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Interim Measures Regulations

1. Introduction

1.1 Circumstances may arise where it is necessary and proportionate to put in place interim measures at any time during a Relevant University Procedure.

1.2 Interim measures are temporary in nature not a sanction. Interim Measures are designed to be protective to provide for the continued access of students to education (as far as possible), to ensure the safety and wellbeing of all students, and to protect the integrity of any investigation or University procedure. However, failure to adhere to interim measures may result in review of the interim measures and action being taken under the Conduct Regulations or other Relevant University Procedure. 

2. Definitions

In these Regulations:

  1. An individual who brings a report against a student which results in the instigation of a Relevant University Procedure, shall be referred to as “the Reporting Person”.
  2. A student who is subject to a Relevant University Procedure shall be referred to as “the Responding Student”.
  3. 'Relevant University Procedure’ includes, but is not limited to, the Conduct Regulations, Fitness to Practise Regulations, Procedures for Dealing with Academic Offences, Procedure on  Support to Participate Fully in Studies and/or University Life (on the Grounds of Health and/or Safety), or any other University procedure.  

3. Available Interim Measures

3.1 Interim measures available to the University will be considered in order, with the interim measure resulting in the least inconvenience or impact upon a Responding Student to be considered first.

3.2 Interim measures available to the University are:

  1. Requirement for student(s) to move accommodation;
  2. Future Conduct Requirement;
  3. Placement Suspension;
  4. Precautionary Suspension;
  5. Withhold the academic award.

3.3 A combination of one or more of the above interim measures may be applied.

4. Requirement for Student(s) to Move Accommodation

4.1 This will apply only in the case of University Accommodation, and the University will make all reasonable efforts to identify alternative accommodation wherever possible.

4.2 There is no right to appeal the decision to require a student to move accommodation.

5. Future Conduct Requirement

5.1 A Future Conduct Requirement may involve (but is not limited to):

  1. Prohibiting contact between the Responding Student and selected relevant individuals (including witnesses). 
  2. Requiring the Responding Student and (where appropriate) the Reporting Person to report “near misses” (i.e. unintended and unforeseen contact with anyone for whom contact is prohibited).

5.2 There is no right to appeal the decision to apply a Future Conduct Requirement.

6. Placement Suspension

6.1 The University may impose a suspension on a Responding Student, from attending placement, including clinical placement, following an allegation of misconduct.

  1. An allegation of misconduct;
  2. Instigation of a Relevant University Procedure; or
  3. Disclosure of a criminal offence investigation, criminal proceedings or conviction.

7. Precautionary Suspension

7.1 The University may impose a precautionary suspension on a Responding Student who is subject to:

  1. A complaint of alleged serious misconduct (see 7.2);
  2. Bail conditions; or
  3. Serious alleged academic misconduct.

7.2 Alleged serious misconduct which may necessitate consideration of a precautionary suspension will include (but is not limited to):

  1. Sexual misconduct;
  2. Bullying/harassment (including domestic abuse and online abuse);
  3. Discrimination;
  4. Hate crimes or alleged hate crimes;
  5. Violent behaviour or threats of violence;
  6. Supply of illegal substances;v
  7. Crimes or alleged crimes involving minors; (viii) Possession of a firearm;
  8. Crimes or alleged crimes of serious dishonesty e.g. fraud; or
  9. Conduct, which raises concerns regarding a Responding Student’s fitness to practise (where registered on a programme, which leads to a professional qualification).

7.3 Any Responding Student who has been remanded in police custody for a period of more than 10 working days and/or issued with a prison sentence, will be presumed withdrawn in accordance with regulation 1.21 of the Regulations for Students.

7.4 Where there is concern regarding the level of risk the Responding Student presents to themselves or others, and / or any reputational, or potential for reputational damage to the University, the Risk Assessment Panel shall have the power to impose a precautionary suspension and/or to apply a Future Conduct Requirement.

7.5 A Precautionary Suspension may involve:

  1. Total prohibition or selective restriction on continued attendance on their programme of study (including placements and teaching both in-person and digitally);
  2. Total prohibition or selective restriction to the University campus and University services, including services of the Students’ Union;
  3. Total prohibition or selective restriction to University accommodation; and/or
  4. Total prohibition on exercising the functions or duties of any office or committee membership in the University or the Students’ Union.

This list is not exhaustive.

8. Withholding the Academic Award

8.1 Where an allegation of serious misconduct as per section 7.2 is received by the University close to the graduation date of the Responding Student, or where the Relevant University Procedure(s) in relation to an allegation of serious misconduct is ongoing close to the graduation date of the Responding Student, the academic award may not be made to the Responding Student, and may be paused until the Relevant University Procedure(s) has been concluded.

9. Risk Assessment Panel

9.1 Unless the matter is deemed by the Risk Assessment Panel to present imminent risk, no student shall be placed on a precautionary suspension or a placement suspension or have their academic award withheld until they have been given an opportunity to attend a meeting with the Risk Assessment Panel to make representations.

9.2 The Risk Assessment Panel will decide either:

i. That the Responding Student presents:

      1. A risk to student(s);
      2. A risk to staff;
      3. A risk to the wider community;
      4. A risk or potential risk to the University’s reputation; or
      5. A risk to the Responding Student themselves.

Therefore, the Risk Assessment Panel may:

  1. Impose a precautionary suspension;
  2. Impose a placement suspension;
  3. Withhold the academic award;
  4. Impose a Future Conduct Requirement;
  5. Require a student to move accommodation;

OR

ii. That the Responding Student does not currently present a risk to student(s), or staff, or the wider community and/or does not currently present a potential or real risk to the University’s reputation and / or there is no risk to the Responding Student themselves; therefore no interim measures are necessary. 

10. Risk Assessment Appeal Panel

10.1 The Responding Student may appeal against the decision of the Risk Assessment Panel to impose a precautionary suspension, or placement suspension or decision to withhold the academic award on one or more of the following grounds:

  1. Substantial and relevant new evidence has become available which the Responding Student could not reasonably have obtained in time to present to the  Risk Assessment Panel, which has had a material effect on the outcome, making it unsound.
  2. There is evidence of a procedural irregularity in the conduct of the Risk Assessment Panel, which had a clear and demonstrable impact on the decision.

10.2 Dissatisfaction with the outcome of a matter or sanction does not itself constitute grounds for appeal.

10.3 An appeal against a precautionary suspension, placement suspension or decision to withhold the academic award will be considered by a Risk Assessment Appeal Panel. The Risk Assessment Appeal Panel will decide:

  1. To uphold the appeal in full and lift the interim measure;
  2. To uphold the appeal in part and amend the condition(s) of the precautionary suspension or placement suspension as deemed appropriate; or
  3. To dismiss the appeal and confirm the decision of the Risk Assessment Panel;

10.4 The decision of the Risk Assessment Appeal Panel shall be final and there is no further internal right of appeal. However, a Responding Student may make a complaint about maladministration in the procedure to the Northern Ireland Public Services Ombudsman within six months of notification of the final decision.

10.5 Where a precautionary suspension or placement suspension has been imposed or the academic award has been withheld, the decision will not be re-evaluated until such times as there has been a development which impacts upon the Risk Assessment. A development may include, but is not limited to, the receipt of new evidence or altered circumstances.