Student Disciplinary Procedure

 

11.4 Procedural Introduction

11.4.1 If we ask to meet with you due to an allegation made about your behaviour, you should seek independent advice from the Students’ Union Advice Centre (SUAC) because they have experience of supporting and advising students during disciplinary proceedings. You can be supported by one of their advisers at any stage of the disciplinary procedure but a supporter is not normally allowed to speak on your behalf.

11.4.2 The University offers support to all students involved in disciplinary investigations, should they need it. Our services are available to both the reporting and the responding party, regardless of the nature of the allegation. See section 11.6.7 for further information

11.4.3 Behaviours which break the Community Code of Conduct can be found here

11.4.4 There is an informal stage and three formal stages to the procedure:

  • Stage 0: Unintentional lapse
  • Stage 1: School-Level investigation
  • Stage 2: University-Level investigation
  • Stage 3: Disciplinary Hearing

11.4.5 You can make a report to any member of University staff and if you would like the report to be investigated via the disciplinary procedure, the staff member will be expected to share this information with the University, either the appropriate School or Registry in accordance with these procedures. If you change your mind about following a formal procedure, you can do so at any time by informing us in writing.

11.4.6 If you want to make a report about a student’s behaviour, but do not want it investigating via the disciplinary procedure, you can do the following;

11.4.7 If you do not want to make a report to the University under any circumstances, but do want to receive support or information, you can:

  • Use the Wellbeing support website to seek specific support or contact the wellbeing team for support on studentwellbeing@hud.ac.uk.
  • Access the University’s online support network at home or on campus, Togetherall. This service is available 24 hours a day.
  • Contact the Students’ Union who provide free, independent, confidential and impartial advice to everyone on their rights and responsibilities.
  • Contact Citizens Advice who provide free, independent, confidential and impartial advice to everyone on their rights and responsibilities.
  • If you require information and/or support specifically regarding sexual abuse, the University recommend you access this link for further guidance.
  • If you require information and/or support specifically regarding discrimination, the University recommend you access this link for further guidance.
  • If you require information and/or support specifically regarding hate crime and or hate incidents, the University recommend you access this link for further guidance.
  • If you require information and/or support specifically regarding bullying, the University recommend you access this link for further guidance.
  • If you require information and/or support specifically regarding harassment, the University recommend you access this link for further guidance.
  • If you are in immediate danger or require urgent support, access emergency contact information. This includes mental health services and emergency services information

 

11.5 Reporting Party

11.5.1 A reporting party can be anyone, including a member of the public, who makes a report to the University about a student’s behaviour. The reporting party is not necessarily always the person(s) directly affected by the alleged report.

11.5.2 When you make a report to the University, you should try and provide as much evidence and information as you can, which may include a statement of events and details of witnesses. If relevant to the allegation, we may contact the witnesses.. Before this disciplinary procedure is started, we may meet with you to discuss if you are still happy to engage with it. Where a report about another student has been made to us, we may still act under this procedure, even if you do not wish to or cannot  provide evidence.

11.5.3 If you have submitted evidence, once collated, you will be asked to confirm you are happy with the final information to be shared as part of the investigation before it is sent to the responding party.

11.5.4 If you make an allegation which suggests a criminal offence may have occurred, the University cannot normally make a report on your behalf. We will ask if you want to make a report to the Police and signpost you to support, if this is something you wish to pursue. If you do pursue this with the Police, we will not be able to proceed with our internal investigation until the police have finished their investigation and any criminal proceedings are completed. Section 13 provides for more information.  

 

11.6 Responding Party

11.6.1 If an allegation is made about you, you will be notified and given the opportunity to respond in accordance with these procedures. If a reporting party has submitted evidence to support the allegation, this will be shared with you 5 working days prior to any investigation meeting scheduled under the procedure. If you wish to submit supporting evidence in response to the allegation, you will have the opportunity to so 2 days in advance of the meeting. This could be for example in the form of a statement. You do not need to provide character references as evidence during the investigation, though character references might be considered when a penalty is determined if the allegation is proven.

11.6.2 If you have a disability and would like to discuss reasonable adjustments with us to take into consideration as part of the investigation process, please email studentconduct@hud.ac.uk.  

11.6.3 We acknowledge that these procedures can be difficult and as such, the support available to you is outlined below;  

  • Contact the Students’ Union who provide free, independent, confidential and impartial advice to everyone on their rights and responsibilities either by telephone 01484 473446 or email advice-centre@hud.ac.uk  
  • The Wellbeing support website to seek specific support or contact the wellbeing team for support on studentwellbeing@hud.ac.uk  
  • Access the University’s online support network at home or on campus, Togetherall. This service is available 24 hours a day 

 

11.7 Witnesses

11.7.1 If you have been identified as a potential witness, either as somebody who has witnessed the behaviour or can provide information on the allegation we may contact you to ask if you would like to provide a statement. If you do provide a statement, you will be asked to confirm you are happy to have the information shared as part of the investigation before it is sent to the responding party.

 

11.8 Precautionary Measures and No Contact Agreements

11.8.1 If we decide to impose precautionary measures on you, you may be prevented from carrying out certain activities. As part of this procedure you may also be invited to sign a no contract agreement with another student. These are explained in Section 13.  

 

11.9 Classification of Misconduct

11.9.1 We will classify the misconduct reported as either minor, major or gross misconduct. The examples of misconduct which breach the Community Code of Conduct below are there for indicative purposes only and are by no means an exhaustive list. 

Type of Misconduct Detail Examples of misconduct which breach the Community Code of Conduct
Minor Misconduct If proven, would not reasonably be expected to lead to restriction, prohibition or expulsion and can be adequately addressed through the range of penalties available within the Stage 1 disciplinary procedure.  
  • Misuse or unauthorised use of University premises or items of property 
  • Dropping litter of any description on University premises whether inside or outside buildings 
  • Smoking/vaping in unauthorised areas 
  • Misuse of a student ID card 
Major Misconduct If proven, might reasonably be expected to lead to restriction or prohibition and would be most appropriately addressed by the range of penalties available at Stage 2 or Stage 3 within the disciplinary procedure.  
  • Multiple or repeated ‘minor’ behaviours 
  • Serious infringement of University Health and Safety rules 
  • Sexual misconduct which relates to all unwanted conduct of a sexual nature. This includes sexual harassment or sexual violence. 
  • Fraud, deceit, deception or dishonesty  
  • Conduct which may be regarded as a breach of the criminal law 
  • Serious or persistent acts of bullying, harassment or intimidation 
Gross Misconduct If proven, might reasonably be expected to lead to expulsion. This is misconduct which would be considered by a Stage 3 disciplinary hearing. 

 

11.10 Deadlines

11.14.1 There are deadlines within this procedure and we expect you to keep to these unless you have compelling independent evidence to show why you could not do this. We are also expected to meet our deadlines but there will occasionally be times when we are unable to do this for good reason. If so, we will let you know why and keep you informed of progress.

 

11.11 Stage 0: Unintentional lapse

11.11.1 There will be times when students act without thinking and breach our regulations unintentionally. However, these actions may have a negative impact on or present a risk to other members of our University community. An example would be failure to comply with the University's requirements around face coverings, social distancing or self-isolation/quarantine.

11.11.2 Any student or staff member is empowered to make an initial challenge to your behaviour, if you are acting against our policies.

11.11.3 If you give a positive response to a request to behave differently, no further action will be taken.

11.11.4 If you react negatively and/or refuse to comply to a reasonable request to observe the regulations, the incident could be escalated to Stage 1 of the procedure.

11.11.5 Repeated minor breaches will be escalated to Stage 1 of the procedure.

 

11.12 Stage 1: School-level Investigation

11.12.1 The purpose of this investigation is to establish the facts as far as is reasonably possible. We will treat you fairly in the process whether you are a responding party, reporting party or witness, and will not make assumptions about whether or not the allegation is true or false.

11.12.2 The Dean (or nominee) will determine whether to deal with the matter informally, without the need for a full investigation. If a school-level investigation is required, the School will nominate an appropriately trained member of staff within your school to investigate the allegation made about your behaviour. As part of the investigation, you, the responding party will be asked to meet with the investigator, this may be more than once to ascertain as much information as possible.

11.12.3 The investigator will speak to you, the responding party, about the allegation and may speak to the reporting party or any witnesses, if necessary.

11.12.4 We will provide you with 5 working days’ notice of any meeting to discuss your behaviour and you will be able to bring a supporter with you. Please refer to the detail in section 11.8 which outlines what you can submit in advance of the meeting, and when.

11.12.5 When we invite you to meet with us, we will tell you about the allegation and provide you with a copy of any evidence that we have received. We may exceptionally need to keep the identity of the person who reported the behaviour confidential or redact the evidence but we will give you enough information so that you can respond to the allegation. 

11.12.6 We expect you to attend the meeting but if you are unable to attend for a good reason, which can be independently evidenced, and you tell us by emailing the investigator before the meeting date, we can hold the meeting at a later date. Please be aware that we are unable to indefinitely postpone a meeting and we will not usually postpone a meeting more than once.

11.12.7 If you do not tell us in advance that you are unable to attend the meeting and you do not attend, the investigator will continue with their investigation in your absence based on the information available. This will include any information you have submitted, prior to the meeting request.

11.12.8 If you tell us in advance of the meeting that you will not be attending and do not have a good reason for not attending, which can be independently evidenced, we will be in touch to rearrange, however if you choose not to meet with us or cannot make the next meeting date, the investigator will continue with their investigation in your absence based on the information available. This will include any information you have submitted, prior to the meeting request.

 

11.13 Stage 1 Outcomes

11.13.1 Once the investigator has met with you, the responding party may require additional time to conclude their investigation. We will contact you to tell you when we have concluded the investigation. This may be at the end of the meeting or soon afterwards; and within 2 working days of informing you that the investigation has been concluded, we will contact you to let you know the outcome. The possible outcomes are listed below:

11.13.2 If we decide that your behaviour has breached our regulations and this breach is considered to be major, in exceptional cases we can refer the matter to an investigation at stage 2 of the procedure.

  • No Case to Answer

    If the investigator believes there is no case to answer, we will advise you of this and confirm that the matter is concluded.

    If during the investigation you had any precautionary measures imposed, we will lift them immediately and you will receive confirmation of this.

  • Stage 1 Penalty

    If we decide that your behaviour has breached our regulations and this breach is considered minor, we can apply a penalty at Stage 1. The penalties may include but are not limited to the following:

  • A formal written warning;
  • A fine;
  • Attendance on an Awareness Course;
  • University community service;
  • No Contact Order with the reporting party and/or another student(s)
  • Conditions such as a reflective statement or voluntary work which may specify what you need to do before you can continue with your studies;
  • Payment of an amount of money to reimburse us for loss suffered including replacement of damaged equipment, repairing damage or redecorating.
  • Referral to Stage 2
  • Stage 1 penalty and/or conditions

If we decide that your behaviour has breached our regulations and this breach is considered major, we can apply a penalty at  Stage 1. The penalties may include but are not limited to the list above; you may be issued with a penalty from this list in        addition to a condition to complete before the case can be concluded.  A condition is applied when the investigator decides that a breach of the code of conduct has occurred, but they are satisfied that you have displayed an insight in your behaviour and would respond to support. The condition will be determined by the investigator and will be based upon the circumstances of the individual case. Conditions will be clearly explained so that you understand what is expected of you, and you will be asked to complete these within a reasonable timescale. The criteria for the conditions to be met will be explained to you and recorded so that the investigator can reach a decision when reviewing if the conditions have been met.  Examples of conditions may be (but not limited to):

  • To undertake a reflective piece of work on the code of conduct and/or the breach investigated
  • To complete an action plan which will set out how the matter will be managed by the School and/or any other service
  • To issue a letter of apology
  • To engage with support services such as Wellbeing
  • Referral to Stage 2 University-level investigation

If we determine that your behaviour has breached our regulations and this breach is considered to be major or gross misconduct which cannot be reasonably be addressed at Stage 1, or, the investigator has considered the completed conditions which were set at the Stage 1 meeting and determine that these have not satisfactorily been met.

 

11.14 Stage 2: University-level Investigation

11.14.1 We will nominate an appropriately trained member of staff within Registry to investigate the report made about your behaviour within 5 working days of receiving the allegation or the referral from stage 1.

11.14.2 The purpose of this investigation is to establish the facts as far as is reasonably possible. We will treat you fairly in the process whether you are a responding party, reporting party or witness and will not make assumptions about whether or not the allegation is true or false.

11.14.3 As part of the investigation, you, the responding party will be asked to meet with the investigator, this may be more than once to ascertain as much information as possible. The investigator will speak to you about the allegation and may speak to the person who reported the allegation or any witnesses, if necessary.

11.14.4 We will provide you with 5 working days’ notice of any meeting to discuss your behaviour and you will be able to bring a supporter with you. Please refer to the detail in section 11.8 which outlines what you can submit in advance of the meeting, and when.

11.14.5 When we invite you to meet with us, we will tell you about the allegation that has been reported and provide you with a copy of any evidence that we have received. We may exceptionally need to keep the identity of the person who reported the behaviour confidential or redact the evidence but we will give you enough information so that you can respond to the allegation.

11.14.6 We expect you to attend the meeting but if you are unable to attend for a good reason, which can be independently evidenced, and you tell us by emailing the investigator before the meeting date, we can hold the meeting at a later date. Please be aware that we are unable to indefinitely postpone a meeting and we will usually be unable to postpone a meeting more than once.

11.14.7 If you do not tell us in advance that you are unable to attend the meeting and you do not attend, the investigator will continue with their investigation in your absence based on the information available. This will include any information you have submitted, prior to the meeting request.

11.14.8 If you tell us in advance of the meeting that you will not be attending and do not have a good reason for not attending, which can be independently evidenced, we will be  in touch to rearrange, however if you choose not to meet with us or cannot make the next meeting date, the investigator will continue with their investigation in your absence based on the information available. This will include any information you have submitted, prior to the meeting request.

 

11.15 Stage 2 Outcomes

11.15.1 Once the investigator has met with you, the responding party, they may require additional time to conclude their investigation. We will contact you to tell you when we have concluded the investigation. This may be at the end of the meeting or soon afterwards; and within 5 working days of informing you that the investigation has been concluded, we will contact you to let you know the outcome. There possible outcomes are listed below:

  • No Case to Answer

If the investigator believes there is no case to answer, we will advise you of this and confirm that the matter is concluded.

If during the investigation you had any precautionary measures imposed, we will lift them immediately and you will receive confirmation of this.

  • Stage 2 Penalty

If we decide that your behaviour has breached our regulations and this breach is considered major, we can apply a penalty at stage 2. The penalties may include but are not limited to the following: 

  • A final written warning which means that if you breach this regulation again you are likely to be permanently excluded from the University;
  • A fine;
  • Attendance at an Awareness Course;
  • University community service;
  • No Contact Order with the reporting party and/or another student(s); 
  • Conditions such as a reflective statement or voluntary work which may specify what you need to do before you can continue with or return to your studies;
  • Payment of an amount of money to reimburse us for loss suffered including replacement of damaged equipment, repairing damage or redecorating;
  • A restriction for a period of time which may prevent you from entering campus; using our IT systems; attending placement; attending timetabled teaching sessions; entering some parts of campus including the library; being a member of a University committee or panel; or contacting named people such as other students or our staff members. We may need to inform others of this outcome to monitor compliance.
  • Stage 2 penalty and/or conditions

If we decide that your behaviour has breached our regulations and this breach is considered major, we can apply a penalty at Stage 2. The penalties may include but are not limited to the list above; you may be issued with a penalty from this list in addition to a condition to complete before the case can be concluded. A condition is applied when the investigator decides that a breach of the code of conduct has occurred but they are satisfied that you have displayed an insight into your behaviour and would respond to support. The condition will be determined by the investigator and be based upon the circumstances of the individual case. Conditions will be clearly explained so that you understand what is expected of you, and you will be asked to complete these within a reasonable timescale. The criteria for the conditions to be met will be explained to you and recorded so that the investigator can reach a decision when reviewing if the conditions have been met. Examples of conditions may be (but not limited to);

  • To undertake a reflective piece of work on the code of conduct and/or the breach investigated
  • To complete an action plan which will set out how the matter will be managed by the School and/or any other service
  • To issue a letter of apology
  • To engage with support services such as Wellbeing
  • Referral to Student Disciplinary Hearing Panel

If we determine that your behaviour has breached our regulations and this breach is considered to be gross misconduct which cannot reasonably be addressed at Stage 2, or, the investigator has considered the completed conditions which were set at the Stage 2 meeting and determine that these have not been satisfactorily met.

 

11.16 Stage 3: Disciplinary Hearing

11.16.1 You will be asked to attend a Stage 3 hearing if we believe that the allegation about your behaviour is gross misconduct and we will contact you within 5 working days of the Stage 2 decision to invite you to the hearing.

11.16.2 We will let you know by email 5 working days in advance of the hearing date:

  • The time, date and location of the hearing;
  • The members of the panel (we reserve the right to replace panel members at short notice);
  • The details of the allegation(s) and any evidence received (which may be redacted), including the investigation details;
  • A copy of this procedure.

11.16.3 We will also send this information to the panel members and the investigator who will present the case to the panel, so that everyone has been provided with the same information in advance of the hearing.

11.16.4 We expect you to attend the hearing but if you are unable to attend for a good reason, which can be independently evidenced, and you tell us by emailing StudentConduct@hud.ac.uk before the hearing date, we can hold the hearing at a later date. Please be aware that we are unable to indefinitely postpone a hearing and we will usually be unable to postpone a hearing more than once.

11.16.5 If you do not tell us in advance that you are unable to attend the hearing and you do not attend, the hearing will go ahead in your absence. The panel will make a decision in your absence based on the information available.

11.16.6 If you tell us in advance of the hearing that you will not be attending and do not have a good reason for not attending, which can be independently evidenced, the hearing will go ahead in your absence. The panel will make a decision in your absence based on the information available.

11.16.7 If you want the panel to hear your version of events, we expect you to attend the hearing. If you do not want to attend the hearing you can submit a statement to us at least 2 working days in advance of the hearing date. Please be aware that if you decide not to attend the hearing you will not able to answer any questions that the panel may want to ask you.

11.16.8 You can also submit statements from your witnesses, if appropriate, but you must ensure that these have been signed and dated by your witnesses and are sent to us at least 2 working days in advance of the hearing.

11.16.9 You should also email us at StudentConduct@hud.ac.uk to confirm the names of your witnesses at least 2 working days in advance of the hearing date. If you would like your witnesses to attend the hearing it is your responsibility to inform your witnesses of the hearing date and ensure that they can attend.

11.16.10 You should also let us know the name of your supporter, if you are bringing a supporter with you, by emailing us at least 2 working days in advance of the hearing. A supporter is not normally allowed to speak on your behalf.

 

11.17 Hearing Panel

11.17.1 There will be three members of the hearing panel. These will be:

  • A senior University staff member (Chair)
  • A member of Registry; and
  • An elected officer of the Students’ Union (or nominee).

11.17.2 Panel members will receive appropriate training before they can sit on a panel and make decisions about disciplinary matters.

11.17.3 A note taker will support the panel and will keep a record of the important points made during the hearing.

11.17.3 Other attendees who are not members of the panel may include:

  • the student;
  • the students support;
  • the investigator;
  • witnesses for the school or the student
  • a note takeer.

11.17.4 At the hearing, the Chair will explain to all attendees the process that will be followed. The investigator at Stage 2 will present the case at the hearing and both you and the Panel will have an opportunity to ask questions of the investigator. This in addition to you having the opportunity to provide your version of events to the Panel. If at any point during the hearing you are unclear about how the meeting is being conducted or have any questions, you should inform the Chair.

 

11.18 Disciplinary Hearing Outcomes

11.18.1 Once the panel has met with you, the responding party, you will be sent the outcome no later than 5 working days from the date of the hearing. However, in exceptional circumstances, the Panel may adjourn the hearing to obtain additional evidence or clarification which could also include liaising with the reporting party, which may delay the outcome. You will be advised of any delays. The reporting party will also be informed when the disciplinary matter has been concluded.

Stage 3 Outcomes

  • No case to answer

If the allegation is not upheld, then no penalty will be applied to you and we will tell you that the matter has been concluded.  If during the investigation you had any precautionary measures imposed, we will lift them immediately and you will receive confirmation of this.

  • If the allegation about you is upheld, or upheld in part, one of the following Stage 3 penalties may be applied:

If we decide that your behaviour has breached our regulations and this breach is considered gross misconduct, we can apply a penalty at Stage 3.  The penalties may include but are not limited to the following:

  • A final written warning which means that if you breach this regulation again you are likely to be permanently excluded from the University;
  • A fine;
  • Attendance Awareness Course;
  • University community service;
  • No Contact Order with the reporting party and/or another student(s); 
  • Conditions such as a reflective statement or voluntary work which may specify what you need to do before you can continue with or return to your studies;
  • Payment of an amount of money to reimburse us for loss suffered including replacement of damaged equipment, repairing damage or redecorating;
  • A restriction for a period of time which may prevent you from entering campus; using our IT systems; attending placement; attending timetabled teaching sessions; entering some parts of campus including the library; being a member of a University committee or panel; or contacting named people such as other students or our staff members. We may need to inform others of this outcome to monitor compliance.
  • Permanent exclusion from the University, which means that you will not be able to study with us at any point after your exclusion.
  • Stage 3 penalty and/or conditions

If we decide that your behaviour has breached our regulations and this breach is considered gross misconduct, we can apply a penalty at Stage 3. The penalties may include but are not limited to the list above; you may be issued with a penalty from this list in addition to a condition to complete before the case can be concluded. A condition is applied when the investigator decides that a breach of the code of conduct has occurred but they are satisfied that you have displayed an insight into your behaviour and would respond to support. The condition will be determined by the investigator and be based upon the circumstances of the individual case. Conditions will be clearly explained so that you understand what is expected of you, and you will be asked to complete these within a reasonable timescale. The criteria for the conditions to be met will be explained to you and recorded so that the investigator can reach a decision when reviewing if the conditions have been met. Examples of conditions may be (but not limited to);

  • To undertake a reflective piece of work on the code of conduct and/or the breach investigated
  • To complete an action plan which will set out how the matter will be managed by the School and/or any other service
  • To issue a letter of apology
  • To engage with support services such as Wellbeing
  • Referral back to Student Disciplinary Hearing Panel after unsatisfactory completion of conditions

If the panel are not satisfied with the completed conditions which were set at the meeting, the panel may have to reconvene to reconsider the outcome.

 

11.19 Student Disciplinary Appeal Procedure

11.19.1 We can make decisions and apply penalties at any stage of the procedure. You can appeal these decisions at each stage by completing the Disciplinary Appeal Form.doc.

11.19.2 You cannot appeal a decision to refer the matter to a later stage.

11.19.3 You must submit your completed appeal form to StudentDisciplinary@hud.ac.uk within 10 working days of the date of the outcome you are appealing.

11.19.4 If we receive your appeal after the deadline has passed and you have not provided a good reason, with independent evidence, about why your request is late we will reject your request on the basis that it has been submitted late.

11.19.5 There are four grounds for appeal and you must evidence at least one of these for your appeal to be considered:

  • You can demonstrate that a material irregularity occurred during the investigation and/or the hearing;
  • You can demonstrate that the decision maker(s) reached an unreasonable decision and/or the penalty was disproportionate or not permitted under the procedures;
  • You have extenuating circumstances which, for good reason, you could not tell us about before the decision was made;
  • That there was a bias or reasonable perception of bias in the investigation and/or the hearing.

11.19.6 If you are permanently excluded from the University and are on a student visa, we will report this to the Home Office once the appeal period has passed.

11.19.7 Once we receive your appeal and have confirmed that it was received by the deadline, we will ask an appropriately trained member of staff who has not been previously involved to review the decision. An appeal decision will be made within 20 working days from the date on which we received your request. This decision will be final.

11.19.8 If your appeal is not successful the original decision will stand.

11.19.9 If your appeal is successful, the original decision may be changed or it may stand but a different penalty may be applied.

11.19.10 If you are appealing a stage 3 hearing outcome and the reviewer decides that another hearing should be held, we will ensure that the panel contains new members who have not been involved in the previous decision. The investigator will be the same person as before. The note taker may also be the same person as before. Please note that it is the panel that makes the decision, not the investigator or the note taker.

11.19.11 The hearing will follow the procedure as set out below and the decision of the new panel will be final and will bring to an end the University’s internal procedure.

11.19.12 Once your appeal has been considered a completion of procedures letter will be issued so that you can request an independent review of the outcome.

 

11.20 OIA: Independent review of student disciplinary appeal decision

11.20.1 You can request an independent review of our final decision. You will need to send your completion of procedures letter to the Office of the Independent Adjudicator (OIA) within 12 months of the date of the completion of procedures letter.

 

 

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