D - Disciplinary Procedure – Non-academic Misconduct

Preface

1.1

The University of Exeter is a community, and as members of this community students are expected to adhere to University rules and regulations, to show respect for persons and property, and to behave in a way that does not interfere with normal and/or safe operations of the University. Each student has the right and ability to make decisions about their conduct, and the responsibility to accept the consequences of their decisions. Where there is reason to believe that rules and regulations have been broken, and/or when the behaviour of a student falls below the expected standards outlined in Section 5 below, the Disciplinary Procedures will be instigated by authorised staff acting as Disciplinary Officers (see Section 14 below).

1.2

The maintenance of discipline and good conduct is the responsibility of Senate, and these procedures outline the means by which disciplinary matters involving non-academic misconduct will be managed, and the sanctions that may be imposed.

1.3

The Disciplinary Procedures define misconduct as either minor or major depending on the seriousness of the alleged misconduct, and the specific procedures for each definition are outlined below. The University does not have jurisdiction to make determinations about criminal matters, even where alleged misconduct may also constitute a criminal offence. The disciplinary process will explore if the student's conduct is in breach of the student's contract with the University.

1.4

Where misconduct has occurred, the intention will be to focus on a corrective response rather than one which is solely punitive.

1.5

In cases where the student alleged to have committed an offence may pose a risk to staff and students, the procedures should be used to assess and manage such risk. Where risk is judged to be serious, a recommendation may be made to a Vice-President and Deputy Vice-Chancellor to temporarily suspend or exclude the student from all or parts of the University grounds and facilities. The authority to permanently expel a student from the University is granted exclusively to Senate.

Scope of the Disciplinary Procedures

2.1

The Disciplinary Procedures apply to all undergraduate, postgraduate taught and postgraduate research students registered at the University of Exeter on all campuses, and also students registered on INTO programmes.

2.2

Where disciplinary action relates to incidents occurring in student accommodation owned or managed by Falmouth and Exeter Students' Union/FX Plus in Cornwall, these regulations may take precedence.

Relationship and interface with other policies and procedures

3.1

This Disciplinary Procedure relates to matters of non-academic misconduct.

3.2

Where the alleged misconduct relates to academic matters, it should be referred for action under either the Academic Conduct and Practice procedures found in Chapter 12 of the Assessment, Progression and Awarding: Taught Programmes Handbook, or the University's Research Misconduct procedure.
https://as.exeter.ac.uk/academic-policy-standards/student-cases-and-conduct/academicmisconductincludingexaminationmisconduct/
http://as.exeter.ac.uk/academic-policy-standards/tqa-manual/pgr/

3.3

Following the outcome of a complaint brought under either the University's Student Complaints Procedure or the Staff Grievance procedure, the behaviour of a student(s) may be referred for handling under the Disciplinary procedures.
https://as.exeter.ac.uk/academic-policy-standards/student-cases-and-conduct/studentcomplaints/
http://www.exeter.ac.uk/staff/employment/procedures/grievanceprocedure/

3.4

If a disciplinary case has been taken forward as a result of a misconduct/sexual misconduct report, the reporting party will normally be told:

What steps were taken to investigate the complaint;
A summary or high-level description of the evidence made available to the decision-maker(s), or a copy of the evidence;
Who made the decision(s);
What measures may have been put in place to prevent the issue that led to the report happening again;
If the behaviour is found to have had an adverse impact on the reporting party, a remedy for that impact.

3.5

Records relating to minor offences shall be held locally by the Authorised Officer responsible for instigating the procedure, except where professional accrediting bodies require notification from the Faculty (or delegated School) concerned. Students registered on programmes leading to membership of a professional body should demonstrate appropriate behaviour and standards required for entry into that profession. Alleged misconduct which may be judged to fall short of professional codes of conduct should be considered under the Fitness to Practise Procedures. Details of the programmes of study covered by these regulations can be found in Annex 1 of the Fitness to Practise Procedures.

http://www.exeter.ac.uk/staff/policies/calendar/part1/otherregs/fitness/

3.6

Where relevant, should a student's health and/or disability be implicated in a misconduct allegation, consideration will be given to the support available to a student under the Health, Wellbeing and Support for Study process.

3.7

Where a student feels they would benefit from adjustments to the disciplinary process on the grounds of health and/or disability, any requests for adjustments should be made as required to Student Conduct via studentconductmail@exeter.ac.uk so that requests can be considered. Examples of adjustments could be include additional time to prepare for an investigative meeting; or for email communications to be sent during particular days or times of the day, or to avoid particular days or times of the day.

The University also has a Wellbeing Service who can provide support to students during the disciplinary process. Should a student feel that they would benefit from the support offered by Wellbeing, they may inform Wellbeing that they are seeking support in relation to the disciplinary process, and Wellbeing staff will aim to accommodate support before and/or after any disciplinary investigation meeting/hearing as required. Students may also request support from the University's Welfare team during any investigation meetings and/or hearings, if required.

3.8

In the event that an investigation into an alleged offence raises concerns for the welfare of an accused student, the Authorised Officer, with the accused student's consent, may raise their concerns with the University's Wellbeing and Welfare Service.

3.9

The University places great importance on its relationship with the local community in which students live and socialise. The University encourages students to engage and participate in community life, and to develop an ethos of personal and social responsibility in doing so. Whilst resident in the local community the University expects students to behave in a way that is respectful and courteous to their neighbours and to other members of their community, and not to engage in anti social behaviour that causes distress or harm to others. Where possible and appropriate the University will attempt to resolve complaints locally, working in partnership with the Police and other statutory authorities if necessary. Persistent cases, or cases which cannot be resolved locally, may be referred to the Student Cases Office for disciplinary action. The University's Anti-Social Behaviour Policy can be found here: http://www.exeter.ac.uk/businessandcommunity/university/students/issues/

This principle also applies to students who are resident in University accommodation, where we would expect a similar level of responsibility and reasonable behaviour as we would in the wider community. Full details may be found in the Terms and Conditions of Residence:

https://www.exeter.ac.uk/study/accommodation/contractsandpolicies/contract24-25/

3.10

Students found in possession of and/or taking illegal drugs may be subject to disciplinary action. The University will co-operate fully in any Police investigation into the use, supply or provision of controlled drugs and/or substance abuse. The University's Student Alcohol and Drugs Policy can be found here.

General Principles

4.1

Normally an allegation will be investigated in the first instance in accordance with Section 6 of this procedure, unless the allegations are deemed sufficiently serious as to be considered by the Head of Student Cases (or nominee) as warranting immediate referral to a Major Disciplinary Board (as described in Section 9).

4.2

This procedure seeks to operate in a fair manner; it does not seek to reproduce elements of criminal law or the criminal justice system. It is not a formal legal process, although the University has legal obligations which will apply to this procedure: for instance, the University has the duty to act fairly and reasonably in relation to all parties in the application of this procedure. The rules of evidence in English law do not apply, and the standard of proof required is the balance of probabilities: that is, it is more likely than not that the alleged misconduct occurred. This procedure complies with the rules of natural justice, which confer on a student their right to know the case against them; the right to be given an opportunity to defend themselves; the right to confidentiality, and the right for the case to be considered by an impartial arbiter.

4.3

The student may be accompanied, but not represented by, a supporter, who may not act as an advocate. Students involved in disciplinary procedures shall have the right to be accompanied to any investigative meeting or any hearing by a fellow student or member of staff from the University, the Students' Guild or the Falmouth and Exeter Students' Union. The supporter is there to provide moral support. The student is expected to speak on their own behalf, there is no automatic right for a supporter to speak on the student's behalf and it is at the Chair's/Authorised Officer's discretion as to whether the supporter is permitted to address the meeting. Should a supporter act outside those actions described above, the Chair/Authorised Officer will suspend the meeting/hearing and ask the supporter to leave; in the event that the student is unable to continue the meeting without the supporter being present, the meeting will continue in the student's absence based on the documentation provided and any verbal representations received up to that point.

4.4

The University will wherever possible seek to adhere to the time limits outlined within these procedures, but in cases where there are special circumstances which require variance from specified time limits, students will be advised of the reasons for this by the member of staff handling the investigation or hearing. This might be because there are several parts to the case, there is a large amount of documentation, there are a number of parties to speak with, parties involved in the case have health and/or disability related adjustments that impact timeframes, or it is linked to another case and has to be put on hold to await the other case’s outcome.

4.5

Where possible and practical, students will be given the opportunity to attend disciplinary hearings to defend themselves in person, either in person or by virtual means e.g. via Teams. However, the University reserves the right to proceed with any investigative meeting or disciplinary hearing in the absence of a student, subject to the student having been properly notified of the date and time of the hearing (failure to attend without due notification may lead to further disciplinary action, as per Section 7.1 below), or in cases where criminal proceedings do not allow the student to attend in person. The University will ensure that the student is given opportunity to make written representation when they cannot attend in person.

4.6

The University reserves the right not to proceed with any investigation following an allegation against a student if it is considered that there are insufficient grounds and/or evidence to do so.

4.7

During the application of this Disciplinary Procedure the University reserves the right to adjourn any disciplinary investigation or hearing and reconvene at a later date.

4.8

When investigating an alleged breach of University regulations, the Authorised Officer will request any relevant information which may include CCTV/body worn camera footage from Estate Patrol. When the alleged breach of regulation has occurred in premises, run by the Students' Guild, the University will work in partnership with the Students' Guild and share any relevant data which may include CCTV footage.

It should be noted that the University cannot request CCTV or other evidence that belongs to third party organisations. This does not prevent a student requesting such evidence from the third party organisation under Data Protection legislation.

4.9

Meetings with students may be held in person or by other means, such as via Teams or telephone conferencing. Students registered for online programmes would not be required to attend a meeting in person where other means exist. If a student is unable to attend a meeting by any means available, they may submit written representations in lieu of attendance. Failure to attend a meeting or to submit representations would not invalidate proceedings, and a case may be heard in a student's absence where reasonable attempts have been made to engage them with the disciplinary process.

Definition of disciplinary offences

5.1

In general terms, disciplinary offences are likely to fall into one of the categories below and maybe heard under either the minor or major disciplinary process depending on the severity of the case:

Actions which cause actual or potential distress or harm to others irrespective of whether or not distress or harm was intended;
Actions which cause actual or potential damage to the property of others;
Actions which disrupt the normal operations, and/or safe use of, the University including where applicable, reputational damage to the University;
Actions which impede or interfere with the pursuance of work/ study of University members, or which impact on normal operations of the University.

Examples of alleged offences and their severity are below, the examples given are illustrative and are not exhaustive:

5.1.1

Actions which cause actual or potential distress or harm to others irrespective of whether or not distress or harm was intended:

Minor	Major
Sexual misconduct	Sexual misconduct
Verbal abuse or intimidation	Verbal abuse or intimidation
Assault or causing physical harm	Assault or causing physical harm
Threatening, offensive or indecent behaviour	Threatening, ofefnsive or indecent behaviour
Acts of bullying, harassment or intimidation	Persistent acts of bullying, harassment or intimidation
Breaches of precautionary action imposed under this or other procedure, such as being on campus when under exclusion	Contacting a member of the University community when under contract not to do so
Distress caused to others through excessive and unacceptable levels of noise in accommodation, either on campus or in the local community	Persistent distress caused to others through excessive and unacceptable levels of noise in accommodation, either on campus or in the local community
Anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community irrespective of the level of intoxication	Persistent anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community irrespective of the level of intoxication
	Theft, fraud, handling stolen goods (on the University's campuses), or deliberate falsification of records
Possession and/or intent to supply illegal substances (including drugs, psychoactive substances, and nitrous oxide)	Possession and/or intent to supply illegal substances (including drugs, psychoactive substances, and nitrous oxide)
Possession and/or misuse of any weapons, illegal items or items which we consider to be offensive or dangerous (including but not limited to, licenced firearms; models, paintball guns; replica, ceremonial or toy weapons; knives)	Possession and/or misuse of any weapons, illegal items or items which we consider to be offensive or dangerous (including but not limited to, licenced firearms; models, paintball guns; replica, ceremonial or toy weapons; knives)
Trespassing and/or unauthorised entry	Persistent trespassing and/or unauthorised entry
Infringement of the University's Health and Safety rules; for example, failure to vacate a building or other areas during fire alarms, lighting fires or barbecues in unauthorised areas, or tampering with safety equipment, or tampering with, or misusing, fire safety equipment; for example, covering/removing smoke/heat detectors, propping open fire doors or malicious activation of fire alarms
Failure to comply with explicit rules or regulations; for example, unauthorised parties in residences, smoking/vaping in non-designated areas, burning candles/incense in University accommodation, causing a disturbance in examinations, repeated unauthorised parking on campuses
Display or distribution of any material (including posters and leaflets) that the University reasonably deems as being potentially offensive	Display or distribution of any material (including posters and leaflets) that the University reasonably deems as being potentially offensive
Multiple or repeated minor offences	Multiple or repeated minor offences

5.1.2

Actions which cause actual or potential damage to property of others:

Minor	Major
Causing minor damage to property	Causing serious and deliberate damage to property
Multiple or repeated minor offences involving damage to property	Multiple or repeated minor offences involving damage to property

5.1.3

Actions which disrupt the normal operations, and/or safe use of, the University including where applicable, reputational damage to the University:

Minor	Major
Sexual misconduct	Sexual misconduct
Verbal abuse or initimidation	Verbal abuse or initimidation
Assault or causing physical harm	Assault or causing physical harm
Acts of bullying, harassment or intimidation	Persistent acts of bullying, harassment or intimidation
Breaches of precautionary action imposed under this or any other procedure, such as being on campus when under exclusion	Contacting a member of the University community when under contract not to do so
Distress caused to others through excessive and unacceptable levels of noise in accommodation, either on campus or in the local community	Persistent distress caused to others through excessive and unacceptable levels of noise in accommodation, either on campus or in the local community
Anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community, irrespective of a student’s level of intoxication	Persistent anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community, irrespective of the a student’s level of intoxication
	Theft, fraud, handling stolen goods (on the University's campuses), or deliberate falsification of records
Possession and/or intent to supply illegal substances (including drugs, psychoactive substances, and nitrous oxide)	Possession and/or intent to supply illegal substances (including drugs, psychoactive substances, and nitrous oxide)
Possession and/or misuse of any weapons, illegal items, or items which we consider to be offensive or dangerous (including but not limited to, licenced firearms; models, paintball guns; replica, ceremonial or toy weapons; knives)	Possession and/or misuse of any weapons, illegal items, or items which we consider to be offensive or dangerous (including but not limited to, licenced firearms; models, paintball guns; replica, ceremonial or toy weapons; knives)
Trespassing and/or unauthorised entry	Persistent trespassing and/or unauthorised entry
Infringement of the University's Health and Safety rules; for example, failure to vacate a building or other areas during fire alarms, lighting fires or barbecues in unauthorised areas, or tampering with safety equipment, or tampering with, or misusing, fire safety equipment; for example, covering/removing smoke/heat detectors, propping open fire doors or malicious activation of fire alarms
Failure to comply with explicit rules or regulations; for example unauthorised parties in residences, smoking/vaping in non-designated areas, burning candles/incense in University accommodation, causing a disturbance in examinations, repeated unauthorised parking on campuses
Display or distribution of any material (including posters and leaflets) that the University we reasonably deems as being potentially offensive	Display or distribution of any material (including posters and leaflets) that the University we reasonably deems as being potentially offensive
Multiple or repeated minor offences	Multiple or repeated minor offences
Actions which are likely to bring the University into disrepute and/or cause interference to the normal operations of the University, for example when the student is acting in connection with University business: such as a member of the Students' Guild or Falmouth and Exeter Students' Union, a member of an Athletic Union Club, or participating in a University-organised field trip	Actions which are likely to bring the University into disrepute and/or cause interference to the normal operations of the University, for example when the student is acting in connection with University business: such as a member of the Students' Guild or Falmouth and Exeter Students' Union, a member of an Athletic Union Club, or participating in a University-organised field trip

5.1.4

Actions which impede or interfere with the pursuance of work/study of University members, or impact on normal operations of the University:

Minor	Major
Sexual misconduct	Sexual misconduct
Verbal abuse or intimidation	Verbal abuse or initimidation
Assault or causing physical harm	Assault or causing physical harm
Threatening, offensive or indecent behaviour	Threatening, offensive or indecent behaviour
Acts of bullying, harassment or intimidation	Persistent acts of bullying, harassment or intimidation
Breaches of precautionary action imposed under this or other procedure, such as being on campus when under exclusion	Contacting a member of the University community when under contract not to do so
Distress caused to others through excessive and unacceptable levels of noise in accommodation, either on campus or in the local community	Distress caused to others through excessive and unacceptable levels of noise in accommodation, either on campus or in the local community
Anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community, irrespective of the level of intoxication	Persistent anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community, irrespective of the level of intoxication
	Theft, fraud, handling stolen goods (on the University's campuses), or deliberate falsification of records
Possession and/or intent to supply illegal substances (including drugs, psychoactive substances, and nitrous oxide)	Possession and/or intent to supply illegal substances (including drugs, psychoactive substances, and nitrous oxide)
Trespassing and/or unauthorised entry	Persistent trespassing and/or unauthorised entry
Infringement of the University's Health and Safety rules; for example, failure to vacate a building or other areas during fire alarms, lighting fires or barbecues in unauthorised areas, or tampering with safety equipment, or tampering with, or misusing, fire safety equipment; for example, covering/removing smoke/heat detectors, propping open fire doors or malicious activation of fire alarms
Failure to comply with explicit rules or regulations; for example unauthorised parties in University residences, smoking/vaping in non- designated areas, burning candles/incense in University accommodation, causing a disturbance in examinations, repeated unauthorised parking on campuses
Refusal to respond to reasonable requests from relevant University staff; for example refusing to confirm identity when requested by a member of staff during the normal course of their duties, failure to attend a disciplinary meeting/workshop without good reason, repeated unauthorised parking on campuses
Display or distribute any material (including posters and leaflets) that we reasonably deem as potentially offensive	Display or distribute any material (including posters and leaflets) that we reasonably deem as offensive
Multiple or repeated minor offences	Multiple or repeated minor offences
Anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community	Anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community
Actions which are likely to bring the University into disrepute and/or cause interference to the normal operations of the University, for example when the student is acting in connection with University business: such as a member of the Students' Guild or Falmouth and Exeter Students' Union, a member of an Athletic Union Club, or participating in a field trip	Actions which are likely to bring the University into disrepute and/or cause interference to the normal operations of the University, for example when the student is acting in connection with University business: such as a member of the Students' Guild or Falmouth and Exeter Students' Union, a member of an Athletic Union Club, or participating in a field trip
Persistent refusal to pay a fine imposed by the University, or to observe another penalty imposed following a disciplinary hearing

5.1.5

Multiple and/or repeated offences will be regarded with more seriousness than a first offence.

5.1.6

The University reserves the right to investigate allegations which occur off its campuses if it is deemed that a student's action may impact specific members of the University and/or the wider University community. The University cannot act in the place of a private landlord or the Police.

5.2

Violation of Examination Regulations specifically a noise disturbance, will be considered as a disciplinary offence. Following an invigilator's report as submitted to the Student Cases Office, a minimum fine of £50 will be levied against a candidate for a first offence. There will be no requirement for a disciplinary investigation meeting under Section 6 of this Procedure. A student will have the right of appeal against such a fine, as set out in Section 8 of this procedure 'Right of Appeal for Minor Offences'.

Investigation Stage and Meeting(s)

6.1

Authorised Officers will undertake whatever investigation they feel is necessary to establish the facts of the case. Incident(s) that suggest a breach of the University's regulations and/or Terms and Conditions of Residence may be conducted via an investigative meeting in the first instance; and in some cases it may be necessary to undertake investigative meetings simply in order to establish the facts of a case. An example of this would be an incident(s) involving a number of students where it is necessary to establish who was involved, in what capacity, and to what extent in order to identify who could be ruled in or out of an investigation.

6.2

Where investigative meetings are required, invitations will be conveyed to the Student's University of Exeter email account (which should be checked daily); this email will outline the nature of the matter under investigation. Where possible, this invitation should be in writing and should give the student at least 48 hours' notice of the meeting. However, there may be circumstances when an urgent investigation is required and, in such cases, an invitation may be made verbally and/or in writing, and less than 48 hours' notice may be given.

6.3

Where possible and appropriate, action in respect of minor disciplinary offences should be taken locally and close to the source of the alleged offence by staff authorised to act as Authorised Officers, as outlined in Section 14 of this procedure.

6.4

Where an investigative meeting is called, it is in order to allow the student to hear the nature of the matter under investigation and for them to present their response to the investigation. For this reason, while the student may participate in an investigation with the benefit of a supporter, it will not normally be appropriate for the supporter to speak on the student's behalf, particularly where matters of fact are under discussion.

6.5

In cases where video/audio footage is to be used in the investigation of an alleged offence, the video/audio footage may be shown to a group where more than one individual is involved in the alleged offence.

6.6

The outcome of the investigative stage will normally be one of the following:

In accordance with Section 4.6 of this procedure where there is insufficient evidence to progress with any investigation the University reserves the right not to proceed
The matter requires further investigation before classification of the offence as minor or major can be identified. A student will be informed of this by the Authorised Officer(s) at the earliest opportunity.
The Authorised Officer(s) determines that a breach of the University's regulations and/or Terms and Conditions of Residence, classified as minor, has been committed and therefore proceed as described in Section 7 (Procedures for Hearings - Minor Offences).
The Authorised Officer determines that the matter is substantiated and should be referred to a Student Cases Manager (or their nominee) to determine whether the matter should be referred for consideration by a Major Disciplinary Board (as described in Section 9).

7	Procedures for Hearings - Minor Offences
7.1	Following investigation, where the Authorised Officer determines the allegation is proven and is minor this may be communicated verbally or in writing. Penalties will be applied in accordance with those allowed under Section 7.2 below.
7.2	Within 10 working days of completion of an investigation, the Authorised Officer will confirm in writing the imposition of any penalty applied; A caution; this means that no penalty is imposed on this occasion, but if the student is found guilty of the same or a similar offence on a subsequent occasion the application of this caution will be considered No further action A written warning A behavioural contract A suspended fine of not less than £50 but not exceeding £200 per offence Compulsory attendance at an appropriate workshop Restitution of damage (where physical damage has been caused) Restorative justice (e.g. a letter of apology) Temporary or permanent exclusion from the use of specific University facilities or services: including, where relevant, a recommendation to the Students' Guild/Students' Union/FX Plus that an exclusion is imposed.
8	Right of appeal for minor offences
8.1	A student may exercise the right to appeal against the outcome of a minor disciplinary hearing by completing the Disciplinary Offences Appeal Form and submitting it to the Authorised Officer at studentconductmail@exeter.ac.uk - this must be submitted within ten working days of the date of the letter notifying the student of the outcome of the disciplinary hearing. All relevant evidence which is to be considered must be submitted with the appeal application. The University will not gather evidence on a student's behalf.
8.2	The request for the right to appeal will be considered by the Divisional Director of Corporate Services (or their nominee). The student will be asked to select the ground(s) on which their appeal is being submitted; the right to appeal will only be granted if the student has presented, on the face of it, evidence of one or more of the following grounds: Procedural irregularity Bias, or failure to reach a reasonable decision in handling the process Evidence of further material circumstances which could not reasonably have been expected to have been submitted for consideration at the time of the investigation/hearing. The penalty imposed was disproportionate to the offence
8.3	If, on the face of it, there are grounds for appeal, the Divisional Director of Corporate Services (or their nominee) will undertake a review of the relevant documentation held, but will not re-hear the case or interview the student. They may then decide to take action as follows: Uphold the original decision Uphold the original decision but reduce the penalty Overturn the original decision and remove the penalty
8.4	The student will normally be notified of the decision within 30 calendar days of receipt of the appeal by the Student Cases Office.
9	Procedure for Hearings – Major Offences
9.1	If an allegation(s) is deemed by the Head of Student Cases (or nominee) to be sufficiently serious, the case will be referred to a (non-standing) Disciplinary Board (Major Offence).
9.2	Where the alleged offence has been classified as major, an Authorised Officer may conduct an investigation under Section 6 above for referral to a Major Disciplinary hearing.
9.3	The membership of the Major Disciplinary Board shall comprise the following; Director of Education Services and Student Experience/Head of Professional Services (Cornwall) (or their nominee) as Chair One other senior University manager, for example a member of Professional Services Leadership Team An officer of the Students’ Guild or the Athletic Union President (in Exeter)/Falmouth and Exeter Students' Union (in Cornwall) The proceedings will be recorded by a person acting as Secretary to the Board
9.4	The student will be advised in writing of the nature of the alleged offence and the date of the Major Disciplinary Board meeting. This notification will usually be sent at least ten working days in advance of the hearing to the student's University email account (which should be checked daily). When the Chair deems there are exceptional circumstances which require a shorter period of notice to be given, the reasons for this will be explained to the student.
9.5	The Investigative Officer or the student may nominate witnesses to appear before the board or to provide written statements. If this is the case the student should advise the Secretary of the Board at least seven working days before the hearing, in order to allow the Secretary to advise potential witnesses, collect statements, and circulate any statement(s) to both the Board and to the student. It should be noted that the University cannot compel witnesses to attend the Board.
9.6	Any questions the student wishes to ask of witnesses must be submitted in advance, via the Secretary to the Board, for the consideration and approval of the Chair. Approved questions will be asked of witnesses by the Chair on the student's behalf.
9.7	Statements and other documentation, such as a report on the referral of the alleged offence(s) to a Major Disciplinary Board, will be circulated to both the Board and the student not less than five working days in advance of the meeting, although later circulation than this may be allowed at the discretion of the Chair.
9.8	Failure on the student's part to attend the Disciplinary Board meeting would not invalidate proceedings where reasonable attempts to engage the student with the process have been made.
9.9	The format for the meeting will be as follows: Board members will meet in private to consider matters of process. The Student (and supporter, if relevant), the Investigating Officer, and any reporting party/witness(es) will join the meeting. The Chair will lead a round of introductions. The Investigating Officer will outline the case, setting out their findings and the reason for referring the case to the Board, and will answer any questions from the Board. The reporting party/witness)es) will be asked to make a statement or confirm the testimony gathered during their investigation, and will answer any questions from the board or the Student through the Chair. The Student will be invited to make a statement and answer any questions from the Board. The Investigating Officer will be invited to make closing remarks. The reporting party/witness(es) will leave the meeting. The Student will be invited to make closing remarks. The Student (and their supporter, if relevant), and the Investigating Officer will leave the meeting. The Board will retire to consider its decision.
9.10	On retiring, the Board will consider:- If sufficient evidence has been presented to consider the offence proven. If proven, what severity of offence has been found. What penalty should be applied in the case and why.
9.11	The student will be notified of the outcome in writing within five working days of the meeting, confirming the findings of the Board and, where relevant, the imposition of any sanction(s) as outlined below, (or those outlined in, Section 7.2 where the Board consider that the offence should be classified as minor): Caution; this means that no penalty is imposed on this occasion, but if the student is found guilty of the same or a similar offence on a subsequent occasion the application of this caution will be considered. A written warning A Caution, which means that no penalty is imposed, but if the student is found guilty of the same or a similar offence on a subsequent occasion in the following 12 months (or some other specified period), they will then be dealt with for both offences A suspended fine of not less than £50 but not exceeding £500 A fine of not less than £50 but not exceeding £500. (in the case of a suspended fine the Authorised/ Investigating Officer will advise the student of the circumstances in which the fine would become payable) Compulsory attendance at an appropriate workshop Restitution of damage (where physical damage has been caused) Behavioural contract Restorative justice (eg a letter of apology) Exclusion from use of the use of specific University facilities or services Temporary exclusion from the University A recommendation that Senate exercise the authority granted under the University Statutes to permanently exclude the student from the University, which can include exclusion from University facilities, grounds and premises
9.12	The Board's decision will be followed by a full report, which will be the full written record of the meeting and a formal outcome letter. The student will have 10 working days following receipt of the full report and outcome letter to submit an appeal (for further information on appeals please see Section 10), except in cases where sexual mosconduct is deemed to have occured in which case the student will have 20 working days to appeal.
10	Appeals – Major Offences
10.1	A student may exercise the right to appeal against the outcome of a Disciplinary Board (Major Offence), by completing the Disciplinary Offences Appeal Form and submitting it to the Student Cases Office within 10 working days of receipt of the full report and outcome letter, or within 20 working days where a finding of sexual misconduct/report of misconduct has been found. All relevant evidence which the student wishes to be considered must be submitted with the appeal application. The University will not gather evidence on a student's behalf.
10.2	The University will normally aim to resolve the appeal within 30 calendar days of receipt of the appeal, or otherwise inform the student of the expected delay.
10.3	An appeal is not a re-hearing of the disciplinary case. The student will select the ground(s) on which their Appeal is being invoked, and the request for the right to appeal will only be granted if there is, on the face of it, evidence of the following grounds: Procedural irregularity Bias, or failure to reach a reasonable decision in handling the process Evidence of further material circumstances which could not reasonably have been expected to have been submitted for consideration by the Disciplinary Board. The penalty imposed is disproportionate
10.4	An appeal will be considered initially by a Board constituted of three members of the University Senate and/or Professional Services Leadership Team who will not previously have been involved in the case. A member of the University's Corporate Services will be appointed as Secretary to the Appeal Board.
10.5	The Appeal Board will appoint one of its members to act as Chair. The consideration of the appeal will explore if the student has presented, on the face of it, grounds for appeal (on the grounds described in 10.3) based on the documentation submitted by the student as part of the appeal as well as the full documentation originally submitted as part of the Major Disciplinary Board. If the Appeal Board are agreed (by verdict of 2:1 vote or greater) that the student has presented, on the face of it, grounds for appeal, an Appeal Board will be convened in line with Section 10.6 below.
10.6	Procedures for Senate Appeal Board/Disciplinary Appeal Board (Major Offence)
10.7	The student will be informed of the date of the Appeal Board meeting at least 10 working days in advance. The student may choose to attend the Appeal Board but the Appeal Board may also hear a case in the student's absence. If the student is unable to attend the Appeal Board in person they may attend the meeting via Teams or by other electronic means. If the student cannot attend the Board meeting at all, their appeal will be considered on the basis of the documentation received.
10.8	A member of the Major Disciplinary Board will also be asked to attend the Appeal Board.
10.9	The student will have the right to be supported at the meeting, normally by a registered student or employee of the University and/or an officer of the Students' Guild Advice Unit/Falmouth and Exeter Students' Union. The supporter is there to provide moral support, to support the student in their preparations for the meeting, and to support the student with asking and answering questions during the meeting. The student will be expected to speak on their own behalf and it will be at the Chair's discretion whether the supporter is permitted to address the Appeal Board. Should the supporter act outside those actions described the Chair may suspend the meeting and ask the supporter to leave. In the event the student is unable to continue the meeting without the supporter, the meeting may continue in the student's absence based on the documentation provided and any verbal representations received up to that point. The student must inform the Secretary of the Appeal Board of the name of anyone the student wishes to accompany them at least five working day before the meeting. The person accompanying the student may address the Appeal Board only with the agreement of the Chair.
10.10	Copies of all the documents to be considered will be circulated to the student and the Appeal Board at least 5 working days before the meeting.
10.11	The meeting will begin with private discussions by the Appeal Board to clarify matters of process.
10.12	The order of the meeting will normally be as follows:- The student (and their supporter, should they have one) and a member of the Disciplinary Board (Major Offence) will be invited to join the meeting The Student will be invited to present their case The Appeal Board may question the student about their case The member of the Disciplinary Board (Major Offences) will be invited to present the case on behalf of the Disciplinary Board (Major Offences) about the case Once all questions have been asked and answered the member of the Disciplinary Board (Major Offences) will be invited to make any closing remarks The student will then be invited to make any closing remarks The Appeal Board will retire to consider its verdict
10.13	The Appeal Board (Major Offence) shall have the authority to: Uphold the original decision and penalty imposed Uphold the original decision but reduce the penalty imposed Overturn the original decision and remove any penalty imposed In instances where new information which is presented at the appeal stage causes the Appeal Board to conclude that the offence is more serious than was originally considered, the Board is empowered to impose a greater sanction, up to the limits outlined in Section 9.10 above.
10.14	Where the student is not deemed to have presented, on the face of it, grounds for the appeal they will receive an outcome letter which explains the decision made and the reasons for it. When a Senate Appeal/Disciplinary Appeal Board (Major Offence) has been convened the student will receive a summary outcome within 5 working days of the Appeal Board with a full report and outcome letter to follow. In either case the outcome letter will explain that the student's case has exhausted the University's procedures, and will explain the student's right to request a review of their case by the Office of the Independent Adjudicator for Higher Education (OIA).
11	Disciplinary offences which are also subject to criminal investigation
11.1	When a case is being investigated by the Police, the University will first and foremost co-operate with the criminal investigation. This will not preclude the University from taking precautionary action where there is deemed to be a risk to the wider University community.
11.2	When a complaint is made by a student against another student which results in an investigation by the police, the University reserves the right to inform the complainant of any requirements that the police have placed on the University's disciplinary case. When a matter is subject to Police investigation, as well as this procedure the University reserves the right to communicate with the police as relevant.
11.3	When there is a criminal investigation, and there are updates to the progress and/or status of the case, the student must update the University's Authorised Officer within 24 hours.
11.4	When a charge or conviction has been brought, the University's Authorised Officer will make recommendations to the Director of Education Services and Student Experience (or nominee) who will recommend next steps in-line with Sections 6, 7, 9 and 12, taking into account the following guidance:
11.4.1	When the student has been charged or convicted of a criminal offence, the University will review whether the offence(s) may be a breach of the University's Regulations that may be considered under this procedure. In the case that the matter has resulted in a conviction in a criminal court, this shall be taken as conclusive evidence that the alleged offence has occurred, and no investigation shall be required by the University.
11.4.2	When a charge or criminal conviction has been made, the focus of University disciplinary proceedings may include an assessment of the risk posed to staff and/or students. It may also include an assessment of the material impact caused by reputational damage to the University, particularly when this impedes or interferes with the normal operations of the University, or when it affects important relationships between the University and key individuals, agencies and stakeholders. If disciplinary action is taken, the penalty imposed by the court shall be taken into account when determining any further penalty.
11.4.3	In the case of a charge or criminal conviction, where criminal proceedings (including bail conditions, period of time spent on remand, period of time served in custody following conviction) result in a student being absent from their study for a period of less than 12 months it will normally be the case that their studies will be interrupted for this period. In such circumstances it will be the responsibility of the student to notify the Student Cases Office regarding the date of their release from custody. The Director of Education Services and Student Experience (or their nominee) will then assess the case in accordance with Section 12.
11.4.4	In the case of a criminal conviction where criminal proceedings (including bail conditions, period of time spent on remand, period of time served in custody following conviction) result in a student being absent from their study for a period in excess of 12 months, the student will be deemed withdrawn from the University. This does not preclude the student seeking re-entry to the University at a later date, subject to meeting Admissions policies and procedures.
11.4.5	When the student has been acquitted, the University will take into account the decision of the court.
12	Precautionary action in advance of a disciplinary investigation or hearing
12.1	Receipt of an allegation of a disciplinary offence(s) does not mean that the allegation si proven. While a matter is under investigation, whether the investigation is with the Police or with the University, precautionary action may be imposed to manage risk. When the nature of an alleged disciplinary offence suggests that there may be risk to the safety of others, or where the student accused of an offence may be at risk of harm themselves, or where the student's presence on campus may impede an investigation, the Director of Education Services and Student Experience (or their nominee) will undertake a risk assessment, This may result in action as follows:
12.1.1	Precautionary contract:- The student will be required to comply with specific conditions set out in the precautionary contract. The precautionary contract is not a penalty, and does not indicated that the student is presumed guilty of any offence. The purpose of the precautionary contract is to outline the expectations of the student's conduct during a period of investigation. For example, it may set out that the student must not contact, by any means or for any reason, another named student(s).
12.1.2	Precautionary suspension from studies and/or exclusion from the University's facilities, grounds and premises:- In addition to, or as well as, a precautionary contract as set out above, a request may be made to Deputy Vice-Chancellor to exercise the authority granted under University Statutes to suspend the student from any class(es) and/or to exclude the student from any part or all of the University facilities, grounds and premises, until such time as any criminal proceeding and/or University disciplinary proceedings have been concluded. Exclusion from University related activity can include activity that takes place away from campus such as field trips, placements and/or activities organised through University facilities such as Athletics Union related activities (this list is not exhaustive). Where such an action is taken, and where relevant, the University will inform relevant Students' Guild.Students' Union/FX Plus staff of the impostion of precautionary action. A precautionary suspension or exclusion is not a penalty, and does not indicate that the student is presumed guilty of any offence.
12.1.3	A breach of a precautionary contract and/or campus exclusion may result in referral to a Disciplinary Board (Major Offence) in accordance with Section 6 above.
12.1.4	The decision to temporarily suspend and/or exclude a student from all or part of the University, and the reasons why this action is being taken may be communicated verbally in the first instance. When this is the case, written confirmation outlining the reasons for this decision and notice of the right of appeal should be provided to the student within two working days of being them being notified verbally.
12.2	The decision to suspend and/or exclude a student will be reviewed by the University at appropriate intervals in order to ensure that any relevant change in circumstances are considered in a timely manner. Whilst the precautionary suspension and/or exclusion is in place, the student may request a review of this if there is a relevant change to their circumstances. This request should be made to the Student Cases Office via studentconductmail@exeter.ac.uk.
12.3	Right of Appeal against the imposition of a precautionary contract:- A student may exercise their right to appeal against the imposition of a precautionary contract by completing the Disciplinary Offences Appeal Form and submitting it to studentconductmail@exeter.ac.uk within ten working days of the imposition of the precautionary contract. The appeal will be considered in accordance with the arrangements set out Section 8 of this procedure. All relevant evidence which is to be considered must be submitted with the appeal application. The University will not gather evidence on a student's behalf. Right of Appeal against a temporary suspension and/or exclusion:- The student may appeal against the decision to suspend and/or exclude them from all or part of the University, by submitting a written request stating the reason for the appeal to the office of the Vice Chancellor and Chief Executive (or their nominee) within 10 working days of the date issued on the notice of the temporary suspension and/or exclusion. All relevant evidence which the student wishes to be considered must be submitted with the appeal application. The University will not gather evidence on a student's behalf.
12.4	The President and Vice-Chancellor, or their nominee, will consider the appeal and may take action as follows: Uphold the original decision and confirm the terms of the suspension and/or exclusion Uphold the original decision but reduce or restrict the terms of the suspension and/or exclusion Overturn the original decision and remove the suspension and/or exclusion In cases where additional information presented as part of the appeal suggests that the level of risk is higher than previously assessed, the President and Vice-Chancellor (or their nominee) may increase or extend the terms of the suspension and/or exclusion
12.5	The student will normally be notified of the decision within 30 calendar days of the receipt of the letter requesting an appeal.
13	Reporting and Monitoring
13.1	Records relating to minor offences shall be held locally by the Authorised Officer responsible for instigating this part of the Disciplinary procedure, except where professional accrediting bodies require notification from the Faculty (or delegated School) concerned.
13.2	Authorised Officers holding records of minor offences will submit an annual report outlining the numbers, types and outcomes of minor disciplinary offences to the Student Cases Office.
13.3	A member of the Student Cases team will compile an annual report of all minor and major disciplinary cases for submission to Senate each year.
14	Authorised Officers (Minor Offences)
14.1	When alleged offences are classified as minor in line with the guidance in Section 6, disciplinary proceedings may be instigated locally by relevant staff within the University (Exeter and Cornwall campuses), INTO, and the Athletics Union (AU).
14.2	Senate has authorised the following staff to investigate and impose penalties for minor disciplinary offences: Director of Education Services and Student Experience (or nominated representative) A member of the Student Cases team (or nominated representative) Head of Library (offences related to use of the Library) Director of Commercial, Residential and Capus Services (or nominated representative) Member of the Contracts and Residence Experience team Member of the Residence Operations team Head of Security (or nominated representative) AU President AU Manager Director of Sport Community Liaison Officer INTO Centre Director (or nominated relevant INTO staff) Head of Professional Services (Cornwall) Education Business Partner (Cornwall) Education Support Manager (Cornwall)
14.3	Where alleged misconduct is deemed to be major, a Disciplinary Board (Major Offence) will be convened, with membership as outlined in Section 9.