UCL Academic Manual

Disciplinary Code and Procedure in Respect of Students

contact: Andy Saffery, Assistant Director (Operations and Planning), Registry and Academic Services

Procedure

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) 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.

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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

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

8. 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 shall include 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) 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) 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 17.1 the Dean of Students (Welfare) 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 Dean of Students (Welfare).

Procedure for handling complaints of misconduct

2. A complaint of misconduct laid against a student will normally be submitted to the Dean of Students (Welfare). The Dean of Students (Welfare) 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 Dean of Students (Welfare) shall decide whether the complaint is a matter for him/her to deal with or for referral to the Discipline Committee. The Dean of Students (Welfare) 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 Dean of Students (Welfare) may impose penalties up to and including any one or more of the following:

(a)	an oral reprimand recorded by the Dean of Students (Welfare);
(b)	a written reprimand recorded by the Dean of Students (Welfare);
(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, e.g. 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)	require 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)	impose 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 Dean of Students (Welfare) 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 Dean of Students (Welfare);
(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 e.g. no guests allowed, exclusion from bars;
(f)	a fine of up to £100;
(g)	a recommendation to the Dean of Students (Welfare) that residence in UCL accommodation in future years be denied;
(h)	a recommendation to the Dean of Students (Welfare) 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 Dean of Students (Welfare) against any penalty imposed by the Warden on the grounds laid down in paragraph 9. of this procedure

7. In the case where the Dean of Students (Welfare) decides there are grounds for eviction from a UCL Student Residence he/she will initiate court proceedings and inform the student. 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 Dean of Students (Welfare) will hold a preliminary interview with the student concerned before deciding whether to proceed and, if so, how. In summoning a student for interview regarding an alleged disciplinary offence and in ordering a penalty the Dean of Students (Welfare) 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 Dean of Students (Welfare) 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 Dean'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 Dean of Students (Welfare) 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 constituted to comprise only its quorum 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 Dean of Students (Welfare) in relation to a penalty for a disciplinary offence shall write to the Director of Registry and Academic Services giving the grounds for the appeal not more than one week from the date of receipt of the letter from the Dean of Students (Welfare) 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 Dean of Students (Welfare). The appeal will be heard by the Dean of Students (Welfare). A student appealing against a decision of a Warden shall do so in writing giving the grounds for the appeal, not more than seven days from the date of receipt of the written notice from the Warden or Manager imposing the penalty.

13. The Dean of Students (Welfare), after consultation with the Provost and the Medical Students' and Sites Officer of the Students' 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 Dean of Students (Welfare) to enter UCL at stated times for the purpose of preparing his/her 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 Dean of Students (Welfare) 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 Dean of Students (Welfare), 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 Dean of Students (Welfare). In the event of the Dean 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.

(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 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 receipt 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 his/her 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 his/her 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 Director of Registry and Academic Services in consultation with the Chair of the Committee from a panel of UCL staff appointed by the Faculties, normally two from each Faculty;
(4)	two persons, one of whom will normally be a student, not being members of staff or students of UCL, to be appointed as and when the Committee needs to be convened by the Director of Registry and Academic Services in consultation with the Chair from among a panel of nominees approved by Council.

25. The Secretary of the Discipline Committee will normally be the Director of Registry and Academic Services or an appropriate officer nominated by him/her.

26. There shall be a Vice-Chair appointed by Council on the nomination of the Provost, who shall be a member of staff 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 his/her membership for the duration of a case, under paragraph 22 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 shall appoint a Chair under authority delegated from the Chair of Council, who shall normally be a member of staff of the UCL Faculty of Laws;
(2)	the Education and Campaigns Officer, or in his/her absence a UCL Union Sabbatical Officer, nominated by him/her, shall nominate a student registered at UCL;
(3)	The Director of Registry and Academic Services, 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 Director of Registry and Academic Services, 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 his/her membership of the Committee for the duration of that case.

29. No member of the Discipline Review Body (see paragraph 63. 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 Dean of Students (Welfare) shall immediately inform the Chair of the Committee and the Secretary of the Committee. Similarly, in referring an appeal against a decision of the Dean of Students (Welfare) to the Discipline Committee, the Secretary shall immediately inform the Chair of the Committee and the Dean of Students (Welfare). The Secretary will arrange for a member of staff to be appointed by the Provost as the UCL Representative for the presentation of the case at any hearing before the Committee, the Representative normally to be appointed from among a panel of members of staff of the UCL Faculty of Laws who have agreed to be available to act in that capacity.

31. 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 involved (a) to inform him/her 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 (d) to supply a copy of the disciplinary code and procedure.

32. 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.

33. The student is expected to enlist the help of a 'friend' (hereinafter called the Student's Representative), to present his/her case, who shall normally be a member 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 "friend" 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. The Secretary of the Discipline Committee shall fix a time and place for the meeting of the Committee and shall inform in writing the other members of the Committee, the UCL Representative, the student against whom the complaint is made, and the Student's Representative.

35. 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 his/her absence.

36. 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.

37. The members of the Committee, the UCL Representative, the Student and the Student's Representative shall be sent a formal statement of the offence(s) by the Secretary of the Committee. Any papers submitted in evidence, together with a copy of these rules of procedure and any other documentation, shall be sent to members of the Committee, the UCL Representative, the Student and the Student's Representative.

38. The Dean of Students (Welfare) shall not normally attend a meeting of the Discipline Committee. The Dean may, however, be called as a witness at a meeting of the Discipline Committee.

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 his/her reasons to the Chair. The Chair may 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 Dean of Students (Welfare) for disciplinary action in the case of a student, or to the Provost in the case of a member of staff.

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 or 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.

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 against whom the complaint is made 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) community 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 the UCL or its precincts or other buildings or premises owned or occupied by UCL;

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

(vii) require a student to 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 Dean of Students (Welfare) (see paragraph 9.) the Discipline Committee may amend or dismiss the penalty imposed by the Dean.

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 by the Chair to the Student immediately at the conclusion of the hearing.

61. The implementation and consequences of a Discipline Committee hearing for the Student or Students involved shall be monitored by the Dean of Students (Welfare) in consultation with whomever the Dean considers appropriate.

Discipline Review Body

62. Statute 13 of the UCL Statutes 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 Director of Registry and Academic Services within twenty-eight days of the date of receipt of the written communication of the decision of the Discipline Committee to the Student or Students 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 annually by the Council 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 Director of Registry and Academic Services of UCL, 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 Registry and 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 his membership for the duration of a case under paragraph 64. 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 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 that 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 shall be entitled to be present throughout the hearing, except when the Review Body considers its decision on the appeal, and to present his/her case personally either alone or with the assistance of a friend of his/her choice who shall be a registered student of UCL or a member of the staff of UCL, or, if he/she so wishes, he/she may be represented by a solicitor whom he/she may pay for his/her services.

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 a person who is either a member of the staff of UCL or a solicitor who, in either case, shall be appointed for the purpose by the Provost, after consultation with the Director of Registry and Academic Services. 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 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 Representative and the Student'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 clear days before the date fixed for the hearing of the appeal before the Discipline Review Body. The Secretary of the Discipline Committee 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 clear 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 governed by such rules as may be approved from time to time by the Council. Any questions of procedure not provided for by those rules shall be determined by the Chair of the Discipline Review Body as the case may be in such manner as he or she shall think just.

77. The Discipline Review Body may if it thinks fit, hear and determine in the same proceedings appeals against two or more students jointly or any separate complaints against two or more students or on 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.

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 whose case is being considered by the Discipline Review Body;
• the person who is to assist the appellant student with the presentation of his or her case;
• the person who is to present the case for upholding the findings and decision of the Discipline Committee.

79. The Chair shall then introduce himself/herself, 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 or she has received copies of the documents on which the Review Body is to base its reconsideration of the student's case.

81. The Chair shall then ask the appellant student to confirm that he or she has received copies of the documents on which the Discipline Review Body is to base its reconsideration of the 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 his or her appeal against the findings and decision of the Discipline Committee. In summarising the grounds for his or her appeal, the appellant student shall be entitled to ask the person attending to assist in the presentation of the student's case 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 person attending to present such a case.

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 his or her representative or of the person presenting the case for upholding the findings and decision of the Discipline Committee 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 student's representative and the person who has presented the case for upholding the findings and decision of the Discipline Committee to withdraw from the meeting, pending the Discipline Review Body's discussion of the student's appeal.

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

88. The Discipline Review Body, having completed its discussion of the student's appeal and having reached a decision on the matter, the Chair shall cause the student, the student's representative and the person who has presented the case for upholding the findings and decision of the Discipline Committee to be recalled to the meeting.

89. The Chair shall then announce the decision of the Discipline Review Body to the student, the student's representative and the person who has presented the case for upholding the findings and decision of the Discipline Committee.

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 seven working days of the date of the meeting of the Disciplinary Review Body.

92. Should the student 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.

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 2012

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