E - Disciplinary Procedure
| 1 | Responsibility for Discipline | ||
| 1.1 | The maintenance of the discipline of students of the University is the responsibility of the Senate. | ||
| 1.2 | This Procedure also applies to disciplinary cases involving students of the University based at its Cornwall Campus; additional provisions are detailed in section 10 below to ensure appropriate consistency of treatment with other students working on that Campus. However, where disciplinary action relates to offences committed in student residences managed by the Tremough Campus Services Limited (TCS), TCS Regulations take precedence. | ||
| 1.3 | The procedure also applies to INTO Exeter students. | ||
| 2 | Classification of Offences | ||
| 2.1 | This Procedure relates to offences other than those relating to academic matters. | ||
| 2.2 | Offences are regarded as either minor offences or major offences. Where in his/her opinion the gravity of an offence appears to warrant it or the appropriate penalty might be beyond the limits fixed for a minor offence, the University officer or official authorised to consider a case initially is obliged to report it to the Director of Academic Services, who may initiate action as described under 4.1 below1. | ||
| 2.3 | Students are usually required to attend a meeting with a University officer or official empowered to impose penalties in order to assist in establishing the nature of a possible offence and will be informed at the outset that the enquiries are being conducted under the terms of the Disciplinary Procedure and could lead to its application. | ||
| 2.4 | Where it is clear that students are involved in an incident or a discussion with a University Officer or Official empowered to impose penalties has already taken place, a standard penalty may be imposed and the student informed of their right to appeal. | ||
| 3 | Minor Offences | ||
| 3.1 | The Senate has authorised the following to impose penalties for minor offences:
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| 3.2 | Save as noted under 3.1 above, one or more of the following penalties may be imposed for a minor offence. (see Appendix 1 - Table of Standard Fines and Penalties for Minor Offences):
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| 3.3 | A student incurring a penalty under Regulation 3 who considers it to be unfair or inappropriate or excessive has the right to appeal against it. Such appeals must be submitted in writing to the Registrar and Deputy Chief Executive within seven working days of notification of the penalty. Upon receipt of the appeal the Registrar and Deputy Chief Executive will arrange for it to be considered by a University officer or a member of the academic staff who is also a member of Senate or a senior administrative officer not previously associated with the case. The person considering the appeal may reject the appeal and confirm the original penalty explaining their reasons for doing so, uphold the appeal, or refer the case to a (non-standing) Disciplinary Appeal Board (Minor Offence). | ||
| 3.4 | The membership of a Disciplinary Appeal Board (Minor Offence) shall comprise the following:
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| 3.5 | The Appeal Board may confirm, reduce, increase (fines to a maximum of £500) or quash the penalty or penalties originally imposed, or may deem the offence a major one and refer it to a Disciplinary Board (Major Offence). | ||
| 4 | Major Offences | ||
| 4.1 | Where under paragraph 2.2 above a case is reported to the Director of Academic Services for possible classification as a major offence, the Director of Academic Services (or their nominated deputy) will decide whether or not to refer the case to a (non-standing) Disciplinary Board (Major Offence). | ||
| 4.2 | The membership of a Disciplinary Board (Major Offence) shall comprise the following:
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| 4.3 | The Disciplinary Board may impose one or more of the following penalties:
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| 4.4 | A student incurring a penalty imposed or recommended by a Disciplinary Board (Major Offence) who considers it to be unfair or excessive has the right to appeal against it. Appeals against penalties for major offences must be submitted in writing to the Registrar and Deputy Chief Executive within seven working days. Upon receipt of the appeal the Registrar and Deputy Chief Executive will arrange for it to be considered by a University officer or a member of the academic staff who is also a member of Senate or a senior administrative officer not previously associated with the case. The person considering the appeal may reject the appeal and confirm the original penalty explaining their reasons for doing so, uphold the appeal, or refer the case to a (non-standing) Disciplinary Appeal Board (Minor Offence). | ||
| 4.5 | The membership of a Disciplinary Appeal Board (Major Offence) shall comprise the following:
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| 4.6 | The Appeal Board shall have powers to confirm, increase, reduce or quash the penalty originally imposed, or in the case of a fine, increase it to a maximum of £750, or recommend to the Vice-Chancellor permanent exclusion from the University. | ||
| 5 | Reports on Disciplinary Proceedings | ||
| 5.1 | All penalties imposed for minor offences shall be reported to the Registrar and Secretary. | ||
| 5.2 | The proceedings of all Disciplinary Boards (Major Offence) and Disciplinary Appeal Boards shall be reported to the Senate. A copy of any such report will be made available to the student involved. | ||
| 5.3 | Records of penalties imposed on students will be included on their personal files held by the University. | ||
| 6 | Non-Payment of Fines | ||
| 6.1 | A persistent refusal to pay a fine or observe some other imposed penalty will be regarded as a major offence. | ||
| 7 | Procedure at Hearings of Boards | ||
| 7.1 | Hearings of Disciplinary Boards will be governed by procedures approved by the Senate (see Annex). | ||
| 8 | Membership of Boards | ||
| 8.1 | No University officer or official authorised to impose penalties for minor offences shall serve on any Disciplinary Board. | ||
| 8.2 | No member of the University involved in the charge brought against a student shall serve on a Disciplinary Board considering that case. | ||
| 8.3 | No member of the University previously involved in hearing a charge brought against a student shall serve on a Disciplinary Appeal Board reconsidering that case. | ||
| 9 | Criminal Proceedings2 | ||
| 9.1 | The fact that the Police are unable, unwilling or not yet able to proceed in a case does not preclude the University from progressing its own disciplinary action. | ||
| 9.2 | Where a Disciplinary Board confirms that an offence has been committed under these procedures and the student has also been sentenced by a criminal court or official tribunal in respect of the same facts, the court's penalty shall be taken into account by the Board in determining the penalty it imposes upon the student. | ||
| 10 | Additional Provisions for Students based at the Cornwall Campus | ||
| 10.1 | So as to ensure appropriate consistency of treatment in disciplinary matters between students of the University of Exeter and those of University College Falmouth based on the Cornwall Campus, the following paragraphs make additional provision for disciplinary cases jointly involving students from the University and the University College arising on that Campus or relating to students registered on programmes taught from the Campus.3 | ||
| 10.2 | Except in the case of student residences, where Tremough Campus Services Limited (TCS) Regulations take precedence, student disciplinary incidents relating to TCS activity or TCS-managed property are subject to the disciplinary procedures of the University and the University College . | ||
| 10.3 | Minor Offences | ||
| 10.3.1 | In the case of a minor offence (other than those involving residences or car parking), consideration of the imposition of any penalty shall be jointly undertaken by one of those listed in 3.1 above and one of the following members of the University College:
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| 10.3.2 | The penalties imposed may be one or more of those listed in 3.2 above. | ||
| 10.3.3 | Where an appeal is made by students against the penalties arising from a case reviewed under 10.3.1 above, the membership of the Disciplinary Appeal Board (Minor Offence) shall comprise the following:
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| 10.4 | Major Offences | ||
| 10.4.1 | The case of a major offence shall be heard by a Disciplinary Board (Major Offence) comprising the following members:
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| 10.4.2 | The penalties imposed by a Disciplinary Board (Major Offence) may be one or more of those listed in 4.3 above. | ||
| 10.4.3 | Any recommendation by a Disciplinary Board for the permanent exclusion of a student shall be made to the Vice-Chancellor of the University or the Principal of the University College , as appropriate to the registration status of the student concerned. | ||
| 10.4.4 | Where an appeal is made by students from both institutions against the penalties, imposed or recommended, arising from a case reviewed under 10.3.2 above, the membership of the Disciplinary Appeal Board (Major Offence) shall comprise the following:
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| 10.4.5 | The powers available to a Disciplinary Appeal Board (Major Offence) are those listed in 4.3 above. | ||
| 11 | Table of Standard Fines and Penalties | ||
Financial penalty bands
A = 10 - 20 hours B = 20 - 30 hours C = 30 - 50 hours |
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| OFFENCE Anti-social behaviour Distribution of unauthorised publicity Drugs - cannabis Drugs other than cannabis Failure to attend a disciplinary meeting Failure to vacate on fire alarm Refusal to identify/False ID Harassment Indoor fireworks or other misuse Misbehaviour: dining room, hall bar, etc Misuse of fire alarms Misuse of fire equipment Noise Non-cooperation/Misdirection Obtaining meals by deception Outdoor fires, barbecues and fireworks Outdoor sports in or near residences Prohibited items Smoking in non-designated areas Theft of property/signs Threatening/Violent behaviour Unauthorised guests Unauthorised parties (>4 guests) Vandalism Verbal abuse/Intimidating behaviour |
BAND 3-5, or referred 2 3 Referred 1 2 2 Referred 3-5, or referred 2 4-5, or referred 4 2 1 1 2 2 Referred 2 2-4, or referred Referred 1 1 3-5, or referred 2 |
COMM. SERV. B - C A B - C B - C B C B - C A - B A A B - C B - C A - B B - C B |
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| Offences to be referred should be passed to the Director of Academic Services as in 2.2. | |||
1 The following list is indicative ( but not exhaustive ) of the type of serious disciplinary offence that could be regarded by the University as a major offence under this procedure:
- Assault, or threatening offensive or indecent behaviour or language that causes distress to others;
- Misappropriation of or damage to University property or to the property of any student or member of staff;
- Harassment of any kind;
- Any action likely to cause injury to any person or impair the safety of others and/or premises;
- Use, possession, buying or selling of illegal drugs;
- Excessive use of alcohol that is likely to endanger the health and safety of self or others;
- A serious breach of University-approved Regulations;
- Any behaviour or action likely to bring the good name of the University into disrepute.
The following list is indicative ( but not exhaustive ) of the types of disciplinary offences that could be regarded by the University as a minor offence under this procedure. Repeated similar offences may be regarded more seriously and consideration to this given in the level of penalty imposed. Students are informed of their responsibilities in the General Regulations for Students and Regulations for Residences:
- Anti-social behaviour;
- Verbal Abuse & intimidating behaviour;
- Refusal to identify to University staff/using false ID;
- Failure to vacate during fire alarms;
- Misuse of fire equipment;
- Use of fireworks;
- Lighting fires/barbeques;
- Dissemination of unauthorised publicity;
- Excessive noise;
- Unauthorised parties (more than 4 guests);
- Outdoor sports played in or nearby residences;
- Smoking in non-designated areas
2 In considering cases where criminal proceedings are involved, the University will take into account the guidance on such matters issued by Universities UK.
3 Terminology may vary between the procedures of the two institutions but the same principles will operate to ensure consistency of application, equity and fairness. University College terms for minor offences and major offences are breaches of discipline and major breaches of discipline respectively.
