What is a student disciplinary?
A student disciplinary is an investigation process which can lead to a penalty. Initiation of 11k Student Disciplinary: Procedure is exceptionally serious. Miconduct can lead to expulsion from BU and as such it's important to seek advice.
How can SUBU Advice help?
Our Advice Workers can help you prepare for formal meetings and hearing and attend with you to ensure you are supported, have your voice heard and that the procedure if followed correctly. The information below should be read in conjunction with 11K Student Disciplinary: Procedure.
What is Misconduct?
Misconduct can occur on University premises or elsewhere and is defined by BU as:
- improper interference with the functioning or activities of the University, or of those who work or study in the University;
- action which otherwise damages the University or its reputation.
Section 6 of 11K Student Disciplinary: Procedure outlines fourteen examples of misconduct. These include:
- any conduct which constitutes a criminal offence;
- disruption of, or improper interference with, the academic, administrative, sporting, social or other activities of the University;
- obstruction of, or improper interference with, the functions, duties or activities of any student or member of staff of the University, or any visitor to the University;
- violent, indecent, disorderly, threatening, intimidating or offensive behaviour or language including behaviour deemed to be a ‘statutory nuisance’
- harassment, bullying or victimisation of any member of the BU community, or any visitor to the University;
- fraud, deceit, deception or dishonesty in relation to the University or its staff, students or visitors;
- theft, misappropriation or misuse of University property, or the property of the University’s staff, students or visitors, caused intentionally or recklessly;
- Use and/or supply of drugs on university or SUBU premises or any associated third party premises (e.g university allocated accommodation)
- misuse or unauthorised use of University premises;
- damage to University property, or the property of the University’s staff, students or visitors, caused intentionally or recklessly;
- action likely to cause injury or impair safety on University premises;
- failure to respect the rights of others to freedom of belief and freedom of speech;
- breach of the provisions of any University rule, regulation, policy, procedure or code of practice;
- failure to disclose personal details to a member of staff of the University in circumstances in which it is reasonable to require that such information be given;
Initiation of Disciplinary Hearing – Initial Procedure
The procedure is initiated when a report of alleged misconduct is made by any person to the Head of Student Services. The Head of Student Services will notify the student in writing of the allegations and invite them to attend a meeting usually within 10 working days of the alleged misconduct being reported (if there is a delay then you will be notified). You will be able to take a friend or representative to this meeting. Our Advice Workers are experienced in supporting students in these meetings and can attend with you.
What will happen?
The Head of Student Services will investigate what has occurred and we advise that you write a statement to explain your situation. The Head of Student Service’s will invite you to a meeting to discuss what has occurred and your statement will ensure you are prepared and give you something to refer to during the conversation, making sure you don’t forget anything that is important. At the end of the discussion the Head of Student Services may decide:
- no case to answer
- the issue can be dealt with more appropriately under a different procedure
- no further action (advice/guidance will be given as appropriate and a note placed on the students file)
- the matter can be dealt with under the Summary Procedures
- no further action other than suspension (if appropriate) to be taken whilst criminal investigations are ongoing
- matter to be referred to Disciplinary panel
If it is suitable to do so, and the student agrees, the Head of Student Services may deal with the case without the need to go to a Disciplinary Panel. This course of action is usually taken where there is an admission of guilt from the student. The student will be notified in writing of any penalty imposed and any factors taken into account when deciding the penalty. Should the student choose not to accept the Summary Penalty then the matter will be referred to a Disciplinary Hearing.
If you have been issued with your first noise Abatement Notice from the local Council then you can expect to invited be invited to attend a BU workshop on anti-social behaviour. Those who fail to attend can expect to receive a fine of £50. You can request that the penalty is reviewed if you were not present at the time of the incident, or were not involved in the incident leading to the NAN being issued. Requests for review are much stronger when you have evidence. Evidence may include travel tickets, witness statements, or anything else that can prove you were not there or involved.
The Head of Student Services may choose to suspend a student pending further consideration of the allegations or the conclusion of ongoing criminal procedure. The suspension is reported to the Vice-Chancellor, Faculty Dean and the General Manager of the Students’ Union.
A Disciplinary Hearing will be arranged normally within 20 working days after the investigation has been completed. A student will be entitled to a minimum of 10 working days’ notice in writing for the Hearing; this notice will give details of the allegation(s), date, time and location of the Hearing.
The student will be invited to submit appropriate documentation in their defence such as a statement and supporting evidence. The Head of Student Services (or representative) will normally attend to present the case. The decision will be given in writing normally within 5 working days.
What could the outcome be?
The possible outcomes are detailed within 11k Student Disciplinary Procedure. Penalties include: ‘no case to answer’, advice and support being offered, a fine of up to £500, up to 40 hours of unpaid services for the University community, suspension, exclusion and expulsion.
You can appeal if you can evidence grounds for an appeal as outlined in Section 19 of 11k Student Disciplinary Procedure. You have a deadline of 10 working days from the written outcome of the Disciplinary Hearing to submit the appeal to firstname.lastname@example.org. Our Advice Workers can advise you if your appeal meets the grounds and provide feedback before you submit it to BU.