What are the disciplinary actions?

GENERAL PROVISIONS

1. Definitions

• "Caution" means officially note that an allegation that a student violated a section of these Regulations was supported by clear, convincing, and reliable evidence, and that the violation shall be documented in the student's file maintained by the Secretary to the Student Disciplinary Board. The record of cautions will be expunged from the student’s file after 18 months if no further disciplinary action has been taken during that
• “Colleges” means Digby Stuart College, Froebel College, Southlands College and Whitelands
• "Days" do not include weekends or holidays as recognised by the University calendar.
• “Disciplinary Officers” are the individuals defined in section 11(a) and carry the responsibilities defined in these
• "Disciplinary record" means the record that is retained by the Secretary to the Student Disciplinary Board concerning violations of these
• "Dismissal" means the termination of all of a student's rights and privileges as a student, including their registration at the University, with no possibility of re- admission, for a specified period of time not exceeding two
• "Exclusion" means the withdrawal of specified or of all privileges relating to the student's use of, and access to, specified parts of the University or College property. A student who is excluded may enter campus on appointment for specified meetings with the prior written approval of the Director of Student
• "Exonerate" means officially note that an allegation that a student violated a section of these Regulations was not supported by clear, convincing, and reliable evidence.

For more specific information regarding the procedures related to disciplinary matters, please

contact the Deputy University Secretary. Guidance for students and staff r garding the student discipline process is also available from staff in the University Secretariat.

• "Expulsion" means the termination of all of a student's rights and privileges as a student at the University, including their registration at the University, with no possibility for re-admission.
• "Interview" means the disciplinary proceeding during which the Disciplinary Officer meets with the student in order to inquire into a possible violation of a section of these Regulations, after which the Disciplinary Officer may dispose of the matter or refer the matter to the Student Disciplinary
• "Limited expulsion" means the withdrawal of specified or of all University privileges for a specified period of
• “Regulations” means these Disciplinary
• "Reprimand" means officially note that an allegation that a student violated a section of these Regulations was supported by clear, convincing, and reliable evidence, and that the violation shall result in a disciplinary
• “Student” in the Disciplinary Regulations means:
  • any person registered at the University or who was a registered student at the time of the alleged offence;
  • persons once registered at the University who are on leave or under suspension from the

• “Student Disciplinary Board” (SDB) should for the purposes of these regulations and other related relevant documents, be read for the former “Student Disciplinary Committee” or “Student Review Board”.
• "Supporter" means a member of the University community (i.e., someone appointed or employed by, or registered as a student at, the University) who accompanies a student to a hearing or interview held under these Regulations and who is not paid for his or her services; a Supporter to a student cannot also act as a witness for them at the same Hearing
• “University” means the University of
• “writing” or “written” in these Regulations includes other forms of communication that are appropriate in order to make a reasonable adjustment for an individual’s disability

2. Jurisdiction

• All students are governed by these
• If, prior to the initiation or completion of any proceedings under these Regulations the student has graduated, disciplinary review may continue only if the student registers again for a new programme or if the alleged offence, if proved, would impugn the validity of the degree conferred, notwithstanding the definition of student in section 1(o).

3. Student’s right to a Supporter

• The student is entitled to have a supporter present at any hearing or interview held under these Regulations. However, an individual cannot act both as a witness and as a supporter. The role of the supporter is to provide emotional support to the student primarily as a result of being present with the student during an interview or at a hearing. This is not an advocacy

The supporter may speak during the hearing or interview only with the permission of the Chair of the Hearing panel or interviewer, as the case may be.

• The student shall be informed of the right to have a supporter present and given the opportunity within reasonable time to avail himself or herself of a supporter before taking part in any hearing or interview held under these

NON-ACADEMIC OFFENCES DEFINED

4. Code of Conduct defines non-academic offences

The University “Code of Conduct for all Students of the University” (“Code of Conduct”) sets out the standard of conduct expected of all students. Failure to comply with the standards set out in the Code of Conduct constitutes a non- academic offence that may result in disciplinary proceedings being brought under these Regulations.

ACADEMIC OFFENCES DEFINED

5. General definition of an academic offence

An academic offence is an attempt to obtain, or to assist another person in obtaining an unfair advantage in an academic assessment. The offence may occur in relation to any piece of work and any component within it, whether it has been submitted for formal assessment, feedback or review. The work may take any form, including but not limited to words, graphs and images, notations, data, code, ideas and judgements.

6. Plagiarism

It shall be an offence to present another person’s published or unpublished work in any quantity without adequately identifying it and citing its source, except for the provisions of section 13 (b)

7. Duplication

It shall be an offence to resubmit work in any quantity without acknowledgement or without adequate redevelopment to make it novel and appropriate to the assessment, except for the provisions of section 13(b); this includes the resubmission of work which was previously submitted at another institution.

8. Falsification

It shall be an offence to invent or alter facts, data, quotations or references without acknowledgement.

9. Collusion

No student shall assist another student, or knowingly be assisted by another person, in gaining an unfair advantage in an academic assessment.

10. Cheating

No student shall engage in conduct that sets out to undermine the security, integrity or fairness of an assessment; this includes obtaining, introducing, using or sharing information or materials without permission.

DISCIPLINARY OFFICERS

11. Designated Disciplinary Officers and Deputies

• The members of the staff of the University listed below are constituted Disciplinary
• Heads of Departments, and/or their delegates
• Principals/Head of Colleges
• University Librarian
• Director of Student Affairs
• Director of Property & Facilities Management, or delegate
• A Disciplinary Officer may expressly deputise one or more members of his or her staff to serve as the Disciplinary Officer acting on his or her behalf. Deputies shall not be appointed on a case by case basis. Heads of Departments may select a member of the academic staff to serve as their delegates. The name of the delegate(s) shall be communicated in writing to the Deputy University Secretary, Secretary to the Student Disciplinary
• Disciplinary Officers shall have the authority to make inquiries or carry out investigations in order to collect the information relevant to allegations of misconduct and, where appropriate, may request a report from the Security Office or any other part of the University relating to the alleged
• Student Welfare Officers

Student Welfare Officers play a key role in promoting good conduct and behaviour on campus.  In carrying out that role they can, among other things:

• direct students to sources of support (such as counselling, mediation, alcoholics anonymous, and so on ) in appropriate circumstances,
• act as intermediary in disputes between students when appropriate,
• remind students of the provisions of the Student Code of Conduct and warn them when their behaviour may result in disciplinary action if it continues,
• gather information, including interviewing students, to ascertain whether a disciplinary offence may have occurred,
• recommend summary exclusion to a Disciplinary Officer, and may refer students to a Disciplinary Officer for further

POWER OF EXCLUSION

12. Exclusion

• Disciplinary Officers or their deputies may exclude any student from designated areas when, to the personal knowledge of such Disciplinary Officers or upon reliable information, the student’s behaviour gives rise to reasonable grounds to believe that his or her continued presence in the designated areas is detrimental to good order, or constitutes a threat to the safety of others. Exclusion under this section shall not exceed five working
• Every member of the teaching staff shall have the power to exclude students who are disrupting the delivery of a lecture, seminar, tutorial or other teaching activity, but that exclusion shall be limited to the teaching activity in question
• The senior invigilator overseeing an examination shall have the power to interrupt or exclude any student undergoing the examination when he or she has reasonable grounds to believe that the student is breaking, has broken, or is attempting to commit an academic or non-academic offence or break a University examination regulation. Such exclusion shall apply onto to the place of examination and its vicinity and shall not exceed the remainder of the

If excluding the student may cause a disruption to other students, the invigilator may permit the student to remain after advising the student the alleged misconduct will be reported.

• Any action taken pursuant to sub-sections 12(a), (b), or (c), shall be reported immediately to the Head of Department of the student’s Department(s), the Secretary to the Student Disciplinary Board, and the Head of
• Any exclusion ordered under this section shall not be deemed to be in lieu of other proceedings under these Regulations should the conduct for which exclusion is ordered also constitute an offence under these
• No student excluded under this section, other than pursuant to sub-section 12 (b), shall be barred from taking any examination or submitting any academic paper under this section but the Disciplinary Officer may make special arrangements as to time and place for the completion of such
• In exceptional circumstances when the Disciplinary Officer has reasonable grounds to believe that there is a high degree of physical danger or a threat to persons or property in the student’s presence on campus, the Disciplinary Officer may exclude the student from the University for as long as reasonably required by the nature of the danger. However, within five working days of the exclusion, the Disciplinary Officer must obtain the majority approval of a subcommittee of the Student Disciplinary Board consisting of three of the following:
  • the Deputy Vice-Chancellor and Provost, or a Pro Vice-Chancellor
  • a Deputy Provost

• any other member of the Student Disciplinary Board with no prior involvement with, or connection to, the alleged

Where appropriate, exclusions made under this subsection can be further extended by the subcommittee.

REFERRAL OF OFFENCES

13. Referral of academic offences

• An individual who has reasonable grounds to believe that a student has committed an academic offence shall immediately disclose the circumstances of the case to the relevant Programme Convener, in the case of modular programmes of study, or the Research Student Co-ordinator, in the case of a research degree or the research component of a Professional Doctorate. The Programme Convener/Research Student Co-ordinator will then determine whether or not there is prima facie evidence that an offence has indeed taken place and that this would warrant taking disciplinary action. The Programme Convener/Research Student Co- ordinator may seek advice from other members of academic staff before reaching a decision.
• A case that, in the opinion of the Programme Convener/Research Student Co- ordinator, arises in the main from a misunderstanding of scholarly practice and/or the requirements of the assessment shall not normally be defined as an academic offence and may be dealt with through the usual arrangements for assessment and feedback in reference to the assessment criteria for the piece of work, provided that the student is not given credit for another person’s work or for work which has been submitted previously in substantially the same
• A minor or technical breach of the conditions in which the assessment is set that, in the opinion of the Programme Convener/Research Student Co-ordinator, does not undermine the security, integrity or fairness of that assessment shall not normally be defined as an academic offence, although conduct which otherwise interferes with the academic activities of the University may be identified as a non- academic offence in these
• Circumstances which may imply an attempt to gain an unfair advantage include, but are not limited to the following:
  • the use of sources or information which would not normally be available to the student, such as work submitted by others in previous years and unpublished materials;
  • an attempt to deny the offence when presented with material evidence, whilst noting that the identification of plagiarism, duplication and falsification is a matter of expert academic judgement which may be based on the student’s submission alone without reference to external evidence;
  • collusion with another person;
  • a repeat of the offending behaviour so that it is reasonable to conclude that the student was aware of the implications and possible consequences of his/her

• Where the Programme Convener/Research Student Co-ordinator determines that there is not prima facie evidence that an offence has taken place, or that the circumstances of the case do not in any event warrant taking disciplinary action, s/he shall dispense with further proceedings under these regulations. No offence will be deemed to have been committed by the student and no entry regarding the matter will appear in the student’s file. The Programme Convener/Research Student Co- ordinator may, if appropriate, require the student to revise and resubmit the piece of work in question without penalty and/or recommend that the student takes advantage of additional support and guidance in light of the
• Where the Programme Convener/Research Student Co-ordinator determines that there is prima facie evidence that an offence has taken place and that this would warrant taking disciplinary action, s/he shall refer the matter to the relevant Head of Department as the appropriate Disciplinary Officer. In referring the matter, the Programme Convener/Research Student Co-ordinator shall provide the Head of Department with a factual written report setting out the grounds on which the allegation is made and any supporting evidence. The Programme Convener/Research Student Co-ordinator may not on his or her own authority  impose a penalty on the student. Where the Head of Department has had previous involvement in the case, it may be appropriate for a different member of academic staff to act as Disciplinary

14 .  Referral of non-academic offences

• An individual who has reasonable grounds to believe that a student has committed a non-academic offence shall refer the matter to the Director of Student Affairs if he or she believes that it would be appropriate to take
• The person making a referral regarding a non-academic offence should submit a written complaint to the Director of Student Affairs, which, wherever possible, should include:
  • Identification of the student(s);
  • Statement of facts and allegations, including the names of witnesses; and
  • Where applicable, a statement of the repair bill or

15. Referral to Disciplinary Officer

• Where a non-academic offence relates to behaviour in University accommodation or a student’s contractual obligations for the provision of accommodation, the Director of Student Affairs shall transmit the report on the alleged offence to the Director of Property & Facilities Management who (or their delegate) shall serve as the Disciplinary
• In the case of a non-academic offence committed in connection with activities supervised or managed by the Director of Student Affairs, he or she, or their delegate, shall serve as the Disciplinary Officer in the
• In the case of a non-academic offence committed in the Library/Learning Resources Centre, the Director of Student Affairs shall transmit the report on the alleged offence to the University Librarian who (or their delegate) shall serve as the Disciplinary Officer in the
• In the case of any other non-academic offence, the Director of Student Affairs shall transmit the report on the alleged offence to the relevant Head of College, who shall act as the Disciplinary Officer in the

16. Dispensing with further proceedings

• After making inquiries or carrying out an investigation into the alleged misconduct, the Disciplinary Officer may, without holding an interview with the student, dispense with any further proceedings under these Regulations, if satisfied that:
  • the act or acts allegedly committed by the student do not constitute a violation of any provision of these Regulations; or
  • the available facts and information are insufficient to enable the student’s responsibility to be established; or
  • payment of the repair bill or estimate by the student may be considered a sufficient disposition of the matter; or
  • the offence is of such a nature that no further proceedings are

• Whichever of these grounds is invoked, no offence will be deemed to have been committed by the student and no entry regarding the matter will appear in any dossier of the
• In dispensing with further proceedings with regard to an alleged academic offence, the Disciplinary Officer may, if appropriate, require the student to revise and resubmit the piece of work in question without penalty and/or recommend that the student takes advantage of additional support and guidance in light of the
• Each Disciplinary Officer shall report annually to the Secretary to the Student Review Board describing the particulars of any action(s) taken under this section, without identifying the student, and this information shall be summarised in the annual report of the Student Disciplinary Board to

16.1 Cases Involving Criminal Allegations

• Where an allegation of misconduct refers to acts that would also constitute an offence under the criminal law if proved in a court of law, action under these Regulations may continue, but such action may be deferred pending any police investigation or prosecution. The decision on whether or not to defer  disciplinary action will be taken by the University Secretary and Registrar, where appropriate in consultation with
• Where a finding of misconduct is made under these Regulations and the student has also been sentenced by a Criminal Court, the Court’s penalty shall be taken into consideration in determining the penalty under these
• The University may take action against a student in respect of misconduct covered by these Regulations even if it has already been the subject of criminal prosecution and

17. Immediate referral to Student Disciplinary Board

If in the opinion of the Disciplinary Officer it would be more appropriate that the case be heard by the SDB, he or she may refer the case in writing to the SDB rather than interview the student.

INTERVIEWS

18. Interview by Disciplinary Officer

Upon being apprised of the alleged commission of an offence, the Disciplinary Officer may interview the student concerned in order to inquire into the alleged offence. Any such interview shall be governed by the provisions of sections 19 to 23 and shall take place as soon as reasonably possible after the Disciplinary Officer was apprised of the matter. In convening the interview with the student, the Disciplinary Officer shall inform the student of the substance of the allegation and of his or her right to a supporter.

19. Consequences of interview

At the outset of an interview by a Disciplinary Officer, he or she shall inform the student that any answers given may become the basis for taking a decision under section 20 or 21 or be the subject of testimony at a subsequent proceeding. The Disciplinary Officer shall also present a copy of these Regulations to the student.

20. Decision by Disciplinary Officer

• At the conclusion of the interview the Disciplinary Officer shall:
  • Exonerate the student;
  • Caution the student;
  • Reprimand the student;
  • Require the student to make restitution for any damage caused, or otherwise rectify any situation which he or she created or helped to create, including making an apology; or
  • Refer the case for a hearing to the

• In the case of an alleged academic offence, the Disciplinary Officer may, if appropriate, require the student to revise and resubmit the piece of work in question without penalty and/or recommend that the student takes advantage of additional support and guidance in light of the

21. Additional penalties available in cases of academic misconduct

• If the student is cautioned or reprimanded under section 20(a)(ii) or (iii) with respect to academic misconduct, the Head of Department, as Disciplinary Officer, shall impose an additional penalty under this
• The following principles shall apply when determining additional penalties for academic
  • A student shall not under any circumstances be given credit for another person’s work or for work which has been submitted previously in substantially the same

(i) A student with no previous  history  of  academic  misconduct  should  normally be given a further attempt at the assessment/formal submission,  unless the implications of the offence are so grave that a more serious penalty would be appropriate.

(i) A repeat of offending behaviour should normally attract a more severe penalty, unless this would lead to a manifestly unfair outcome in all the circumstances, on the grounds that it is reasonable to conclude that the student was aware of the implications and possible consequences of his/her actions.

(iv)     Relevant  mitigating circumstances for which  evidence has been provided at the appropriate time by the student should be taken into account when determining penalties for academic misconduct, but shall not be used to override the principle set out in (i) above.

• Where a penalty has implications for an award which has already been granted by the University, the Disciplinary Officer shall inform the Academic Registrar with the recommendation that the award should be
• Where the misconduct relates to the summative assessment on a taught module, the Disciplinary Officer shall impose one or more of the following penalties. The existence of the misconduct shall also be recorded on the student’s formal transcript.
  • Where the offence has minor implications and the work submitted by the student otherwise demonstrates that the student has satisfied the requirements in order to pass, the mark for the individual piece of work will be set to the minimum pass

(i)   Where the offence has minor implications and the student has not satisfied the requirements in order to pass, the mark for the individual piece of work will be set to zero.

(i) Where the offence has more serious implications, the mark for the module overall will be set to zero. This will normally be the minimum penalty for repeat offences.

• Where the offence has very serious implications, the mark for the module overall will be set to zero and the student will not be given an opportunity to
• In addition to imposing one of the penalties in (i)–(iv) above, the Disciplinary Officer may in the most severe cases refer the matter to the Student Disciplinary Board with a recommendation to dismiss or expel the student from the University. The Disciplinary Officer shall always make such a recommendation where there are at least two previous findings of academic misconduct against the
• Where the misconduct relates to the final assessment of a research degree or a Professional Doctorate, the Disciplinary Officer shall take action as
  • Where there is no previous finding of academic misconduct against the student and there is sufficient original work to be assessed, the Disciplinary Officer will refer the matter to the examiners to determine an outcome in accordance with the academic regulations. The Disciplinary Officer will provide the examiners with a written summary of the case, including details of any mitigating circumstances disclosed by the student in his/her response to the allegation. If the outcome is not a fail, the student will be required to resubmit the work in a revised form within not more than 18 months and to undergo a further viva voce

(i) Where there is a previous finding of academic misconduct against the  student, or the offence has very serious implications, the Disciplinary Officer will refer the matter to the Student Disciplinary Board with a recommendation to dismiss or expel the student from the University.

• Where the misconduct relates to a formal submission, other than the final assessment, for a research degree or the research component of a Professional Doctorate, and there is no previous finding of academic misconduct against the student, the Disciplinary Officer will require the student to resubmit the work in a revised form by a specified date. Where there is a previous finding of academic misconduct against the student, however, the Disciplinary Officer will refer the matter to the Student Disciplinary Board with a recommendation to dismiss or expel the student from the school

22. Disciplinary record

If the student has been cautioned or reprimanded under section 20(a)(ii) or 20(iii), whether or not additional penalties have been imposed under section 21, the infraction shall be documented in the student's file maintained by the Secretary to the Student Disciplinary Board. The record of cautions will be expunged from the student’s file after 18 months if no further disciplinary action has been taken during that period.

23. Obligation to notify student and Right of Appeal

• The Disciplinary Officer shall notify the student in writing of the decisions taken under sections 20 and 21 and of the student's right to a hearing, within seven days of the
• The student concerned may appeal the decision of the Disciplinary Officer to the Student Disciplinary Board and may appeal against the finding of the interview regarding the allegation, the penalty/penalties chosen, or

However, appeals may only be based on one of the following grounds:

• that relevant new evidence which was not available to a party at the time of the original interview has been discovered;
• that there has been a failure of due process; or
• that the Disciplinary Officer has misapplied some element of these Regulations and where the outcome of the case at the original interview might have been substantially affected by that

Appeals considered to be questioning academic judgment will not be accepted. A student wishing to appeal must notify the Secretary of the Student Disciplinary

Board of the intention to do so within 14 working days of receiving official notification of the Disciplinary Officer’s decision. The notice of appeal must be accompanied by a concise written statement that identifies precisely the grounds upon which the appeal is based.

A sub-committee of the SDB shall be convened by the Secretary to the Student Disciplinary Board within 14 working days of receipt of notification to determine whether the appeal has met the requirements for grounds. The subcommittee shall consist of three members of the Student Disciplinary Board with no previous connection to the matter

The decision of the sub-committee whether to grant leave to appeal will be notified to the student by the Secretary to SDB, and is not itself subject to appeal.

If the sub-committee allows consideration of an appeal, the findings of the Disciplinary Officer shall nevertheless hold until an appeal has been considered by a Hearing Panel of the SDB, and only varied if so decided by the Hearing Panel

ACADEMIC OFFENCES

24. Penalties available to Hearing Panel

When an alleged academic offence has been referred to a hearing panel of the SDB by the Head of Department under section 20(a)(iv) or where the student has elected to obtain a full hearing under section 23(b), any penalty imposed by the Head of Department as Disciplinary Officer shall have no force or effect and shall be superseded by the decision of the Hearing Panel. The Hearing Panel shall hear the case and at the conclusion of the hearing shall:

• Exonerate the Student;
• Caution the Student; or
• Reprimand the

25. Additional Penalties

If the student is cautioned or reprimanded of the offence under section 24(b) or (c), the Hearing Panel may also:

• in the case of academic misconduct, impose an additional penalty under section 21;
• Impose limited expulsion on the student for a period not exceeding one year;
• Dismiss the student from the University;
• Expel the student from the University;
• Recommend to Senate to revoke a degree, diploma or certificate. The Hearing Panel may combine any of the above

26. Disciplinary record

If the student is cautioned or reprimanded of the offence pursuant to section 24(b) or 24(c), whether or not the Hearing Panel imposes additional penalties pursuant to section 25, the infraction shall be documented as a disciplinary record in the student's file maintained by the Secretary to the Student Disciplinary Board. The record of cautions will be expunged from the student’s file after 18 months if no further disciplinary action has been taken during that period.

27. Limited expulsion

Where any limited expulsion imposed under 25 (b) has included days upon which examinations were to be written or papers submitted, the Hearing Panel, as part of its decision, may authorize the student to write appropriate deferred examinations or submit appropriate papers late without penalty.

28. Head of Department’s report

Where the Head of Department has taken any action under section 20 or 21, and the student has not elected to obtain a full hearing under section 23(b), the Deputy University Secretary shall, within five working days, so notify the Head of Department. The Head of Department shall file a report with the Secretary to the Student Disciplinary Board containing the following:

• Identification of the student concerned;
• A statement of the facts and findings, including the names of witnesses heard;
• A statement of the course of action taken;
• A statement to the effect that the student concerned was notified in writing of the action taken and of his or her right to seek a full hearing before the Hearing Panel of the SDB

PROCEDURES FOR NON-ACADEMIC OFFENCES

29. Penalties available

Where a hearing regarding a non-academic offence has been held on the allegation(s) against the student, the Hearing Panel of the SDB shall:

• Exonerate the student;
• Caution the student; or
• Reprimand the

30. Additional penalties available

If the student is cautioned or reprimanded of the offence pursuant to section 29(b) or (c), the Hearing Panel may also:

• Require the student to make restitution for any damage caused, or otherwise rectify any situation which he or she created or helped to create;
• Require the student to perform up to 10 hours of non-academic work, which shall not be excessively burdensome to the student, to make restitution to remedy any situation that he or she created or helped to create;
• Require the student to participate in a programme identified by the Student Disciplinary Board to educate students about misconduct and the consequences of misconduct;
• Impose limited expulsion on the student for a period not exceeding one year;
• Dismiss the student from the University;
• Expel the student from the University;
• Require the student to attend a prescribed number of meetings with his or her Principal/Head of College for purposes specified by the panel; and/or
• Impose specified consequences, such as expulsion or dismissal, to apply in the event of further proven cases of misconduct. Where the further misconduct was admitted, the penalty may be applied without

The Hearing Panel may combine any of the above penalties.

31. Disciplinary record

If the student is cautioned of the offence pursuant to section 29(b), whether or not the Hearing Panel imposes additional penalties pursuant to section 30, the infraction shall be documented in the student's file maintained by the Secretary to the Student Disciplinary Board. The record of cautions will be expunged from the student’s file after 18 months if no further disciplinary action has been taken during that period. If the student is reprimanded of the offence pursuant to section 29(c), whether or not the Hearing Panel imposes additional penalties pursuant to section 30, the infraction shall be documented as a disciplinary record in the student's file maintained by the Secretary to the Student Disciplinary Board.

32. Non-academic work as penalty

Any work assigned as per section 30(b) shall be under the direction of the Director of Student Affairs and its content shall be subject to his or her approval. If the student does not fulfil this obligation to the satisfaction of the Director of Student Affairs he or she shall summon the student to a resumption of the hearing before the SDB to deal with the default, including the possibility of imposing an additional penalty.

RESIDENCE OFFENCES

33. Contractual obligations re accommodation

If an act of alleged non-academic misconduct takes place within University or College residences, this may give rise to proceedings under both the student’s accommodation contract and these Regulations. In determining the penalties to be imposed under these Regulations, the Disciplinary Officer or panel of the SDB may take into consideration any penalties that have been imposed under the accommodation contract.

COMPOSITION OF BOARD

34 Student Disciplinary Board

The members of the SDB shall be appointed by Senate for renewable three-year terms, staggered wherever possible, with the exception of student members who shall be appointed on a one-year renewable basis effective 1 October of each year, and shall consist of:

• the Deputy Vice-Chancellor and Provost;
• the Pro Vice-Chancellors;
• the Deputy Provosts
• the University Librarian;
• the Principals/Heads of Colleges;
• three members of the academic staff;
• three members of the support staff;
• three members of the Roehampton Students’ Union executive, nominated by the Roehampton Students’ Union; and
• Directors of Administrative Units and the Academic Registrar

35. Hearing Panel of the Student Disciplinary Board

• A Hearing Panel of the SDB shall be composed of four members of the SDB, consisting of:
  • the Chair, who shall not vote;
  • a Deputy Provost, or Principal/Head of College (but not the Disciplinary Officer in the case), or the Academic Registrar;

• a staff member; and
• one student
• In hearings related to alleged academic misconduct, the staff members on the Hearing Panel shall be members of the academic
• In hearings related to alleged academic misconduct, the Chair must be the Deputy Vice-Chancellor and Provost or a Deputy Provost, and should therefore normally be a member of the academic
• In hearings related to alleged non-academic misconduct, the staff members may be either academic or support
• In hearings related to alleged non-academic misconduct, the Chair shall normally be a Pro Vice-Chancellor, the Deputy Vice-Chancellor and Provost, a Deputy Provost or another appropriate senior member of
• In the event that a suitable Hearing Panel from the membership of the SDB cannot be convened, the Vice-Chancellor shall designate the membership of the Hearing
• Decisions of the Hearing Panel shall be by a simple majority and the Chair shall not cast a

36 Student Disciplinary Appeals Committee

• The Student Disciplinary Appeals Committee (SDAC) is a committee of Council and shall be composed of:
  • two lay members of Council, appointed by the Chair of Council;
  • the Deputy Vice-Chancellor and Provost or his or her delegate;
  • the President of the Roehampton Students’ Union or his or her delegate;
  • two senior members of the academic staff, nominated by Senate;

• In the event that a suitable SDAC cannot be convened, the Vice-Chancellor shall designate the membership of the
• Decisions of the SDAC shall be by a simple majority of the voting members present.

HEARING RIGHTS AND PROCEEDINGS

37. Right to set own procedures

The SDB and SDAC may establish their own procedures to supplement those set out in these Regulations.

38. Secretary

The Deputy University Secretary or other member of the University Secretariat designated by the University Secretary shall act as secretary in proceedings of the SDB and SDAC.

HEARINGS BY HEARING PANEL OF THE STUDENT DISCIPLINARY BOARD

39. Prior to a hearing of a Hearing Panel of the SDB

• The Secretary to the Student Disciplinary Board shall inform the student in writing that the student is to be brought before a Hearing Panel of the SDB and shall meet personally with the student to inform him or her of the substance of the charges and of the hearing procedures. In convening this meeting, the Secretary to the Student Disciplinary Board shall inform the student of his or her right to a supporter pursuant to section
• The student and the Disciplinary Officer shall have access upon request to any documents that are to be presented as evidence, and to a list of witnesses to be presented in the case by either party; there is a continuing duty on both parties to disclose any evidence which may arise thereafter. In the event that either party wishes further time to prepare, an extension may be granted by the Chair of the SDB Hearing Panel, in consultation if necessary with the Chair of the

40. Hearings to be recorded

All hearings shall be recorded on audiotape at the expense of the University. The University retains the right to dispose of the audiotape once final judgement has been rendered.

41. Conflict of interest

• If a conflict of interest arises with respect to any member of the Hearing Panel, the member shall be required to withdraw from the
• Issues of conflict of interest may be brought up at any time prior to the final disposition of the case. The issue shall be decided by the Hearing Panel before the proceedings may
• Where a member of the Hearing Panel withdraws from the hearing, for whatever reasons, he or she shall be replaced by another member of the SDB, who shall become acquainted with the case by listening to the audiotape before becoming a member of the Hearing

42. Earliest date for Hearing Panel to be convened

Unless both the Chair and student agree to a shorter period, the hearing may not take place before seven working days have elapsed from the time when:

• The interview under section 18 has taken place; or
• The date set for the interview has passed, and the student has, without reasonable excuse, failed to attend. The hearing may not be delayed unreasonably.

43. Failure to attend a Hearing Panel

If the student fails, without reasonable excuse, to attend the hearing, the Chair may proceed with the hearing in the student’s absence or, at the Chair’s discretion, postpone the start of the hearing. If the hearing proceeds in the student’s absence, all rights contingent on the student’s presence, with the exception of the right to have a supporter present to plead for postponement, are forfeited. In such a case the student’s right of appeal is limited to a consideration of the reasonableness of his or her excuse for not appearing. If the Student Disciplinary Appeal Committee finds that the excuse is reasonable it shall order a re-hearing by the original Hearing Panel with the student present.

44. Presentation of facts and allegations

At the outset of a hearing before a Hearing Panel, the Disciplinary Officer in the case shall apprise the Hearing Panel of the facts and allegations of the case, shall present the relevant documentary evidence, relevant practices of the University or Department if appropriate and present the names of the witnesses to be called. The student or the student’s supporter may make a summary statement in response.

45. Questions of procedure and evidence before Hearing Panel

• All questions of procedure and evidence that may arise during the hearing, including any challenge to procedures predating the hearing, shall be determined by the
• A ruling that a procedure contained in the Regulations has not been followed shall not result in annulment of the proceedings if in the judgement of the Hearing Panel of the SDB the error did not cause prejudice to the student or any prejudice that did result can be remedied without causing undue delay in the proceedings

46. Student’s right to give evidence before Hearing Panel

The student shall be afforded an opportunity to give evidence on his or her own behalf. Should the student decide to give evidence, he or she will be subject to questions from the hearing body and the other party. No inference may be drawn against the student for refusing to give evidence, except to the extent that allegations against the student, because of his or her refusal, stand uncontradicted. The Chair of the Hearing Panel shall inform the student as to the substance of this section.

47. Rules of Evidence before Hearing Panel

The rules of evidence applicable in civil and criminal court proceedings shall not apply to the hearing, so long as the evidence has been obtained in good faith and by reasonable means.

Evidence which is not relevant, or is only remotely relevant, shall be excluded. All questions of the admissibility of evidence shall be determined by the Chair of the Hearing Panel.

48. Evidentiary burden

No allegation shall be found to be substantiated unless there is clear, convincing and reliable evidence in support of the charge established at the hearing.

49. Presentations regarding penalties

Where the charge has been found substantiated, and prior to the decision as to the appropriate penalty, the student, his or her supporter, and the Disciplinary Officer, shall be allowed to make representation in regard to the disposition of the case.

50. Written reasons

The Chair of the Hearing Panel shall provide written reasons for the decision of the case which shall accompany official notification to the student of the decision of the Panel.

APPEALS

51. Right to appeal

• The student concerned or the Disciplinary Officer may appeal the decision of the Hearing Panel to the Student Disciplinary Appeal Committee and may appeal against the finding of the Hearing Panel regarding the allegation, the penalty/penalties chosen, or However, appeals must be based on one of the following grounds:
  • that relevant new evidence which was not available to a party at the time of the original hearing has been discovered;
  • that there has been a failure of due process; or
  • that the Hearing Panel has misapplied some element of these Regulations and where the outcome of the case at the original hearing might have been substantially affected by that

• A party wishing to appeal must notify the Secretary of the Student Disciplinary Board of the intention to do so within 14 working days of receiving official notification of the Hearing Panel’s decision. The notice of appeal must be accompanied by a concise written statement that identifies precisely the grounds upon which the appeal is
• The respondent shall submit a concise written reply to the appellant’s notice of appeal and the grounds invoked within 14 days of receiving the notice of the

52. Rights pending appeal

• No limited expulsion, dismissal or expulsion ordered by the Hearing Panel shall take effect until the appeal is disposed of. However, if the appeal is denied, dismissal or expulsion is retroactive to the date of the original decision, and limited expulsions shall take effect from the date of the Student Disciplinary Appeal Committee
• Notwithstanding section 52(a), where exclusion has been ordered under these Regulations, the exclusion shall remain in effect for the duration of an

53. Subcommittee to determine if grounds for appeal

A subcommittee of the SDAC shall be convened by the Secretary to the Student Disciplinary Board to determine whether the appeal has met the requirements of section 51(a). The subcommittee shall consist of:

• either the Deputy Vice-Chancellor and Provost or a Pro Vice-Chancellor who has had no prior involvement in the matter (Chair);
• the President of the Roehampton Students’ Union or his or her delegate; and
• one further member of the SDAC with no prior involvement in the

The decision of the sub-committee whether to grant leave to appeal is not itself subject to appeal.

54. Hearing by SDAC

• If the sub-committee grants leave to appeal, the appeal shall be heard by a panel made up of members of the SDAC. The Appeal Panel of the SDAC shall conduct this hearing represented by four of its members:
  • the Deputy Vice-Chancellor and Provost or his or her delegate (but the person must have had no prior involvement in the matter) (Chair);
  • the President of the Roehampton Students’ Union or his or her delegate;
  • two additional members of the SDAC which must include at least one lay member of Council (but none of whom may have had any prior involvement in the matter)
• In its consideration of the appeal, the Appeal Panel shall hear oral submissions by the parties and may review any relevant information in the written record and/or in the audiotape recording of the original hearing as directed by the parties. Witnesses shall not be called except those authorized by the subcommittee to produce new evidence.
• If the Appeal Panel determines that the decision of the Hearing Panel was reasonable, the original decision shall remain
• In the event that the Appeal Panel finds that substantial new evidence has been discovered or if it rules that exceptional circumstances of the case require it, the Appeal Panel may amend the previous decision and/or the penalty imposed or require a new Hearing of the case in its entirety by the Hearing
• Decisions of the Appeal Panel shall be by a simple majority and the Chair shall not cast a

55. No appeal from decision of Appeal Panel

Within the jurisdiction of the University, the decision of the SDAC is final.

PENALTIES

56. Restitution

• Unless otherwise provided by the party or hearing body adjudicating the case, the making of restitution shall be made to the University, via the Secretary to the Student Disciplinary Board within 21 days of the adjudication and the exhaustion of all rights of appeal within the
• Failure by the student concerned to make restitution within the period stated in sub-section (a), shall entail automatic limited expulsion until such payment is
• If a student remains under limited expulsion for a period exceeding two weeks for failure to pay make restitution, the case shall be referred to the SDB by the Secretary to the Student Disciplinary Board for further action, which may include continuation of the limited expulsion or the imposition of additional

57. Limited expulsion

If no particular privileges are specified in an order for limited expulsion, the limited expulsion shall entail the withdrawal of all University privileges, including the right to enter and be upon University property, in which case the student, during such limited expulsion, may only come upon University property for a specified purpose, previously authorised in writing by a Disciplinary Officer.

Violation of any terms of the suspension shall result in the case being referred to the SDB by the Secretary to the Student Disciplinary Board for further action. However, suspension may not be used by the Disciplinary Officer as a means to withdraw University privileges from the student.

58. Exclusion from a Residence

Exclusion from a residence shall entail the withdrawal of such privileges in the residences as are specified by the party or hearing body imposing the exclusion. If no particular privileges are specified, an exclusion from a residence of which the student is a member shall entail the immediate removal of all effects of the student concerned from the residence and his or her exclusion from all parts of the residence, in which case the student, during such term of such exclusion order, may only enter the residence for a specific purpose previously authorized in writing by the Principal/Head of College of the College or the relevant Head of Accommodation.

59. Remission, Mitigation and Expunging Record

The Vice-Chancellor may, when he or she considers it appropriate, remit or mitigate any penalty or condition imposed under these Regulations or direct the expunging of the disciplinary record of the student.

60. Debts Due and Monies Paid the University

Dismissal or expulsion from the University shall not relieve the student from the payment of any debts due the University. Except where the Hearing Panel of the SDB directs otherwise, the student shall not be entitled to the return of fees or other monies paid to the University.

61. Disciplinary Records and Confidentiality

• The Secretary to the Student Disciplinary Board shall keep a disciplinary record in respect of each student. He or she shall enter thereon all matters required by these Regulations to be entered in relation to the student and shall inform the appropriate authorities of all penalties imposed so that the penalties may be enforced.
• The files shall be kept in strictest confidence and shall be communicated only to the student concerned and to other persons within the University having legitimate interest or duty to take communication of
• An annual report of the activities of the SDB shall be prepared by the Secretary to the Student Disciplinary Board and presented to Senate. No mention shall be made in the report of the names of the parties or of any information which might lead to their

An annual report of the activities of the SDAC shall be prepared by the Secretary to the Student Disciplinary Board and presented to Council and Senate. No mention shall be made in the report of the names of the parties or of any information which might lead to their identification.