the meeting, the Panel may proceed in their absence, provided that notice of the hearing was properly given.

7. Witness Testimony: The student may call witnesses, but must provide seven days' notice and arrange for their attendance. Witnesses will only be permitted to join via video call in exceptional cases.

8. Review of Evidence: The Panel will review all evidence, including presentations from the Investigating Officer and the student. Witnesses may be called to support either the allegation or the student’s defence.

9. Decision Making: The Panel will consider the circumstances and evidence presented. The student’s previous disciplinary history will not be considered until the Panel needs to decide on an appropriate penalty.

10. Communication of Outcome: The Panel's decision, including any sanctions, will be communicated to the student in writing within seven days of the meeting. The reasons for the selected penalty, including any mitigating factors, will also be provided.

11. Confidentiality: While the Reporting Party may be informed that disciplinary action has been taken, the specifics of any sanctions will remain confidential.

12. Implementation and Recording: The Director of Student Services will ensure that the sanctions are implemented and that the case is recorded in the School's misconduct database.

13. Executive Committee Notification: A summary of the hearing's outcome will be sent to the Executive Committee, which may arrange a further meeting with the student to discuss any support needed and the impact on the student’s course of study.

In all cases, appeals may be submitted under the following circumstances:

• A significant procedural error or failure occurred during the original investigation or hearing.
• Evidence of bias or prejudice was present during the investigation or hearing.
• New material evidence has emerged since the original decision by the Investigating Officer or Disciplinary Panel.
• The penalty imposed is deemed excessive or unreasonable.

A. Appeals Against Investigating Officer's Decision:

Students wishing to appeal a decision made by an Investigating Officer must submit a written appeal to the Chair of the Executive Committee within 14 days, clearly stating the grounds for the appeal. The Chair will review the evidence and assess whether the decision or sanction is appropriate. If the sanction is deemed appropriate, the Chair will inform the student by email within 14 days that the original outcome stands and that the appeal is unsuccessful. If the sanction is found to be excessive or inappropriate, the Chair will amend it and notify the student and Investigating Officer accordingly via email within 14 days.

B. Appeals Against Disciplinary Panel's Decision:

Students wishing to appeal a decision made by a Disciplinary Panel must email the Chair of the Executive Committee within 14 days of the decision, specifying the grounds for appeal. The Chair will evaluate whether the appeal is based on valid grounds. If no valid grounds are found, the appeal will be dismissed. If valid grounds are identified, the appeal will be referred to another member of the Executive Committee (excluding the Director of Student Services) for further review. This member will decide whether the appeal is upheld and, if so, whether the disciplinary charges should be dismissed or reconsidered by another Disciplinary Panel or relevant officer. The student will receive the decision by email within 14 days, with a copy sent to the Director of Student Services.

Final Appeal to Independent Adjudicator:

When the internal disciplinary process is complete and there are no further internal steps available, the School will issue a Completion of Procedures Letter. If the student remains dissatisfied, they may submit a complaint to the Office of the Independent Adjudicator for Higher Education (OIA). Students must make their complaint to the OIA within 12 months of the date of the Completion of Procedures Letter. Information about the OIA Scheme is available here: https://www.oiahe.org.uk/students. Information about Completion of Procedures Letters is available here: https://www.oiahe.org.uk/providers/completion-of-procedures-letters.

Confidentiality will be maintained for information disclosed during or resulting from disciplinary proceedings. Students on professional programmes should be aware that investigation findings may be communicated to their professional body and may be subject to local Fitness to Study procedures. Staff and students are encouraged to raise concerns in good faith without fear of recrimination. The Director of Student Services will securely retain records of all disciplinary cases according to the School’s policies. The School will collect aggregated data on student disciplinary cases and report to the Academic Board and Board of Governors regularly to ensure policy effectiveness.

Examples of misconduct include:

1. Disrupting or improperly interfering with academic, administrative, sporting, social, or other School activities, whether on School premises or elsewhere.
2. Obstructing or improperly interfering with the functions or duties of students, staff, other employees, or authorised visitors.
3. Physical misconduct such as violent, indecent, disorderly, threatening, or offensive behaviour or language (oral, written, or electronic) on School premises or during School activities.
4. Sexual misconduct, including rape, sexual assault, and unwanted sexual advances or touching.
5. Making unauthorised recordings of academic activities, including lectures.
6. Distributing or publishing offensive, intimidating, threatening, indecent, or illegal information that causes fear, anxiety, or apprehension.
7. Fraud, deceit, or dishonesty related to the School, its staff, holding any office, or being a student.
8. Actions likely to cause injury or impair safety on School premises.
9. Possession of firearms or replicas, or items that could be used as offensive weapons on School premises, including residence halls, regardless of licensing status.
10. Personal use, dealing, or supplying of drugs.
11. Breaching or failing to comply with School Regulations, Procedures, or Policies, including Health & Safety and Equality & Diversity Policies.
12. Harassment or discrimination based on sex, race, or disability towards any member of the School community or visitors.
13. Breaching the School's Freedom of Speech Policies or other School rules.
14. Intentionally or recklessly damaging or defacing School property or the property of the School community, or misappropriating such property.
15. Misusing or unauthorised use of School premises or property, including computer misuse.
16. Conduct that constitutes a criminal offence if it:
    • Occurs on School premises,
    • Affects or concerns other members of the School community, or
    • May harm the School’s reputation.
17. Behaviour that brings the School into disrepute.
18. Failure to cooperate in a disciplinary investigation, including not disclosing relevant information when reasonably required.
19. Non-compliance with a previously imposed penalty under these regulations.
20. Behaviour inconsistent with being a member of the School community and/or the School’s values.

An Investigating Officer may impose the following sanctions summarily:

• Formal warning
• Written apology
• Fines of £50 to £250
• Cost of repairing damage
• Temporary suspension from using specific School premises, facilities, or attending School events
• Restrictions or conditions

A Student Disciplinary Panel may impose all of the above sanctions and additionally:

• Unlimited fines
• Withdrawal of facilities (e.g., computing or library access) for a specified period
• Compensation for injury or property damage
• Conditions that, if breached, will be considered misconduct
• Suspension or exclusion from the School or any part of its premises, either temporarily or permanently