Regulations
2014-15
UNIVERSITY OF BIRMINGHAM
REGULATIONS OF THE UNIVERSITY OF BIRMINGHAM
SECTION 8 - STUDENT CONDUCT
Executive Brief
Sets out the principles and Regulations to be followed in cases of Student
misconduct, including instances of misconduct which do not take place on University
property.
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Section 8: Student Conduct
8.1
Introduction
8.1.1
These Regulations apply to all Registered Students, students on Leave of Absence,
students with Thesis Awaited Status, External Resit Students, and Graduands
(students). Under these Regulations the University has the power to discipline and
to suspend or require students to withdraw. Once disciplinary proceedings have
been instituted against a student under these regulations, no disciplinary action may
be taken against the student under other disciplinary rules or Regulations within the
University for the same misconduct, and for these purposes, suspension or removal
of a Registered Student or Sabbatical Officer from a University committee is not
disciplinary action in itself and can be implemented without constituting disciplinary
action. The University reserves the right to refuse to accept a students request to
withdraw from the University pending the investigation and completion of
proceedings commenced in relation to Regulation 8.2.1. If a student withdraws from
the University during the course of an investigation commenced under this
Regulation, the University reserves the right to continue with the investigation and
report the alleged offence to the Head of College for consideration by the College
Misconduct Committee or College Fitness to Practise Committee.
8.1.2
The following Codes of Practice also apply and should be followed where
applicable:
(a)
Misconduct and Fitness to Practise Committees;
(b)
Discipline in Residences;
(c)
Student Attendance and Reasonable Diligence;
(d)
Plagiarism;
(e)
Freedom of Speech on Campus.
(f)
Suspension from Study on Health Grounds
(g)
Conduct of Centrally Coordinated Formal Written Examinations
8.1.3
Students registered for a programme which the programme requirements define as
a Fitness to Practise programme are subject to Fitness to Practise procedures.
Students on these programmes who are referred to the Head of College under
clause 8.3.5 of this Regulation will be referred to a College Fitness to Practise
Committee; Students on all other programmes will be referred to a College
Misconduct Committee. Sabbatical Officers will be referred to such College
Misconduct Committee as the Director of Academic Services deems to be
appropriate.
8.1.4
All investigations carried out under this Regulation shall be carried out in
accordance with the guidelines approved from time to time, by Senate or its
delegated authority.
8.2
Disciplinary Offences
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8.2.1
Any student shall be subject to disciplinary measures if he is found to have
breached the disciplinary offences as defined below:
(a)
any breach of any University Statute, Ordinance, Regulation, Code of Practice
or Code of Professional Conduct and Fitness to Practise;
(b)
substantial obstruction of, or substantial improper interference with, the
functions, duties or activities of any student or member of Staff of the
University, or any visitor to the University;
(c)
violent, indecent, disorderly, threatening, intimidating or offensive behaviour or
language;
(d)
harassment of any student or member of Staff of the University, or any visitor
to the University;
(e)
fraud, deceit, deception or dishonesty in relation to the University or its Staff,
students or visitors;
(f)
theft, misappropriation or misuse of University property, or the property of the
University's Staff, students or visitors;
(g)
misuse or unauthorised use of University premises;
(h)
damage to University property, or the property of the University's Staff,
students or visitors, caused intentionally or recklessly;
(i)
action likely to cause injury or impair safety on University premises;
(j)
academic misconduct (including plagiarism when judged serious by the
Principal Academic Unit, as specified in the Code of Practice on Plagiarism) in
assessed academic work, examinations or other work required for academic
progress including actions which constitute an Examination Irregularity under
Regulation 7.2.3 (d) (iv) and the Code of Practice on the Conduct of Centrally
Co-ordinated Formal Written Examinations;
(k)
failure to respect the reasonable exercise of the rights of others to freedom of
belief and freedom of speech;
(l)
failure to disclose identity (i.e. name, University ID number, address and
Principal Academic Unit at the University) to a member of Staff of the
University in circumstances in which it is reasonable to require that such
information be given;
(m) causing nuisance by the distribution of advertising materials on University
premises without specific permission either by mounting posters on notice
boards, or mounting posters on any other surface, or by distributing unsolicited
leaflets to individual rooms or via pigeon holes in residences or Principal
Academic Units, or by handing leaflets to passers-by on University premises;
(n)
conduct (wherever occurring) resulting in the student receiving a formal police
caution, community resolution order or other penalty imposed by the police,
notwithstanding that the student is not subsequently charged or convicted of
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an offence;
(o)
conviction of a criminal offence by any court of competent jurisdiction;
(p)
conviction of a breach of military discipline by due process of military law;
(q)
conduct (wherever occurring) likely to bring the University into disrepute or
adversely affecting other members or Staff of the University whether or not the
student has been convicted of a criminal offence in respect of that conduct;
(r)
divulging information or material received in confidence (unless the disclosure
is permitted under the Public Interest Disclosure Act 1998 or in accordance
with the Universitys Public Interest Disclosure Procedure or is required by
law) ;
(s)
breach of any fiduciary duty or obligation of trust or confidence owed to the
University arising from holding office or membership of any University
committee;
(t)
behaving in an inappropriate or unacceptable manner during or in connection
with attendance at or conduct of a meeting of a University committee.
(u)
the possession, storage, sale, use or misuse of a controlled drug as defined
by the Misuse of Drugs Act 1971 (as amended from time to time) on University
property;
(v)
failure to comply with any sanction imposed under the Code of Practice on
Discipline in Residences;
(w)
failure to comply with any sanction imposed under the formal disciplinary
procedures of the Guild of Students;
(x)
contempt of the University's discipline procedures by failure to co-operate with
the University's discipline authorities or otherwise.
8.3.
Initial Procedure
8.3.1
Every alleged offence shall first be investigated by the Investigating Officer, who
shall be the Director of Academic Services or his or her nominee. Where the
allegations relate to plagiarism or students on programmes subject to Fitness to
Practise procedures, the Investigating Officer shall be nominated by the Head of
College (or delegated authority). Where the alleged offence relates to a Sabbatical
Officer, the Investigating Officer shall be a Head of a College (or delegated
authority) nominated by the Director of Academic Services.
8.3.2
The student will be informed of the allegation(s) in writing and invited to attend a
meeting with the Investigating Officer. If the Investigating Officer decides that there
is a case to answer and if the student admits the alleged offence and, if appropriate,
undertakes to pay compensation for any damage arising in respect of it, the
Investigating Officer may, with the consent of the student, then decide to deal with
the matter summarily by:
(a)
reprimanding the student; or
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(b)
imposing a fine subject to a maximum to be determined by the Senate or
under delegated authority from time to time; or
(c)
determining that the student undertakes Community Service, the details of
which must be specified before consent is solicited (save that this cannot be
applied in respect of a Registered Student who is under the age of 18 at the
date on which such consent would be solicited); or
(d)
accepting an undertaking from the student as to his or her behaviour or to
engage with appropriate student support and/or remedial tuition.
8.3.3
A record of all such decisions and summary penalties shall be kept by the
Investigating Officer and should be taken into account in any subsequent
proceedings under this Regulation. A record of this decision should also be
communicated to the student.
8.3.4
Failure to comply with any sanction imposed under clause 8.3.2 shall amount to a
separate disciplinary offence and shall be dealt with by reference of the case to the
Director of Academic Services or their nominee, or the Head of College for
consideration in accordance with clause 8.2.1 (x) above.
8.3.5
The Investigating Officer shall report the alleged offence in writing to the Head of
College for consideration by the College Misconduct Committee or College Fitnes to
Practise Committee in the following instances:
If the student denies the allegation;
If the student does not wish the matter to be dealt with as a summary offence;
If the Investigating Officer deems the offence more serious than a summary
offence; or
If the allegation is of serious plagiarism which has become a student conduct
case under the Code of Practice on Plagiarism.
8.3.6
In relation to alleged offences involving two or more students registered within two
or more Colleges, if the Investigating Officer believes that it would be more
appropriate for all the alleged offences to be heard by a single Misconduct
Committee, the Investigating Officer may report the alleged offences in writing to the
Director of Academic Services who will decide to which College Misconduct
Committee the alleged offences should be referred, normally the Misconduct
Committee of the College within which the majority of students involved are
registered; this shall not apply to a student following a fitness to practise programme
who must in every instance be referred to the Fitness to Practise Committee of the
College within which the student is registered.
8.4
Non-summary Offences
8.4.1
If the student is referred to a College Misconduct Committee or College Fitness to
Practise Committee in accordance with clause 8.3.5 above then the matter will be
dealt with as a non-summary offence.
8.4.2
A College Misconduct Committee or College Fitness to Practise Committee shall be
convened according to the Code of Practice on Procedures for Misconduct and
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Fitness to Practise Committees.
8.5
Appeals to University Misconduct and Fitness to Practise Committee
8.5.1
A student may appeal against the decision of a College Misconduct Committee or
College Fitness to Practise Committee. The student must submit the appeal and
any further evidence which he/she may wish to present, in support of the appeal, in
writing to the Director of Academic Services not later than 15 University working
days from the date on which the Committee report of the proceedings was sent to
the student (whether by post or electronic mail), specifying the grounds of appeal.
The grounds of appeal will be one or more of the following:
(a)
the sanction is disproportionate to the offence;
(b)
a procedural irregularity;
(c)
relevant new evidence which was not available at the time of the initial
hearing.
8.5.2
All appeals will be dealt with in accordance to the procedures laid down in the Code
of Practice on Procedures for Misconduct and Fitness to Practise Committees.
8.6
Suspension from Placements
8.6.1
Where there is a reasonable suspicion that a student:
(a)
may have a medical illness or condition, including but not limited to, alcohol,
drug and substance abuse, which in the judgement of the Head of College or
his or her nominee renders him or her a possible danger to themselves or to
others with whom he or she will come into contact whilst attending a
placement; or
(b)
may have committed a disciplinary offence under Regulation 8.2; or
(c)
may otherwise have behaved in such a way that the placement provider is not
willing to continue to provide the placement,
then the Head of the College or his or her nominee may suspend the student from
attending placements until the investigation has been completed and the students
case has been heard by the College Misconduct Committee or the College Fitness
to Practise Committee, if applicable. The decision to suspend the student will be
taken in consultation with the current placement provider (where appropriate) and in
the case of suspension under (a) above must be taken in consultation with the
University Medical Officer or his or her nominee. The University may consult with
the students prospective placement provider, where appropriate.
8.6.2
The College Misconduct Committee or the College Fitness to Practise Committee
must meet to hear the students case as soon as practicable and normally within six
weeks from the date of the suspension. In the event that the student provides a
medical certificate from a General Practitioner indicating that the student is unwell
and unable to attend, the College Misconduct Committee or the College Fitness to
Practise Committee may in its absolute discretion decide to postpone the hearing.
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8.7
Temporary Exclusion or Suspension of Students on Health Grounds
8.7.1
The Director of Academic Services or his or her nominee may, due to concerns over
a students health, suspend a student and/or require that student to cease
attendance on the programme and/or debar any student from use of University
facilities, entry to the whole or any part of the University premises, or to University
property situated elsewhere.
(a) in relation to students other than those following a fitness to practise
programme, in accordance with the Code of Practice on Suspension from
Study on Health Grounds;
(b) in relation to students following a fitness to practise programme in accordance
with these Regulations,
In relation to a student following a fitness to practise programme, any temporary
exclusion or suspension shall continue until the student's case has been heard by
the College Fitness to Practise Committee provided that such temporary exclusion
or suspension shall not normally exceed three months. Subsequent periods of
temporary exclusion or suspension, each not exceeding three months, may be
imposed if a hearing is delayed to take account of some external event or
circumstance.
8.7.2
The Director of Academic Services decision under 8.7.1 above must be taken in
consultation with the students Head of College and the University Medical Officer
and shall be reviewed from time to time. The student has the right to make
representations at any time during the period of suspension.
8.8
Temporary Exclusion or Suspension of Students on Grounds of Misconduct
8.8.1
Where there is a reasonable suspicion that a student has committed a serious or
significant disciplinary offence or has been accused of, charged with or is being
investigated by the police for a serious or significant criminal offence, the Director of
Academic Services or his/her nominee may:
(i)
temporarily suspend the student and/or:
(ii)
require that the student temporarily ceases attendance on the programme;
and/or
(iii)
temporarily debar the student from use of some or all of University facilities;
and/or
(iv)
temporarily debar the student from entry to the whole or any part of the
University premises, or to University property situated elsewhere.
8.8.2
The Director of Academic Services decision in 8.8.1 above shall normally be taken
in consultation with the relevant Head of College unless it is considered that there is
an immediate danger to the student or other members of the University or to other
persons with whom the student will come into contact, in which case the Director of
Academic Services or his or her nominee may suspend the student with immediate
effect.
8.8.3
A temporary exclusion or suspension under this Regulation shall be reviewed from
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time to time and the student will have the right to make representations at any time
during the period of suspension. A temporary exclusion or suspension shall
normally continue until the relevant investigation has been completed and, if
applicable, the students case has been heard by a College Misconduct Committee
or College Fitness to Practise Committee, provided that it shall not exceed three
months. Subsequent periods of temporary exclusion or suspension, each not
exceeding three months, may be imposed if a hearing is delayed to take account of
some external event or circumstance.
8.9
General Provisions
8.9.1
A record of all proceedings shall be kept by the Secretary to the College Misconduct
Committee or College Fitness to Practise Committee, but no reference to the record
shall be made in the students personal file, except as permitted by this Regulation
and the Code of Practice on Procedures for Misconduct and Fitness to Practice
Committees.
8.9.2
Failure to comply with any sanction, condition, or compensation order imposed by
the Committee shall be dealt with by reference of the case to the Director of
Academic Services or their nominee, or the Head of College for consideration as a
separate disciplinary offence as per clause 8.2.1 (x) above.
8.9.3
The University has a duty to refer to the Independent Safeguarding Authority any
information about a students conduct where such conduct gives rise to concerns
about harm or the risk of harm to children or vulnerable adults.
