Part G: Penalties

These Penalties are divided into Powers (the penalties that can be applied) and Guidelines to assist the decision-maker.

Overriding objective

All penalties must:

•             have an effect on the student that is proportional to the offence; and

•             Be consistent with penalties imposed in genuinely similar cases.

Status of the penalty guidelines

While the guidelines are intended to assist decision-makers in determining the appropriate penalty or penalties for a breach, it is not possible or desirable to capture all the circumstances that may affect the commission of an offence and the different levels of seriousness or culpability and decision-makers, therefore, have a high degree of discretion subject only to review in accordance with the Appeal procedure in Part H and any statutory or judicial body.

Definitions

Expulsion (to expel) means your expulsion from the University for a period of at least 7 years following which the University will consider any application for readmission only with the express approval of the Vice-Chancellor. (It is therefore different to exclusion, which in these University Disciplinary and Investigative Procedures and Powers is used for a type of suspension involving removal of access to University Property and services).

 

1.            Non-academic penalties

That can be imposed by the Student Life Manager, Deputy Accommodation Manager or University Disciplinary Officer for low and medium level non-academic misconduct

1.1.         Issue a warning for low or medium level misconduct

1.2.         Place a restriction on your privilege to have guests visiting in University Residences

1.3.         Require you to undertake formative relevant training such as the online module on sexual consent, Consent Matters, or fire safety training

1.4.         Require you to write a formal letter of apology to a specified person or persons

1.5.         Prohibit you from contacting a specified person or persons either at all or save in respect of specified matters

1.6.         Require you to attend and/or engage with specified internal or external agencies.

1.7.         Require you to move to an alternative University Residence (not available where you hold an assured shorthold tenancy)

1.8.         Terminate any licence to occupy University Residences

1.9.         In the event of damage to persons or property or University Property, require that such damage be made good at your expense either by yourself or jointly and/or severally with other students.

1.10.      Impose a fine not to exceed £150

That can be imposed by the University Disciplinary Officer for non-academic misconduct

The University Disciplinary Officer may apply one or more of the following penalties where they find a student in breach of a regulation or regulations and have decided not to refer the matter to Senate Student Discipline Committee:

1.11.      Place a restriction on your privilege to have guests visiting in University Residences

1.12.      Require you to undertake formative relevant training such as the online module on sexual consent, Consent Matters, or fire safety training

1.13.      Require you to write a formal letter of apology to a specified person or persons

1.14.      Prohibit you from contacting a specified person or persons either at all or save in respect of specified matters

1.15.      Require you to attend and/or engage with specified internal or external agencies.

1.16.      Require you to move to an alternative University Residence (not available where you hold an assured shorthold tenancy)

1.17.      In the event of damage to persons or property or University Property, require that such damage be made good at your expense either by yourself or jointly and/or severally with other students.

1.18.      Require you to engage in reparative or community service activities commensurate with the nature of your breach.

1.19.      Require you to write an essay or reflective account on a topic determined by the Disciplinary Officer

1.20.      Impose a fine not to exceed £500

1.21.      Terminate any licence to occupy University Residences.

1.22.      Seek a court order to terminate any assured shorthold tenancy in respect of University Residences  (this penalty should only be used where the breach relates to the terms of the tenancy).

That can be imposed by a Panel of Senate Student Discipline Committee for non-academic misconduct

A Panel may apply one or more of the following penalties where it finds a student in breach of a regulation or regulations:

1.23.      Place a restriction on your privilege to have guests visiting in University Residences;

1.24.      Require you to undertake formative relevant training such as the online module on sexual consent, Consent Matters, or fire safety training;

1.25.      Require you to write a formal letter of apology to a specified person or persons;

1.26.      Prohibit you from contacting a specified person or persons either at all or save in respect of specified matters;

1.27.      Require you to attend and/or engage with specified internal or external agencies.

1.28.      Require you to move to an alternative University Residence (not available where you hold an assured shorthold tenancy);

1.29.      In the event of damage to persons or property or University Property, require that such damage be made good at your expense either by yourself or jointly and/or severally with other students;

1.30.      Require you to engage in reparative or community service activities commensurate with the nature of your breach;

1.31.      Require you to write an essay or reflective account on a topic determined by the Panel;

1.32.      Impose a fine not to exceed £1,000;

1.33.      Terminate any licence to occupy University Residences;

1.34.      Seek a court order to terminate any assured shorthold tenancy in respect of University Residence (this penalty should only be used where the breach relates to the terms of the tenancy);

1.35.      Temporarily suspend you from Study and University Property (SSEP) or less commonly from Study only (SS);

1.36.      Temporarily or permanently exclude you from specified University activities or from certain areas of campus;

1.37.      Expel you from the University;

1.38.      Impose an alternative or additional penalty of its choosing save that where the penalty or exemption requires or implies a concession under the Regulations governing the award of degrees, diplomas, or certificates, approval should first be sought from the Academic Director of Taught Programmes or the Academic Director of Research Degrees, as appropriate.

 

2.            Academic penalties

Penalties that can be imposed by a Panel of Senate Student Discipline Committee (or the Chair or Deputy Chair exercising their powers of summary determination) for cases involving breach of a regulation relating to academic and professional integrity other than professional or research misconduct

A panel may apply one or more of the following penalties where it finds you in breach of a regulation or regulations:

2.1.         Determine that a mark of zero should be recorded for the whole or part of the work submitted by you for assessment and either refer you to reassessment or decide that you should not be permitted to reassess which may mean that you are required to withdraw from the University;

2.2.         Temporarily suspend you from study and University Property (SSEP);

2.3.         Expel you from the University;

2.4.         Impose an alternative or additional penalty of its choosing save that where the penalty or exemption requires or implies a concession under the Regulations governing the award of degrees, diplomas, or certificates, approval should first be sought from the Academic Director of Taught Programmes or the Academic Director of Research Degrees, as appropriate;

2.5.         Subject to the penalty guidelines below, the Panel may wish to consider the following alternative or additional penalties:

•             Requiring you to undertake formative relevant training such as the online module on sexual consent, Consent Matters, or fire safety training;

•             Requiring you to write a formal letter of apology to a specified person or persons;

•             Requiring you to attend and/or engage with specified internal or external agencies;

•             Require you to write an essay or reflective account on a topic determined by the Panel, such as the need for academic integrity;

Guidance: In the case of a core module, a decision not to send the student to reassessment in a failed module means that the student cannot progress and will be withdrawn. Panels must ensure that such an outcome is a proportionate response.

 

3.            Penalty guidelines: Breaches of Regulation 13 (attendance, engagement, and progress)

Guidance: Where a Panel of SSDC has determined that you have breached Regulation 13, and you have received a first and second formal warning, the usual penalty is expulsion from the University.

 

4.            Penalty guidelines: Breaches of Regulation 18 (plagiarism or collusion)

 

Penalties

Mitigating and aggravating factors that affect the starting point can include:

 

For a first offence under Regulation 18 (but not involving the purchase of assessed work)

 

For a first offence of sufficient severity to merit referral to SSDC, the normal starting point penalty will be temporary suspension (SSEP) from the University for not less than one semester and a mark of zero in the relevant assessment component.

 

Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) and the Panel considers this excessive, the Panel may impose another Penalty or suspend the application of a suspension.

 

Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether a longer period of suspension is appropriate or whether expulsion from the University is appropriate.

 

Mitigating:

  • Your experience is limited (you are in your first semester of a higher education course in the UK)
  • There is no evidence that other Regulations have been breached by you
  • You accepted your guilt early and have shown remorse
  • You are suffering from an illness or other medical condition affecting your judgement or exacerbating the effect of any penalty imposed
  • At the time you were experiencing family or relationship problems affecting your judgment
  • You have felt under duress

 

Aggravating:

  • You intended to cheat
  • You  are not in your first semester of a higher education course in the UK
  • You have not accepted guilt or shown remorse, or such acceptance/remorse came late in the process
  • There is evidence that you have breached other Regulations

 

 

For a second offence under Regulation 18 (but not involving the purchase of assessed work)

 

For a second offence of sufficient severity to merit referral to SSDC, the normal starting point penalty will be temporary suspension (SSEP) from the University for not less than two semesters and a mark of zero in the relevant assessment component.

 

Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) and the Panel considers this excessive, the Panel may impose another Penalty or suspend the application of a suspension.

 

Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether expulsion from the University is appropriate.

 

Mitigating:

  • There is no evidence that other Regulations have been breached by you
  • You accepted your guilt early and have shown remorse
  • You are suffering from an illness or other medical condition affecting your judgment or exacerbating the effect of any penalty imposed
  • You were experiencing family or relationship problems affecting your judgment
  • You have felt under duress

 

Aggravating:

  • You intended to cheat
  • You  are not in your first semester of a higher education course in the UK
  • You have not accepted guilt or shown remorse, or such acceptance/remorse came late in the process
  • There is evidence that you have breached other Regulations

 

The fact of a previous offence under Regulation 18 is not a mitigating or aggravating factor as it creates the starting point.

 

For a third offence under Regulation 18 or where the offence involves

the purchase or commission of assessed  work

 

For a third offence of sufficient severity to merit referral to SSDC, or for the purchase or commission of assessed work, the normal starting point penalty will be expulsion from the University and a mark of zero in the relevant assessment component.

 

Where there are mitigating factors and the Panel considers that the starting point is too severe, the Panel may impose another Penalty or suspend the application of expulsion. However, where the offence involves the purchase of assessed work, mitigation would not normally reduce the penalty below the starting point of expulsion.

 

 

Mitigating:

  • There is no evidence that other Regulations have been breached by you
  • You accepted your guilt early and have shown remorse
  • You are suffering from an illness or other medical condition affecting your judgment or exacerbating the effect of any penalty imposed
  • You were experiencing family or relationship problems affecting your judgment
  • You have felt under duress
  • Experience of student is limited (purchased work only: if the student is in this category because they have committed a third offence, they are to be considered an experienced student).

 

Aggravating:

  • You intended to cheat
  • You  are not in your first semester of a higher education course in the UK
  • You have not accepted guilt or shown remorse, or such acceptance/remorse came late in the process
  • There is evidence that you have breached other Regulations

 

5.            Penalty guidelines: Breaches of Regulation 20 (misconduct in examinations and course tests)

 

Penalties to be considered once starting point determined:

Mitigating and aggravating factors that affect the starting point can include:

 

For a medium level offence under Regulations 20

 

The normal starting point penalty will be a mark of zero in the relevant assessment component.

 

Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) the Panel may impose another Penalty.

 

Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether a period of suspension is appropriate or whether expulsion from the University is appropriate.

 

The factors set out above in the classification table have determined that this is a medium level offence and given us the starting point, so should not be considered as relevant to mitigating or aggravating that starting point.

 

Consider other factors:

 

Mitigating:

  • No evidence that other Regulations have been breached
  • Early acceptance of guilt or remorse
  • Illness or other medical condition affecting the student’s judgment or exacerbating the effect of any penalty imposed
  • Family or relationship problems affecting the student’s judgment
  • You have felt under duress

 

Aggravating:

  • Failure to accept guilt in a timely manner
  • Evidence of a breach of other Regulations

 

For a high level offence under Regulations 20

 

The normal starting point penalty will be temporary suspension (SSEP) from the University for not less than one semester and a mark of zero in the relevant assessment component.

 

Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) and the Panel considers this excessive, the Panel may impose another Penalty or suspend the application of a suspension.

 

Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether expulsion from the University is appropriate.

 

Where there is a severely aggravating factor, the normal penalty is expulsion from the University.

 

The factors set out above in the classification table have determined that this is a high level offence and given us the starting point, so should not be considered as relevant to mitigating or aggravating that starting point.

 

Consider other factors:

 

Mitigating:

  • Early acceptance of guilt or remorse
  • Illness or other medical condition affecting the student’s judgment or exacerbating the effect of any penalty imposed
  • Family or relationship problems affecting the student’s judgment or exacerbating the effect of any penalty imposed
  • Duress or undue pressure

 

Aggravating:

  • Intentionality
  • Failure to accept guilt
  • Evidence of a breach of other Regulations
  • This incident was one of several breaches on the same occasion (e.g. has notes and has dictionary pen at same exam)

 

Severely aggravating:

  • A previous finding of medium or high level breach of Regulation 20

 

As a general rule, no distinction should be drawn between misconduct in an examination and misconduct in a course test. However, the SSDC Panel should take into account the full context and circumstances in which the course test was taken and in particular whether the full procedures governing the invigilation of examinations was followed.

 

6.            Penalty Guidelines: Breaches of Regulation 14 (professional misconduct and/or suitability/fitness to practice) and 15 (misconduct in research and research ethics)

 

6.1          A panel may apply one or more of the following penalties where it finds a student in breach of Regulation 14 (professional misconduct or unsuitability/fitness to practise) and/or 15 (misconduct in research or research ethics):

•             Require you to undertake formative relevant training

•             Require you to write a formal letter of apology to a specified person or persons

•             Prohibit you from contacting a specified person or persons either at all or save in respect of specified matters

•             Require you to attend and/or engage with specified internal or external agencies.

•             Determine that a mark of zero should be recorded for the whole or part of the work submitted by you for assessment and either refer you to reassessment or not do so

•             Require you to write an essay or reflective account on a topic determined by the Panel, such as the need for academic integrity

•             Temporarily suspend you from study and University Property (SSEP) or less commonly from study only (SS)

•             Temporarily or permanently exclude you from specified University activities or from certain areas of campus

•             Expel you from the University

•             Impose an alternative or additional penalty of its choosing save that where the penalty or exemption requires or implies a concession under the Regulations governing the award of degrees, diplomas, or certificates, approval should first be sought from the Academic Director of Taught Programmes or the Director of Research Degrees, as appropriate.

6.2          In determining the appropriate penalty for breaches of Regulation 15 (misconduct in research and research ethics), the following factors shall be taken into account:

•             Your level and experience

•             The nature and extent of your misconduct

•             The extent to which you intended the misconduct and the extent to which the offence was premeditated

•             Your previous record

•             Whether the offence exposed others to actual or potential risk of harm and, if so, the nature and severity of that risk.

•             The nature of the award (qualification) to which the misconduct relates

•             Early acceptance of guilt or remorse

•             Illness or other medical condition affecting your judgement or exacerbating the effect of any penalty imposed

•             Family or relationship problems affecting your judgement or exacerbating the effect of any penalty imposed

•             Duress or undue pressure