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Non-academic misconduct policy (students)

• Preface
• Eligibility
• Powers, limitations and exclusions
• Categories of non-academic misconduct
• Managing risk
• Dealing with non-academic misconduct
  • Stage 1: Local action
    • Misconduct in residences
    • Misconduct in Schools or non-residential Units
    • Misconduct outside of the University
  • Stage 2: Director review or action
  • Stage 3: Proctor review or action
• Appeals
• Records

Preface

1. This Policy deals with judgements against students in relation to non-academic disciplinary matters.

2. The purpose of this policy is to be corrective if reasonably possible rather than punitive; and it should be recognised that the existence of this policy is to help and encourage students to achieve and maintain acceptable standards of conduct and to ensure consistent and fair treatment for all.

3. There is a distinction between non-academic matters (for example, misconduct involving damage to the University’s property or reputation) and academic matters (for example, allegations of plagiarism).  Academic matters will be subject to the Academic Misconduct Policy (Students).

4. There are three stages of disciplinary action. The University reserves the right to take action at any stage, or to omit stages, depending on the gravity of the offence or where a conflict of interest exists. However, the University will normally seek to resolve matters of concern as close as possible to the level at which they arise.  Only when such channels are closed or where the incident requires further consideration will procedures be initiated to escalate to a higher level.

5. When an issue is potentially relevant to other related institutional procedures (such as staff disciplinary procedures), the relevant staff will determine an appropriate sequence for the matters to be considered.

6. The standard of proof that will normally apply in the operation of these procedures will be ‘the balance of probability’ of civil justice rather than ‘beyond reasonable doubt’ as in criminal justice.

7. In any case that involves actions that are potentially criminal in nature, the University will refer the matter to the police in the first instance.

8. The University will make every reasonable effort to meet the time limits expressed in this document.  Where they are not met, the University will be expected to provide a justifiable explanation.  Students should, however, be aware that timescales may be reasonably extended during University vacations when students themselves and/or appropriate staff may not be available.

9. Students should be aware that in the event of their non-attendance at any meeting, the meeting convener reserves the right to proceed in their absence.  Failure to attend without good reason may result in further disciplinary action.

10. The University’s aim during an investigation or disciplinary procedure is to deal with matters sensitively and with due respect for the privacy of any individuals involved. All staff and students must treat any information communicated to them in connection with a disciplinary matter with appropriate confidentiality.

11. If a student has difficulty at any stage of the procedure because of a disability, he/she should discuss the situation with the University Discipline Officer, in conjunction with a University Disability Adviser.

12. The University reserves the right, with the agreement of all parties involved, to make practical/operational changes to these documented procedures to suit individual case requirements or changes in legislation.

Eligibility

1. This Policy applies to all students in the University of any category, whose studies have not been completed or terminated, and any individual who has formally accepted an offer to study at the University.  It does not cover misconduct by staff; other procedures exist to deal with this.

2. The Policy covers not only individual cases of non-academic misconduct, but also may be applied collectively to a group of students, including student clubs and student societies.

Powers, limitations and exclusions

1. All students agree to the Sponsio Academica when they matriculate.  The Sponsio indicates that students are subject to the jurisdiction of the Senatus Academicus in respect of their conduct in so far as it affects the University.  In practice, the authority and powers in non-academic disciplinary matters are delegated to the relevant Disciplinary Officer.

2. Disciplinary Officers include:
   • Proctor or equivalent;
   • Director of Student Services;
   • The University Discipline Officer;
   • Wardens of Residences;
   • Assistant Director of Residential and Business Services.
3. Additionally, in consultation with the University Discipline Officer, Disciplinary Officers may include:
   • Unit Directors (Library, IT, Sport and Exercise);
   • University Security Manager;
   • University Telephone System Administrator;
   • Heads of Schools.

4. All cases of non-academic misconduct are reported and held centrally by the University Discipline Officer within Student Services.  Disciplinary Officers should consult this record to consider previous incidents of misconduct.

5. At every stage in the disciplinary process the student will have the right to be accompanied by a member of the University.  A member of the University is a person who is either presently matriculated as a student, or is an employee of the University Court of the University of St Andrews or who is elected as a sabbatical officer of or is an employee of the Students’ Association of the University of St Andrews.  Students should be aware that no other persons may accompany or represent them during disciplinary meetings.  Legal representation will only apply to cases considered by courts and tribunals external to the University, and normally only after completing the University’s internal procedures.

6. In some cases, students who have outstanding disciplinary procedures against them may not graduate in person or in absentia until the outcome of the disciplinary procedures is decided.  In these cases the students will be notified of this at the onset of disciplinary procedures.

7. This Policy should be viewed in the context of local Rules, Regulations or Codes of Practice where these exist.  Students should make themselves aware of the rules relating to the use of University premises and services.

Categories of non-academic misconduct

1. Non-academic misconduct of any type may warrant disciplinary action under this Policy.

2. For cases of minor misconduct recourse to formal disciplinary procedures should normally only be taken once reasonable efforts have been made to remedy the difficulties by informal means.

3. The following types of misconduct (these types not being exhaustive) may lead the University to invoke formal disciplinary procedures:-

   Acts of misconduct

   • Unacceptable behaviour, including verbal abuse, harassment and victimisation towards staff or students;
   • Misuse of University facilities or name;
   • Repeated or serious failure to follow regulations or instructions;  
   • Infringement of University health and safety rules;
   • Any action liable to bring the University into disrepute.

   Acts of gross misconduct

   • Theft, fraud, deliberate falsification of records;
   • Fighting or assault;
   • Deliberate damage to University property;
   • Serious acts of bullying, harassment or discrimination;
   • Action liable to bring the University into serious disrepute;
   • Supplying or consuming controlled drugs on University premises;
   • Serious infringement of the University’s health and safety rules;
   • Conviction of a criminal offence.

4. Multiple incidents of misconduct or acts of gross misconduct may lead to higher disciplinary action being taken.

Managing risk

5. The University has a responsibility to manage risk to staff, students, and its reputation.  A Risk Assessment may be required at any time under the following circumstances:

   • A report of misconduct indicating a risk to the student responsible or to others;
   • A report of misconduct indicating serious risk to the reputation of the University;
   • Incidents reported to the University via the Information Disclosure Protocol with Fife Constabulary, or involving the Fife Constabulary, including those where a student is being investigated or has been charged with a criminal offence.

6. Risk Assessments should be carried out in a time frame appropriate for the perceived risk.  Serious cases should be assessed within 24 hours of a concern being raised.  All other cases should normally be completed within five working days.

7. A Risk Assessment may remove the need for disciplinary action, or determine at which level disciplinary action should be taken.

8. Where a student has outstanding criminal proceedings, the University will carry out a Risk Assessment and initiate appropriate interim actions to mitigate any significant risks, but the University will delay disciplinary action until the conclusion of the criminal case.

9. The University Discipline Officer or Local Disciplinary Officer will determine whether a Risk Assessment is required.

10. If a Risk Assessment is required, the University Discipline Officer or Local Disciplinary Officer will send a report, including all relevant details, to the Director of Student Services.

11. The student will be requested to meet with the Director of Student Services (or delegate) for a Risk Assessment Meeting.  The Director of Student Services may also request relevant staff to attend (e.g. Local Disciplinary Officer, an appropriate adviser from Student Services).

12. At the meeting, the potential risks will be discussed, alongside any measures to address these risks.

13. Outcomes of a Risk Assessment can include one or more of the following:

    • Reviewing the use of a particular University building/service;
    • Involvement of Student Services support advisers;
    • Relocation or review of accommodation contract (in the case of students living in University accommodation);
    • Referral to the Local Disciplinary Officer or University Discipline Officer for disciplinary action;
    • Compulsory Leave of Absence from the University;
    • No further action required.

14. Please note that a Compulsory Leave of Absence equates to suspension from the University.  This course of action would be recommended only where there is a significant health and safety concern for members of the University community and where it is not possible to provide reasonable teaching and learning materials sufficient for the regular continuation of studies.

15. Where necessary the Director of Student Services (or delegate) may wish to consult with relevant staff regarding the use of a University building or service after the meeting to determine any on-going risk posed by the use of the building or service by the student and set in place any appropriate measures to manage those risks.

16. A brief report of the Risk Assessment will be recorded by the Director of Student Services (or delegate).  He/she will send the outcomes of the Risk Assessment in writing to the student and relevant staff. Such assessments will be without prejudice to any future disciplinary action.

Dealing with non-academic misconduct

Stage 1: Local action

Initial assessment

17. The Local Disciplinary Officer will normally be responsible for investigating all reports of misconduct and will make an initial assessment based on whether the matter can be handled locally, or whether the case should be referred for either a Risk Assessment, or a higher stage of disciplinary action.

18. In cases involving multiple students, the Local Disciplinary Officer will decide whether to meet with each student individually or as a group.

19. Where misconduct has been reported but the person responsible is unknown, the Local Disciplinary Officer will investigate.  The investigation may include:

    • Interviews with relevant staff;
    • A check of CCTV and swipe access records if available;
    • Interviews with students, staff, members of the public or members of the emergency services who may have information;
    • Emailing students to ask for information (if appropriate, i.e. in a Residence);
    • Review of any other relevant information;
    • Consultation with the University Discipline Officer and/or Director of Student Services.

Misconduct in residences

20. The Wardens are the Local Disciplinary Officers in University Residences and will be responsible for investigating misconduct and taking any disciplinary action required in their residence.

21. In addition, Residence Managers and Wardens, under the authority of Student Accommodation Services, may take action where misconduct in residences includes failure to comply with Health and Safety Regulations or any other clause listed in the Terms and Conditions of Let.

22. Where the Warden identifies a student responsible for misconduct in their residence, they must check for previous incidents of misconduct, and determine whether it is appropriate for the case to be handled locally.

23. If the case is handled locally, the student will normally be requested, giving at least 48 hours’ notice (except when time-critical constraints apply), to meet with two members of the Wardennial Team.

24. At the meeting, the representatives of the Wardennial Team will explain the details of the misconduct to the student who will be invited to comment.  Any remedial action taken by the student prior to the meeting or other relevant information will also be discussed.

25. The representatives of the Wardennial Team will propose an appropriate outcome and explain this to the student.  The student will normally receive notification of the meeting outcome in writing within five working days of the meeting. 

26. If the representatives of the Wardennial Team require guidance on appropriate outcomes, they may close the meeting and consult with other members of the Wardennial Team or the University Discipline Officer to determine an appropriate outcome.  In such cases, the student will be notified that further consultation has been required, and the outcome will be communicated to the student in writing within ten working days of the initial meeting.  

27. Outcomes of Local Action can include one or more of the following, as appropriate:

    • A formal warning;
    • A fine of up to £150;
    • A requirement to pay for any damages or cleaning charges incurred;
    • A ban from a communal area of the residence;
    • Confiscation of equipment or items causing unreasonable disturbance to people or damage to property;
    • A requirement to submit a written apology to those affected by the misconduct;
    • Referral to the Director of Student Services for a higher stage of disciplinary action;
    • Referral to Student Accommodation Services to request review of the accommodation contract where the misconduct involves a breach of Terms and Conditions of Let.

28. A record of the outcome will held by Student Services, and this record will be checked in the event of further misconduct.  It will also be checked if the student requests a reference from the Warden, or reapplies for entry to Student Accommodation in the future.

Misconduct in Schools or non-residential Units

29. Local Disciplinary Officers in Schools and non-residential Units will be responsible for investigating misconduct and taking any disciplinary action required in their area of responsibility. 

30. For some premises and services there are local rules which should be consulted by the Local Disciplinary Officer to determine appropriate action.

31. Where the Local Disciplinary Officer identifies a student responsible for misconduct in their area of responsibility, they must consult the University Discipline Officer for previous incidents of misconduct, and to determine whether it is appropriate for the case to be handled locally.

32. If the case is handled locally and it is necessary to hold a meeting, the student will normally be requested, giving no less than 48 hours’ notice (except where time-critical constraints apply), to meet with the Local Disciplinary Officer and another member of staff (either from the relevant area or the University Discipline Officer).

33. At the meeting, the Local Disciplinary Officer will explain the details of the misconduct to the student who will be invited to comment.  Any remedial action taken by the student prior to the meeting or other relevant information will also be discussed.

34. The Local Disciplinary Officer will propose an appropriate outcome and explain this to the student.  The student will normally receive notification of the meeting outcome in writing within five working days of the meeting. 

35. If the Local Disciplinary Officer requires guidance on appropriate outcomes, they may close the meeting and consult with the University Discipline Officer to determine an appropriate outcome.  In such cases, the student will be notified that further consultation has been required, and the outcome will be communicated to the student in writing within ten working days of the initial meeting.

36. Outcomes of Local Action can include one or more of the following, as appropriate:

    • A formal warning
    • A fine of up to £150
    • A requirement to pay for any damages or cleaning charges incurred
    • A ban from a University building or service
    • Confiscation of equipment or items causing unreasonable disturbance to people or damage to property
    • A requirement to submit a written apology to those affected by the misconduct
    • Referral to the Director of Student Services for a higher stage of disciplinary action

37. A record of the outcome will held by Student Services, and this record will be checked in the event of further misconduct.

Misconduct outside of the University

38. The University Discipline Officer will be responsible for investigating reports of misconduct which occurs outside of University grounds and taking any disciplinary action required.  This includes both misconduct occurring in St Andrews and also misconduct occurring elsewhere if there is a reasonable expectation that the behaviour will reflect upon the University.

39. Reports of misconduct may be received via staff, students, St Andrews residents, Fife Constabulary or any other party affected by the misconduct.

40. Where the University Discipline Officer identifies a student responsible for misconduct, they must check for previous incidents of misconduct, and determine whether the case can be handled locally.

41. Whilst the University cannot intervene in private agreements (including accommodation and other business arrangements), it must respond to all reports of misconduct involving students.

42. If the report does not require formal disciplinary action, the University Discipline Officer will contact the student to inform them of the report and advise them of any relevant regulations.

43. If the case requires formal disciplinary action and it is appropriate that it should be handled by the University Discipline Officer, the student will normally be requested, giving no less than 48 hours’ notice (except where time-critical constraints apply), to meet with the University Discipline Officer and another staff member, if relevant.

44. At the meeting, the University Discipline Officer will explain the details of the misconduct to the student who will be invited to comment.  Any remedial action taken by the student prior to the meeting or other relevant information will also be discussed.

45. The University Discipline Officer will propose an appropriate outcome and explain this to the student.  The student will normally receive notification of the meeting outcome in writing within five working days of the meeting. 

46. If the University Discipline Officer requires clarification on appropriate outcomes, he/she may close the meeting and consult with the Assistant Director of Student Services to determine an appropriate outcome.  In such cases, the student will be notified that further consultation has been required, and the outcome will be communicated to the student in writing within ten working days of the initial meeting.

47. Outcomes of Disciplinary Action by the University Discipline Officer can include one or more of the following, as appropriate:

    • A formal warning
    • A fine of up to £150
    • A requirement to pay for any damages or cleaning charges incurred
    • A ban from a University building or service
    • Confiscation of equipment or items causing unreasonable disturbance to people or damage to property
    • A requirement to submit a written apology to those affected by the misconduct
    • Referral to the Director of Student Services for a higher stage of disciplinary action

48. A record of the outcome will held by Student Services, and this record will be checked in the event of further misconduct.

Stage 2: Director review or action

49. The Director of Student Services (or delegate) will deal with any case which has not been resolved at Stage 1 level, or is sufficiently serious to warrant higher disciplinary action.

50. The Local Disciplinary Officer will submit a report of the misconduct to the Director of Student Services including any previous action taken.  The Director of Student Services will check for previous incidents of misconduct.

51. At this stage, the Director of Student Services may choose to refer the case back to the Local Disciplinary Officer with a recommendation for local action, in which case there will be no further action by the Director of Student Services.

52. If it is judged inappropriate for the case to be handled at Local level, the student will normally be requested, giving no less than 48 hours’ notice (except when time-critical constraints apply), to meet with the Director of Student Services (or delegate) and another staff member, if relevant.

53. At the meeting, the Director of Student Services will explain the details of the misconduct to the student who will be invited to comment.  Any previous disciplinary action, remedial action taken by the student prior to the meeting or other relevant information will also be discussed.

54. The Director of Student Services will propose an appropriate outcome and explain this to the student.  The student will normally receive notification of the meeting outcome in writing within five working days of the meeting.

55. Outcomes of Director Action can include one or more of the following, as appropriate:

    • A formal warning
    • A fine of up to £300
    • A requirement to pay for any damages or cleaning charges incurred
    • A ban from a University building or service
    • Confiscation of equipment or items causing unreasonable disturbance to people or damage to property
    • A requirement to submit a written apology to those affected by the misconduct
    • Referral to Local Disciplinary Officer for a lower stage of disciplinary action
    • Referral to the Proctor (or equivalent) for a higher stage of disciplinary action
    • Referral to Student Accommodation Services to request review of the accommodation contract where the misconduct involves a breach of Terms and Conditions of Let

56. A record of the outcome will held by Student Services, and this record will be checked in the event of further misconduct.

Stage 3: Proctor review or action

57. The Proctor (or equivalent) will deal with any case which has not been resolved at Director level, or is sufficiently serious to warrant the highest level of disciplinary action. 

58. The Director of Student Services will submit a report of the misconduct to the Proctor (or equivalent) including any previous action taken and/or previous incidents of misconduct.

59. At this stage, the Proctor (or equivalent) may choose to refer the case back to the Director of Student Services with a recommendation for Director action, in which case there will be no further action by the Proctor (or equivalent).

60. If it is judged inappropriate for the case to be handled at Director level, the student will normally be requested, giving no less than 48 hours’ notice (except when time-critical constraints apply), to meet with the Proctor (or equivalent) and another staff member, if relevant.

61. At the meeting, the Proctor (or equivalent) will explain the details of the misconduct to the student who will be invited to comment.  Any previous disciplinary action, remedial action taken by the student prior to the meeting or other relevant information will also be discussed.

62. The Proctor (or equivalent) will propose an appropriate outcome and explain this to the student.  The student will normally receive notification of the meeting outcome in writing within five working days of the meeting. 

63. Outcomes of Proctor (or equivalent) Action can include any one or more of the following, as appropriate:

    • A formal warning
    • A fine of up to £500
    • A requirement to pay for any damages or cleaning charges incurred, or any outstanding debts to the University within a defined period
    • A ban from a University building or service
    • Confiscation of equipment or items causing unreasonable disturbance to people or damage to property
    • A requirement to submit a written apology to those affected by the misconduct
    • Referral to the Director of Student Services for a lower stage of disciplinary action
    • Referral to Student Accommodation Services to request review of the accommodation contract where the misconduct involves a breach of Terms and Conditions of Let
    • Temporary suspension or permanent expulsion from the University

64. A record of the outcome will held by Student Services, and this record will be checked in the event of further misconduct.

Appeals

65. Students who wish to appeal against any disciplinary action or outcome should refer to the Policy on Non-Academic Complaints and Non-Academic Appeals.

66. Advice on appeals may be obtained from the University Discipline Officer, the Executive Officer to Court or staff of the Students’ Association.

Records

67. Details of non-academic misconduct are reported and held centrally, subject to the constraints of the Data Protection Act, by the University Discipline Officer within Student Services and in accordance with the Student Confidentiality Code.  Students in the Faculty of Medicine should also refer to the Fitness to Practise Policy.