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Disciplinary Code and Procedure in Respect of Students

contact: Andy Saffery, Deputy Registrar (Operations and Planning), Student and Registry Services

Foreword

The following document sets out UCL's code and procedure for discipline in respect of students. The document has been prepared in the light of UCL's Charter and Statutes, the CVCP Notes for Guidance Student Disciplinary Procedures (December 1994)1 and legislation on Human Rights, Data Protection and Freedom of Information, and has been approved by the UCL Council on the advice of the Academic Board and after consultation with UCL Union.

The purpose of the Code is to regulate students' behaviour as students of UCL in order to secure the proper and orderly working of UCL.

I. DISCIPLINARY CODE

1. Statute 13 (Jurisdiction over Students) of UCL's Statutes prescribes:

(1) The Council shall be responsible for maintaining good order within the College and its precincts and other buildings and premises owned or occupied by the College and shall have disciplinary powers over the conduct of Students of the College which the Council considers to affect the interests of the College, its Staff or Students.
(2) The Council, on the advice of the Academic Board, and after consulting the Students' Union, shall approve a Disciplinary Code and Disciplinary Procedure and determine procedures, including a student complaints and appeals procedure, which shall be published and made available to all Students of the College. The Procedure shall provide for the arrangements governing the hearing of a case of disciplinary action against a Student and of an appeal to the Discipline Review Body prescribed in (3).
(3) There shall be a Discipline Review Body to which an appeal shall lie in cases where the punishment imposed by the College is expulsion from the College and its precincts and other buildings and premises owned or occupied by the College, or temporary exclusion for more than four weeks.

2. The Provost has the following disciplinary powers under Statute 11 of UCL's Statutes:

(3) The Provost shall have power, in accordance with Regulations made by the Council on the advice of the Academic Board, to suspend a Student from any or all of his or her studies in the College and to exclude a Student from the College and its precincts and other buildings and premises owned or occupied by the College. In the case of suspension or exclusion for reasons other than academic insufficiency the Provost shall report such suspension or exclusion to the Academic Board and to the Council and shall ensure that appropriate action is taken forthwith under disciplinary or other appropriate procedure.
(4) The Provost shall have power to delegate any or all of the powers conferred by paragraphs . . . (3) of this Statute (as above) to such Officer of the College or persons or bodies as he/she may think fit.

3. UCL may punish a student in respect of misconduct covered by the Code even if that misconduct has already been the subject of criminal prosecution and penalty.

4. Alleged misconduct which also appears to constitute a criminal offence will not normally be the subject of proceedings under this Code unless there has already been a police investigation or prosecution, or the police have declined to act, but this does not apply to criminal offences which can be described as "not serious". Criminal offences defined as "not serious" may include, but are not restricted to, for example, minor assault or damage to property.

5. UCL will not seek to discipline a student on a charge in respect of which the student has been acquitted in a criminal court, but UCL reserves the right to take disciplinary action in respect of related conduct.

6. The jurisdiction of this Code will extend, where appropriate, beyond UCL's precincts and will cover, for example, the conduct of students attending another institution or a work placement in the United Kingdom or abroad, or taking part in approved field trips or other authorised external UCL activities.

7. If allegations of misconduct are or have been subject to proceedings under a code of discipline made by another authority (e.g. the University of London), the Provost shall decide if separate proceedings under this code should commence, continue, be halted or deferred, and if deferred, whether the proceedings should commence or recommence when the other proceedings have been completed. The Provost may consult the other authority before reaching a decision.

8. Any action taken under this Code automatically supersedes any disciplinary action being taken under other rules or regulations of UCL.

9. Misconduct which may be the subject of disciplinary procedures under this Code is defined as improper interference with the proper functioning or activities of UCL, or of those who work or study in UCL, or action which otherwise damages UCL and or its staff or students, including the following: 

(1) disruption or improper interference, whether on UCL premises or elsewhere, with the academic, administrative, sporting, social, cultural or other activities of UCL;
(2) obstruction or improper interference on UCL premises or whilst engaged in any UCL activity with the functions, duties or activities of any student, member of staff or other employee of the UCL or any authorised visitor to UCL;
(3) violent, indecent, disorderly, threatening or offensive behaviour or language on UCL premises or whilst engaged in any UCL activity;
(4) fraud, deceit, deception or dishonesty in relation to UCL or its staff or students;
(5) action likely to cause injury or impair safety on UCL premises or whilst engaged in any UCL activity;
(6) sexual, racial or other kind of harassment of any student, member of staff or other employee of UCL or any authorised visitor to UCL;
(7) breach of the provisions of UCL's Code of Practice on Freedom of Speech or of any other code or UCL rule or regulation which provides for breaches to constitute misconduct under this Code;
(8) damage to or defacement, caused intentionally or recklessly, or misappropriation of UCL and/or University property or the property of other members of UCL and/or the University community, or any other property into which the student enters, or misappropriation of such property whilst engaged in UCL activities;
(9) misuse or unauthorised use of UCL/University premises or items of property, including computer misuse;
(10) conduct which constitutes a criminal offence where that conduct -
(a) took place on UCL premises or
(b) affected or concerned other members of the UCL community or
(c) damages the good name of UCL or
(d) itself constitutes misconduct within the terms of this Code or
(e) is an offence of dishonesty, where the student holds an office of responsibility in UCL, or
(f) is such as to render the student unfit to practise medicine or
(g) resulted in the acquisition of a criminal conviction for a serious offence not involving members of UCL or its premises, which may affect the safety of a member of UCL or the premises of UCL or which could bring UCL into disrepute or
(h) involves failure to declare a criminal conviction to UCL, subject to the Rehabilitation of Offenders Act;
(11) behaviour which brings UCL into disrepute;
(12)
failure to disclose name and other relevant details to an officer or employee of UCL in circumstances where it is reasonable to require that such information be given;
(13) failure to comply with a previously imposed penalty under this Code.

II. DISCIPLINARY PROCEDURE

[Statute 13(2) provides that the Council shall approve "a Disciplinary Code and Disciplinary Procedure… which shall be published and made available to all Students of the College" and that the "Procedure shall provide for the arrangements governing the hearing of a case of disciplinary action against a Student and of an appeal to the Discipline Review Body prescribed in (3)."]

Responsibility for disciplinary matters

1. Under Regulation for Management (“Regulation” hereafter) 17.1 the Registrar of UCL has the responsibility for dealing with disciplinary matters referred to her/him under the authority and with the powers granted to her/him in Regulations 17.1.4 and 17.1.5. Under Regulation 17.1.5 authority to refer a matter to the Discipline Committee normally rests with the Registrar. The Registrar may delegate this responsibility to the Deputy Registrar (Operations and Planning). All references to the Registrar in this Code and Procedure should be understood to include also the Deputy Registrar (Operations and Planning).

Procedure for handling complaints of misconduct

2. A complaint of misconduct laid against a student will normally be submitted to the Registrar. The Registrar may rule that the complaint should not be the subject of further action under the Disciplinary Code, but such a ruling shall not preclude informal action by way of a caution or otherwise if appropriate.

3. The Registrar shall decide whether the complaint is a matter for her/him to deal with or for referral to the Discipline Committee. The Registrar may take action on a disciplinary complaint if in her/his view the misconduct is not of a serious nature and may do so without reference to the person submitting the complaint.

4. The Registrar may impose penalties up to and including any one or more of the following:

(a) an oral reprimand recorded by the Registrar;
(b) a written reprimand recorded by the Registrar;
(c) a written reprimand recorded on the student's UCL file and copied to the Head of the student's Department;
(d) payment of compensation for damages to person or property;
(e) a fine of up to £300;
(f) an order of service to UCL for a specified period, eg weeding the gravel, clearing up litter, shelving books in the Library, photocopying for departments, etc, to be carried out when there are no scheduled academic classes;
(g) requiring a student to enter into a ‘Good Behaviour' agreement;
(h) exclusion from a part or parts of UCL for a specified period provided that such exclusion does not directly interfere with the student's academic work;
(i) imposing conditions on a student's access to UCL facilities where the student has been convicted of a serious criminal conviction and where such conditions are deemed necessary for the safety and security of members of UCL provided that such conditions do not directly interfere with the student's academic work.

5. The Registrar may delegate to Wardens of UCL houses/halls of residence power to deal with disciplinary matters within their house/hall of residence and to impose penalties up to and including any one or more of the following:

(a) an oral or written reprimand administered by the Warden;
(b) a written reprimand administered by the Warden and copied to the Registrar;
(c) an order for service for a specified period to the house or hall or residence to be scheduled outside teaching time;
(d) an order for payment of compensation for damage to property;
(e) withdrawal of house/hall of residence privileges eg no guests allowed, exclusion from bars;
(f) a fine of up to £100;
(g) a recommendation to the Registrar that residence in UCL accommodation in future years be denied;
(h) a recommendation to the Registrar that the student's misconduct be referred to the Discipline Committee and/or that UCL takes proceedings through the courts for eviction.

6. In dealing with an allegation of misconduct in a UCL house/hall of residence, a Warden shall hold an interview with the student against whom the allegation is made and shall invite the student to be accompanied to the interview by a "friend" who shall be a member of UCL. The Warden will inform the student that he/she may appeal to the Registrar against any penalty imposed by the Warden on the grounds laid down in paragraph 9. of this procedure.

7. In the case where the Registrar decides there are grounds for eviction from a UCL student residence he/she will request that the Director of Student Accommodation initiate court proceedings and will inform the student that the matter has been referred to the Director of Student Accommodation. The case may also be referred to the Discipline Committee.

8. When a complaint of misconduct has been laid, unless the complaint is immediately dismissed, the Registrar will hold a preliminary interview with the student concerned before deciding whether and, if so, how to proceed. In summoning a student for interview regarding an alleged disciplinary offence and in ordering a penalty, the Registrar shall invite the student against whom the allegation is made or upon whom the penalty is imposed to be accompanied by a "friend" who shall be a member of UCL or by a representative of UCL Union. Failure to attend without good cause will itself be a disciplinary offence.

9. A student upon whom the Registrar has imposed a penalty for misconduct under the Disciplinary Code and Procedure may appeal against that decision only on one or more of the following grounds:

(1) The Registrar's action was ultra vires because the misconduct for which the penalty was imposed was outside the scope of the Disciplinary Code;
(2) New evidence has become available which was not available at the time when the Registrar considered the case;
(3) The penalty imposed was excessive;
(4) The penalty was not one prescribed in the Disciplinary Procedure.

10. Appeals under the provisions of paragraph 9. shall be heard by the Discipline Committee, which may be convened to comprise only its quorum ie including the Chair or Vice-Chair, at least one student member and one member who is not a member of staff or a student of UCL.

11. A student wishing to appeal against the decision of the Registrar in relation to a penalty for a disciplinary offence shall write to the Provost giving the grounds for the appeal not more than one week from the date of receipt of the letter from the Registrar imposing the penalty. The Discipline Committee will normally consider appeals under these provisions by a review of the relevant paperwork.

12. A student upon whom a Warden of a Hall/House of Residence imposes a penalty for misconduct may appeal on the same grounds (see paragraph 9.) as those prescribed for appeals against decisions by the Registrar, giving the grounds for the appeal not more than one week from the date of receipt of the letter from the Warden (N.B. In some cases the letter may be issued on behalf of the Warden by the Residence Manager.) The appeal will normally be considered by the Registrar by a review of the relevant paperwork.

13. The Registrar, after consultation with the Provost and the appropriate student sabbatical officers of the UCL Union, shall also have the power to exclude a student from UCL or its precincts or other buildings or premises owned or occupied by UCL until a meeting of the Discipline Committee or until four weeks have elapsed, whichever is the sooner. During this period the student in question may be permitted by the Registrar to enter UCL at stated times for the purpose of preparing her/his defence.

Misconduct that is also a criminal offence

14. The following procedures shall apply where the alleged misconduct would also constitute an offence under the criminal law if proved in a court of law:

(1) Where the offence under the criminal law is considered to be not serious, action under the Disciplinary Code and Procedure may continue, but such action may be deferred pending any police investigation or prosecution.
(2) In the case of all other offences under the criminal law, no action (other than suspension or exclusion pursuant to paragraph 13. above) may be taken under this Code and Procedure unless the matter has been reported to the police and either prosecuted or a decision not to prosecute has been taken, at which time the Registrar may decide whether disciplinary action under this Code and Procedure should continue or be taken.
(3) Where a finding of misconduct is made and the student has also been sentenced by a criminal court in respect of the same facts, the court's penalty shall be taken into consideration in determining the penalty under this Code and Procedure.

Suspension and exclusion pending a hearing

15. A student who is the subject of a complaint of misconduct or against whom a criminal charge is pending or who is the subject of police investigation may be suspended or excluded by the Provost, normally on the recommendation of the Registrar, pending the disciplinary hearing or the trial in accordance with Statute 11(3) and 11(4). No student shall be suspended or excluded unless he/she has been given an opportunity to make a representation to the Registrar. In the event of the Registrar making a recommendation to the Provost for the suspension or exclusion of the student, the student may make representation in writing to the Provost.

16. If the Provost delegates his/her power, under paragraph 23. below, a full report shall be made to the Provost of any suspension or exclusion under this section.

17. ‘Suspension’ and ‘exclusion’ in the context of this Code and Procedure are defined, respectively, as follows:

(a) Suspension may involve a total prohibition on attendance at or access to UCL and on any participation in UCL activities, but may be subject to qualification, such as permission to attend for the purpose of an examination.
(b) Exclusion may involve selective restriction on attendance at or access to UCL or prohibition on exercising the functions or duties of any office or committee membership in UCL, the exact detail to be specified in writing.

18. Suspension will normally be used only where exclusion from specified activities or facilities would be inadequate.

19. An order of suspension or exclusion may include a requirement that the student should have no contact of any kind with a named person or persons.

20. Suspension or exclusion pending a hearing shall not be used as a penalty. The power to suspend or exclude under this provision is to protect the members of the UCL community in general or a particular member or members of the UCL community in particular and the power shall be used only where the Provost or his/her nominee is of the opinion that it is urgent and necessary to take such action. Written reasons for the decision shall be recorded and made available to the student.

21. In cases of great urgency, the Provost shall be empowered to suspend a student with immediate effect. In this event the student may make representation in writing to the Provost within ten days of the date of notification of the Provost's decision to suspend the student.

22. The Provost or the person who took the original decision shall review the suspension or exclusion every four weeks in the light of any developments or representations made by the student or anyone else on her/his behalf and shall report the suspension to the next meetings of Academic Board and Council

Delegation by the Provost

23. In accordance with Statute 11(5), the Provost may delegate her/his powers under this Code and Procedure to a Vice-Provost either generally or in respect of a particular case.

Discipline Committee

24. The constitution of the Discipline Committee shall be:

(1) a Chair, who shall normally be a member of staff of the Faculty of Laws, to be appointed by Council on the nomination of the Provost; the Chair so appointed shall hold office for three years and shall be eligible for re-appointment;
(2) one student, registered at UCL, nominated by UCL Union as and when the Committee needs to be convened;
(3) one member of the academic staff of UCL to be appointed as and when the Committee needs to be convened by the Provost in consultation with the Chair of the Committee from a panel of UCL staff appointed by the Faculties, normally two from each Faculty;
(4) one person, not being a member of staff or student of UCL, to be appointed as and when the Committee needs to be convened by the Provost in consultation with the Chair of the Committee from among a panel of nominees approved by Council.

25. The Secretary of the Discipline Committee will normally be a member of staff of UCL Student and Registry Services, nominated by the Director of Academic Services.

26. There shall be a Vice-Chair appointed by Council on the nomination of the Provost, who shall be a member of the academic staff of UCL normally from a Faculty other than the Faculty of Laws. The Vice-Chair shall chair the Discipline Committee in a case where, in the opinion of the Provost, it would be inappropriate or impossible for the Chair to act in that capacity, but will not otherwise attend a meeting of the Discipline Committee. The Vice-Chair shall hold office for three years and shall be eligible for re-appointment.

27. In the event of a member of the Discipline Committee being absent or unable to act or relinquishing her/his membership for the duration of a case, under paragraph 28 below, or, in the event of a casual vacancy, the following procedure will apply in respect of the constitution set out in paragraph 24 above:

(1) the Provost, under authority delegated from the Chair of Council, will appoint a Chair who shall normally be a member of the academic staff of the UCL Faculty of Laws;
(2) the Education and Campaigns Officer of the UCL Union, or, in her/his absence, another UCL Union Sabbatical Officer, nominated by the Education and Campaigns Officer, shall nominate a student registered at UCL;
(3) the Provost, in consultation with the Chair of the Committee, shall appoint a member of the academic staff of UCL from the panel appointed by the Faculties;
(4) the Provost , in consultation with the Chair of the Committee, shall appoint a member from the panel of nominees approved by Council.

28. A member of the Discipline Committee required to give evidence in a case shall relinquish her/his membership of the Committee for the duration of that case.

29. No member of the Discipline Review Body (see paragraph 62 etc below) shall have been a member of the Discipline Committee whose decision the Discipline Review Body is reviewing.

Procedure for a meeting of the Discipline Committee

30. In referring a matter to the Discipline Committee, the Registrar shall immediately inform the Chair of the Committee and the Secretary of the Committee. Similarly, in referring an appeal against a decision of the Registrar to the Discipline Committee, the Secretary shall immediately inform the Chair of the Committee and the Registrar.

31.The Registrar will act as the UCL Representative for the presentation of the case at any hearing before the Committee.

32. The Secretary of the Discipline Committee shall consult with the UCL Representative for the purpose of settling the particulars of the alleged offences and shall write formally to the student against whom the complaint is made (‘the Student’ hereafter) (a) to inform her/him that the matter is being referred to the Discipline Committee, (b) to supply details of the alleged disciplinary offence, specifying what particulars it is alleged constitute a breach of the disciplinary regulations, and (c) to supply a copy of the Disciplinary Code and Procedure.

33. The Student is expected to enlist the help of a 'friend' (hereafter ‘the Student's Representative’) to present her/his case. The Student’s Representative shall normally be a member of academic staff of the UCL Faculty of Laws who has agreed to be available to act in that capacity, and the student shall inform the Secretary of the Committee of the identity of the Student’s Representative as soon as he/she has agreed to act in this capacity at the hearing. If the Student chooses not to be represented, he/she is required to notify the Secretary of the Discipline Committee of this in writing.

34. Any documentation submitted by the Student in response to the notification of the alleged offence will be made available to the members of the Discipline Committee, the UCL Representative and the Student's Representative and submission of such documentation will be taken to indicate consent to this disclosure.

35. The Secretary of the Discipline Committee shall fix a time and place for the meeting of the Committee and shall inform in writing, and giving fourteen days’ notice of a meeting of the Committee, to the members of the Committee, the UCL Representative, the Student, and the Student's Representative.

36. The Student receiving such a written notice shall attend at the time and place appointed for the hearing for the purpose of answering the complaint and, if he/she fails to attend, the Committee may proceed with the hearing, and determine the complaint and deal with the matter in her/his absence.

37. Students and staff involved as witnesses in a hearing of the Discipline Committee will be expected to make a formal written statement if so requested by the Secretary of the Committee. Failure to provide relevant information or to assist any officer of UCL in ascertaining whether a disciplinary offence has been committed may itself constitute a disciplinary offence.

38. The members of the Committee, the UCL Representative, the Student and the Student's Representative shall be sent a formal statement of the alleged offence(s) by the Secretary of the Committee. Any papers submitted in evidence, together with a copy of this Code and Procedure and any other documentation deemed relevant to consideration of the matter, shall be sent to members of the Committee, the UCL Representative, the Student and the Student's Representative.

39. The Secretary of the Discipline Committee will make the arrangements for the summoning of witnesses and will obtain from the Faculty of the Student concerned a statement of the Faculty's view of the case, if appropriate, and of the Student's academic standing. A witness from the Faculty may be called for this purpose.

40. Staff and student witnesses from UCL will be expected to attend a meeting of the Discipline Committee when required, unless the reasons for non-attendance are accepted by the Chair. While it is recognised that witnesses external to UCL cannot be compelled to attend a Discipline Committee meeting to give evidence, every effort will be made to obtain either the attendance of or written statements from such persons where they are material witnesses.

41. A UCL witness who is unwilling to attend a meeting of the Discipline Committee will be required to give her/his reasons to the Chair. The Chair may either accept these reasons or require the witness to attend the meeting. If the witness refuses to attend after being required to do so by the Chair, the Chair will refer the matter to the Provost for consideration of whether disciplinary action should be taken against the UCL student or UCL member of staff concerned who has failed to comply with the requirement to attend the meeting of the Discipline Committee.

42. The Student, the Student's Representative, the UCL Representative and the members of the Discipline Committee shall be informed of their right to cross-examine the witnesses.

43. The Student shall have the right to be present throughout the hearing, except when the Discipline Committee considers its decision on the case. No persons other than the participants in the hearing will be allowed to be present without the express permission of the Chair of the Committee.

44. Rooms will be made available for the UCL Representative and for the Student and the Student's Representative to which they may withdraw for privacy. Suitable arrangements will also be made for the witnesses. Procedure at a meeting of the Discipline Committee

45. The procedure at a meeting of the Discipline Committee shall be governed by such rules as may be approved from time to time by the Council. Any questions of procedure not provided for by these rules shall be determined by the Chair of the Discipline Committee in such manner as he/she shall think just.

46. The Discipline Committee may, if it thinks fit, hear and determine in the same proceedings (a) a complaint against two or more students jointly, (b) separate complaints against two or more students, or (c) two or more complaints against the same student and may postpone its decision on every complaint or complaints so heard in the same proceedings until the hearing of all complaints in those proceedings has been completed. All references in the following to student in the singular shall be understood to mean the student or, where appropriate, students concerned.

47. The proceedings of the Discipline Committee will normally be recorded in full on tape or electronically except when the Committee withdraws for private discussions (see paragraph 56 below).

48. The quorum for a meeting of the Discipline Committee shall be five, including the Chair or Vice-Chair. If a meeting at which a complaint has been partly heard is adjourned, only those members who have been present at that meeting shall continue the hearing of that complaint when it is resumed.

49. At the opening of a hearing by the Discipline Committee, the UCL Representative appointed to present the complaint shall state the complaint and the general nature of the evidence which supports it.

50. The Chair shall then ask the Student whether he/she admits the matter complained of. If he/she admits it, the Student or the Student's Representative may address the Discipline Committee by way of plea in mitigation.

51. If the Student does not admit the matter complained of, the UCL Representative may call witnesses for the purpose of establishing the complaint.

52. After the submission of evidence by the UCL Representative, the Student or the Student's Representative may submit that the complaint is not made out.

53. If there is no such submission or the Chair rules against it, the Student or the Student's Representative may then call witnesses for the purpose of rebutting the evidence given in support of the complaint.

54. Apart from points of clarification, the Chair or any member of the Discipline Committee or the UCL Representative or the Student or the Student's Representative may ask questions of any witnesses and inspect any document submitted only after the evidence in chief has been given.

55. After all witnesses have been questioned and documents produced by both parties, the Student or the Student's Representative may address the Discipline Committee on the question of whether the complaint is established and, after he/she has done so, the UCL Representative may then address the Discipline Committee on that question.

56. The Discipline Committee may at their discretion at any time during the hearing order the room to be vacated or may themselves retire to another room for private discussion. The Committee's discussion during such withdrawal will not be recorded.

57. At the conclusion of the hearing the Committee shall determine the matter before it. The Committee may either dismiss the complaint on the ground that no disciplinary offence has been made out or may find on the evidence that a disciplinary offence has been committed. If the Discipline Committee so finds that a disciplinary offence has been committed, it shall have the power to impose one or more of the following penalties: (i) a reprimand to be administered by the Discipline Committee and conveyed to and recorded by the Head of the Student's Department;

(ii) a fine not exceeding £600;

(iii) an order of service to UCL to be determined by the Discipline Committee;

(iv) exclusion, for such period or periods and subject to such conditions as the Committee shall think fit, from UCL or its precincts or other buildings or premises owned or occupied by UCL;

(v) exclusion from membership of UCL and permanent exclusion from UCL or its precincts or other buildings or premises owned or occupied by UCL;

(vi) payment of compensation for any damage to person or property which the Committee may find to have been occasioned by or in the course of the disciplinary offence;

(vii) requirement that a student agree to specific conditions, determined by the Committee, to be necessary for their continued progress on their programme of study at UCL.

58. In determining an appeal against a decision of the Registrar (see paragraph 9) the Discipline Committee may amend or dismiss the penalty imposed by the Registrar.

59. The Discipline Committee shall not find that a complaint against a student is established unless a majority of the members present and voting so hold. If there shall be an equality of votes, the matter shall be decided in favour of the Student. If the Discipline Committee shall find the complaint to be substantiated, the penalty to be imposed shall be determined by a majority vote. If there shall be an equality of votes, the Chair shall have a casting vote.

60. The decision of the Committee shall normally be communicated orally by the Chair to the Student immediately at the conclusion of the hearing. The decision of the Committee shall thereafter be communicated in writing to the Student, as expeditiously as possible and in any case not less than three working days after the date of the hearing.

61. The implementation and consequences of a Discipline Committee hearing for the Student shall be monitored by the Registrar in consultation with whomever the Registrar considers appropriate.

Discipline Review Body

62. UCL Statute 13(3) provides as follows:

‘There shall be a Discipline Review Body to which an appeal shall lie in cases where the punishment imposed by the College is expulsion from the College and its precincts and other buildings and premises owned or occupied by the College, or temporary exclusion for more than four weeks.’

Appeals against other penalties imposed by the Discipline Committee may also be made to the Discipline Review Body.’

63. An appeal to the Discipline Review Body must be received by the Secretary to the Discipline Review Body within twenty-eight days of the date of notification of the written communication of the decision of the Discipline Committee to the Student concerned. 64. The constitution of the Discipline Review Body shall be as follows:

(i) a Chair, who shall be a member of the legal profession, not being a member of the UCL Council or of the UCL staff, who shall be appointed by the Council for a three-year term and shall be eligible for re-appointment;

(ii) one person, not being a member of the UCL Council, UCL staff or a student, to be appointed by the Chair as and when the Review Body needs to be convened, from among a panel of nominees approved by Council;

(iii) a registered student of another university institution, normally from within the University of London, to be appointed by the Chair in consultation with the Provost, as and when the Review Body needs to be convened.

65. The Secretary of the Discipline Review Body will be an appropriate officer nominated by the Director of Academic Services. Such officer shall not have acted as Secretary to the Discipline Committee in the case concerned.

66. In the event of a member of the Discipline Review Body being absent or unable to act or relinquishing her/his membership for the duration of a case under paragraph 67 below, or in the event of a casual vacancy, the Provost acting on behalf of the Council shall fill the place of any person who became a member by virtue of paragraphs 64(i) or 64(ii) above by appointing a person eligible under the membership criteria specified therein.

67. A member of the Discipline Review Body required to give evidence in a case before the Discipline Review Body shall relinquish her/his membership of the Review Body for the duration of that case.

68. Fourteen days' notice of a meeting of the Discipline Review Body shall be given by the Secretary of the Discipline Review Body to the appellant student and to all members of the Discipline Review Body.

69. The quorum for a meeting of the Discipline Review Body shall be three.

Procedure for a meeting of the Discipline Review Body

70. At any hearing before the Discipline Review Body, the student whose case is being considered (‘the Appellant Student’ hereafter) shall be entitled to be present throughout the hearing, except when the Review Body considers its decision on the appeal, and shall be entitled to present her/his case personally either alone or with the assistance of a ‘friend’ of her/his choice. The ‘friend’ (‘the Appellant’s Representative’ hereafter) shall be a member of UCL.

71. At any hearing before the Discipline Review Body, the case for upholding the findings and decision of the Discipline Committee shall be presented by the UCL Representative. If the Registrar acted as UCL Representative at the Discipline Committee hearing the case for upholding the findings and decision of the Discipline Committee shall be presented by the Deputy Registrar (Operations and Planning. If the Deputy Registrar (Operations and Planning) acted as UCL Representative at the Discipline Committee hearing the case for upholding the findings and decision of the Discipline Committee shall be presented by the Registrar. If the student's appeal relates only to the nature of the penalty imposed by the Discipline Committee, UCL will normally be represented by the same UCL Representative who presented the case at the Discipline Committee hearing.

72. The proceedings before the Discipline Review Body shall be by way of reconsideration of the findings of the Discipline Committee so far as may be necessary for the purposes of the appeal. Such reconsideration shall be based upon the following documents to be supplied by the Secretary of the Discipline Committee, that is to say:

(i) a note of evidence taken before the Discipline Committee;

(ii) any documents submitted to the Discipline Committee as documentary evidence;

(iii) a note of the submissions made by or on behalf of each party;

(iv) a note of the findings and decision of the Discipline Committee.

73. Neither party shall be entitled to submit fresh evidence to the Discipline Review Body except to establish matters of fact. Where such new evidence has become available since the hearing before the Discipline Committee, the Discipline Review Body may receive such evidence if it is satisfied that there is reasonable explanation for the failure to advance such evidence before the Discipline Committee. If such new evidence is admitted, it shall be treated in the same procedural manner as evidence presented to the Discipline Committee and the Discipline Review Body may call witnesses in relation to that new evidence. The Discipline Review Body may also call the Chair of the Discipline Committee as a witness. The UCL Representative and the Appellant's Representative presenting the case to the Discipline Review Body shall be notified in advance of the hearing of any new evidence and witnesses to be called.

74. The Appellant Student may apply to the Secretary of the Discipline Committee for copies of the above-mentioned documents which shall be made available for collection by the Appellant Student not less than four working days before the date fixed for the hearing of the appeal before the Discipline Review Body. The Secretary of the Discipline Review Body shall also send or cause to be sent copies of the above-mentioned documents to each of the members of the Discipline Review Body not later than seven working days before the date fixed for the hearing of the appeal.

75. The Discipline Review Body may allow the appeal wholly or in part or substitute its own findings and impose one or more of the penalties mentioned in paragraph 57 (including the payment of compensation for damage to person or property) as the Discipline Review Body shall think just. Except insofar as the Discipline Review Body shall allow the appeal wholly or in part or shall substitute its own findings or vary the penalty or penalties imposed by the Discipline Committee, the decision of the Discipline Committee shall stand.

Procedure at a meeting of the Discipline Review Body

76. The procedure at a meeting of the Discipline Review Body shall be determined by the Chair of the Discipline Review Body as the case may be in such manner as he/she shall think just.

77. The Discipline Review Body may, if it thinks fit, hear and determine in the same proceedings appeals by two or more students jointly or in relation to any separate complaints against two or more students or to two or more complaints against the same student and may postpone its decision on every such appeal until the hearing of all other appeals heard in the same proceedings has been completed. All references in the following to student in the singular shall be understood to mean either the student or, where appropriate, students concerned.

78. Once the Discipline Review Body is in session, the Chair shall cause the following three persons to be admitted to the meeting:

  • the Appellant Student;
  • the Appellant’s Representative;
  • the UCL Representative.

79. The Chair shall then introduce herself/himself, the other members of the Discipline Review Body and the aforementioned three persons.

80. The Chair shall then ask each member of the Discipline Review Body to confirm that he/she has received copies of the documents on which the Review Body is to base its reconsideration of the Appellant Student's case.

81. The Chair shall then ask the Appellant Student to confirm that he/she has received copies of the documents on which the Discipline Review Body is to base its reconsideration of the Appellant Student's case.

82. The Chair will then summarise the procedure for the meeting, as set out in the following paragraphs 83. to 91.

83. The Chair shall then invite the Appellant Student to summarise the grounds for her/his appeal against the findings and decision of the Discipline Committee. In summarising the grounds for her/his appeal, the Appellant Student shall be entitled to ask the Appellant’s Representative to speak on the student's behalf.

84. The Chair shall then invite a statement of the case for upholding the findings and decision of the Discipline Committee from the UCL Representative.

85. Both parties having stated their case, the Chair and other members of the Discipline Review Body may ask of the Appellant Student and/or the Appellant’s Representative and/or the UCL Representative any such questions as the Chair deems it appropriate to ask.

86. The Chair and other members of the Discipline Review Body having completed their questioning, the Chair shall ask the Appellant Student, the Appellant's Representative and the UCL Representative to withdraw from the meeting, pending the Discipline Review Body's discussion of the appeal.

87. The Discipline Review Body shall reach decisions by a simple majority.

88. The Discipline Review Body, having completed its discussion of the appeal and having reached a decision on the matter, the Chair shall cause the Appellant Student, the Appellant’s Representative and the UCL Representative to be recalled to the meeting.

89. The Chair shall then announce the decision of the Discipline Review Body to the Appellant Student, the Appellant's Representative and the UCL Representative.

90. The Chair will then ask the aforementioned three persons again to withdraw from the meeting.

91. The Chair shall then declare the meeting of the Discipline Review Body closed. The Secretary to the Disciplinary Review Body will issue to the Appellant Student a Completion of Procedures letter within ten working days of the date of the meeting of the Disciplinary Review Body.

Complaint to the Office of the Independent Adjudicator (OIA)

92. Should the student concerned decide to make a complaint to the OIA, the OIA Complaint Form must be received by the OIA within three months of the date of the Completion of Procedures Letter issued by UCL.

93. The OIA’s leaflet, An Introduction to the OIA for Students can be downloaded from http://www.oiahe.org.uk/media/34396/oia_intro_leaflet.pdf and a link to the OIA Complaint Form is available on page 8. Alternatively, a student can telephone or write to the OIA for a form.  Guidance on submitting a complaint to the OIA and the OIA Complaint Form can also be found on the OIA’s website http://www.oiahe.org.uk/making-a-complaint-to-the-oia.aspx. A student may also wish to seek advice from the Students’ Union about taking their complaint to the OIA.

October 2013


1 The former Committee of Vice-Chancellors and Principals, now Universities UK.