POLICY ON STUDENT CONDUCT AND DISCIPLINE – APPENDIX D PROCEDURES FOR SUMMARY JURISDICTION ON STUDENT DISCIPLINE 1. Introduction a) These Procedures form part of the University’s Policy on Student Conduct and Discipline and should be operated alongside this Policy and its other Procedures, in order to achieve consistency across all other procedures associated with student discipline. b) The authority for action under powers of summary jurisdiction is set out in the Policy on Student Conduct and Discipline, Section 5(c). c) The powers of summary jurisdiction of Wardens and Managers of University Residences are set out separately in Appendix E. d) Advice and guidance on exercising powers of summary jurisdiction and the use of these Procedures may be obtained from the Academic Compliance Team in Student Administration and Support Division, acting on behalf of the Chief Operating Officer. Matters should not be discussed initially with any other senior officer who may later be required to sit in judgement of a specific case. This includes any Pro-ViceChancellor of the University. e) It is the responsibility of all members of staff, honorary staff and recognised teachers of the University and invigilators (within their sphere of responsibility) to suppress any disorderly conduct by students that occurs on University premises, in the online classroom, on field trips, placements or any other relevant off-site location. Any such conduct should then be reported to the relevant area. 2. Sphere of responsibility and limitation of powers a) Officers who are granted powers of summary jurisdiction under these Procedures are confined to exercising those powers within their normal area of managerial responsibility, unless there is good reason why an individual may need to exercise such powers in another area. In cases of doubt, advice should be sought as above 1(d). b) The purpose of granting powers of summary jurisdiction is to enable minor offences to be dealt with quickly and as close as possible to the location of the offence for which a warning, reprimand and/or fine/charge may be imposed. c) It is the seriousness of the misconduct of the student that will determine whether or not powers of summary jurisdiction may be exercised or whether the misconduct is referred for formal investigation to the Chief Operating Officer (or nominee) under the Procedures set out in Appendix B. d) In determining the seriousness of any misconduct, reference should be made to the Rules for Student Conduct as set out in the Policy on Student Conduct and Discipline, Section 7 and to the limitations of powers which can be exercised under summary jurisdiction. The penalties which may be imposed under summary

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PROCEDURES FOR SUMMARY JURISDICTION ON STUDENT DISCIPLINE jurisdiction are prescribed to ensure that any such penalty imposed is proportionate to the offence. e) The type of conduct most likely to be considered under powers of summary jurisdiction, though not limited to this list, is as follows:         

Failure to obey an instruction by a member of staff Minor rudeness and lack of courtesy to others Infringements of specific rules and regulations including those relating to car parking, library, use of IT, use of social media, use of sports facilities and breaches in health and safety Minor damage to or inappropriate use of property belonging to the University or others Petty theft Falsification of student attendance records Anti-social behaviour Publication or distribution of inappropriate material Disruption to classes

Any repeated offence or any conduct which suggests that the appropriate penalty is outside the jurisdiction permitted under summary jurisdiction would need to be discussed with members of the Academic Compliance Team in the first instance f)

Penalties permissible under summary jurisdiction include one or more of the following: 

A formal reprimand

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A formal warning or a final warning (for a repeated offence)

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A requirement to make a written apology to any party concerned

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A fine, not exceeding £500

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A requirement, in the event of non-accidental or wilful damage to or loss of property, that such damage or loss be made good, either in whole or in part, limited to a total value of £1500

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Withdrawal of privileges (particularly any privileges abused by the offender) for a period not exceeding one month

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Requirement to remove material published either in hard copy or electronically which is deemed to be inappropriate

g) Imposition of any penalties has to be fair, reasonable and proportionate. h) Powers of summary jurisdiction granted by the University to Laureate Online Education are set out separately in Appendix G. 3. Procedures for handling minor disciplinary offences a) These procedures are designed to allow minor incidents to be dealt with quickly by the relevant role-holder to prevent further breaches, and sustain appropriate standards of conduct and behaviour of all students in the University. Any complaint Policy on Student Conduct and Discipline – Appendix D Page 2 of 5

PROCEDURES FOR SUMMARY JURISDICTION ON STUDENT DISCIPLINE about student misconduct, however minor, should be submitted to the relevant officer in writing, together with any relevant documentation or other evidence. b) Where a complaint is made to an officer (listed above), and they have judged the allegation to warrant consideration under summary jurisdiction (having taken advice as appropriate), they should invite the student to an interview, setting out clearly, in writing, the nature of the infringement, alongside any evidence which has been collected. At least 24 hours’ notice should be provided to the student unless there is a substantial body of evidence in which case it is advised that at least 48 hours’ notice is provided. Under normal circumstances such meetings would be held in University term-time and, where this is not possible, it may be necessary to defer consideration until commencement of the next term. Where the concept of ‘University term-time’ is not applicable, such as for online programmes, meetings should be arranged appropriately. c) The student should be informed of the time and location of the meeting and the people who will be present at the meeting. This would normally be the Officer, the person making the complaint where appropriate, and an independent note-taker. The student should be permitted to bring a friend as a supporter. Normally, this would be a fellow student or a member of the Guild of Students. The student should be informed in writing of their right to seek advice and representation from the Guild of Students. d) The role of the note-taker is to draft a summary of the discussions which took place during the meeting, a list of attendees, the allegation being made, the representations made by the student, the decision that was taken by the Officer and any penalty imposed. All circumstances surrounding the meeting should be noted, e.g. the behaviour of the student during the meeting. e) At the meeting the Officer will hear from the complainant, where present, and the student. The student should be given the opportunity to either admit or deny the allegation(s) made against them. Under all circumstances, the Officer will take into consideration all the information and evidence presented and any mitigation offered by the student, and will only then decide whether or not the case against the student is proven. f)

If the case against the student is proven or the student has admitted to the allegation of misconduct, the officer may impose a penalty in accordance with Section 2(e) above.

g) The Officer will also issue a warning to indicate to the student that further breaches or infringements are likely to lead to more serious disciplinary action. This warning will be included in the outcome letter (see below). h) Officers may not impose any penalty other than those listed above when using these procedures as this would constitute a procedural irregularity and thus provide grounds for appeal. i)

If the case against the student is not proven, this decision should be provided to the student in writing, and no record of misconduct would be kept on the student’s file.

j)

A copy of the notes of the disciplinary meeting and the outcome letter to the student should be retained by the officer or their professional services staff against the student file and in a secure location. The outcome of the meeting and the details of

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PROCEDURES FOR SUMMARY JURISDICTION ON STUDENT DISCIPLINE the penalty should be set out, in writing, to the student. In the letter, the student should be provided with their right to request a review of the decision taken and details about the grounds and procedures for this review, including the name of the person to whom a student should address any such request. The student should also be informed that, if they choose not to request a review, they may request a Completion of Procedures letter, but such a letter will not be issued automatically. k) Copies of the notes of the disciplinary meeting and the outcome letter to the student should be sent to the Director of Student Administration and Support in order that a central record of disciplinary action against the student can be retained. This is to ensure that first, should the student subsequently face charges at the University’s Board of Discipline, their full record of misconduct can be considered, as appropriate and in accordance with the procedures for convening a Board of Discipline and second, cases handled under summary jurisdiction can be reported and monitored as necessary. l)

Records should be retained for six years after the student has left the University.

4. Students’ right to request a review of decisions taken under summary jurisdiction a) A student may request a review of the decision taken under the powers of summary jurisdiction by submitting a statement to one of the following, as appropriate and detailed in their outcome letter: i.

Action taken by an academic Head of School or Institute to be submitted to the relevant Executive Pro-Vice-Chancellor, who may nominate another academic Head to act on their behalf;

ii.

Action taken by a Head or Director of Service to be submitted to the Chief Operating Officer, who may nominate another person who has had no previous dealing with the case, to act on her/his behalf.

b) Requests for review may only be submitted on the following grounds: i.

That there were procedural irregularities in the consideration and in the decisions made under summary jurisdiction which had a material bearing on the outcome reached and therefore renders the outcome unfair;

ii.

That new information is available which is material to the decisions taken and which, for good reason, was not available at the time that the case was considered;

iii.

That the penalty imposed is disproportionate to the offence.

c) The student must submit a request for review in writing within ten calendar days of receiving the outcome letter sent to her/him by the relevant officer. Any such requests should be supported by relevant documentation. d) The request for review will be considered by the designated person as listed in 4(a) above and they will determine one of the following:

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PROCEDURES FOR SUMMARY JURISDICTION ON STUDENT DISCIPLINE i.

ii. iii.

That the student’s request for a review is justified and an alternative outcome should be made in terms of the finding of the allegations and/or the penalty imposed; That the student’s request for a review is not justified and the original decision and/or penalty should stand; That some other issue has arisen as a consequence of the request for review which requires further action. This further action could be (although not limited to): o Further consideration of the case by an Investigating Officer under the Procedures described in Appendix A; o Increase in penalty; o Further disciplinary action under these procedures.

e) No decision can be made by the person undertaking the review which exceeds their powers under summary jurisdiction as set out in 2(e) above. f)

The outcome of the review will be set out in writing to the student and any change to the decision and/or the penalty should be implemented.

g) The student has no further right of appeal and, if they request it, a Completion of Procedures letter will be issued. h) Copies of the review documentation and the outcome letter must be submitted to the Director of Student Administration and Support in order that a central record of disciplinary action against the student can be retained.

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