University of Strathclyde Calendar 009-10 Part General Regulations

5.5 Proceedings before Disciplinary Officers or Authorised Committees (Minor Offences)

5.5.1 The student concerned shall be advised in writing of the date of the hearing, the details of the alleged offence, including the formal complaint or charge, and shall be asked whether or not they intend to admit or deny responsibility. Cases shall normally be heard as soon as is practicable. Normally not more than four weeks shall elapse between the date of notification to the student of the details of the offence and the date set for the hearing of the case.

5.5.2 If the offence is admitted or proved, the student shall be given the opportunity of making a statement in extenuation or mitigation. The Disciplinary Officer or committee hearing the case shall thereafter impose a suitable penalty, which shall not exceed those prescribed in the appropriate regulations (for example the Library Regulations). In the absence of a specific regulation any one or more of the following penalties may be imposed:

(i) a fine not exceeding an amount determined by the Senate (set in Session 2007/08 at £100);

(ii) a reprimand, a suspension of facilities, services or privileges for a stated period not exceeding one semester;

(iii) a requirement to make good in whole or in part any damage caused.

Subsequent failure to pay a fine or to make good damage by the date specified will constitute a major offence.

5.5.3 The decision of the Disciplinary Officer or committee concerned as to penalty or sentence shall be final, subject to the student's right to appeal to the Senate Discipline Committee against the sentence or penalty imposed.

5.5.4 Where the student has not admitted the offence and, after a full hearing of the case, does not accept the decision or findings or the sentence or penalty imposed by the Disciplinary Officer or committee concerned, the student may appeal to the Senate Discipline Committee.

5.5.5 Any Note of Appeal concerning a minor offence shall be submitted to the Chief Operating Officer within fourteen days from the hearing of the case and must state the grounds upon which the appeal is made. The Appeal shall be heard by the Senate Discipline Committee.

5.5.6 Normally not more than four weeks shall elapse between the receipt of the Note of Appeal and the date set for the first hearing of the appeal by the Senate Discipline Committee.

Proceedings before the Senate Discipline Committee (Major Offences)

5.6.1 The Senate Discipline Committee shall deal with all offences of a major nature. Examples of breaches of discipline are set forth in Regulations 5.4.2 but such examples are illustrative only and shall in no way limit or restrict the jurisdiction of the Senate Discipline Committee.

5.6.2 The Senate Discipline Committee shall also deal with Appeals, in the case of minor offences, from a decision of or against sentence imposed by a Disciplinary Officer or by a committee or sub-committee formed in terms of Regulation 5.1.4.

5.7 Senate Discipline Committee: Constitution

5.7.1 The Senate Discipline Committee shall be drawn from:

(i) a Senior Officer (other than the Vice-Principal) who shall be Convener except that, in the absence of a Senior Officer, one of the Senate members identified in (ii) below shall be elected Convener by the Committee for that meeting;

(ii) fifteen members of the academic staff appointed by the Senate with three members drawn from the Senate membership of each Faculty. The Senate representatives shall hold office for a period of three years from the first day of August following the date of their appointment. They shall, however, cease to be members of the committee on ceasing to hold the appointment by virtue of which they became members. Members shall be eligible for re-appointment.

(iii) the President of the Students Association (ex officio);

(iv) one member of the Students Representative Council appointed by the President of the Students Association, or in the President's absence, by the Deputy President.

5.7.2 A legal adviser may be invited by the Convener to sit with the Senate Discipline Committee and the Convener may also invite not more than two persons from outwith the University to attend any meeting of the Senate Discipline Committee. None of the said persons so invited shall be entitled to vote, but may give advice to or address the Committee at the invitation of the Convener.

5.7.3 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 Committee 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 Committee.

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

5.8 Senate Discipline Committee: General Procedure (Major Offences)

5.8.1 It shall be the duty of the Chief Operating Officer, whom failing the Director of Corporate Services, to decide whether an alleged breach of discipline falls into the category of an offence of a major nature in terms of Regulation 5.4.2. If such a breach is identified as a major offence, it shall be referred in due course to the Senate Discipline Committee. If the alleged offence is not classified as major it shall be remitted to a Disciplinary Officer of the University or a committee, duly authorised under Regulations 5.2.1 and 5.2.3, for attention and disposal.

5.8.2 If the identity of the student or students alleged to have committed a serious offence is not known, the Chief Operating Officer may appoint a Committee of Inquiry (consisting of not more than three persons) to ascertain the relevant facts. The Committee of Inquiry may include a student nominated by the President of the Students Association but shall not include any member of the Senate Discipline Committee. Every student interviewed or questioned by the Committee of Inquiry shall be informed that it is not necessary to make a statement.

The Committee of Inquiry shall report its findings to the Chief Operating Officer. The Chief Operating Officer shall then decide whether or not there is a prima facie case against any student or students. If there is a case, the Chief Operating Officer shall arrange for the preparation and presentation of the case before the Senate Discipline Committee and the formulation of the complaint or charge against the student or students concerned.

5.8.3 In cases where it is thought that a student may be involved in criminal conduct, the Chief Operating Officer in consultation with the Principal shall, where deemed appropriate, report the matter to the police.

The fact that the criminal authorities are unable to obtain a conviction or are unwilling to proceed with a criminal prosecution does not preclude the University from taking such disciplinary action against the student in question as may be thought to be fitting or necessary.

5.8.4 Students against whom allegations have been made shall be advised in writing by the Chief Operating Officer, whom failing the Director of Corporate Services, of the details of the alleged offence and the date of the hearing of the Student Discipline Committee. At least fourteen days notice of the meeting of the Senate Discipline Committee shall be given.

Normally not more than six weeks shall elapse between the date of formal notification from the Chief Operating Officer to the student of the details of the complaint or charge against the student and the date set for the first hearing of the case. Each student shall also be advised in writing that they may be legally represented or be accompanied by a person of their own choice, who shall be entitled to address the Senate Discipline Committee, and that they are entitled to call witnesses in support of their case.

5.8.5 Any evidence which the student wishes to be considered by the Senate Discipline Committee must be submitted to the Chief Operating Officer at least seven days before the hearing.

Each student must inform the Chief Operating Officer, at least five days before the hearing, of the names of any witnesses and any representative whom the student wishes to attend. The student shall be entitled to receive from the Chief Operating Officer a note of the names of the witnesses who shall be appearing on behalf of the University.

5.8.6 The case for the University shall be presented before the Senate Discipline Committee by the Chief Operating Officer or a member of staff designated by the Secretary. At the instigation of the Chief Operating Officer, the University may be legally represented.

5.8.7 The student, their representatives and the University's representatives shall withdraw while the Senate Discipline Committee considers its decision and shall return to hear it delivered.

5.8.8 Where the charge is found proven, the student or the student's representative may address the Senate Discipline Committee in extenuation or mitigation before it proceeds to deal with the matter of penalty or sentence.

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

5.8.10 If the student wishes to admit the offence this may be done in writing before the date of the hearing.

The student shall still be entitled to appear before the Senate Discipline Committee and, after consideration of the case, the student or the student's representative may address the Senate Discipline Committee in extenuation or mitigation before sentence or penalty is pronounced.

5.8.11 The student has the right to appeal against a decision or finding of the Senate Discipline Committee. Such an appeal may be against sentence or penalty, on a point of law or fact or on a point of mixed law and fact. The Note of Appeal must be lodged with the Chief Operating Officer within fourteen days of the date of the disposal of the case by the Senate Discipline Committee and must state the grounds upon which the appeal is made.

5.9 Senate Discipline Committee: Penalties

5.9.1 A student who is deemed to be in breach of discipline may be liable to one or more of the following penalties:

(i) an admonition;

(ii) a reprimand;

(iii) a fine;

(iv) in the case of abuse of any of the University services or facilities, disqualification from using these services or facilities for a stipulated period;

(v) requirement to make good to the satisfaction of the University any damage or injury caused to the property of the University or an institution attended as part of a University course;

(vi) in the case of academic dishonesty such as plagiarism and cheating in examinations, the deduction of marks in a particular assessment or assessments, and/or the requirement to resubmit an assessment or assessments, and/or the requirement to resit a class or a diet of examinations, and/or the requirement to reattend any part of the course, and/or preventing progress to the next stage of the course, and/or the capping of degree classification, and/or the withholding of award (final or exit), and/or the deferment of an award for up to twelve months. Other penalties may be imposed such as, but not exclusively, those stated in Regulations 5.9.1(vii) and 5.9.1(viii);

(vii) suspension from attendance at the University for a stipulated period;

(viii) expulsion from the University;

(ix) such other penalties as may be appropriate.

The above list of disciplinary penalties is not exhaustive and the University reserves the right to impose other penalties it deems appropriate and proportionate to the offence.

5.9.2 Any of the above penalties may be suspended for a period of time on specified conditions.

5.9.3 Where a student is found to be in breach of discipline, the Senate Discipline Committee may defer sentence for a period not exceeding six months. For the avoidance of doubt, such deferral shall be without further disruption to the student’s studies.

5.10 Senate Discipline Committee: General Procedure (Appeals against Penalties Imposed for Minor Offences)

5.10.1 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 Committee

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.

5.10.2 Where the Senate Discipline Committee 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 informed that they may be legally represented or be accompanied by a person of their choice who will be allowed to address the Senate Discipline Committee.

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

5.10.4 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.

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

5.10.6 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 Disciplinary Officer or a member of staff designated by the Secretary. The appellant may at the discretion of the Senate Discipline Committee be heard in reply.

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

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

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

5.10.10 It shall be competent for the Senate Discipline Committee to set aside, vary or confirm the decision or penalty previously imposed by a Disciplinary Officer (see Regulation 5.1.6).

5.10.11 The appellant has the right to appeal against a decision or finding of the Senate Discipline Committee. Such an appeal may be against sentence or penalty, on a point of law or fact or on a point of mixed law and fact. The Note of Appeal must be lodged with the Chief Operating Officer within fourteen days of the date of the disposal of the case by the Senate Discipline Committee and must state the grounds upon which the appeal is made.