University of Strathclyde Calendar 009-10 Part General Regulations

5.11 Senate Discipline Committee: Records and Reports

5.11.1 The Senate Discipline Committee shall keep a report of its proceedings and, where necessary, a summary of evidence given at hearings conducted by it. The report shall give the name of the student or students, the nature of the alleged offence and the outcome of the proceedings.

5.11.2 An anonymised report shall also be submitted to the Senate at its next meeting.

5.11.3 A copy of all such reports shall be held by the University and, except as directed by the Chief Operating Officer, shall be available only to individuals or committees authorised to conduct disciplinary investigations.

5.11.4 The report shall be made available to the student.

5.12 Proceedings before the Senate Discipline Appeals Board

5.12.1 Appeals against decisions of the Senate Discipline Committee in matters of a major or serious nature may be taken to the Senate Discipline Appeals Board, in accordance with the procedure laid down in Regulation 5.14.

5.12.2 An appeal against a decision of a Disciplinary Officer or by a committee or other body duly authorised as above, may be taken to the Senate Discipline Appeals Board provided that the Senate Discipline Appeals Board gives its permission for such a further appeal, being satisfied that an important point of principle is involved.

5.12.3 The decision of the Senate Discipline Appeals Board ratified by Senate shall be final, subject to the student’s further rights of external appeal.

5.13 Senate Discipline Appeals Board: Constitution

5.131 The Senate Discipline Appeals Board shall be drawn from:

(i) the Vice-Principal who shall be Convener;

(ii) two members of the Senate, appointed by Senate;

(iii) the Honorary President of the Students Association or the Honorary President's nominee, who shall not be a student;

(iv) a member of the University Court, appointed by Court, who shall not be a member of the academic staff;

(v) two members of the Students Representative Council appointed by the Executive Committee of the Students Association

5.13.2 Persons who have been involved, in any capacity, in a particular case at an earlier stage shall be disqualified from membership of the Senate Discipline Appeals Board in respect of meetings at which that case is to be considered. Where this situation arises, the Convener is authorised to appoint on behalf of the Senate substitute members in lieu of those persons so disqualified and shall report the action to the next meeting of the Senate. Substitute members shall demit office when the particular case has been disposed of by the Senate Discipline Appeals Board.

5.13.3 Five members (including the Convener) shall constitute a quorum.

5.14 Senate Discipline Appeals Board: General Procedure

5.14.1 The appellant shall be given at least fourteen days' notice in writing by the Chief Operating Officer, whom failing the Director of Corporate Services, of the time and place of the meeting of the Senate Discipline Appeals Board.

Normally not more than four weeks shall elapse between the receipt of the Note of Appeal and the date set for the hearing of the Appeal.

5.14.2 Where the Senate Discipline Appeals Board decides to hear the case de novo or alternatively to admit new evidence, the appellant shall be informed in writing by the Chief Operating Officer, whom failing the Director of Corporate Services, that witnesses may be called in support of the appellant's case.

The appellant shall also be advised that they may be legally represented or be accompanied by a person of their choice who will be allowed to address the Senate Discipline Appeals Board.

5.14.3 Any evidence including extenuating or mitigating circumstances not previously notified which the appellant wishes to be considered by the Senate Discipline Appeals Board must be submitted to the Chief Operating Officer at least seven days before the hearing,

5.14.4 The appellant must inform the Chief Operating Officer, at least five days before the hearing of the Appeal, of the names of the representative and witnesses who will be appearing on the appellant's behalf. The appellant shall be entitled to receive from the Chief Operating Officer a note of the names of the witnesses who will be appearing on behalf of the University.

5.14.5 The Senate Discipline Appeals Board may request the attendance of additional witnesses where it considers that their evidence would be of assistance.

5.14.6 At the hearing of an Appeal, the appellant shall be heard first and thereafter the case on behalf of the University shall be presented by the Chief Operating Officer or a member of staff designated by the Secretary. The appellant may at the discretion of the Senate Discipline Appeals Board be heard in reply.

5.14.7 All persons giving evidence may be cross-examined and may be questioned by any member of the Senate Discipline Appeals Board, by the appellant, by the representative of the appellant, and by the Chief Operating Officer or the designated member of staff.

5.14.8 It shall be competent for the Senate Discipline Appeals Board at any stage on cause shown to adjourn, continue or postpone a hearing for a period not normally exceeding four weeks.

5.14.9 The appellant and their representatives and the University's representatives shall withdraw while the Senate Discipline Appeals Board considers its decision and shall return to hear it delivered.

5.14.10 In the event of the Senate Discipline Appeals Board rejecting the Appeal, the appellant or the appellant's representative may address it in extenuation or mitigation before the Senate Discipline Appeals Board proceeds to deal with the matter of penalty or sentence.

5.14.11 It shall be competent for the Senate Discipline Appeals Board to set aside, vary or confirm the decision or penalty previously imposed by the Senate Discipline Committee.