This procedure should be read in line with the Interim Measures Regulations and section 4 of the Conduct Regulations. Where there is any doubt, the Conduct Regulations take precedence.
1. Introduction
1.1 From time to time, it may be necessary for the University to put in place interim measures, following receipt of allegations of misconduct against a student, or while a Relevant University Procedure (as defined at regulation 2 of the Interim Measures Regulations), is ongoing.
1.2 Interim measures may be enacted at any time during a Relevant University Procedure where it is appropriate and proportionate to do so.
1.3 Interim measures are designed to be protective, and to provide for the continued access to education of all students wherever possible, to ensure the safety and wellbeing of all students, and to protect the integrity of any investigation or Relevant University Procedure.
2. Procedure
2.1 Consideration of Interim Measures
2.1.1 Upon receipt of an allegation of misconduct, and at any time during a Relevant University Procedure, it may be deemed appropriate to consider putting in place interim measures pending conclusion of the Relevant University Procedure.
2.1.2 Where appropriate, assistance and input from other relevant University departments will be sought, to determine the suitability of the following interim measures, in the order set out:
- Requirement for student(s) to move accommodation – this may apply to the Responding Student and / or the Reporting Person;
- Future Conduct Requirement – this may apply to Responding Students and /or the Reporting Person;
- Placement Suspension – this will normally only apply to the Responding Student;
- Precautionary Suspension– this will normally only apply to the Responding Student.
- Withholding of the academic award – this will normally only apply to the Responding Student.
2.2 Requirement to Move Accommodation
2.2.1 Students required to move accommodation will be assisted by Accommodation staff to do so.
2.2.2 In cases of serious misconduct, or where relationships between students have broken down, it may be necessary to require students to move accommodation on very short notice, and at times outside of normal working hours. In such circumstances, decisions will be made on a case-by-case basis by Accommodation staff, and communication will be made directly by Accommodation staff to the relevant student(s), without the requirement for a Risk Assessment Panel as set out in section 3.
2.3 Future Conduct Requirement
2.3.1 The purpose of a Future Conduct Requirement is normally to minimise contact between the Reporting Person and any witnesses, and the Responding Student; to provide a facility for unintended contact to be reported to the University; and to ensure all students are supported in the event of unintended contact.
2.3.2 A Future Conduct Requirement will remain in place until it is determined no longer necessary.
2.3.3 Any student for whom a Future Conduct Requirement is to be put in place will receive written details of the terms of the Future Conduct Requirement by email to their University email address.
2.4 Placement Suspension
2.4.1 It may be necessary for the University to suspend a Responding Student from placement (clinical or otherwise) in circumstances as set out in regulation 6.1 of the Interim Measures Regulations.
2.4.2 In cases where a placement provider decides not to permit a student to attend placement prior to the University making a decision in relation to a placement suspension, the University will notify the student of the placement provider’s decision. Any request for review of the decision by the student will be made under the placement provider’s procedures.
2.5 Precautionary Suspension
2.5.1 It may be necessary for the University to suspend a Responding Student from attendance on campus (wholly or partially), their programme of studies (in person or digitally), or from accessing University services or facilities in order to mitigate risks identified, in accordance with regulation 7 of the Interim Measures Regulations.
2.6 Withholding the Academic Award
2.6.1 Where an allegation of serious misconduct is made close to graduation, or where a Relevant University Procedure is ongoing close to graduation, information will be gathered in the form of a risk assessment from relevant University departments. The risk assessment is required to ascertain the level of risk associated with permitting the Responding Student to proceed to graduate, without:
- completing the Relevant University Procedure(s); or
- completion of a police investigation and / or criminal proceedings.
3. Risk Assessment
3.1 If it is deemed appropriate to put in place interim measures, information will be gathered in the form of a risk assessment from relevant University departments to ascertain the level of risk the Responding Student may present to other students, staff and the wider community, as well as any reputational, or potential for reputational damage to the University, and any risk to the Responding Student themselves.
3.2 This risk assessment will be reviewed by the Risk Assessment Panel, to confirm which, if any, interim measures should be considered.
3.3 The Risk Assessment Panel shall comprise two senior members of University staff.
3.4 Following consideration by the Risk Assessment Panel, immediate decisions can be made as follows:
- Student(s) may be required to move accommodation; or
- A Future Conduct Requirement may be put in place.
3.5 If a precautionary suspension, placement suspension or withholding the academic award is being considered, the Responding Student will be invited to attend a meeting of the Risk Assessment Panel, to present their case. Given the potential risks identified as part of the risk assessment, such a meeting may take place on short notice.
3.6 The Risk Assessment Panel reserves the right to hear the case on the paperwork (presented by both the University and the Responding Student) alone should the Responding Student fail/not wish to attend this meeting.
3.7 The Risk Assessment Panel will make a decision as per regulation 9.2 of the Interim Measures Regulations. The Risk Assessment Panel decision will be communicated to the Responding Student as soon as possible and normally within eight working days of the decision being made. This decision will explain the reasons for the decision made and will signpost the student to their right of appeal.
3.8 Where the Risk Assessment Panel decides that the academic award will be made to the Responding Student, measures may be put in place to minimise contact between the Responding Student and other specific individuals at a graduation ceremony e.g. Responding Student seated separately from other individuals, Responding Student not permitted to attend the garden party after the graduation ceremony, Responding Student required to attend a different graduation ceremony.
3.9 If the matter is deemed to be urgent by the Risk Assessment Panel, a precautionary suspension or placement suspension may be imposed immediately, or the decision to withhold the academic award may be made immediately (without a meeting between the Risk Assessment Panel and the Responding Student as indicated at section 3.5). In such circumstances, the Responding Student will have the right to request a review of the decision to impose the interim measure. Such a review will take the form of a meeting between the Responding Student and the Risk Assessment Panel, in accordance with section 3.5. The meeting may be with the original Risk Assessment Panel, or a Risk Assessment Panel constituted of new members. Thereafter the Responding Student will have the right of appeal set out at section 4.
4. Right to Appeal
4.1 Where a precautionary suspension or placement suspension is imposed or the decision is made to withhold the academic award, the Responding Student shall have the right to appeal to a Risk Assessment Appeal Panel. Students wishing to appeal must submit a Risk Assessment Appeal Form (see section 7) and any supporting evidence to the Appeals, Conduct and Complaints Team (appeals@qub.ac.uk) within five working days of notification of the decision of the Risk Assessment Panel.
4.2 There is no right to appeal the decision to apply a Future Conduct Requirement or the decision to require a student to move accommodation.
4.3 The grounds on which an appeal can be made are detailed within regulation 10.1 of the Interim Measures Regulations.
4.4 Late Appeals
4.4.1 As per section 13 of the General Provisions Relating to Academic Appeals, Conduct, Academic Offences, Student Complaints and Fitness to Practise, appeals received after the deadline will not normally be accepted. If the Responding Student can demonstrate that they were unable to submit their appeal before the deadline due to circumstances beyond their control (e.g. hospitalisation), the appeal may be accepted. The Responding Student must submit a written statement to this effect, along with any supporting evidence. This statement and any supporting evidence must be submitted at the same time as their appeal documentation, and should relate to the entire period from notification of the original decision until submission of the late appeal. Failure to submit this documentation will result in the late appeal not being accepted.
4.4.2 The statement and supporting evidence detailing the reasons for the late appeal will be considered by the Head of Academic Affairs (or nominee). The Head of Academic Affairs (or nominee) will determine:
- That the Responding Student has evidenced sufficient cause for their late appeal to be accepted for consideration; or
- That the Responding Student has not evidenced sufficient cause for the late appeal to be accepted for consideration, and the appeal will not progress.
4.4.3 The decision of the Head of Academic Affairs (or nominee) will be communicated to the Responding Student within eight working days of the decision being made. In the case of the late appeal not being accepted for consideration, the outcome letter will explain the reasons for the decision and will advise that there is no further internal right of appeal; signposting the Responding Student to their right to submit a complaint of maladministration in the procedure to the Northern Ireland Public Services Ombudsman (NIPSO) within six months of notification of the final decision.
4.5 Risk Assessment Appeal Panel
4.5.1 The Risk Assessment Appeal Panel will comprise the Director of Academic Services (or nominee), and a senior colleague.
4.5.2 The Risk Assessment Appeal Panel may request such other documentation or information as it deems appropriate, in order to inform its decision. The Responding Student will be invited to attend the Risk Assessment Appeal Panel meeting and to make representations on their own behalf. However, the Risk Assessment Appeal Panel reserves the right to hear the case on the paperwork alone should the Responding Student fail/not wish to attend this meeting.
4.5.3 The Risk Assessment Appeal Panel will consider the case and make a decision in line with regulation 10.3 of the Interim Measures Regulations. The decision of the Risk Assessment Appeal Panel will be communicated to the Responding Student within eight working days of the decision being made. The outcome letter will explain the reasons for the decision made and will advise that there is no further internal right of appeal; signposting to their right to submit a complaint of maladministration in the procedure to the Northern Ireland Public Services Ombudsman within six months of notification of the final decision.
5. Review of Precautionary Suspension, Placement Suspension or Decision to Withhold the Academic Award
5.1 Where a precautionary suspension or placement suspension is imposed or the decision is made to withhold the academic award, the decision will not be re-evaluated until such times as there has been a development which impacts upon the Risk Assessment. Both the Responding Student and key stakeholders are responsible for raising any new evidence and/or information about key developments which may impact upon the Risk Assessment with the Appeals, Conduct and Complaints Team.
5.2 If developments are raised, the terms of the precautionary suspension or placement suspension or the decision to withhold the academic award will be re-evaluated by either the original Risk Assessment Panel, or a Risk Assessment Panel constituted of new members. This re-evaluation will be conducted on the paperwork alone. The Responding Student will be advised of the outcome within eight working days.
6. Removal of a Precautionary Suspension or Placement Suspension, or Decision to Make the Academic Award
The Responding Student will be advised if and when a precautionary suspension or placement suspension is removed, or when the decision is made to make the academic award. This notification may be as a result of a risk assessment appeal, a re-evaluation under section 5, or the outcome of a Relevant University Procedure.
7. Templates, Forms and Guidance
The relevant templates, forms and guidance can be found at: https://www.qub.ac.uk/directorates/AcademicStudentAffairs/AcademicAffairs/AppealsComplaintsandMisconduct/InterimMeasures/