SECTION A: PREAMBLE AND DISCIPLINARY POWERS
This section gives an overview of the University’s approach to disciplinary matters and sets out the authority and powers of University Committees and Officers.
1 Preamble
1.1 All students of the University are bound by the University’s Statutes, the Student Charter, Regulations, Codes of Practice, Rules and Procedures in force for the time being insofar as they concern students (the ‘University Legislation’.)
1.2 The University Legislation - or notices of their whereabouts - are published annually in the University Calendar, a copy of which is available via the University website (https://www.uea.ac.uk/calendar) and which is also accessible to students via the Student Portal.
1.3 Senate is the committee of the University with authority for the oversight of the academic performance of the University and for the regulation and supervision of the education and discipline of students in accordance with Provision 7 of the University Charter. Serious breaches of any other Regulation, Code of Practice or Rule of the University to which the students are subject, excepting where the Senate has approved special and separate procedures, are also subject to these Disciplinary Procedures.
1.4 The application and operation of these Disciplinary Procedures in relation to students studying on validated or franchised programmes offered by affiliated institutions, Associate Colleges of the University or other recognised providers, shall be set out in the protocols governing those collaborations and summarised for students in relevant documentation.
1.5 Throughout these Disciplinary Procedures, unless otherwise indicated, references to the Head of the School include the Head’s designated alternate.
1.6 Throughout these Disciplinary Procedures, the standard of proof to be taken into account in all cases shall be that of ‘balance of probability’.
1.8 Hearings by a Student Discipline Panel and a Student Discipline Appeals Panel shall be held in closed session.
1.9 Disicplinary procedures started prior to a student’s registration end date may continue after the registration end date and must normally be concluded prior to any degree or award being conferred.
1.10 Students who withdraw from the University
(i) Where a student withdraws from the University at any point during the processes set out in these Disciplinary Procedures (except where a student has submitted an appeal to the Senate Student Discipline Appeals Committee, in which case the matter shall be referred to the Chair of that Committee) the matter shall be referred to the Chair of the Senate Student Discipline Committee. This shall include situations in which the University deems, due to non-response to communication that a student has in fact, although not in writing, withdrawn him or herself from the University. In such cases, the Chair of the Senate Student Discipline Committee (or the Chair of the Senate Student Discipline Appeals Committee, as relevant) shall determine whether consideration of the case against the student should proceed.
(ii) In the event that the Chair determines that the case should proceed in these circumstances, but at any point in its consideration a decision cannot be reached (for example due to the non-engagement of the student in the process), consideration of the case may be suspended. Where consideration of a case is suspended in this manner, the University may refuse admission to any programme of study or the provision of any other service to the student concerned until consideration of the suspended disciplinary case is properly concluded.
(iii) The University will normally require the proper conclusion of a suspended case where it deems it necessary in order to safeguard (1) its own staff, students and property; (2) any members of the public (in particular patients, children and vulnerable adults) affected or potentially affected by the breach(es) in question; or (3) the codes of practice and/or standards established by professional, regulatory or statutory bodies. It will also enforce this provision concerning suspended consideration of cases where students withdraw in other circumstances, where it considers there is good cause to do so.
2 Disciplinary Powers
This paragraph explains the powers of various University bodies, Officers and other role-holders in relation to the operation of these disciplinary procedures.
2.1 The Senate
2.1.1 By the provisions of the University Charter (Provision 7) the Senate has responsibility for the ‘regulation and supervision of the education and discipline of students’. The responsibility of students is set out in the University Legislation. In the event that a student withdraws prior to the application of or during disciplinary proceedings, the University may nevertheless proceed with the case in accordance with these Disciplinary Procedures where the Chair of the Senate Student Discipline Committee considers it necessary for the proper functioning of the University that such proceedings should be brought or be continued in accordance with the provision of Paragraph 5.26 below.
2.1.2 The Vice-Chancellor (or if absent or by reasons of conflict, a Pro-Vice-Chancellor) may act on behalf of Senate as set out in Paragraph 2.2 below.
2.2 The Vice-Chancellor
2.2.1 The Vice-Chancellor has disciplinary powers to refuse to admit any person as a student of the University and may temporarily exclude or permanently expel any student from any class or classes, and/or from any part of the University or its precincts. The Vice-Chancellor may act on behalf of Senate in any situation which in his or her judgement constitutes an emergency and warrants immediate action. The Vice-Chancellor has the power without prejudice to paragraph 2.5.4:
(1) to exclude or expel a student entirely or partially from his/her programme of study and from participation in any or all of the University’s activities
and/or
(2) to exclude or expel a student from any or all property owned, controlled or managed by the University pending:
(a) the decision of the Senate Student Discipline Committee(s) which would be convened according to these Disciplinary Procedures as soon as possible following such a suspension to consider the case
and/or
(b) the outcome of any criminal proceedings.
No exclusion or expulsion under this paragraph shall take effect unless the student has been given the opportunity to make representations in person or, if the Vice-Chancellor considers that the student is unable to attend in person, in written form excepting that, in cases of great urgency, the Vice-Chancellor has the power to exclude or expel a student with immediate effect, provided that the opportunities for oral representations are provided and the matter reviewed by the Vice-Chancellor within five working days. Such representations and review will relate only to the exclusion or expulsion and not to the substantive matter giving rise to the exercise of this power. He or she shall report any such exclusion or expulsion to the Senate at its next meeting. The Senate may, if it thinks fit, terminate such exclusion or expulsion on such date (not being earlier than the date of the said meeting) as it may determine.
2.2.2 The Vice-Chancellor shall review any exclusion or expulsion made under paragraph 2.2.1 every four weeks in the light of any developments and of any written representations made by or on behalf of the student.
2.2.3 The Vice-Chancellor may authorise a Pro-Vice-Chancellor to exercise these powers on his or her behalf.
2.2.4 The Registrar & Secretary (or nominee) is authorised by the Vice -Chancellor immediately to suspend any student who is not compliant with the extant requirements of the United Kingdom Border Agency (UKBA) with regard to Visa legislation and associated monitoring regimes. The obligation upon students to ensure compliance with UKBA requirements is detailed in General Regulation 13. Suspensions enacted under this regulatory provision shall not be subject to the constraints detailed at 2.2.2 above, but shall be subject to review only on receipt of evidence that the student has returned to full compliance with the requirements of UKBA.
2.3 Office of the Dean of Students
2.3.1 The Dean of Students has overall responsibility to the Senate for the welfare and discipline of students under the General Regulations except for academic discipline under the following General Regulations and related policies and procedures or as otherwise stated:
(i) (i) General Regulation 1(4) (Obligations with regard to provision of information); 13 (Attendance, Engagement and Progress,); 14 (Professional Misconduct and/or Unsuitability); 15 (Conduct in Research); 17 (2)(q) (Conduct of Examinations and Course Tests); and 18
(ii) (Plagiarism and/or collusion; and
(ii) cases arising from Fitness to Practise rules that are referred to the Professional Misconduct and/or Unsuitability Panel (General Regulation 14).
2.3.2 Other than the exceptions noted in 2.3.1 above, the Dean of Students has overall responsibility for discipline in matters of principle and policy but shall delegate executive functions on a day-to-day basis and in all specific cases to the Disciplinary Officer - see paragraph 2.5 below.
2.3.3 Any incident which may constitute a breach of the University’s Legislation (with the exception of matters of academic discipline or as otherwise stated, as noted in 2.3.1 above) shall be reported initially to the Senior Resident Tutor or deputised officer in his/her absence (being a member of the Office of the Dean of Students) who shall make enquiries as he /she sees fit. The Senior Resident Tutor or deputised officer shall have the power to access and process personal data for the purpose of the investigation. If the Senior Resident Tutor or deputised officer considers that there may be a case to answer, s/he may refer the matter to:
(i) the University’s Head of Security (if the incident involves a potentially criminal offence) – see paragraph 2.4 below;
or (ii) the Disciplinary Officer appointed by the Senate – see paragraph
2.5 below.
2.4 Head of Security
2.4.1 Any incident involving a student where a potentially criminal offence may have occurred may be investigated by the University’s Head of Security (or such other officer as may be assigned responsibilities for security matters) subject to:
(i) procedures set out in Notes of Guidance on the Conduct of Disciplinary Procedures;
and (ii) a Protocol with the police as approved by the University from time to time.
The Head of Security (or other such officer as may be assigned to the investigation) shall have the power to access and process personal data for the purpose of the investigation. If appropriate, the Head of Security shall make both documents available in advance to the student concerned.
2.4.2 The results of any investigation may be made known to the University’s Disciplinary Officer via the Senior Resident Tutor and, if the matter is confirmed as a potentially criminal offence, to the police in accordance with the Protocol.
2.5 Disciplinary Officer
2.5.1 The Disciplinary Officer is appointed by the Senate and has the power to investigate, hear and determine any case which has been referred to him or her in accordance with these Disciplinary Procedures. The Disciplinary Officer shall have the power to access and process personal data for the purpose of the investigation. The Disciplinary Officer may at his/her discretion:
(i) decide to hear and determine the case in person if the Disciplinary Officer considers the matter to concern a potentially minor breach of University Legislation falling under the responsibility of the Dean of Students’ Office;
or
(ii) refer the matter - with or without a prior interview of the student - to the Senate Student Discipline Committee); and/or
(iii) refer the matter for consideration by the University with respect to the Licence/Assured Tenancy Agreement.
2.5.2 The Disciplinary Officer shall not normally hear or refer under these Procedures any case involving a breach of University Legislation arising (or which he or she has good reason to consider arises) from disability (including mental ill-health) unless requested to do so by the Dean of Students. The Dean of Students shall first take appropriate specialist medical advice before deciding the appropriate course of action in such cases.
2.5.3 If the University, acting solely in its role of landlord of residential accommodation, takes action against a student alleged to have contravened the Licence/Assured Tenancy Agreement to occupy accommodation, disciplinary proceedings under this Code may still be brought against the student where, in the opinion of the Disciplinary Officer, it is necessary for the proper functioning of the University that such proceedings should be brought.
2.5.4 If a student is alleged to have committed a regulatory breach as described in Section 1, and this act would also constitute an offence for which the student could be prosecuted before a court of law, then the Disciplinary Officer may take action under these Procedures where:
i) the offence under the criminal law would be considered to be not serious and no criminal proceedings are being, or in the opinion of the Disciplinary Officer, are likely to be, brought against the student in respect of that offence. If, after proceedings against a student have been commenced under these Disciplinary Procedures, any criminal proceedings are commenced against the student in respect of the same incident, the disciplinary proceedings shall normally be suspended to await their outcome (including any appeal therefrom);
(ii) in the case of all other offences under the criminal law, the matter has been reported to the police and either a decision to prosecute and such prosecution is concluded, or a decision not to prosecute has been taken.
If either of the conditions in 2.5.4 (i) or (ii) apply, disciplinary action under these Procedures in respect of the incident may then be taken where, in the opinion of the Disciplinary Officer, it is necessary for the proper functioning of the University so to do.
Where action is instituted under these Procedures:
(i) it shall not be necessary for any party to prove again any fact already established in the criminal or civil proceedings;
(ii) where a conviction has already occurred in a court of law in respect of the same facts, the court’s penalty shall be taken into consideration in determining any penalty under these Procedures;
(iii) where a student has been acquitted of an offence before a court, action under these Procedures may still be taken in relation to any other disciplinary aspects of the incident involving that offence;
2.6 The Senate Student Discipline Committee and the Senate Student Discipline Appeals Committee
2.6.1 The Senate has established a Senate Student Discipline Committee and a Senate Student Discipline Appeals Committee (referred to in these Procedures as 'the student discipline committees'), which have responsibilities for matters relating to student discipline as set out in their terms of reference.
This section gives an overview of the University’s approach to disciplinary matters and sets out the authority and powers of University Committees and Officers.
1 Preamble
1.1 All students of the University are bound by the University’s Statutes, the Student Charter, Regulations, Codes of Practice, Rules and Procedures in force for the time being insofar as they concern students (the ‘University Legislation’.)
1.2 The University Legislation - or notices of their whereabouts - are published annually in the University Calendar, a copy of which is available via the University website (https://www.uea.ac.uk/calendar) and which is also accessible to students via the Student Portal.
1.3 Senate is the committee of the University with authority for the oversight of the academic performance of the University and for the regulation and supervision of the education and discipline of students in accordance with Provision 7 of the University Charter. Serious breaches of any other Regulation, Code of Practice or Rule of the University to which the students are subject, excepting where the Senate has approved special and separate procedures, are also subject to these Disciplinary Procedures.
1.4 The application and operation of these Disciplinary Procedures in relation to students studying on validated or franchised programmes offered by affiliated institutions, Associate Colleges of the University or other recognised providers, shall be set out in the protocols governing those collaborations and summarised for students in relevant documentation.
1.5 Throughout these Disciplinary Procedures, unless otherwise indicated, references to the Head of the School include the Head’s designated alternate.
1.6 Throughout these Disciplinary Procedures, the standard of proof to be taken into account in all cases shall be that of ‘balance of probability’.
1.8 Hearings by a Student Discipline Panel and a Student Discipline Appeals Panel shall be held in closed session.
1.9 Disicplinary procedures started prior to a student’s registration end date may continue after the registration end date and must normally be concluded prior to any degree or award being conferred.
1.10 Students who withdraw from the University
(i) Where a student withdraws from the University at any point during the processes set out in these Disciplinary Procedures (except where a student has submitted an appeal to the Senate Student Discipline Appeals Committee, in which case the matter shall be referred to the Chair of that Committee) the matter shall be referred to the Chair of the Senate Student Discipline Committee. This shall include situations in which the University deems, due to non-response to communication that a student has in fact, although not in writing, withdrawn him or herself from the University. In such cases, the Chair of the Senate Student Discipline Committee (or the Chair of the Senate Student Discipline Appeals Committee, as relevant) shall determine whether consideration of the case against the student should proceed.
(ii) In the event that the Chair determines that the case should proceed in these circumstances, but at any point in its consideration a decision cannot be reached (for example due to the non-engagement of the student in the process), consideration of the case may be suspended. Where consideration of a case is suspended in this manner, the University may refuse admission to any programme of study or the provision of any other service to the student concerned until consideration of the suspended disciplinary case is properly concluded.
(iii) The University will normally require the proper conclusion of a suspended case where it deems it necessary in order to safeguard (1) its own staff, students and property; (2) any members of the public (in particular patients, children and vulnerable adults) affected or potentially affected by the breach(es) in question; or (3) the codes of practice and/or standards established by professional, regulatory or statutory bodies. It will also enforce this provision concerning suspended consideration of cases where students withdraw in other circumstances, where it considers there is good cause to do so.
2 Disciplinary Powers
This paragraph explains the powers of various University bodies, Officers and other role-holders in relation to the operation of these disciplinary procedures.
2.1 The Senate
2.1.1 By the provisions of the University Charter (Provision 7) the Senate has responsibility for the ‘regulation and supervision of the education and discipline of students’. The responsibility of students is set out in the University Legislation. In the event that a student withdraws prior to the application of or during disciplinary proceedings, the University may nevertheless proceed with the case in accordance with these Disciplinary Procedures where the Chair of the Senate Student Discipline Committee considers it necessary for the proper functioning of the University that such proceedings should be brought or be continued in accordance with the provision of Paragraph 5.26 below.
2.1.2 The Vice-Chancellor (or if absent or by reasons of conflict, a Pro-Vice-Chancellor) may act on behalf of Senate as set out in Paragraph 2.2 below.
2.2 The Vice-Chancellor
2.2.1 The Vice-Chancellor has disciplinary powers to refuse to admit any person as a student of the University and may temporarily exclude or permanently expel any student from any class or classes, and/or from any part of the University or its precincts. The Vice-Chancellor may act on behalf of Senate in any situation which in his or her judgement constitutes an emergency and warrants immediate action. The Vice-Chancellor has the power without prejudice to paragraph 2.5.4:
(1) to exclude or expel a student entirely or partially from his/her programme of study and from participation in any or all of the University’s activities
and/or
(2) to exclude or expel a student from any or all property owned, controlled or managed by the University pending:
(a) the decision of the Senate Student Discipline Committee(s) which would be convened according to these Disciplinary Procedures as soon as possible following such a suspension to consider the case
and/or
(b) the outcome of any criminal proceedings.
No exclusion or expulsion under this paragraph shall take effect unless the student has been given the opportunity to make representations in person or, if the Vice-Chancellor considers that the student is unable to attend in person, in written form excepting that, in cases of great urgency, the Vice-Chancellor has the power to exclude or expel a student with immediate effect, provided that the opportunities for oral representations are provided and the matter reviewed by the Vice-Chancellor within five working days. Such representations and review will relate only to the exclusion or expulsion and not to the substantive matter giving rise to the exercise of this power. He or she shall report any such exclusion or expulsion to the Senate at its next meeting. The Senate may, if it thinks fit, terminate such exclusion or expulsion on such date (not being earlier than the date of the said meeting) as it may determine.
2.2.2 The Vice-Chancellor shall review any exclusion or expulsion made under paragraph 2.2.1 every four weeks in the light of any developments and of any written representations made by or on behalf of the student.
2.2.3 The Vice-Chancellor may authorise a Pro-Vice-Chancellor to exercise these powers on his or her behalf.
2.2.4 The Registrar & Secretary (or nominee) is authorised by the Vice -Chancellor immediately to suspend any student who is not compliant with the extant requirements of the United Kingdom Border Agency (UKBA) with regard to Visa legislation and associated monitoring regimes. The obligation upon students to ensure compliance with UKBA requirements is detailed in General Regulation 13. Suspensions enacted under this regulatory provision shall not be subject to the constraints detailed at 2.2.2 above, but shall be subject to review only on receipt of evidence that the student has returned to full compliance with the requirements of UKBA.
2.3 Office of the Dean of Students
2.3.1 The Dean of Students has overall responsibility to the Senate for the welfare and discipline of students under the General Regulations except for academic discipline under the following General Regulations and related policies and procedures or as otherwise stated:
(i) (i) General Regulation 1(4) (Obligations with regard to provision of information); 13 (Attendance, Engagement and Progress,); 14 (Professional Misconduct and/or Unsuitability); 15 (Conduct in Research); 17 (2)(q) (Conduct of Examinations and Course Tests); and 18
(ii) (Plagiarism and/or collusion; and
(ii) cases arising from Fitness to Practise rules that are referred to the Professional Misconduct and/or Unsuitability Panel (General Regulation 14).
2.3.2 Other than the exceptions noted in 2.3.1 above, the Dean of Students has overall responsibility for discipline in matters of principle and policy but shall delegate executive functions on a day-to-day basis and in all specific cases to the Disciplinary Officer - see paragraph 2.5 below.
2.3.3 Any incident which may constitute a breach of the University’s Legislation (with the exception of matters of academic discipline or as otherwise stated, as noted in 2.3.1 above) shall be reported initially to the Senior Resident Tutor or deputised officer in his/her absence (being a member of the Office of the Dean of Students) who shall make enquiries as he /she sees fit. The Senior Resident Tutor or deputised officer shall have the power to access and process personal data for the purpose of the investigation. If the Senior Resident Tutor or deputised officer considers that there may be a case to answer, s/he may refer the matter to:
(i) the University’s Head of Security (if the incident involves a potentially criminal offence) – see paragraph 2.4 below;
or (ii) the Disciplinary Officer appointed by the Senate – see paragraph
2.5 below.
2.4 Head of Security
2.4.1 Any incident involving a student where a potentially criminal offence may have occurred may be investigated by the University’s Head of Security (or such other officer as may be assigned responsibilities for security matters) subject to:
(i) procedures set out in Notes of Guidance on the Conduct of Disciplinary Procedures;
and (ii) a Protocol with the police as approved by the University from time to time.
The Head of Security (or other such officer as may be assigned to the investigation) shall have the power to access and process personal data for the purpose of the investigation. If appropriate, the Head of Security shall make both documents available in advance to the student concerned.
2.4.2 The results of any investigation may be made known to the University’s Disciplinary Officer via the Senior Resident Tutor and, if the matter is confirmed as a potentially criminal offence, to the police in accordance with the Protocol.
2.5 Disciplinary Officer
2.5.1 The Disciplinary Officer is appointed by the Senate and has the power to investigate, hear and determine any case which has been referred to him or her in accordance with these Disciplinary Procedures. The Disciplinary Officer shall have the power to access and process personal data for the purpose of the investigation. The Disciplinary Officer may at his/her discretion:
(i) decide to hear and determine the case in person if the Disciplinary Officer considers the matter to concern a potentially minor breach of University Legislation falling under the responsibility of the Dean of Students’ Office;
or
(ii) refer the matter - with or without a prior interview of the student - to the Senate Student Discipline Committee); and/or
(iii) refer the matter for consideration by the University with respect to the Licence/Assured Tenancy Agreement.
2.5.2 The Disciplinary Officer shall not normally hear or refer under these Procedures any case involving a breach of University Legislation arising (or which he or she has good reason to consider arises) from disability (including mental ill-health) unless requested to do so by the Dean of Students. The Dean of Students shall first take appropriate specialist medical advice before deciding the appropriate course of action in such cases.
2.5.3 If the University, acting solely in its role of landlord of residential accommodation, takes action against a student alleged to have contravened the Licence/Assured Tenancy Agreement to occupy accommodation, disciplinary proceedings under this Code may still be brought against the student where, in the opinion of the Disciplinary Officer, it is necessary for the proper functioning of the University that such proceedings should be brought.
2.5.4 If a student is alleged to have committed a regulatory breach as described in Section 1, and this act would also constitute an offence for which the student could be prosecuted before a court of law, then the Disciplinary Officer may take action under these Procedures where:
i) the offence under the criminal law would be considered to be not serious and no criminal proceedings are being, or in the opinion of the Disciplinary Officer, are likely to be, brought against the student in respect of that offence. If, after proceedings against a student have been commenced under these Disciplinary Procedures, any criminal proceedings are commenced against the student in respect of the same incident, the disciplinary proceedings shall normally be suspended to await their outcome (including any appeal therefrom);
(ii) in the case of all other offences under the criminal law, the matter has been reported to the police and either a decision to prosecute and such prosecution is concluded, or a decision not to prosecute has been taken.
If either of the conditions in 2.5.4 (i) or (ii) apply, disciplinary action under these Procedures in respect of the incident may then be taken where, in the opinion of the Disciplinary Officer, it is necessary for the proper functioning of the University so to do.
Where action is instituted under these Procedures:
(i) it shall not be necessary for any party to prove again any fact already established in the criminal or civil proceedings;
(ii) where a conviction has already occurred in a court of law in respect of the same facts, the court’s penalty shall be taken into consideration in determining any penalty under these Procedures;
(iii) where a student has been acquitted of an offence before a court, action under these Procedures may still be taken in relation to any other disciplinary aspects of the incident involving that offence;
2.6 The Senate Student Discipline Committee and the Senate Student Discipline Appeals Committee
2.6.1 The Senate has established a Senate Student Discipline Committee and a Senate Student Discipline Appeals Committee (referred to in these Procedures as 'the student discipline committees'), which have responsibilities for matters relating to student discipline as set out in their terms of reference.
