Student Disciplinary Policy and Procedure

a. Violent, indecent, disorderly, threatening, or discriminatory behaviour or language, including microaggressions.

b. Action likely to cause injury or impair safety.

c. Behaviour intended to cause fear, distress or harm to others, including carrying weapons or replica weapons.

d. Conduct which is a criminal offence, including drugs-related offences.

e. Sexual misconduct (including sexual assault, sexual violence and sexual harassment) (see Sexual Harassment and Sexual Misconduct Policy) and domestic violence, jeopardising the mental, physical, and emotional wellbeing as well as the safety of our community.

f. Publishing of any matter (verbal, written or other) which is threatening, abusive or insulting or constitutes harassment or makes others fear violence. This includes the misuse of social media and other online content.

g. Access abuse, such as visiting inappropriate websites, uploading/downloading inappropriate content, propagation of computer viruses.

h. Anti-social behaviour which brings the University into disrepute.

i. Damage to or theft of property.

j. Behaviour which breaches university policies, including rules on health and safety, freedom of speech, and equality and diversity, failure to comply with requests to complete mandatory training, unless there are agreed exceptional circumstances.

k. Failure to comply with national or local Government restrictions in relation to public health emergencies.

l. Harassment or discrimination against any student, member of staff or visitor to the University.

m. Theft, misappropriation, misuse, fraud, deceit, deception, or dishonesty.

n. Failure to follow a reasonable instruction from a university officer; significant breach of university rules; failure to disclose name and other relevant details to a staff member where the staff member has good reason to require this information.

o. Failure to comply with a previously imposed disciplinary penalty.

p. False accusations that another student or staff member committed a breach of discipline.

q. Engagement in terrorism/extremism or with networks linked to terrorism/extremism.

6.1.  Anyone with a concern about a potential breach of discipline may find it useful to first raise the matter informally with a member of staff in the interests of pursuing a swift resolution. Mediation through the Students' Union may be recommended if the issue relates specifically to societies, clubs and committees, if appropriate. Advice on disciplinary matters is available from the Student Casework team, the Head of Campus and Residential Services (for misconduct in university accommodation matters), and the Wellbeing and Welfare team.

6.2.  If the above step is not appropriate or does not resolve the matter, allegations regarding misconduct can be sent to casework@yorksj.ac.uk. An allegation will not normally be pursued unless it is received in writing with sufficient detail provided. Anonymous allegations are unlikely to be considered; where there is compelling evidence that the disciplinary offence did take place, the Disciplinary Officer may decide to consider the matter. Even where the disciplinary procedures are not invoked, staff members may remind students of the expectations regarding their conduct.

6.3.  Having considered the allegation(s) of misconduct the Disciplinary Officer will decide whether to:

1. Dismiss the allegation(s) as false, vexatious, trivial, or lacking in evidence.
2. Refer the matter for consideration under Students’ Union, Accommodation, or Fitness to Study/Practice procedures.
3. Refer the matter for consideration as level 1 misconduct.
4. Refer the matter for consideration as level 2 misconduct.

6.4.  If the alleged misconduct involves more than one student, the Disciplinary Officer decides whether the cases should be investigated and/or heard together.

6.5.  Once a decision is made regarding referring the matter for consideration as misconduct, students are advised to not discuss the matter with their peers due to the possibility of jeopardising the integrity of the investigation.

6.6.  This level will normally be appropriate in relation to allegation(s) of misconduct which are of a less serious nature, and/or in circumstances where it is considered desirable to address these as close as possible to the source of the alleged offence.

6.7.  At this level, the Disciplinary Officer may delegate powers of investigation and resolution to an appropriate 'responsible person'. Programme leads and professional services staff in management positions or with appropriate experience would be examples of those considered to be an appropriate 'responsible person'.

6.8.  The responsible person will review the evidence and make any further enquiries they deem necessary, including meeting with the reporting student(s), where appropriate. You (the responding student) will normally be invited to attend a meeting with the responsible person to allow you to explain your version of events and put forward any evidence you wish to provide. You may bring a supporter to this meeting. If you do not attend, the responsible person may still make a decision on whether misconduct took place and may issue a disciplinary penalty.

6.9.  Any meetings held will not be audio recorded but may be minuted. They should not be recorded without the express consent of those involved. If the student does record any meetings without the consent of others, this may amount to a disciplinary offence. Any recording will not be permitted to be used as evidence.

6.10.  The responsible person may:

1. Dismiss the allegations.
2. Issue a penalty appropriate to level 1.
3. Refer the case to level 2.

6.11.  The following penalties apply at level 1:

1. Verbal warning.
2. Written warning/reprimand (a copy will be retained on file for the remainder of your studies).
3. Restitution of any damage caused by way of payment.    
4. Fines up to a maximum of £100.
5. Other such action appropriate to the circumstances.

6.12.  More than one penalty may be applied. Previous misconduct may be taken into account in deciding the appropriate penalty.

6.13.  The Responsible Person will provide a short summary for the Disciplinary Officer to review. This summary will detail the conclusion on whether misconduct has taken place and if it has, will include recommendations on the outcome and recommended penalty. The Disciplinary Officer will review the recommendations and once confirmed, you will be told of the outcome as soon as possible following the conclusion of the Disciplinary Officer's review. The Responsible Person will notify you of the expected timeframe for completion of the case and will keep you informed of any delays.

6.14.  Failure to comply with any action required following the outcome, could result in further disciplinary action. The Disciplinary Officer will be notified of any failings and will determine if further action should be taken.

6.15.  If you (the responding student) think the finding or penalty is unfair or disproportionate based on the evidence, you may appeal to the Vice Chancellor within 10 working days from the date from the date of the outcome. You may appeal on the following grounds:

1. The outcome was disproportionate in the light of the evidence supplied. (You cannot appeal solely because you disagree with the outcome, but you can appeal if you believe the outcome was not supported by the evidence presented).
2. The procedure was deficient in a way which materially prejudiced your case.
3. That further evidence has become available which would materially affect the decision.

6.16.  The Vice Chancellor, or appropriate nominee, will review the case and may:

1. Dismiss the case and allegations.
2. Enforce the penalty.
3. Adjust the penalty.
4. Refer the case back for further investigation – please note this may be with a different ‘Responsible Person’.
5. Refer the case for hearing by the Appeals and Conduct Committee.

6.17.  The Student Casework team will send the student the decision of the Vice Chancellor's (or delegate's) review in writing as soon as possible and normally within 10 working days. If your appeal is not upheld, you will be sent a 'Completion of Procedures Letter'. More information about this can be found in section 8.1.

6.18.  Notes of any investigation, interview and action taken at level 1, and copies of correspondence relating to level 1 disciplinary procedure, will be retained by the Disciplinary Officer. The minutes from the meeting(s) held with yourself and any correspondence between yourself and Casework team or the Responsible Person will be shared with you, upon request.

6.19.  Level 2 will normally be appropriate in relation to:

1. Multiple minor acts of misconduct.
2. Instances in which level 1 action has failed or is considered inappropriate.
3. Serious allegations of misconduct.
4. Referrals on appeal from the level 1 procedure.

6.20.  The Disciplinary Officer or nominee will appoint an 'Investigating Officer' and arrange for an investigation into the allegation(s) of misconduct to take place and a report to be written. You will receive information about the allegations made against you, how long we expect the investigation to take and the procedure we will follow in dealing with the allegation(s). The Investigating Officer will not have had any prior involvement with the situation.

6.21.  Associate Heads, Heads of School, members of the Senior Leadership team and Heads of Service may be appointed as an Investigating Officer as well as the Student Casework Investigators.

6.22.  The Investigating Officer will review the evidence and make any further enquiries they deem necessary, including meeting with the reporting student(s), where appropriate. You (the responding student) will normally be invited to attend a meeting with the Investigating Officer to allow you to explain your version of events and put forward any evidence you wish to provide. You may bring a supporter to this meeting. If you do not attend, the Investigating Officer may still make a decision on whether misconduct took place and may recommend a disciplinary penalty within their report.

6.23.  The Investigating Officer may meet with you and others, these meetings are not audio recorded, but are minuted. You should not record them without the consent of those involved. If you do record any meetings without the consent of others, this may amount to a disciplinary offence. Any recording will not be permitted to be used as evidence.

6.24.  Following the investigation, the Investigating Officer will provide a report for the Disciplinary Officer to review. This report will include recommendations to the Disciplinary Officer.

6.25.  On the basis of this report, the Disciplinary Officer may:

1. Dismiss the allegations.
2. Apply a penalty appropriate to the level 1 procedure.
3. Refer the case for a full hearing by the Appeals and Conduct Committee.

6.26.  You will be told of the outcome within 10 working days of the report being shared with the Disciplinary Officer. The report will be shared with you, alongside the outcome from the Disciplinary Officer.

6.27.  Failure to comply with any action required following the outcome could result in further disciplinary action. The Disciplinary Officer will be notified of any failings and will determine if further action should be taken.

6.28.  If you (the responding student) think the finding or penalty is unfair or disproportionate based on the evidence, you may appeal to the Vice Chancellor within 10 working days from the date from the date of the outcome letter. You may appeal on the following grounds:

1. The outcome was disproportionate in the light of the evidence supplied. (You cannot appeal solely because you disagree with the outcome, but you can appeal if you believe the outcome was not supported by the evidence presented).
2. The procedure was deficient in a way which materially prejudiced your case.
3. That further evidence has become available which would materially affect the decision.

6.29.  The Vice Chancellor, or appropriate nominee, will review the case and may:

1. Dismiss the case and allegations.
2. Enforce the penalty.
3. Adjust the penalty.
4. Refer the case back for further investigation – please note this may be with a different 'Investigating Officer'.
5. Refer the case for hearing by the Appeals and Conduct Committee.

6.30.  The Student Casework team will send the student the decision of the Vice Chancellor's (or delegate's) review in writing as soon as possible and normally within 10 working days. If your appeal is not upheld, you will be sent a 'Completion of Procedures Letter'. More information about this can be found in section 8.1.

6.31.  All relevant documentation will be shared with you at least 5 working days before the hearing. You will have the opportunity to make your representations at the meeting. Should you wish to refer to any evidence, this should be provided at least 3 working days before the hearing, by email to casework@yorksj.ac.uk.

6.32.  You have the right to be accompanied at the hearing by a supporter. You need to tell us who this supporter is, at least 3 working days before the hearing, by email to casework@yorksj.ac.uk. If you would also like a representative from the Wellbeing team to be in attendance, we can also arrange this, where feasible.

6.33.  You can also invite one or more witnesses to the hearing. You need to tell us who this witness is at least 3 working days before the hearing, by email to casework@yorksj.ac.uk. Witnesses should be called in relation to the allegations only, character witnesses will not be permitted.

6.3.  The Investigating Officer/responsible person for the case will be invited to the hearing to present their report and to allow the hearing panel to ask any questions they may have on this.

6.35.  The University may also invite one or more witnesses to the hearing. If it does so, you will be told of this in advance of the hearing.

6.36.  You will not be permitted to cross-examine witnesses; you may address questions to the Chair, who will relay questions to the witness if the Chair believes it is appropriate.

6.37.  Where there are concerns about safety, the hearing may be coordinated so the responding student and witnesses are not in attendance at the same time, or correspondence may be conducted in an alternative manner.

6.38.  At least 2 members of the Appeals and Conduct Committee will be present at the hearing; Committee members with previous involvement with the case shall not take part. One member of the Committee will be appointed as Chair of the panel. A President or Student Officer will also be present to ensure there is student representation on the panel.

6.39.  You are required to attend the hearing. If you have a good reason for being unable to attend, please inform the University, who will make a reasonable attempt to rearrange it. If you do not do attend, the Committee may still make a finding and agree on a penalty in your absence. If you are unable to attend the meeting physically, you may request alternative arrangements such as use of video-conferencing (normally applicable only to students who are outside the UK at the relevant time or where this represents a reasonable adjustment). If you choose not to appear before the Committee, the Committee has the right to hear the case in your absence, drawing such conclusions as it deems appropriate.

6.40.  A formal record of the hearing will be kept by the Committee and will be shared with you.

6.41.  At the hearing, you will be invited to respond to the allegations made against you. You may be asked questions by the Committee members. You have the opportunity to make any points you believe relevant to the decision of the Committee.

6.42.  At the conclusion of the hearing, the Committee will reach a decision based on the available evidence and will uphold the case or dismiss the allegation. If the Committee agrees that a disciplinary offence was committed, a penalty will be imposed as identified from the list below. You will receive the decision in writing within 5 working days of the hearing.

6.43.  Penalties available to the Appeals and Conduct Committee are:

1. A verbal warning.
2. Written warning/reprimand (a copy will be retained on file for the remainder of your studies).
3. Restitution of any damage caused.
4. Enforced suspension.
5. Exclusion from specified University facilities or activities.
6. Fines up to a maximum of £250.
7. Expulsion.
8. Other such actions as may be appropriate to the case.

6.44.  More than one penalty may be applied. Previous misconduct may be taken into account in deciding the appropriate penalty.

6.45.  Failure to comply with any action required following the outcome, could result in further disciplinary action. The Disciplinary Officer will be notified of any failings and will determine if further action should be taken.

6.46.  You have the right of appeal against the decision of the Appeals and Conduct Committee within 10 working days from the date from the date of the outcome letter. You may appeal on the following grounds:

1. The outcome of the Committee was disproportionate in the light of the evidence (You cannot appeal solely because you disagree with the outcome, but you can appeal if you believe the outcome was not supported by the evidence presented).
2. The procedure for the hearing was deficient in a way which materially prejudiced the case.
3. That further evidence has become available since the hearing which would materially affect the decision.

6.47.  Appeals against decisions of the Committee will be heard by the Vice Chancellor or nominee.

6.48.  To appeal against the decision of the Appeals and Conduct Committee, you (the responding student) must do so within 10 working days from the date on the hearing outcome letter. You must email casework@yorksj.ac.uk to confirm the grounds on which you are appealing (see 6.46).

6.49.  The Vice Chancellor or nominee will normally review the case based on the existing case documentation, unless new evidence has become available and there is a good reason why it was not available previously.

6.50.  The Vice Chancellor or nominee may:

1. Uphold the Committee decision.
2. Set aside the penalty and/or substitute an alternative penalty.
3. Refer the matter back for further consideration by the Appeals and Conduct Committee.

6.51.  The Student Casework team will send the student the decision of the Vice Chancellor’s (or delegate’s) review in writing as soon as possible and normally within 10 working days.

6.52.  Disciplinary matters relating to students on programmes delivered by a Validated Partner should follow their disciplinary procedures.

6.53.  If the Responding Student thinks the finding or penalty by the Validated Partner is unfair or disproportionate based on the evidence and wishes to appeal the outcome after completing the procedures, they may ask to have the matter reviewed under the YSJU procedure. In these circumstances, the responding student should email Casework (casework@yorksj.ac.uk) within 10 working days of the final decision of the Validated Partner. Section 6.48-6.51 will then be followed. 

Policy reference code: 

Version: 8

Document title: Student Disciplinary Policy and Procedure

Author role and department: Student Casework, Governance and Compliance

Approved date: 20 August 2024

Approved by: Executive Board

Equality analysis undertaken: Yes

Amendments since approval

Revisions made 26 June 2024, approved by Executive Board:

• Sections 1 and 2: Introduction and Scope added, clarification added as to under which policies different reports will be handled. Clarification that the policy is not intended to resolve disputes between individuals.
• Section 3: Section expanded substantially.
• Section 4: Examples added and section expanded.
• Section 5: Information added around possible room moves and restrictions to IT access, maximum periods of study and provisional action, exclusions from specific SU activities, reiteration of wellbeing and welfare support, clarifications around recordings and judgements of guilt, failing to comply with action.
• Section 6: Informal stage – addition of reference to SU mediation, clarification on referral pathways, information added around no discussions on the case.
• Section 6: Level 1 – clarification of those who can act as the responsible person, clarification on recording of meetings, addition of the responsible person to produce a short summary for the Disciplinary Officer to review, clarification on timeframe and grounds for appeal, additional of adjusting the penalty and referring the case back for further investigation as an outcome option from the VC review, clarification on how the outcome will be shared, details around receiving a CoP letter, and information regarding sharing correspondence.
• Section 6: Level 2 – addition of roles to the Investigator Officer, clarification of timeframe for outcome and when the report will be shared, clarification on timeframe and grounds for appeal, addition of adjusting the penalty and refer the case back for further investigation as an outcome option from the VC review, clarification on how the outcome will be shared and details around receiving a CoP letter.
• Section 6: Hearing of the Appeals and Conduct Committee - clarifications on timeframe for sharing documentation, addition of including representative from Wellbeing, clarification of timeframe for receiving outcome following hearing, clarification on timeframe to appeal and grounds to be able to appeal.
• Section 6: Appeal to the Vice Chancellor - Clarification on when the outcome will be shared, clarification on validated partner programmes and details on the process to be followed if they responding students thinks the finding is unfair or disproportionate.
• Appendix 2: Involvement of police and criminal courts - Addition to clarify that the reporting student’s wishes will be followed unless there are exceptional circumstances, clarification added that where a criminal conviction is made the University will not re-investigate the matter but the allegation that the student has engaged in misconduct by committing a criminal offence, clarification that if a student is not able to attend meetings relating to the University investigation due to the judicial process, the investigation will be conducted in their absence.

Revisions made 20 August 2024, approved by Executive Board:

• Introduction: Clarification about which policy harassment (separate to sexual harassment) will be managed.
• Section 4: Amendment to the harassment example of student misconduct and definition of harassment amended to mirror OfS definitions.