Disciplinary Procedures in Respect of Students
Reporting of Offences
1. Any disciplinary offence alleged to have been committed by a student must be notified to the Junior Dean. (Throughout this Schedule the words Junior Dean shall mean the Junior Dean or a duly appointed Acting Junior Dean). The person charged with responsibility over a particular area of College (for example, the Senior Lecturer in the case of examinations) will normally be responsible for such notification. A reportable offence will be any breach of the College Regulations, with the
exception of the late return of Library books, where the penalty shall be imposed by the Librarian. Notice of an alleged offence must be given to the Junior Dean, as soon as possible after the alleged offender has been identified.
2. In Trinity Hall, the powers and duties of the Junior Dean shall be exercised by the Warden and the procedures and appeal mechanisms shall be identical to those described below.
3. No student shall be charged with an offence for which he has previously been charged and acquitted by the courts of the land.
Procedures to be followed by the Junior Dean
4. Where the Junior Dean is notified of an alleged disciplinary offence he shall furnish to the student a note of the specific College regulations under which the student is charged and shall, except where the student is unavailable, interview the student as soon as is practicable following notification of the alleged offence. The student shall, at that interview, be given a full opportunity to comment on the allegations made against him.
5. The Junior Dean shall, following the interview, decide whether a case has been made out against the student and, if so, whether, in the case of each offence in question, it is a minor or major offence.
Without prejudice to the general power of the Junior Dean to decide whether an offence is major or minor, the following examples would normally be regarded as major offences:
(a) conduct which does, or is liable to cause, violence to person or damage to property;
(b) conduct which does, or is liable to obstruct, the holding of, or frustrate the purpose in holding, any lecture, class or other instruction given by the College, or any laboratory work or any research in the College, or any meeting, hearing or other function (including administrative and sporting activities) authorised to take place within the College.
(c) seriously interfering with, or unreasonably impeding any member of the College in carrying out his/her duties;
(d) theft, fraud or misapplication in connection with funds or property of any kind in College;
(e) offences in connection with degrees or diplomas or annual examinations or tests conducted by the College, including refusal, without good reason, to comply with the lawful instructions or request of an invigilator;
(f) falsification or serious misuse of University records, including degree or diploma parchments;
(g) false pretences or personation of others, within or without the College, in connection with academic attainments or financial awards;
(h) refusal or failure to pay a fine or comply with any penalty (subject to the right of appeal applicable) imposed by the Junior Dean or Librarian;
(i) refusal to produce a College ID card or other acceptable means of identification at the request of the Senior Dean, Junior Dean or any of his assistants or any College Security Officer;
(j) sexual harassment, including any attempt to coerce an unwilling member of College into a sexual relationship, or to subject such person to unwanted sexual attention, or to punish a refusal to comply, or to create a sexually intimidatory, hostile or offensive working, educational or social environment.
Summary Procedure in respect of Minor Offences
6. Where the Junior Dean finds that a minor offence has been committed by a student, he shall impose what he considers an appropriate penalty.
The penalties which may be imposed by the Junior Dean include a fine, an order temporarily excluding a student from the College or specified areas of the College, an order prohibiting a student from driving a vehicle within College, an order prohibiting a student from holding or attending specified functions within College, an order restricting the number of
guests that a student may entertain in his rooms, and an order to furnish a written apology to an offended party. The maximum fine which the Junior Dean may impose in respect of any one minor offence shall be £100. The Junior Dean may in addition require a student to make reparation for damage arising out of a minor offence.
7. All minor offences notified to the Junior Dean in accordance with paragraph 1 must normally be dealt with in full by him within twenty-one working days of such notice. This period of time may be extended by the Junior Dean only where it is necessary to do so in the interests of the student, as for example, where the student is temporarily unavailable for interview.
8. Appeal from any penalty or order for reparation imposed by the Junior Dean in respect of a minor offence, and from any penalty imposed for the late return of library books, lies to the Panel of Enquiry. Such appeal must be lodged with the Registrar within seven working days of the student receiving notice of the Junior Dean's decision or other penalty.
Summary procedure by consent in respect of major offences
9. Where the Junior Dean finds that a major offence has been committed by a student he shall decide whether the offence should be dealt with in summary manner or by reference to a Panel of Enquiry.
10. the Junior Dean may deal with a major offence by summary procedure where, and only where:
(a) the student admits responsibility and consents in writing to such procedure, and
(b) the Junior Dean is of the opinion, having regard to all the circumstances and, in particular, the range of penalties available, that it is appropriate to deal with the case by summary procedure.
11. In the case of any major offence related to an academic activity, the Junior Dean shall, before making a decision under paragraph 9 above, seek and take into account the views of the Senior Lecturer, including his views as to an appropriate penalty, which views shall be made known to the student.
12. Where the Junior Dean decides to deal with a major offence by summary procedure, he shall invite the student to make submissions in mitigation or otherwise relating to an appropriate penalty. The student shall have the right to make such submissions in writing or orally, and may be represented in doing so by a person of his choice.
13. Where a major offence is dealt with summarily, the Junior Dean shall impose what he considers an appropriate penalty. The penalties which may be imposed by the Junior Dean include sending down for a year; disqualification from an examination; a fine not exceeding £200 in respect of each major offence, and other penalties specified in paragraph 6 above.
14. All major offences notified in accordance with paragraph 1, which are subject to the summary procedures must normally be dealt with in full by the Junior Dean within twenty-one working days of such notice. This period of time may be extended by the Junior Dean only where it is necessary to do so in the interests if the student, as for example, where the student is temporarily unavailable for interview.
15. A student charged with a major offence may withdraw his consent to the summary procedure at any time, in which case the Junior Dean shall refer the case to a Panel of Enquiry. A student who is dissatisfied with a penalty imposed by the Junior Dean in respect of a major offence may, by request in writing to the Junior Dean within seven working days of receiving notification of the penalty, have the case referred to a Panel of Enquiry. Where a case is referred to a Panel of Enquiry, evidence related to any prior summary proceedings shall be inadmissible.
Pre-trial procedure in respect of major offences not dealt with summarily
16. Where the Junior Dean finds that a major offence has been committed and
(a) the student does not admit responsibility, or
(b) the student does not consent to the case being dealt with by summary procedure, or
(c) the student withdraws his consent to the summary procedure or notifies the Junior Dean that he does not accept the penalty imposed by the Junior Dean following summary procedure, or
(d) the Junior Dean is of the opinion that it is not appropriate to deal with the case by summary procedure,
the Junior Dean shall refer the case to a Panel of Enquiry.
Reference to a Panel of Enquiry shall be made by written notice to the Registrar, containing a brief specification of each charge against the student. Such notice must be received by the Registrar, in circumstances (a), (b) and (d) above, within twenty-one working days from the date on which the Junior Dean received original notification of the offence in accordance with paragraph 1. In circumstance (c) above, the notice must be received by the Registrar within seven working days from the date on which the Junior Dean received notice that the student had withdrawn consent or had not accepted the penalty.
17. A student charged with a major offence which has been referred to a Panel of Enquiry shall receive a written summons in the name of the Panel, and signed by or on behalf of the Chairman of the Panel, by recorded delivery or registered post or by personal delivery by any officer of the College, giving a brief specification of each charge and requiring him on at least ten working days' notice to appear before the Panel. The summons shall be accompanied by a copy of these disciplinary regulations, and shall draw attention in particular to the student's right to representation, his right to submit written evidence and his right to call such witnesses in defence as he may think fit.
18. The student shall, at least three working days in advance of the hearing, notify the Chairman of the Panel in writing of the names and addresses of the witnesses he proposes to call, and supply to the Chairman a copy of any documents which he proposes to submit at the hearing. Copies of all such communications shall be furnished to the Junior Dean as soon as possible following their receipt by the Chairman.
19. (i) The Junior Dean shall, at least three working days in advance of the hearing, cause the following documents to be served on the student and the Chairman of the Panel of Enquiry:
(a) a statement of the charges against the student;
(b) a list of witnesses whom the Junior Dean proposes to call;
(c) a summary in writing of the evidence that it is proposed should be given by each of them; and,
(d) a list of exhibits (if any).
(ii) The student shall have the right to inspect all exhibits;
(iii) At any time the Junior Dean may, with the permission of the Chairman of the Panel of Enquiry, cause to be served on the student and furnished to the Panel a further statement of the evidence to be given by any witness, or a statement from a new witness whose name has not already been supplied to the student. The Chairman shall grant such permission, unless satisfied that it would be unfair to the student to accede to the Junior Dean's request.
The Panel of Enquiry
20. The Panel of Enquiry shall:
(a) hear appeals from decisions and penalties imposed on students by the Senior Dean, the Junior Dean, the Librarian and the Warden of Trinity Hall;
(b) hear cases of major offences referred to it by the Senior or Junior Dean;
(c) consider matters referred back to it by the Board or the Visitors.
21. The Panel of Enquiry shall consist of three full-time members of the academic staff and three students of the College, all chosen at random for each case, and a chairman. The Chairman shall be a person with legal training and shall be appointed by the Board with the agreement of the Students' Union to serve for a period of three years or until retirement if that occurs earlier. The Chairman shall be eligible for re-appointment.
The Board may also appoint a deputy Chairman, on the same terms and conditions as the Chairman, who shall act as Chairman in any case in which the Chairman is unable to act. The Senior Dean, the Junior Dean and his assistants and members of the Board may not be members of a Panel of Enquiry, nor may any other person adjudged by the Chairman to have a direct interest in the hearing.
22. Fresh staff and student members shall be empanelled for each offence, or for each group of offences arising out of the same incident or occasion. It shall be the duty of the Registrar to arrange for this empanelling and of the Chairman to decide if offences may be grouped. The Chairman may, in exceptional circumstances, at his discretion, excuse any person from serving on the Panel. In any case involving an allegation of sexual harassment, the staff and student membership of the panel respectively shall include at least one man and one woman. An opportunity shall be afforded to the parties to a hearing to object, for stated reasons, to a particular student or member of the academic staff serving as a panel member. The Chairman shall determine whether or not such objection shall be upheld.
23. A student party in proceedings before a Panel of Enquiry may avail of professional representation or representation by his tutor or other person of his choice. The Junior Dean, or other College officer party in proceedings before a Panel of Enquiry, may also avail of representation.
24. Panel of Enquiry hearings shall be open to members of the College. The Chairman may at his discretion impose such restrictions on admissions as are necessary to ensure the orderly conduct of the proceedings. The Chairman may, at the request of the student or the Junior Dean or of his own notion, order that proceedings be conducted in private if he is satisfied that there are good reasons for doing so. The Chairman may not make such order without the consent of each student party to the proceedings unless there are compelling reasons for doing so.
25. The Panel of Enquiry shall observe formal procedures and shall conduct its business according to the rules set out herein, subject to such amendments and additions as the Board may from time to time approve. It shall be the duty of the Chairman, subject to the aforesaid rules, to make rulings on matters of procedure.
26. The penalties which may be recommended by the Panel of Enquiry in respect of major offences lie within the discretion of the Panel, subject to the further sequence of the disciplinary procedures. Such penalties may include reprimand, fine, disqualification from an examination, suspension from academic and other privileges, rustication or expulsion from the University, as well as, in the case of damage to property or premises, requirement to make good the damage in whole or in part.
27. The Panel of Enquiry shall be serviced by a full-time member of the College staff. In all cases, whether of alleged major offences or of appeals or of matters referred to it by the Board or Visitors, a minute of the proceedings and, where appropriate, a précis of the statements of the parties, the witnesses and the Chairman shall be kept.
28. In any proceedings before the Panel, any official College document shall be admissible in evidence and the facts stated therein shall be presumed to be true, unless the contrary is proved. For the purposes of this rule 'official College document' includes a certified copy of any examination paper, examination script, transcript of results, examiner's report and minutes of a meeting of the Board or the Council, or any of their sub-committees, or of a Faculty, School or Department.
Hearings in respect of major offences
29. The Panel of Enquiry shall meet within twenty-one working days of the referral of a major offence to it by the Junior Dean in accordance with paragraph 16 above. At this meeting the Chairman may, at its discretion, grant to the student a further period of not more than fifteen working days to prepare his case, if so requested in writing by him.
30. A student charged with a major offence shall attend in person throughout the hearing of his case. If a student does not appear, the Panel may proceed to deal with the charge or charges and, if it considers it appropriate to do so, determine a penalty in his absence.
31. A student wishing to do so may plead guilty to any charge or charges made against him, either in person before the Panel or by letter addressed to the Chairman prior to the hearing. In either such case the student shall appear before the Panel to answer questions, and make such submissions, as he wishes, in relation to the matter of penalty, and to be informed of the Panel's decision.
32. The Chairman shall conduct the hearing in accordance with the principles of natural justice and fair procedures. Having opened the proceedings, the Chairman shall invite the Junior Dean and/or his representative to make his case to the Panel. The student and/or his representative shall then be heard. Where witnesses are called, they may be examined, cross-examined or re-examined by the parties and by members of the Panel. When the presentation of evidence is complete, the Chairman shall invite the parties or their representatives to address concluding remarks to the Panel. The Chairman shall the, in the presence of the parties, address the staff and student members of the Panel, summarising the evidence presented, giving directions as to the proper approach to evidence adduced and instructing them as to their functions.
33. Following the Chairman's address, the staff and student members of the Panel shall retire to consider their verdict in private and in the absence of the Chairman and the parties. A verdict of guilty shall not be returned unless at least five of the six panellists are in agreement with such verdict. The six panellists shall nominate from amongst themselves a spokesperson. When the Panel has reached its decision, the spokesperson shall, in the presence of the Panel, the Chairman and the parties, announce the Panel's verdict. Where a verdict of guilty is returned the Chairman shall address the panellists on factors relevant to the determination of an appropriate penalty. The six panellists shall then again retire to consider an appropriate penalty. Their spokesperson shall, in the presence of the Panel, the Chairman and the parties, announce their decision. The
Chairman may,. if he is of the opinion that the proposed penalty is ultra vires or unreasonable, ask the panellists to reconsider the matter. Where the panellists re unable to decide (which decision may be made by simple majority) upon an appropriate penalty, the penalty shall be determined by the Chairman.
34. The Chairman shall, following announcement of the penalty, inform the student of his right to appeal to the Visitors in the event of the Panel's decision being confirmed by the Board.
Hearings in respect of appeals
35. Students have a right of appeal to a Panel of Enquiry against all decisions and penalties imposed on them by the Senior Dean, the Junior Dean, the Warden of Trinity Hall, the Librarian or any other College officer.
36. A student wishing to appeal against such decision or penalty shall, within seven working days of formal notification of the penalty, serve notice of appeal to the Registrar, stating briefly the grounds on which the appeal is made. The Chairman of the Panel of Enquiry shall, as soon as possible, after receipt of the note of appeal, call on the College officer concerned for a brief written report of the circumstances of the case and the reasons for his decision. A copy of that written report shall be furnished to the appellant at least three working days before the appeal hearing.
37. The appeal hearing shall take place within twenty-one working days of receipt by the Registrar of the notice of appeal. The Appellant shall be given at least seven working days' written notice of the date and place of the hearing. He shall at the same time be furnished with a copy of these rules and informed of his right to be represented.
38. In an appeal hearing before a Panel of Enquiry the Appellant shall be first to present his case, and thereafter the College officer concerned. The Appellant shall be entitled to be heard in reply.
39. At the conclusion of the appeal hearing, and following the address and directions of the Chairman to the six panellists, the panellists shall retire to reach a decision in private. The Panel may uphold, set aside, vary or increase the penalty imposed by the College officer. Any increased penalty may not exceed any limit appropriate to summary offences. Where the members of the Panel are equally divided as to whether the appeal should be allowed or the penalty varied or increased, the decision of the relevant College officer shall stand.
40. The decision of the Panel shall be announced in the presence of the Chairman and the parties and, where the appeal is unsuccessful, the Chairman shall inform the Appellant of his right to appeal to the Visitors.
41. In other respects, the rules of procedure in the case of appeals shall be as far as possible the same as those for major offences.
Role of the Board
42. It shall be the duty of the Chairman of the Panel to report to the Board, within fourteen working days, on all findings made by the Panel of Enquiry, whether in respect of alleged major offences or appeals. The Chairman's report shall contain a summary of the proceedings and of the evidence given in each case. The Board shall take a decision of the report of the Panel of Enquiry within twenty-one working days of receiving it and the student shall be immediately notified by registered post.
43. The Board, after receiving the report of the Panel of Enquiry, may adopt it, refer it back to the Panel for further consideration or, if unwilling to adopt it, refer it to the Visitors.
44. If, in the case of an alleged major offence, the Panel of Enquiry is unable to reach a decision, as for example where the vote is evenly divided, the Chairman shall communicate this fact to the Board, which may, with the agreement of the Visitors, revoke the appointment of the Panel of Enquiry and request the Registrar to proceed to empanel a new Panel of Enquiry, if the Board does not choose to hear the case itself.
45. If it is for any reason impossible to appoint a Chairman or staff or student members of a Panel of Enquiry, the Board may determine the matter itself. If the Chairman reports that a Panel of Enquiry is unable to proceed, the Board may, with the agreement of the Visitors revoke the appointment of the Panel of Enquiry, and either determine the matter itself or appoint a new Panel of Enquiry. If the Board decides to determine the matter itself, it shall delegate this function to a sub-committee of the Board which shall be appointed by the Provost following consultation. The sub-committee shall report to the Board which shall accept the recommendation.
Appeal to the Visitors
46. Appeal from a decision of the Board in a disciplinary matter lies to the Visitors. A student shall inform the Registrar of his intention to appeal to the Visitors within three weeks of notification of the Board's decision. If, within a further period of two weeks, the matter has not been settled to the satisfaction of all parties the student may, within a further period of one week, direct the appeal in writing to either of the Visitors, and the Visitors shall consider the appeal as soon as may be consistent with justice. The Visitors may confirm the decision of the Board in whole or in part, or amend it, or declare it null and void, and their decision shall be binding on all parties. The Visitors' decision shall be promulgated as soon as is practicable.
Rules in relation to appeals generally
47. It shall be the duty of any person or body imposing or upholding a penalty on a student to indicate to him his rights of appeal or further appeal.
48. No penalty imposed by the Junior Dean, Senior Dean, Librarian or Board shall come into effect until either the due processes of appeal have completed or, where no notice of appeal has been lodged, the time for giving such notice has expired.
The Rules Committee
49. The Board may from time to time constitute a committee charged with reviewing the regulations governing disciplinary procedures. Such a committee shall be drawn from areas in College with appropriate expertise and its composition shall be agreed between the Board of the College and the Students' Union.