Disciplinary Procedures in Respect of Students
Schedule 2 - Discipline
Part 1 – Conduct Addressed
(1) This Schedule applies to matters relating to student discipline.
(2) Disciplinary offences to which this Schedule applies shall include breaches or attempted breaches of the criminal law and of College regulations (including those set out in the Calendar), whether committed inside or outside the College, including but not limited to
(a) activity which brings the College into disrepute,
(b) misconduct in relation to examinations, libraries, and the use of other College facilities, services, and accommodation
(c) disruption of the normal operation of activities within the College,
(d) harassment or misbehaviour on College property or in dealings with others,
(e) plagiarism, and
(f) research misconduct;
provided that this Schedule does not infringe the legitimate right of students to assemble and express grievances.
(3) A disciplinary offence shall be dealt with as expeditiously as possible.
Part 2 - Investigation and reporting of offences
2. Commission of offences
(1) It shall normally be the responsibility of the Junior Dean to investigate the commission of alleged disciplinary offences.
(2) Notice of the commission of an alleged offence, where appropriate, must be given to the Junior Dean as soon as practicable after the commission of the offence. The person charged with responsibility over a particular area of College (for example, the Senior Lecturer in the case of undergraduate examinations, or the Dean of Graduate Studies in the case of postgraduate examinations, or a Head of School) will normally be responsible for such notification.
(3) (a) Where an allegation of research misconduct relating to a student who also holds a title listed in the Table on Academic Titles to the Schedule on Titles (Schedule 1 to the Chapter on Academic Staff) has been notified to the Junior Dean, then the Junior Dean, the Dean of Students and the Dean of Research shall decide whether the matter should be dealt with pursuant either to the Chapter and these Schedules or to the Schedule on grievance and disciplinary issues relating to members of the academic staff (Schedule 1 to the Chapter on Academic Staff Conduct).
(b) Where an allegation of research misconduct relating to a student who is also a member of the technical, administrative and support staff has been notified to the Junior Dean, then the Junior Dean, the Dean of Students and the Dean of Research shall decide whether the matter should be dealt with pursuant either to the Chapter and these Schedules or to an appropriate Schedule to the Chapter on Administrative, Technical and Support Staff Conduct.
(c) Where an allegation of research misconduct relating to any other student has been notified to the Junior Dean, the Junior Dean shall inform the Dean of Research of the allegation and of the outcome of procedures pursuant to the Chapter and these Schedules; and, in appropriate cases, section 10 shall apply.
(d) For the purposes of this section, “research misconduct” has the meanings ascribed to it in section 7 of the Schedule on grievance and disciplinary issues relating to members of the academic staff (Schedule 1 to the Chapter on Academic Staff Conduct).
3. Junior Dean and others
(1) The functions and obligations of (including requirements of notification upon) the Junior Dean may also be performed
(a) in the case of offences relating to Trinity Hall, by the Warden,
(b) in the case of breaches of Library Regulations, by the Librarian and College Archivist,
(c) in the case of breaches of IT Services regulations in general, and of the IT and Network Code of Conduct in particular, by the Director of IT Services, and
(d) by any other person or body as Board may direct, and any references in this Schedule to the Junior Dean shall be construed accordingly.
4. Postponement of procedures
(1) Notwithstanding section 1(3), the Junior Dean, the Committee, or a Panel of Enquiry, as the case may be, shall have regard to any criminal, disciplinary or other similar process arising out of the same or similar matter, and may postpone disciplinary procedures (including the application of time limits) being taken pursuant to this Schedule until any such process is complete.
(2) For the purposes of this Schedule, “day” has the meaning ascribed to it in Schedule 1; provided that
(a) in matters already before a Panel, it shall also include any other day as agreed by the parties and the Panel, and
(b) it shall exclude days during a postponement of procedures pursuant to subsection (1).
Part 3 - Procedures to be followed by the Junior Dean
(1) The Junior Dean shall perform the functions of office with due enquiry.
(2) Where an alleged disciplinary offence comes to the attention of the Junior Dean, whether by notification pursuant to section 2 or otherwise, then the Junior Dean shall furnish to the student a notice in writing in satisfaction of section 37 which also sets out the specific disciplinary offence with which the student is charged and, if possible, indicates whether that offence is likely to be characterised as either major or minor.
(3) The Junior Dean shall interview the student as soon as is practicable thereafter. At that interview, the student’s tutor or other person of the student’s choice may represent the student; and the student and any such representative shall be given full opportunity to comment on the allegations made against the student.
(4) If the student refuses to attend that interview, the Junior Dean may nevertheless proceed to take a decision pursuant to section 7.
6. Classification of offences
(1) The Junior Dean shall, following the interview and the completion of the initial investigation, decide whether a case has been established against the student and, if so, whether, in the case of each offence in question, it is a minor or major offence.
(2) It shall be for the Junior Dean in the first instance to decide whether an offence is major, but the Junior Dean shall have regard to factors such as the potential for criminal or professional misconduct proceedings arising out of the offence, the impact of the offence on others, the disruption of the normal functioning of the College and/or its facilities and/or members, plagiarism, falsification or serious misuse of official College or University documents or false pretences in connection with academic attainments, or refusal to comply with any final penalty imposed pursuant to this Schedule.
7. Decision of Junior Dean
(1) The Junior Dean shall, within 15 days of the furnishing to the student of a notice pursuant to section 5, have finally dealt with the matter, having either decided that there was no case to answer, dealt with the matter summarily and imposed a penalty, or referred the matter to the Committee pursuant to section 9 or section 12.
(2) The time limit in subsection (1) 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.
(3) The student may, pursuant to section 7(2)(b) of Schedule 1 on the Committee on Student Conduct and Capacity, appeal the final decision of the Junior Dean taken pursuant to subsection (1).
(1) Any person or body imposing a penalty pursuant to this Schedule shall impose an appropriate penalty, having regard to the offence, its consequences, and the means and circumstances of the student.
(2) The penalty for each minor offence committed by the student may include a fine which shall not exceed any limit as set by Board from time to time.
(3) The penalty for each major offence committed by the student and dealt with summarily may include suspension from the University and College not extending beyond the end of the next academic year, disqualification from an examination, and a fine which shall not exceed any limit as set by Board from time to time.
(4) The penalty for each major offence committed by the student and not dealt with summarily may include reprimand, disqualification from an examination, suspension from academic and other privileges, suspension from the University and College not extending beyond the end of the second next academic year, expulsion from the University and College, and a fine which shall not exceed any limit as set by Board from time to time.
(5) In all such cases, the student may also be required to pay compensation, make reparation, provide restitution and/or donate to charity.
(6) For the avoidance of doubt, the penalties available under this section include suspension as defined in the Suspension Section; and, where the Junior Dean has imposed a penalty that includes a suspension, then the Suspension Section shall apply.
(7) (a) The Junior Dean may impose a penalty, and postpone its application conditional upon the good behaviour of the student concerned for a stated period of time.
(b) If, in the opinion of the Junior Dean, the student concerned maintains good behaviour for that stated period of time, the Junior Dean may discharge the penalty.
(c) If, in the opinion of the Junior Dean, the student concerned does not maintain good behaviour, then at any stage during the stated period of time, the Junior Dean may reinstate the penalty; and, if the reason why the student has not maintained good behaviour amounts to a disciplinary offence, the Junior Dean may take further disciplinary action pursuant to this Schedule.
Part 4 - Summary procedure by consent in respect of major offences
(1) A Junior Dean who finds that a major offence has been committed by a student shall refer the matter by notice in writing to the Chairperson of the Committee, unless
(a) the student admits responsibility and consents in writing to summary 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 summary procedure is appropriate.
10. Academic activity and research matters
(1) In the case of any major offence related to an academic activity, the Junior Dean shall, before making a decision pursuant to section 9, seek and take into account the views of the Senior Lecturer or the Dean of Graduate Studies, as the case may be.
(2) In the case of any major offence relating to a research matter (including, but not limited to, research misconduct), the Junior Dean shall, before making a decision pursuant to section 9, seek and take into account the views of the Dean of Research and the Research Integrity Officer.
(3) Such views shall include views as to an appropriate penalty.
(4) Any such views shall be made known to the student.
(1) A Junior Dean who decides to deal with a major offence by summary procedure shall invite the student to make submissions in mitigation or otherwise relating to an appropriate penalty.
(2) Such submissions may be made either orally or in writing, and either by the student or by the student’s representative.
(3) A Junior Dean who then decides to impose a penalty upon the student shall do so pursuant to section 8.
(4) The student may, pursuant to section 7(2)(b) of Schedule 1 on the Committee on Student Conduct and Capacity, appeal the penalty imposed by the Junior Dean pursuant to subsection (3).
12. Withdrawal of consent
(1) A student charged with a major offence may withdraw consent to the summary procedure at any time before penalty is imposed, by notifying the Junior Dean to this effect, who shall then refer the matter by notice in writing to the Chairperson of the Committee.
(1) Where, in the opinion of the Junior Dean, it is necessary to assist the investigation of a major offence or to prevent clear and reasonably imminent harm, the Junior Dean may suspend a student; and the Suspension Section shall apply.
Part 5 - Panel of Enquiry
14. Membership of Panel
(1) A 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 Chairperson; provided that the staff and student membership shall each include at least one man and one woman.
(2) The Chairperson shall be a person with legal training and shall be appointed by Board with the agreement of the Students' Unions to serve for a period of three years or until resignation if that occurs earlier. The Chairperson shall be eligible for re-appointment.
(3) (a) Board shall also appoint a Deputy Chairperson, who shall act as Chairperson in any matter in which the Chairperson is unable to act.
(b) The Deputy Chairperson shall be a person with legal training and shall be appointed by Board with the agreement of the Students' Unions to serve for a period of three years or until resignation if that occurs earlier.
(c) The Deputy Chairperson shall be appointed on the same terms and conditions as the Chairperson, and shall be eligible for re-appointment.
(4) The Junior Dean, members of the Committee, and members of Board may not be members of a Panel.
(1) A member of the Secretary’s Office shall act as Secretary to the Panel, but shall not be a member of a Panel.
(2) In all cases, a minute of the proceedings and, where appropriate, a full record of the proceedings, shall be kept.
(1) A Panel shall have such powers and functions as defined by Board and the Statutes and Schedules, and shall hear any
(a) appeal against a decision of the Committee for which leave has been obtained,
(b) referral by the Committee pursuant to Schedule 1 on the Committee on Student Conduct and Capacity, or
(c) matter referred back to it by Board.
(2) Unless the Chairperson decides otherwise, any decision being appealed to the Panel shall remain in place and shall retain full force and effect during the currency of any appeal.
17. Witnesses and evidence
(1) The student shall, at least five days in advance of the hearing, or such longer period as the Chairperson shall specify, notify the Chairperson in writing of the names and addresses of the witnesses he or she proposes to call, and supply to the Chairperson a copy of any documents which he or she proposes to submit at the hearing.
(2) The Chairperson shall furnish to the Junior Dean copies of all such communications as soon as practicable following their receipt.
(1) The Junior Dean shall, at least five days in advance of the hearing, or such longer period as the Chairperson shall specify, cause the following documents to be served on the student and the Chairperson:
(a) a statement of the charges against the student,
(b) a list of witnesses whom the Junior Dean proposes to call (if any),
(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).
(2) The student shall have the right to inspect all exhibits.
(3) At any time the Junior Dean may, with the permission of the Chairperson, cause to be served on the student and furnished to the Panel a further summary of 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 Chairperson shall grant such permission, unless satisfied that it would be unfair to the student to accede to the Junior Dean's request.
(1) Where two or more appeals are pending before the Panel relating either to the same incident or occasion or to sufficiently related incidents or occasions, then the Chairperson may decide to consolidate the appeals and hear them together in a single hearing before one Panel.
(2) Where two or more appeals are pending before the Panel in matters which were either treated together by the Junior Dean or heard together in a single hearing by the Committee, the Chairperson may nevertheless decide to treat them as separate appeals and consider them in separate hearings before different Panels.
(3) The Secretary to the Panel shall arrange for a Panel to be empanelled for each hearing.
(4) The Chairperson may, at his or her discretion, excuse any person from serving on the Panel, where that person has a direct interest in the hearing, or in other exceptional circumstances.
(5) An opportunity shall be afforded to each party to object without cause shown to any two people serving as panel members. In addition, the parties shall be afforded an opportunity to object for
stated reasons to any number of persons serving as panel members. The Chairperson shall determine whether or not such objection shall be upheld. (6) A Panel may continue to operate despite the withdrawal of one member.
(1) Students before a Panel may be represented by their tutors or other persons of their choice, including professional representation.
(2) The Junior Dean may also avail of representation, including professional representation.
(1) Panel hearings shall be open to members of the Community; provided that the Chairperson shall have the discretion to impose such restrictions on admission as are necessary to ensure the orderly conduct of the proceedings.
(2) The Chairperson may, at the request of the student or Junior Dean or on the Chairperson’s own initiative, order that proceedings be conducted in private if satisfied that there are good reasons for doing so; provided that the Chairperson may not make such order without the consent of each student party to the proceedings unless there are compelling reasons for doing so.
(1) A Panel shall conduct its business according to the rules set out in this Schedule; it shall otherwise determine its own procedures, and perform its functions with due enquiry.
(2) It shall be the duty of the Chairperson to make rulings on all matters relating to the establishment, procedure and conduct of the Panel.
(3) If, at any stage in the proceedings, the Chairperson is satisfied that there is insufficient evidence to establish an offence with which the student is charged, then the Chairperson may withdraw that offence from consideration by the Panel and direct the Panel to return a verdict of not guilty in respect thereof.
23. Documentary evidence
(1) In any proceedings before a Panel, the Calendar and any official College or University document shall be admissible in evidence, and, unless the contrary is proven, the facts stated therein shall be presumed to be true.
(2) The Chairperson may admit any other relevant document or evidence.
(3) For the purposes of this section, “official College or University document” shall include a certified copy of any examination paper, examination script, transcript of results, examiner's report and minutes of a meeting of Board or Council, or of any committee or body established or appointed pursuant to the Chapter on Committees, or of any academic unit.
Part 6 - Hearings of a Panel of Enquiry in respect of major offences
(1) In the case of a referral of a major offence to a Panel by the Committee pursuant to Schedule 1 on the Committee on Student Conduct and Capacity, the student shall receive a written summons in the name of the Panel.
(2) The summons shall
(a) be signed by or on behalf of the Chairperson of the Panel,
(b) contain a brief specification of each charge,
(c) give notice of the date, time and place of the hearing, and
(d) require the student to appear at the hearing before the Panel.
(3) The summons shall be accompanied by a copy of this Schedule and of Schedule 1 on the Committee on Student Conduct and Capacity, drawing attention in particular to the student's right to representation, to submit written evidence, and to call such witnesses in defence as the student may think fit.
(4) The summons shall be delivered to the student by registered post, by courier delivering on behalf of the Chairperson, by personal delivery by or on behalf of any Officer, by recorded delivery, or by any other method of delivery – including electronic delivery – deemed appropriate by the Chairperson.
(5) Where it appears to the Chairperson that due and reasonable diligence has been exercised in endeavouring to deliver a summons pursuant to subsection (4), then the Panel shall not lack for jurisdiction to deal with the case, notwithstanding that the student seeks to object that the summons was not successfully delivered.
(6) At any stage in the proceedings, the Chairperson may direct that the specification of a charge against a student as set out in the summons be amended, and the Chairperson may make any consequential order as may seem appropriate in all the circumstances of the case.
(1) The summons shall be delivered to the student within 15 days of any referral of a major offence pursuant to Schedule 1 on the Committee on Student Conduct and Capacity, and the Panel shall meet within a further 15 days, or such longer period as the Chairperson shall specify.
(1) The student shall attend in person throughout the hearing of the case.
(2) If a student does not appear, the Panel may proceed to deal with the charge and, if it considers it appropriate to do so, determine a penalty in the student’s absence.
27. Guilty plea
(1) A student wishing to do so may plead guilty to any charge, either in person before the Panel or by letter addressed to the Chairperson prior to the hearing.
(2) In either case the student shall appear before the Panel, to answer questions and/or make submissions in relation to the matter of penalty, and to be informed of the Panel's decision.
(1) Having opened the proceedings, the Chairperson shall invite the presentation of the Junior Dean’s case to the Panel. The student shall then be heard.
(2) Where witnesses are called, they may be examined, cross-examined and/or re-examined by the parties and by members of the Panel.
(3) When the presentation of evidence is complete, the Chairperson shall invite the parties to address concluding remarks to the Panel.
(4) The Chairperson shall then, in the presence of the parties, address the other members of the Panel, summarising the evidence presented, giving directions as to the proper approach to the evidence adduced and instructing them as to their functions.
(5) For the purposes of this section, a reference to the Junior Dean and the student shall include their representatives, if any.
(1) Following the Chairperson's address, the other members of the Panel shall retire to consider their verdict in private and in the absence of the Chairperson and of the parties.
(2) The panellists shall nominate from amongst themselves a spokesperson, who shall, in the presence of the Panel, the Chairperson and the parties, announce the Panel's decision.
(3) A verdict (whether of guilty or not guilty) shall not be returned unless at least five of the panellists are in agreement with such verdict; in other cases it shall be recorded that the Panel was unable to reach a verdict.
(4) Where a verdict of not guilty is returned, or where the Panel was unable to reach a verdict, the Chairperson shall dismiss the case.
(1) Where a verdict of guilty is returned, the Chairperson shall, and the parties may at their choice, address the panellists on factors relevant to the determination of an appropriate penalty, having regard in particular to section 8 of Schedule 2 on Discipline.
(2) The panellists shall then again retire to consider an appropriate penalty, which decision may be made by simple majority; and, having made their decision, their spokesperson shall, in the presence of the Panel, the Chairperson and the parties, announce it.
(3) If, in the opinion of the Chairperson, any proposed penalty is ultra vires (beyond their powers) or unreasonable, the Chairperson may ask the panellists to reconsider the matter.
(4) Where the panellists are equally divided or otherwise unable to decide upon an appropriate penalty, the penalty shall be determined by the Chairperson.
(5) The Chairperson shall, following announcement of the penalty, inform the student of the right to appeal to the Visitors in the event of the Panel's decision being confirmed by Board.
Part 7 - Appeals to a Panel from decisions of the Committee
31. Hearing date
(1) In the case of an appeal against a decision of the Committee for which leave has been obtained, the hearing of the appeal shall take place either within
(a) 15 days of the date upon which the Chairperson of the Panel granted leave to appeal or received notification pursuant to section 8 of Schedule 1 on the Committee on Student Conduct and Capacity that such leave had been granted, or
(b) such other period as the Chairperson may determine.
(2) The appellant shall be given at least five days' written notice of the date, time and place of the hearing, and shall, at the same time be furnished with a copy of this Schedule and of Schedule 1 on the Committee on Student Conduct and Capacity, drawing attention in particular to the student's right to representation, to submit written evidence, and to call such witnesses as the student may think fit.
(1) An appeal shall be a full rehearing.
(2) Except as directed by the Chairperson, the Junior Dean shall make the first presentation, the student shall make the next presentation, and the Junior Dean shall be entitled to be heard in reply.
(3) Except as aforesaid, the appeal shall as far as possible proceed according to Part 6.
Part 8 - Board and Visitors
(1) Board shall maintain oversight of the College's disciplinary procedures in respect of students.
(2) In particular, and subject to overriding considerations of fairness, Board shall ensure the proper imposition of discipline and the orderly operation of referrals and appeals to the Committee and a Panel of Enquiry.
34. Panel Reports
(1) The Chairperson of a Panel shall report to Board, within 15 days, on all findings made by a Panel; this report shall contain a summary of the proceedings, of the evidence given, and of the outcome. The Chairperson shall also report, within 15 days, on any denial of leave to appeal to a Panel.
(2) Board shall take a decision on either report no later than at its next regularly scheduled meeting; Board may adopt such report, refer it to the Visitors, refer it back to the Panel for clarification, or refer it to a new Panel for further consideration.
(3) The student shall be immediately notified of that decision by registered post, by courier delivering on behalf of Board, by personal delivery by or on behalf of any Officer, by recorded delivery, or by any other method of delivery – including electronic delivery – deemed appropriate by Board.
(4) Where it appears to Board that due and reasonable diligence has been exercised in endeavouring to deliver such notification pursuant to subsection (3), then the Visitors or the Panel or a new Panel (as the case may be) shall not lack for jurisdiction to deal with the issue, notwithstanding that the student seeks to object that the notification was not successfully delivered.
(5) Where Board has referred a matter to a new Panel for further consideration, the Chairperson, having heard submissions from the parties, shall determine the procedure to be followed, provided that the appeal shall as far as possible proceed according to Part 6. No matter shall be considered more than twice by a Panel.
(1) Appeal from a decision of Board in a disciplinary matter, whether relating to a decision of the Committee or of a Panel or otherwise, lies to the Visitors pursuant to the Chapter on the Visitors.
(2) The Visitors' decision in any such appeal shall be published as soon as is practicable.
Part 9 - Application and review
36. Effectiveness of penalties
(1) Penalties imposed pursuant to this Schedule shall be effective when imposed, unless their application is postponed pursuant to (a) section 8(7) of this Schedule, (b) section 16(2) of this Schedule, or (c) section 6(3) of Schedule 1 on the Committee on Student Conduct and Capacity.
37. Rights of appeal
(1) Any person or body which is investigating an alleged offence or imposing or upholding a penalty on a student shall indicate to the student any and all rights of representation, appeal or further appeal.
(1) 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 Board and the Students' Unions.
(2) Further details relating to this Schedule may be set out in the Calendar.
39. Ill-founded issues
(1) A person or body considering a disciplinary issue pursuant to this Schedule may
(a) reject the disciplinary issue as ill-founded, and
(b) in the case of a person who has either persistently and unreasonably raised ill-founded disciplinary issues or has acted in concert with another to raise such ill-founded disciplinary issues, refuse to consider any disciplinary issue raised by such a person.
(2) An appeal against a decision taken pursuant to subsection (1) shall lie to the Committee on Student Conduct and Capacity pursuant to section 7(2) of Schedule 1, and the Committee shall consider the issue pursuant to Part 2 of that Schedule.
(3) An issue shall be “ill-founded” if it satisfies the definition of that term in the Introduction Chapter.