These regulations should be read alongside the General Provisions Relating to Academic Appeals, Conduct, Academic Offences and Student Complaints.
These regulations can be used by QUB students and members of staff. Members of the public and external organisations may raise allegations of misconduct against QUB students; however they cannot participate in the provisions set out in these regulations.
1. Introduction and Delegation of Authority
1.1 As per the Student Charter, students are expected to conduct themselves at all times in a manner which demonstrates respect for the University, all of its members, and the wider community on and off campus, and on social media and other forms of communication. Misconduct under these regulations is deemed to be improper interference, in the broadest sense, with the proper functioning or activities of the University, or those who work or study in the University; or behaviour which brings, or may bring, the University into disrepute. The purpose of these Regulations is to provide a framework for dealing with allegations of student misconduct in a consistent and proportionate way.
1.2 By accepting an offer of a place, and enrolling on any Queen’s University Belfast programme, a student commits to become subject to the Conduct Regulations, whether or not they expressly agree to be bound by them, and whether or not they are aware of the substance of the regulations and procedure. Students’ Union Sabbatical Officers are also subject to the Conduct Regulations, as per the Students’ Union Constitution.
1.3 The appropriate Code of Conduct and Discipline Regulations for students registered or receiving tuition in Collaborative Institutions will be set out in the Memorandum of Agreement between the University and the Collaborative Institution. Any issue of interpretation will be determined by the Director of Education and Student Services (University) and the Director/Principal of the Collaborative Institution. Their joint decision will be final.
1.4 The authority of the University to take action against students who have breached these regulations derives from the powers and authority of the Senate and Academic Council as set out in the University Statutes. The Vice-Chancellor has ultimate responsibility for dealing with student misconduct but will normally delegate the authority to deal with student misconduct.
1.5 Allegations of misconduct made against a student will be considered by a Conduct Officer and/or a Conduct Committee.
2. Definitions
In these Regulations:
- A student or member of staff of the University who brings an allegation of misconduct against a student shall be referred to as “the Reporting Person”;
- A student against whom an allegation of misconduct is brought shall be referred to as “the Responding Student”;
- An allegation of misconduct dealt with under the Standard Misconduct Procedure shall be referred to as “a Standard Misconduct Case”;
- An allegation of misconduct dealt with under the Serious Misconduct Procedure shall be referred to as “a Serious Misconduct Case”.
3. General Principles
3.1 Anonymous Reports
Anonymous allegations of misconduct (including witness statements) will not normally be considered and any person who submits a Formal Statement of Allegation must accept that their statement and any supporting evidence will be provided to the Responding Student.
The University reserves the right to take action in relation to alleged misconduct against a Responding Student of its own volition, even if the Reporting Person does not wish to make a Formal Statement of Allegation(s) or if the Reporting Person remains anonymous.
3.2 Conduct Meetings
Responding Students are required to attend conduct meetings. Failure to appropriately engage with the procedure may result in additional misconduct offences being considered and/or the case being heard in their absence.
3.3 Disclosure of Information
In relation to Serious Misconduct Cases, the Reporting Person will normally be advised:
- Of the outcome of the investigation into their report of alleged serious misconduct i.e. whether a finding of serious misconduct has been made or not. This notification will be made in accordance with the provisions of the Serious Misconduct Procedure; and
- If a finding of serious misconduct has been made, whether a penalty was imposed on the Responding Student or not, along with a brief rationale for the decision. This notification will be made upon conclusion of the misconduct procedure. In certain circumstances, it may be possible for the University to disclose to the Reporting Person details of any penalty imposed on the Responding Student; the decision in this regard will be made on a case-by-case basis.
3.4 Timescales
3.4.1 From investigation of an allegation through to the conclusion of an appeal (not including the period a student has to submit an appeal), the timeframe should normally take no longer than 90 working days.
3.4.2 Additional time may be required for complex cases (such as cases involving serious misconduct or major misconduct offences).
3.5 Reporting Person or Responding Student Unable to Engage
3.5.1 All participants must engage with the procedure (including any set timescales) at all points in time.
3.5.2 If the Reporting Person withdraws or is withdrawn from the University during proceedings commenced under the Conduct Regulations, or if the Reporting Person disengages from the misconduct procedure, the University reserves the right to:
- Continue with the misconduct procedure in accordance with these Regulations; or
- Discontinue the misconduct procedure in the absence of the Reporting Person. The decision to discontinue the misconduct procedure shall be final, and the Reporting Person will be informed of 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
3.5.3 If the Responding Student withdraws or is withdrawn from the University during proceedings commenced under the Conduct Regulations, or if the Responding Student disengages from the misconduct procedure, the University reserves the right to:
- Continue with the misconduct procedure in accordance with these Regulations, and to hear the allegation of misconduct in the absence of the Responding Student without further notice, following their withdrawal. In these circumstances, the University reserves the right to consider additional misconduct offences as appropriate; or
- Suspend the misconduct procedure in the absence of the Responding Student following their withdrawal, and in the event that the Responding Student subsequently applies to the University for re-admission, to recommence the misconduct procedure in accordance with these Regulations.
3.5.4 If the Responding Student is deemed unfit to engage with the process during the course of proceedings commenced under the Conduct Regulations, the University will normally suspend the misconduct procedure until such time as the Responding Student is deemed fit.
3.5.5 Students deemed unfit to engage in the misconduct procedure will also be deemed unfit to study and will be required to take a period of temporary withdrawal until such time as they are deemed fit to return (see 1.20 of the Regulations for Students). The University recognises that there may be cases where a student is deemed unfit to study, but wishes to progress proceedings under the Conduct Regulations, as unresolved or prolonged proceedings can have a greater negative impact on wellbeing. Decisions as to whether to progress proceedings under the Conduct Regulations in such circumstances will be made on a case-by-case basis, and may include a referral to the Occupational Health Service to help guide the University’s decision.
3.6 Students Subject to Police Investigation or Criminal Proceedings
3.6.1 The University will not conduct investigations into allegations of criminal offences.
3.6.2 Where the allegations of misconduct raised against a Responding Student also relate to an ongoing police investigation or criminal proceedings, the University will normally postpone the misconduct procedure pending the outcome of any police investigation or criminal proceeding. However, the University may impose interim measures in accordance with the Interim Measures Regulations whilst police investigations or criminal proceedings are ongoing.
3.6.3 The University will not normally report to police any allegation of a crime against the wishes of the Reporting Person. However, the University reserves the right to report an allegation of a crime where it considers it necessary.
3.6.4 If a Responding Student has been convicted of a criminal offence or accepts a police caution in relation to behaviour that falls within the scope of the definition of misconduct as set out in regulation 6 of the Conduct Regulations, the University will accept this as conclusive evidence that the behaviour took place. Further investigation will not be necessary and the allegation of misconduct will be deemed proven.
4. Allegations of Serious Misconduct Close to Graduation
Where an allegation of serious misconduct is received by the University close to the graduation date of the Responding Student, or where the misconduct procedure in relation to an allegation of serious misconduct is ongoing close to the graduation date of the Responding Student, the award will not be made to the Responding Student, and will be paused until the misconduct procedure has been concluded.
5. Interim Measures
Where deemed appropriate, the University may impose interim measures in accordance with the Interim Measures Regulations.
6. Definitions of Misconduct Offences and the Standard Penalties Applied
The following tables are indicative (but not exhaustive) of the types of offences which constitute misconduct and the standard penalties that apply. These should be read in conjunction with regulations 9.1.2 and 10.1.3, which set out the penalties available to a Conduct Officer, Conduct Committee and Student Conduct Appeals Committee:
6.1 Table 1: Standard Penalties for Minor Misconduct Offences
| Standard Penalty/Action | |||
| Offence | First Offence | Second Offence | |
| 1 |
Smoking or vaping in a non-designated area (outside) |
Written Warning and Fine - £50 |
Written Warning and Fine - £100 |
| 2 |
Drinking alcohol in a prohibited area |
Written Warning and Fine - £50 |
Written Warning and Fine - £150 |
| 3 |
Smoking or vaping in a prohibited area (inside) |
Written warning and Fine - £150 |
Referral to Conduct Committee under the misconduct offence of “Minor offence committed by a student with a Misconduct Record” |
| 4 |
Burning incense, candles or items which produce a naked flame on University premises without appropriate authorisation |
Written warning and Fine - £150 |
Referral to Conduct Committee under the misconduct offence of “Minor offence committed by a student with a Misconduct Record” |
| 5 |
Failure, without reasonable cause, to produce personal identification upon request |
Written Warning and Fine - £150
|
Written Warning and Fine - £250 |
| 6 |
Minor anti-social disturbance including off-campus noise disturbance |
Written Warning and Fine - £150 |
Written Warning and Fine - £250 |
| 7 |
Causing minor harm or threatening to cause minor harm to another person (e.g. slap, push) or making threats via social media or online platform |
Written Warning and Fine - £150 |
Written Warning and Fine - £250 |
| 8 |
Minor vandalism or malicious damage to property |
Written Warning and Fine - £150 |
Written Warning and Fine - £250 |
| 9 |
Disruption or obstruction of, or interference with, the functions, duties or activities of the University or any member of the University or authorised visitor of the University, whether on University premises or elsewhere |
Written Warning and Fine - £150
|
Written Warning and Fine - £250 |
| 10 |
Behaviour which interferes with the legitimate freedom of speech, ideas or actions or enquiry of any other student or member of staff |
Written Warning and Fine - £150 |
Written Warning and Fine -- £250 |
| 11 |
Minor indecent misconduct |
Written warning and Fine - £150 |
Written Warning and Fine - £250 |
| 12 |
Failure to engage with a misconduct procedure and/or failure to comply with a penalty previously imposed under these regulations for a minor offence |
Written Warning and Fine - £150 |
Referral to Conduct Committee under the misconduct offence of “Failure to engage with the University’s misconduct procedure and/or failure to comply with a penalty previously imposed under the Conduct Regulations on more than one occasion.” |
| 13 |
Breach of University Regulations or Policy and Procedures |
Written Warning and Fine - £150
|
Written Warning and Fine - £250 |
| 14 |
Misuse of learning materials, including online and recorded materials, provided to students by the University |
Written Warning and Fine - £150 |
Referral to Conduct Committee under the misconduct offence of “Repeated or Serious/gross misuse of learning materials, including online and recorded materials, provided to students by the University” |
6.2 Table 2: Standard Penalties for Serious Misconduct /Major Misconduct Offences
| Standard Penalty | |||
|
Offence |
First Offence |
Second Offence |
|
| 1 |
Minor offence committed by a student with two or more previous minor misconduct offences |
Written Warning and Fine - £350 |
Suspension |
| 2 |
Taking property without the consent of the owner |
Written Warning and Fine - £500 |
Expulsion |
| 3 |
Major vandalism or malicious damage to property |
Written Warning and Fine - £500 |
Expulsion |
| 4 |
Misuse of fire or other safety equipment |
Written Warning and Fine - £500 |
Expulsion or Exclusion from University Accommodation |
| 5 |
Failure to engage with the University’s misconduct procedure and/or failure to comply with a penalty previously imposed under the Conduct Regulations on more than one occasion |
Suspension
|
Expulsion |
| 6 |
Behaviour which brings, or may bring, the name of the University into disrepute |
Suspension
|
Expulsion |
| 7 |
Possession of an illegal substance or illegal possession of a controlled drug, or possession of any prescription drug which has not been prescribed directly to the student |
Suspension/exclusion from University accommodation |
Expulsion |
| 8 |
Production of, offer of, sale of or giving to any person, any illegal substance, controlled drug or prescription drug |
Expulsion |
n/a |
| 9 |
Abusive, threatening, intimidating, bullying or harassing behaviour whether in person or via social media or online platform |
Expulsion |
n/a |
| 10 |
Making false, frivolous, malicious, mischievous or vexatious allegations against another member of the University, to the University |
Suspension |
Expulsion |
| 11 |
Serious indecent misconduct |
Suspension |
Expulsion |
| 12 |
Sexual misconduct, including attempted sexual misconduct |
Expulsion
|
n/a |
| 13 |
Failure to disclose the required information to the Director of Education and Student Services as required by regulation 5 of the Regulations for Students |
Expulsion |
n/a |
| 14 |
Fabrication or falsification of evidence or information provided to the University |
Expulsion
|
n/a |
| 15 |
Physical misconduct |
Expulsion
|
n/a |
| 16 |
Threats of physical misconduct |
Suspension
|
Expulsion |
| 17 |
Public disorder |
Expulsion
|
n/a |
| 18 |
Repeated or serious/gross misuse of learning materials, including online and recorded materials, provided to students by the University |
Suspension |
Expulsion |
| 19 |
Failure to engage with an investigation into allegations of serious misconduct |
Suspension |
Expulsion |
6.3 In addition to the above penalties, students will be required to pay for any loss or damage that resulted directly or indirectly from the student’s misconduct.
6.4 The standard penalties listed in 6.1 and 6.2 are not maximum penalties and should be read in conjunction with regulations 9.1.2 and 10.1.3 which set out the penalties available to Conduct Officers, and to the Conduct Committee and Student Conduct Appeals Committee.
6.5 The standard penalty should be applied and deviation should only be made where the Conduct Officer, Conduct Committee or Student Conduct Appeals Committee can clearly evidence the rationale.
7. Allegation(s) of Misconduct
7.1 Screening Process
The onus is on the Reporting Person to present sufficient evidence to warrant investigation under the Conduct Regulations. Where it is not clear that the evidence presented is sufficiently compelling, the allegation(s) of misconduct will not be investigated. The decision is made on the basis of the evidence presented at the time, where only the opinion of the Screening Panel (and Review Panel if appropriate) will suffice.
7.2 Allegations of Serious Misconduct
Where the allegations against the Responding Student are deemed to constitute serious misconduct, the case will be dealt with in accordance with the Serious Misconduct Procedure. Serious misconduct relates to allegations of misconduct where the issues are deemed to be serious, complex or sensitive or pose a high reputational risk to the University, and may include allegations of:
- Sexual misconduct.
- Bullying/harassment (including domestic abuse and online abuse)
- Discrimination
- Hate crime.
8. Informal Resolution
8.1 When considered appropriate, an informal resolution may be sought; this may include both parties agreeing to a Future Conduct Requirement.
8.2 A Future Conduct Requirement may involve (but is not limited to):
- Prohibiting contact between the Reporting Person and the Responding Student;
- Prohibiting contact between the Responding Student and any witnesses for the Reporting Person;
- Requiring the Reporting Person and the Responding Student to report “near misses” (i.e., unintended and unforeseen contact with anyone for whom contact is prohibited).
9. Investigation and the Remit of the Conduct Officer
The Investigating Officer will investigate the allegation(s) raised and will present their findings to the Conduct Officer.
9.1 Standard Misconduct Cases
9.1.1 The Conduct Officer will consider the Investigating Officer’s findings and will decide either that:
- The misconduct offence has been committed and will make a decision using one or any combination of the outcomes specified in section 9.1.2; or
- The misconduct offence has not been committed and will dismiss the offence.
9.1.2 Conduct Officers may impose one of the following penalties in deviation from the standard penalties set out at 6.1 (Table 1), where evidence to support the deviation is provided:
- Find that a misconduct offence has been committed and that advice and warning should be given to the Responding Student. A record of the advice and warning will be retained on their student record.
- Attendance at training courses or participation in a relevant Give Back Scheme.
- Requirement to complete an undertaking (e.g., provision of a written apology, removal of content from social media or completion of a reflective report).
- Conditional discharge – that no further action be taken provided the Responding Student fulfils the conditions laid down by the Disciplinary Officer; this may include adhering to a Future Conduct Requirement (see 8).
- A written warning which will stay on the Student record until graduation.
- A fine, up to a maximum of £250 per offence (This may be increased to £500 in cases where the student has accepted responsibility for the misconduct offence, and the offence is one listed in 1- 4 within 6.2, Table 2).
- Payment for any loss or damage that resulted directly or indirectly from the Responding Student’s misconduct.
- Referral of the case to the Conduct Committee.
- Referral of the case to the relevant School for the University Fitness to Practise Procedure to be invoked.
- Prohibition on exercising the functions and/or duties of any office or committee membership in the Students’ Union, the exact details to be specified in writing.
- Students’ Union Sabbatical Officers only: Exclusion or temporary exclusion involving a selective restriction on, or access to the Students’ Union.
9.2 Serious Misconduct Cases
The Conduct Officer will consider the Investigating Officer’s findings and determine an outcome in consultation with the Head of Student and Academic Affairs (or nominee) either:
- That on the balance of probabilities the misconduct offence has been committed and to refer the case to the Conduct Committee for consideration and imposition of a penalty in accordance with section 10.1.3; or
- That on the balance of probabilities the misconduct offence has not been committed and to dismiss the offence.
10. Conduct Committee
10.1 Referrals to Conduct Committee
10.1.1 Standard Misconduct Cases
When the Conduct Officer refers a case to a Conduct Committee, the Conduct Committee will hear the case and will decide that either:
- The misconduct offence has been committed and will make a decision using one or any combination of the outcomes specified in section 10.1.3; or
- The misconduct offence has not been committed and will dismiss the offence.
10.1.2 Serious Misconduct Cases
When the Conduct Officer makes a decision in accordance with section 9.2 (i), and subject to any appeal by the Responding Student as set out at 10.2.3.1(i), the Conduct Committee will hear the case and will make a decision on the penalty to be applied using one or any combination of the outcomes specified in section 10.1.3
10.1.3 Penalties
The Conduct Committee may impose one of the following penalties in deviation from the standard penalties set out at 6.2 (Table 2), where evidence to support the deviation is provided:
- One or any combination of the outcomes detailed within 9.1.2
- A fine, not exceeding £500 per offence.
- Suspension involving the total prohibition on attendance at or access to University facilities and on any participation in University activities; suspension may be subject to qualification, such as permission to attend for the purpose of an examination. Students under suspension will not be eligible to enrol or graduate.
- Permanent exclusion from University Accommodation.
- Expulsion from the University.
10.2 Appeals to a Conduct Committee Against the Decision of a Conduct Officer
10.2.1 Screening Process
The onus is on the student to present sufficient evidence to warrant consideration of their appeal under the Conduct Regulations. Where it is not clear that the evidence presented is sufficiently compelling, the appeal against the decision of the Conduct Officer will not be considered. The decision is made on the basis of the evidence presented at the time, where only the opinion of the Screening Panel (and Review Panel if appropriate) will suffice.
10.2.2 Standard Misconduct Cases
10.2.2.1 Students who have a penalty imposed by a Conduct Officer may submit an appeal to the Conduct Committee. Appeals may be made on one or both of the following grounds:
- New evidence has become available which was not known by the student and/or could not reasonably have been obtained by the student in time to present to the Conduct Officer.
- There is evidence of a procedural irregularity in the conduct of the investigation or the Conduct Officer decision which had a clear and demonstrable impact on the decision.
10.2.2.2 Dissatisfaction with the outcome of a matter or sanction does not itself constitute grounds for appeal.
10.2.2.3 Where the student believes that the decision of the Conduct Officer is too severe or inappropriate, this must be supported by demonstration of ground (i) or (ii) above.
10.2.2.4 There is no right of appeal against a Conduct Officer’s decision to refer the case to a Conduct Committee or to the Fitness to Practise Procedure.
10.2.2.5 The Conduct Committee will decide either:
- To uphold the appeal in full or in part, and will either rescind the penalty imposed by the Conduct Officer in full or in part, or impose a different penalty (as permitted under section 10.1.3); or
- To dismiss the appeal and confirm the penalty imposed by the Conduct Officer.
10.2.2.6 The decision of the Conduct Committee shall be final and there is no further internal right of appeal. However, any student who feels aggrieved may make a complaint of maladministration in the procedure to the Northern Ireland Public Services Ombudsman (NIPSO) within six months of notification of the final decision.
10.2.3 Serious Misconduct Cases
10.2.3.1 Where a Conduct Officer makes a decision:
- In accordance with section 9.2 (i) the Responding Student may submit an appeal to the Conduct Committee.
- In accordance with section 9.2 (ii) the Reporting Person may submit an appeal to the Conduct Committee.
10.2.3.2 Appeals may be made on one or both of the following grounds:
- There is evidence of a procedural irregularity in the conduct of the investigation and that this had a material effect on the investigation findings, making the decision of the Conduct Officer unsound;
- Substantial and relevant new evidence has become available which the Reporting Person or Responding Student could not reasonably have obtained in time to present to the Investigating Officer, which has had a material effect on the investigation outcome, making it unsound.
10.2.3.3 Dissatisfaction with the decision of the Conduct Officer does not in itself constitute grounds for appeal.
10.2.3.4 In the case of appeal brought by the Responding Student, the Conduct Committee will decide either:
- To uphold the appeal in full or in part, and either:
- refer the matter back to the original Investigating Officer for continued investigation in light of new evidence; or
- require an entirely new investigation to be carried out by a different Investigating Officer; or
- require elements of the investigation impacted by procedural irregularity, to be carried out by a different Investigating Officer.
Or
- To dismiss the appeal and confirm the decision of the Conduct Officer. The Conduct Committee may impose a penalty in accordance with section 10.1.3.
10.2.3.5 In the case of appeal brought by the Reporting Person, the Conduct Committee will decide either:
- To uphold the appeal in full or in part and to either:
- refer the matter back to the original Investigating Officer for continued investigation in light of new evidence; or
- require an entirely new investigation to be carried out by a different Investigating Officer; or
- require elements of the investigation impacted by procedural irregularity, to be carried out by a different Investigating Officer.
Or
- To dismiss the appeal; the Reporting Person will be advised that there is no further right of appeal, and will be signposted 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.
10.2.3.6 In the event that the Conduct Committee makes a determination as set out at 10.2.3.5 (i) (a), (b) or (c) above, there will be no right of appeal for the Reporting Person to appeal a further decision of the Conduct Officer in accordance with section 9.2 (ii) above (following completion of the continued investigation, new investigation, or new elements of the investigation). In such circumstances, the Reporting Person will be informed of 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.
11. Appeals Against the Decision of a Conduct Committee to the Student Conduct Appeals Committee
11.1 Students who have a penalty imposed by a Conduct Committee may submit an appeal to the Student Conduct Appeals Committee on the following grounds:
- New evidence has become available which was not known by the student and/or could not reasonably have been obtained by the student in time to present to the Conduct Committee.
- There is evidence of a procedural irregularity in the conduct of the investigation or the Conduct Committee proceedings which had a clear and demonstrable impact on the decision.
11.2 Dissatisfaction with the outcome of a matter or sanction does not itself constitute grounds for appeal.
11.3 Where the student believes that the decision of the Conduct Committee is too severe or inappropriate, this must be supported by demonstration of ground 11.1 (i) or (ii) above.
11.4 There is no right of appeal against a Conduct Committee’s decision to refer the case to the Fitness to Practise Procedure.
11.5 Screening Process
The onus is on the Responding Student to present sufficient evidence to warrant consideration of their appeal under the Conduct Regulations. Where it is not clear that the evidence presented is sufficiently compelling, the appeal against the decision of the Conduct Committee will not be considered. The decision is made on the basis of the evidence presented at the time, where only the opinion of the Screening Panel (and Review Panel if appropriate), will suffice.
11.6 With the exception of relevant interim measures, Responding Students who submit an appeal against a decision to suspend, exclude or expel them from the University, may normally continue to attend their programme of study pending the outcome of the appeal. Where circumstances merit it, the Head of School may refuse permission for the Responding Student to attend classes and/or take or submit assessments pending the appeal. Students who have submitted an appeal against a decision to suspend, exclude or expel them from the University, may not participate in external or clinical placements pending the outcome of an appeal.
11.7 The Student Conduct Appeals Committee will decide either:
- To uphold the appeal in full or in part, and will either rescind the penalty imposed by the Conduct Committee in full or in part, or impose a different penalty (as permitted under section 10.1.3); or
- To dismiss the appeal and confirm the penalty imposed by the Conduct Committee.
11.8 The decision of the Student Conduct Appeals Committee shall be final and there is no further internal right of appeal. However, a student may make a complaint about maladministration in the procedure to the Northern Ireland Public Services Ombudsman (NIPSO) within six months of notification of the final decision.
12. Northern Ireland Public Services Ombudsman
Upon notification of the University’s final internal decision, a Reporting Person or a Responding Student may submit a complaint about maladministration in the procedure to the Northern Ireland Public Services Ombudsman (NIPSO) within six months of notification of the University’s final decision.
13. Further Information
Advice on these regulations may be obtained from Academic Affairs (email: appeals@qub.ac.uk).