Non-Academic Misconduct

Resources

Background

This policy covers all current students and people who have accepted an offer to study at the University.

It applies to individuals as well as student groups (those affiliated with the Union and not).

This applies to cases that happen in University buildings, in the wider community, as well as online.

How does this apply to criminal cases?

Uses ‘the balance of probability’ rather than ‘beyond reasonable doubt’ as is used in the criminal courts. This means that the Student Conduct Team or the investigating panel will be asking themselves “is it more likely than not that this student did [X] based on the evidence available?” rather than “is this true without a doubt?”

If the misconduct is of a criminal nature, the University will normally wait till any criminal trials are over before pursuing misconduct proceedings.

How outcomes may affect you

Some outcomes of proceedings may affect your ability to stay in the UK if you are an international student. Please contact the International Advice Team ([email protected]) as soon as you can and they can help you with questions or questions regarding your visa as part of any non-academic misconduct proceedings.

Non-academic misconduct proceedings may affect your ability to graduate as planned, and you will be notified if this is the case.

Types of non-academic misconduct

The University broadly puts non-academic misconduct into 4 categories:

  • People; this includes physical and sexual misconduct, bullying and harassment, and disruptive behaviour
  • Property, Environment, and Community; this includes damage to property, unauthorised use of property, and anti-social behaviour
  • Health, Safety, and Wellbeing; this includes behaviour which causes or risks causing harm
  • University; this includes disrupting University procedures, and causing damage to the University

First steps

When a report comes in, Heads of Schools/Unit Directors will normally decide if it should be handled by them, or by the Student Conduct Officer. One-off situations where any suffering/damage/loss is minor may be handled at the local level with Heads of Schools/Unit Directors, and involve giving guidance rather than sanctions.

Cases may be referred to Student Conduct when; there has been harm/damage that cannot be repaired, where it is a repeated offence, and/or where the student isn’t showing regret or understanding of the effects of their actions.

If Student Conduct are the first to receive the report, they will decide if discipline is appropriate, and if not they will provide guidance to the student directly.

Investigating the case  

When investigating non-academic misconduct, the Student Conduct Team may:

  • Interview staff, students, or others who may have information
  • Check CCTV and other recordings and records
  • Speak informally to other students (i.e. people living in the same flat/block)
  • Review online communications between the student and the University
  • Find out if the student has had a previous instance of academic or non-academic misconduct

Risk

Certain situations mean that a risk assessment is appropriate, including:

  • The misconduct suggests there a risk to students, the wider community, or the University’s reputation
  • Misconduct which has been reported to the Police or the Procurator Fiscal
  • When proceedings have been suspended

Disciplinary action

There are 3 levels. Most start at Level 1, but stages can be skipped if the case is serious or the misconduct has happened before. If you are an offer holder, your case will always go to Level 2 or 3.

Level 1

The meeting

You will usually have 2 days’ notice to meet with the Student Conduct Team and another member of staff. You can be accompanied by a fellow student, or a member of University or Students’ Association staff if you wish. They are not there to be a defence lawyer, but they can be a friendly face in the room and help explain things if you are unsure.

Procedure

The Student Conduct Team will explain the case, and you will be able to explain your side of things. You will also discuss any previous disciplinary action, and other information as relevant.

Outcomes

You may receive at least one of the following outcomes, depending on your case:

  • Formal warning
  • Fine of up to £150
  • Paying for damages/cleaning costs
  • Ban/restriction from a University building or service
  • A no contact order
  • Confiscating equipment that disturbed people or damaged property
  • Apology to those affected
  • Pay for and attend training
  • Reflective project/report
  • Referral to Student Services or other service
  • Residential Business Services review your accommodation contract where relevant
  • Case goes to Stage 2
  • Case goes to Police

You will be informed of the outcome within 5 working days of the meeting. The outcome will go on your record, and if appropriate, Heads of School will be notified.

Appeals

You can only appeal if:

  • There is new evidence that the University did not know of (you will need to explain why you did not share it at the time)
  • The disciplinary process was not followed properly

If you wish to appeal, email the Deputy Academic Registrar (deputyregistrar@) within 10 working days of your outcome letter. The decision after review is final.

Level 2

The meeting

You will usually have 5 days' notice of the meeting. The Deputy Academic Registrar or delegate will take on this case. There will be a panel made up of the Deputy Academic Registrar or delegate, and the University Security Manager, or a Unit Director, or a Dean, as well as the Student Conduct Team who will be there to take notes.

Procedure

The Student Conduct Team will write a report to explain the case so far. You will also receive this report, along with the rest of the panel 5 working days before your Level 2 hearing. You can also submit further evidence or documents before your meeting, no later than 2 working days before the hearing.

At the meeting, the convenor will explain the case as it stands, and you’ll be able to tell your side of the story too. Other context will be discussed, including if you’ve had any previous cases of misconduct, and if you’ve already had to do any work to make up for misconduct.

Outcomes

You may receive at least one of the following outcomes, depending on your case:

  • Reprimand
  • Fine up to £300
  • Having to pay for damages/cleaning charges incurred
  • Ban/restriction from a University building or service
  • No contact order
  • Confiscating equipment that disturbed people or damaged property
  • Apology to those affected
  • Pay for and attend training
  • Reflective project/report
  • Referred to Student Services or other service;
  • If you’re an applicant, you’ll have to fulfil conditions when you get to the University
  • Residential Business Services review your accommodation contract where relevant
  • Case goes to Stage 3
  • Case goes to Police

You will be informed of the outcome within 5 working days of the meeting. The outcome will go on your record, and if appropriate, Heads of School will be notified.

Appeals

You can only appeal if:

  • There is new evidence that the University did not know of (you will need to explain why you did not share it at the time)
  • The disciplinary process was not followed properly

If you wish to appeal, email the Proctor (proctor@) within 10 working days of your outcome letter. The decision after review is final.

Level 3

The meeting

The Proctor or delegate will take on the case. There will be a panel made up of the Proctor or delegate, and another member of staff; someone from the Principal’s Office, a Dean, or a Head of School or Unit Director. The Deputy Academic Registrar will be there to take notes.

Procedure

You will normally get 5 days' notice of the meeting. The Deputy Academic Registrar will write a report to explain the case so far.  You will also receive this report, along with the rest of the panel 5 working days before your Stage 2 hearing. You can also submit further evidence or documents before your meeting, no later than 2 working days before the hearing.

At the meeting, the convenor will explain the case as it stands, and you’ll be able to tell your side of the story too. Other context will be discussed, including if you’ve had any previous cases of misconduct, and if you’ve already had to do any work to make up for misconduct.

Outcomes

You may receive at least one of the following outcomes, depending on your case:

  • Reprimand
  • Fine up to £300
  • Having to pay for damages/cleaning charges incurred
  • Ban/restriction from a University building or service
  • No contact order
  • Confiscation of equipment causing unreasonable disturbance to people or damage to property;
  • Confiscating equipment that disturbed people or damaged property
  • Apology to those affected
  • Pay for and attend training
  • Reflective project/report
  • Referred to Student Services or other service;
  • If you’re an applicant, you’ll have to fulfil conditions when you get to the University
  • Residential Business Services review your accommodation contract where relevant
  • Not allowed to do assessments
  • Not allowed to attend classes for a period of time
  • If you’re an applicant; changes, pause, or offer of your place taken back
  • Expelled from the University
  • Case goes to Police

You will be informed of the outcome within 5 working days of the meeting. The outcome will go on your record, and if appropriate, Heads of School will be notified. Pauses to studies and expulsions will go on your transcript.

If you have a student visa, any pauses in your studies may mean that you cannot stay in the UK. Please contact the International Advice Team ([email protected]) who can help you with visa matters.

Appeals

You can only appeal if:

  • There is new evidence that the University did not know of (you will need to explain why you did not share it at the time)
  • The disciplinary process was not followed properly

If you wish to appeal, email the Vice Principal, Governance (vpgov@) within 10 working days of your outcome letter. The decision after review is final.

Complaints Handling Procedure

You may  only  make a complaint if the policy has not been followed properly, or if there was a service failing (such as bias/prejudice, not making reasonable adjustments). Please refer to our section on the Complaints Handling Procedure for more information.