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Interim Measures Regulations

These Interim Measures Regulations took effect from 1 November 2022.

1. Introduction 2. Definitions
3. Available Interim Measures 4. Requirement for Student(s) to Move Accommodation
5. Future Conduct Requirement 6. Placement Suspension
7. Precautionary Suspension  

These regulations should be read alongside the General Provisions Relating to Academic Appeals, Conduct, Academic Offences and Student Complaints.

1. Introduction

1.1 Circumstances may arise where it is necessary and proportionate to put in place interim measures at any time during a University procedure (including but not limited to Conduct Regulations, Fitness to Practise Procedure, Guidelines on Fitness to Continue in Study on the Grounds of Health and/or Safety).

1.2 Interim measures are not a sanction, and 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.

2. Definitions

In these Regulations:

  1. An individual who brings an allegation of misconduct against a student shall be referred to as “the Reporting Person”.
  2. A student against whom an allegation of misconduct is brought shall be referred to as “the Responding Student”.

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.

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

4. Requirement for Student(s) to Move Accommodation

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

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. 
  2. Prohibiting contact between the Responding Student and any witnesses for the Reporting Person.
  3. 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.

5.3 Failure by the Responding Student to adhere to the conditions of a Future Conduct Requirement may result in the Responding Student being investigated for additional misconduct offences under the Conduct Regulations/Procedure.

5.4 Failure on the part of any other student to comply with a Future Conduct Requirement applied to them (e.g. a Reporting Person or student identified as a witness following an allegation of misconduct), may also result in investigation for misconduct offences under the Conduct Regulations / Procedure.

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.

6.2 Placement suspension may be imposed as a result of the decision of the placement provider not to permit the Responding Student to attend placement pending the outcome of a misconduct procedure.

6.3 The Placement Suspension Panel shall have the power to impose a placement suspension without meeting with the Responding Student.

6.4 Failure by the Responding Student to adhere to the conditions of a placement suspension may result in the imposition of a precautionary suspension. The Responding Student may also be investigated for additional misconduct offences under the Conduct Regulations/Procedure, or the Fitness to Practise Procedure.

6.5 The Responding Student may appeal against the decision of the Placement Suspension Panel to impose a placement suspension on one or more of the following grounds:

  1. New evidence has become available which could not have been provided to the Placement Suspension Panel (evidence withheld from the Placement Suspension Panel will not normally constitute new evidence).
  2. There has been a procedural irregularity in the conduct of the Placement Suspension Panel, which has had a demonstrable impact on the decision made.

6.6 An appeal against a placement suspension will be considered by a Placement Suspension Appeal Panel. The Placement Suspension Appeal Panel will reach one of the following decisions:

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

6.7 The decision of the Placement Suspension 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.

6.8 Where a placement suspension has been imposed, the decision will not be re-evaluated until such times as the misconduct procedure or other University Procedure has been concluded.

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;
  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 Precautionary Suspension Panel shall have the power to impose a precautionary suspension and/or to apply a Future Conduct Requirement.

7.5 Unless the matter is deemed by the Precautionary Suspension Panel to present imminent risk, no student shall be placed on a precautionary suspension until they have been given an opportunity to attend a meeting with the Precautionary Suspension Panel to make representations.

7.6 The Precautionary Suspension Panel will decide either:

  1. That the Responding Student presents a risk to student(s), and / or staff, and / or the wider community and/or presents a risk and / or a potential risk to the University’s reputation and / or there is a risk to the Responding Student themselves; therefore a precautionary suspension should be imposed and/or a Future Conduct Requirement should be applied; or
  2. 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 a precautionary suspension and/or Future Conduct Requirement is not necessary.

7.7 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.

7.8 Failure by the Responding Student to adhere to the conditions of a precautionary suspension and/or Future Conduct Requirement will result in the re-evaluation of the terms of the precautionary suspension. The Responding Student may also be investigated for additional misconduct offences under the Conduct Regulations/Procedure.

7.9 The Responding Student may appeal against the decision of the Precautionary Suspension Panel to impose a precautionary suspension on one or more of the following grounds:

  1. New evidence has become available which could not have been provided to the Precautionary Suspension Panel (evidence withheld by the Responding Student from the Precautionary Suspension Panel will not normally constitute new evidence).
  2. There has been a procedural irregularity in the conduct of the Precautionary Suspension Panel, which has had a demonstrable impact on the decision made.

7.10 An appeal against a precautionary suspension will be considered by a Precautionary Suspension Appeal Panel. The Precautionary Suspension Appeal Panel will decide either:

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

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

7.12 Where a precautionary suspension has been imposed, 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.

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