These provisions apply to cases dealt with under the Academic Appeal Regulations (Taught Programmes), the Academic Appeal Regulations (Research Programmes), the Procedures for Dealing with Academic Offences, the Student Complaints Procedure, the Conduct Regulations, the Interim Measures Regulations and the Fitness to Practise Regulations.
1. Equality, Diversity and Fair Treatment
1.1 The University has a legal, as well as a moral duty, to treat all students fairly. The University values and promotes equality and diversity and will seek to ensure that it treats all individuals fairly and with dignity and respect. The University seeks to provide equality of opportunity and treatment to all, regardless of a person’s gender identity/expression (this includes Transgender and Non-Binary people); pregnancy or maternity status; marital or civil partnership status; whether or not they have dependants (including caring responsibilities); religious belief or political opinion; race (including colour, nationality, ethnic or national origins, including Irish Travellers); disability; sexual orientation and age.
1.2 The University will seek to ensure that it discharges its duty to make reasonable adjustments in relation to any individual who is disabled under the the Disability Discrimination Act 1995 (DDA).
1.3 Where possible, there will be an equal gender balance on committees.
1.4 Persons involved in cases dealt with under the University Procedures and Regulations set out above, and in particular, Committee members, will be independent and will have no prior knowledge of the student or their circumstances.
2. Fair Treatment
No person who is subject to investigation, who submits an appeal and / or a complaint under University procedures will be treated less fairly as a result. Allegations of victimisation shall be considered under the Anti-bullying and Harassment Policy (staff) or the Conduct Regulations (student) as appropriate.
3. Confidentiality/Disclosure of Information
3.1 The University will take all reasonable steps to limit the disclosure of information as is consistent with investigating the issue(s) raised and the provisions of the Human Rights Act 1998, the General Data Protection Regulation 2016, the Data Protection Act 2018, the Freedom of Information Act 2000, and any other relevant legislation.
3.2 There may be circumstances where it is necessary for the University to share information either within the University or with external organisations, including to allow the University to discharge its safeguarding obligations or as required by law.
3.3 The University reserves the right to report an allegation of a crime (to the police) where it considers it necessary.
3.4 In order to protect all individuals involved in University procedures and to ensure a fair investigation, all staff and students are expected to respect the integrity of University processes and the confidentiality of information arising from them, unless there is an overriding reason to disclose information. This does not constitute a non-disclosure agreement.
3.5 Students who are found to have breached the confidentiality of a University process may face disciplinary action under the relevant regulations and associated procedures.
4. Duty of Candour/Fabricated Evidence
4.1 It is expected that any person involved in any University process will treat all others involved with respect and courtesy and will behave honestly and with integrity throughout the process. It is also expected that evidence (written or oral) provided to the University by any person will be true to the best of that person’s knowledge.
4.2 Students who are found to have made false allegations, acted dishonestly, provided false evidence or made defamatory comments may face disciplinary action under the relevant regulations and associated procedures.
5. Frivolous or Vexatious Complaints
The University will not accept complaints (of misconduct or otherwise) by students which are deemed to be frivolous (i.e. a complaint which has no reasonable chance of success) or vexatious (i.e. where there can be no additional remedy in addition to one that the student has already been offered, or where the complaint is found to be mischievous). If a complaint submitted by a student is found to be frivolous or vexatious, the matter may be considered as a misconduct offence under the Conduct Regulations, the Fitness to Practise Regulations, or may be considered under the Procedure on Support to Participate fully in Study and/or University Life (on the Grounds of Health and/or Safety).
6. Defamatory or Derogatory Comments
Students should be careful not to make unsubstantiated or defamatory allegations or comments about students, members of University staff or any other person. If the University considers that an allegation or comment may be deemed to be defamatory, it may require it to be retracted or deleted before permitting the investigation and /or appeal to continue. If a student refuses to do so, the offending material may be deleted by the University and the student may be referred for a separate investigation under the Conduct Regulations and/or the Fitness to Practise Regulations.
7. Evidence
The University reserves the right to request and consider independent evidence, including medical evidence, as it deems appropriate. Where considered necessary, a committee may adjourn a meeting in order to allow time for such further evidence to be obtained. However, should a student wish for specific evidence to be included in support of their case, the onus is on the student to obtain and present this evidence by the specified deadlines. Evidence provided by a student in support of their case must be presented in English. Where evidence is in a language other than English, the original evidence together with an English translation must be provided by the student.
8. Standard of Proof
The University procedures are evidence-based processes and the standard of proof shall be on the balance of probabilities.
9. Right to be Accompanied
9.1 Any student has the right to be accompanied at any stage in the proceedings by a registered student of the University (which includes a Students’ Union Sabbatical Officer), or a member of staff of the University (which includes staff from SU Advice), or University Chaplaincy. The role of the person accompanying a student is one of support, not representation, and the student will be expected to answer questions themselves and make their own representations
9.2 A student may be permitted, exceptionally, to be accompanied by an additional internal member of the University or an individual from outside the University. Valid reason for this must be provided in order for this exception to be granted.
10. Expert Advisors
10.1 In some circumstances, it may be appropriate for the University to invite expert advisors (internal and external as appropriate to the concern) to attend committee/panel meetings. The expert advisor will be present to provide expert advice on a specific subject, will not be a member of the committee/panel and will not be involved in the committee/panel decision making. Where an expert advisor is present at a committee/panel meeting, the student and expert advisor shall each be present while the other is speaking.
11. Recordings
Meeting participants are not permitted to make electronic or digital audio or visual recordings of any meetings or proceedings under these regulations without the express consent of all participants. Any unauthorised recording may lead to action under the Conduct Regulations. and/or the Fitness to Practise Regulations.
12. Communication
The University will normally communicate by email with anyone involved in University processes. In the case of students or University staff, this will normally be to their University email address. Where correspondence is sent to a student by post it will be sent to their current term-time address registered with the University.
13. Decision Notification
Decisions made under the University Regulations and Procedures relating to Academic Appeals, Conduct, Academic Offences, Student Complaints and Fitness to Practise will normally be communicated to the student within eight working days of the decision being made. Where it is not possible for the University to meet this deadline, for whatever reason, the student will be informed.
14. Late Appeals/Complaints
Appeals or complaints received after the specified deadline will not be considered unless the student can evidence circumstances beyond their control (e.g. hospitalisation) which meant that they were unable to submit their appeal/complaint by the relevant deadline.
15. Relevant Regulations/Procedure
15.1 For Conduct, Student Complaints and Fitness to Practise: In the event that a case extends over more than one academic year, the applicable University regulations and/or procedures shall be those in place at the time when the case was first instigated.
15.2 For academic appeals and academic offences: In the event that an appeal extends over more than one academic year, the relevant University regulations and/or procedures shall be those in place at the time when the relevant assessment was taken by the student.
15.3 In complex cases, where more than one procedure may apply, the Director of Academic Services (or nominee) and a senior colleague shall decide which University Regulations shall be followed.
16. Central Monitoring and Record Keeping
Data will be retained in line with the University’s Records Retention Schedules.