Section 2: Disciplinary Code and Procedure in Respect of Students
Published for 2025-26
UCL’s Code of Practice on Freedom of Speech
Being a diverse community means being a place where a wide variety of conflicting opinions and ideas exist and are expressed. Free speech attracts a high level of protection in UK law, and UCL is committed to upholding all speech unless it is restricted by law. Nothing in this procedure should be taken to undermine that principle. More information can be found in UCL’s Code of Practice on Freedom of Speech.
Contents
Section 2: Jurisdiction and General Principles
Section 3: Relationship and interface with other UCL policies or procedures, and external bodies
Section 4: Definition of Misconduct
Section 5: Disciplinary Procedure
Contact: Casework Team, Student and Registry Services (casework@ucl.ac.uk)
UCL is a community and as members of this community students are expected to adhere to UCL’s rules and regulations, to show respect for persons and property, and to behave in a way that does not interfere with the normal operations of UCL. Where there is reason to believe that rules and regulations have been broken, and/or when the behaviour of a student falls below the expected standards, as outlined below, the Disciplinary Code and Procedure will be instigated.
Section 1: Disciplinary Code
1.1 The Disciplinary Code (“the Code”) is derived from UCL Statutes 13 (Jurisdiction over Students) and 11 (The Provost and Vice Provosts), setting out the jurisdiction over Students and the disciplinary powers of the Provost.
1.2 UCL Statute 13 provides as follows:
- (i) 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.
- (ii) 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 (iii).
- (iii) 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.
1.3 The Provost has the following disciplinary powers under UCL Statute 11:
- (iv) 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 their 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.
- (v) The Provost shall have power to delegate any or all of the powers conferred by (iv) of this Statute (as above) to such Officer of the College or persons or bodies as they may think fit.
Delegation by the Provost
1.4 In accordance with Statute 11(v), the Provost has delegated their powers under Statute 11(iv) to the Executive Director of Student Services & Registrar.
1.5 In accordance with Statute 11(iv) all cases of suspension and exclusion for reasons other than academic insufficiency shall be reported by the Executive Director of Student Services & Registrar to UCL’s Academic Board and Council.
Section 2: Jurisdiction and General Principles
Jurisdiction
2.1 The Disciplinary Code applies to all current registered UCL students (including undergraduates, postgraduate taught and postgraduate research), including those who have been suspended or are on an interruption from their studies.
2.2 This Code relates to matters of non-academic misconduct. Where alleged misconduct relates to academic offences, it shall be referred to the Academic Misconduct Procedure.
2.3 The jurisdiction of this Code will extend, where appropriate, beyond UCL’s precincts and will cover, for example, the conduct of registered UCL students attending another institution or a work placement or taking part in approved field trips or other authorised external activities, both in the United Kingdom or abroad.
2.4 The jurisdiction of this Code will extend, where appropriate, to any conduct by students considered to adversely affect the safety, interests, or reputation of UCL, its students, employees or authorised representatives.
2.5 Where a case has been initiated against a student under this Code and the student either applies to withdraw from their studies or is due to complete their studies soon, UCL reserves the right to terminate or continue with the disciplinary process.
General Principles
2.6 These procedures are intended to ensure that the disciplinary processes and outcomes are fair, proportionate, and reasonable for all involved and in accordance with the principles of natural justice.
2.7 UCL will make reasonable adjustments to these procedures so that participants in this process are not placed at a substantial disadvantage due to their disability or vulnerability. Those requiring reasonable adjustments are asked to inform the Casework Team of their needs at the earliest opportunity.
2.8 UCL will, wherever possible, seek to adhere to the time limits outlined in this procedure. However, in cases where there are certain circumstances which require variance from specified time limits, students will be advised of the reasons for this and kept informed by the Investigating Officer handling the case.
2.9 All parties involved in the implementation of this Code will observe the requirements for confidentiality. Whilst confidential information may need to be disclosed or shared in order to consider cases or implement outcomes, normally this will only be to directly involved or relevant staff and students. However, confidential information may be disclosed to other bodies, e.g. governmental, police or regulatory authorities, as required by law or relevant professional or statutory requirements.
2.10 The processes set out in this Code are internal processes and they do not have the same degree of formality as proceedings in a court of law. This is not a formal legal process and is not intended to reproduce elements of criminal law.
2.11 UCL does not normally permit legal representation in misconduct procedures. However, for cases that proceed to a Discipline Committee Hearing, UCL will consider requests by the student for legal representation. The decision as to whether to permit legal representation will be taken by the Executive Director of Student Services & Registrar (or nominee) on a case-by-case basis in consultation with UCL’s Legal Services and will be at UCL’s sole discretion.
2.12 Students involved in disciplinary procedures shall have the right to be accompanied to any meeting or hearing by a Supporter. A Supporter may act in the capacity as a ‘friend’ or ‘representative’ for the responding student and will normally be someone who is a UCL student or member of staff of UCL or an advisor from Students’ Union UCL but UCL has discretion to agree that a Supporter can be an individual who is not within these categories if requested. A request will usually be responded to by UCL within 3 working days. If the Supporter is acting in the role of a friend, they will usually be there to provide moral support during a meeting or hearing. If the Supporter is acting in the role of a representative, they will usually assist in effective engagement with the disciplinary procedures including the ability to confer with the student during a meeting or hearing, make representations and ask questions of the Discipline Committee, case presenters and witnesses with the permission of the Discipline Committee Chair. However, they cannot present witness evidence on behalf of any student as it is expected that the student will answer questions themselves at meetings and hearings but may confer with the Supporter before answering. The Chair of the Discipline Committee reserves the right to remove a Supporter from a hearing if they behave in a manner which is inconsistent with their role or in a manner which is unreasonable and/or potentially disruptive to the efficient and proper management of UCL’s processes.
2.13 Any student involved in this procedure who is receiving support from an Independent Sexual Violence Adviser & Support Officer shall have the right to be accompanied by them in addition to a ‘friend’ or ‘representative’.
2.14 Students will be given the opportunity to attend disciplinary hearings. This could be online or in person. UCL reserves the right, however, to proceed with any investigation or disciplinary hearing in the absence of a student, subject to the student having been properly notified of the date and time of the hearing, and where the student has not provided the Discipline Committee with any good reason, plus supporting evidence, to explain their non-attendance and/or the need for an adjournment, or in cases where criminal proceedings do not allow the student to attend in person.
2.15 UCL reserves the right not to proceed with any investigation following an allegation against the behaviour of a student if it is considered that there are insufficient grounds or evidence to do so.
2.16 During the application of this Disciplinary Code and Procedure, UCL reserves the right to adjourn any disciplinary investigation or hearing and reconvene at a later date, for example due to illness or other unforeseen circumstances.
2.17 The standard of proof to be adopted during the application of this Disciplinary Code and Procedure will be the balance of probability.
2.18 UCL has the power to impose reasonable and proportionate sanction(s) if it finds that misconduct has occurred. These will be in terms provided for in this Code and where appropriate may include a suitable ‘restorative justice’ element. Sanctions may also be reduced if appropriate mitigation is accepted.
2.19 UCL understands that reporting potential breaches can be a stressful experience for students. UCL is committed to dealing with these matters fairly and impartially and to providing a high-quality service, but UCL does not expect staff to have to tolerate behaviour which UCL considers to be unacceptable. UCL will take action to protect staff from such behaviour in accordance with Appendix 3 of the Student Complaints Procedure – Unacceptable Complainant Behaviour, and Malicious, Vexatious or Frivolous Complaints.
Section 3: Relationship and interface with other UCL policies or procedures, and external bodies
Appropriate alternative procedures & professionally regulated programmes
3.1 Where alleged misconduct relates to academic offences, it shall be referred to the Academic Misconduct Procedure.
3.2 Where alleged misconduct could be a breach of more than one Procedure or Code, UCL will, at its sole discretion, determine the most appropriate procedure to use. Where this is not clear, the matter will be determined by the Executive Director of Student Services & Registrar (or nominee).
3.3 Students registered on programmes leading to membership of a professional body must demonstrate appropriate behaviour and standards required for entry into that profession. Where a finding of misconduct has been made under this procedure, the matter may also be considered under the relevant Fitness to Practise Procedure.
3.4 Where misconduct is also to be considered under the relevant Fitness to Practise Procedure, the matter will first be considered under this Code, prior to the initiation of the Fitness to Practise Procedure. The relevant Fitness to Practise Procedures are:
3.5 Where there are concerns that a mental or physical illness or disability may have directly impacted on the behaviour and/or conduct related to the alleged misconduct, an allegation may also be referred to the Support to Study Policy for consideration as well as or instead of disciplinary action, following careful consideration by the Executive Director of Student Services & Registrar (or nominee) and Director of Student Support and Wellbeing Services (or nominee).
Criminal Proceedings
3.6 All students must inform UCL if they are arrested, investigated, charged, or convicted of a criminal offence during their period of enrolment.
3.7 Students are responsible for keeping UCL informed of progress and/or changes in status of their case in criminal investigations or court proceedings. Failure to do so may result in separate disciplinary action under this Code.
3.8 Where the student has been convicted of a criminal offence or when the criminal proceedings have ended, UCL may still take separate disciplinary action under this Code.
3.9 Where alleged misconduct may also constitute a criminal offence, UCL may:
- (i) choose to instigate or continue disciplinary action even if police or other legal authorities are unable, unwilling, or not yet able to proceed.
- (ii) suspend the disciplinary process until the criminal investigation and legal proceedings have been concluded.
- (iii) take disciplinary action before or after criminal proceedings have concluded and reserves the right to do so even when there is no further action taken by legal authorities or police.
3.10 All decisions regarding the decision to pause, continue or terminate a case that is also subject to a criminal investigation, are at the discretion of UCL.
3.11 UCL may suspend or interrupt the student’s enrolment, where criminal proceedings and/or a conviction (including bail conditions, period of time spent on remand, period of time served in custody following conviction) result in them being absent from their studies for a period not less than 1 calendar month.
3.12 It is the reporting party’s decision whether to report a matter to the police. However, UCL may decide to report without the reporting party’s consent in exceptional circumstances or if required by statutory obligation.
3.13 UCL may investigate and take disciplinary action on alleged misconduct once external proceedings have concluded regardless of the outcome. Where a student is convicted, or cautioned for an offence, this may be relied upon as evidence in any UCL proceedings, provided that the circumstances leading to said conviction or caution are relevant to those proceedings. Any sentence or order produced by a court may be taken into account in the imposition of any disciplinary penalty.
Accommodation
3.14 Students living in UCL accommodation or UCL-affiliated accommodation are bound to the Accommodation General Regulations, Licence Agreement and the UCL Accommodation Promise.
3.15 Cases regarding minor breaches of the Code in accommodation may be dealt with by UCL Accommodation Wardens or UCL managed Accommodation Wardens or the Casework Team, or in conjunction, at UCL’s discretion. For this, the Executive Director of Student Services & Registrar delegates authority for discipline to the Accommodation Teams.
3.16 UCL Accommodation Wardens may impose penalties up to and including any one or more of the following:
- (i) an oral or written reprimand;
- (ii) an order for payment or compensation for damage to property;
- (iii) withdrawal of house/hall of residence privileges e.g. no guests allowed, exclusion from bars;
- (iv) a recommendation to the Executive Director of Student Services & Registrar that residence in UCL accommodation in future years be denied;
- (v) a recommendation to the Executive Director of Student Services & Registrar that the student’s misconduct be referred to the Discipline Committee and/or that UCL takes proceedings through the courts for eviction.
3.17 Precautionary Measures or penalties as a result of an investigation under this Code may lead to a student’s right to live in or access specific/any of UCL’s accommodation buildings being restricted on a temporary or permanent basis.
UCL Library Services
3.18 Breaches of the Library Regulations can be dealt with by The Pro-Vice-Provost (UCL LCCOS - Library, Culture, Collections, Open Science & Scholarship) (or nominee) For this, the Executive Director of Student Services & Registrar delegates authority to UCL Library Services. A report may be made to the Casework Team for investigation and/or the imposition of (further) penalties under this Code where there are serious or persistent breaches, or a failure to comply with the terms of a penalty implemented by library staff.
Students’ Union
3.19 UCL may be made aware of disciplinary matters that occur as part of Students’ Union activities or are related to Students’ Union business or relate to students who are part of the societies and teams, or on its premises when engaging in alleged misconduct. In those cases, the Students’ Union and UCL will make a joint decision on who is best placed to carry out an investigation. UCL will seek permission from the reporting party to share any report or evidence with the Students’ Union before doing so.
3.20 As per its byelaws, the Students’ Union may also refer a case to UCL as an outcome of their investigation. UCL may decide to carry out further investigations and/or apply penalties, at its discretion, under this Code as appropriate.
3.21 UCL cannot apply penalties or Precautionary Measures that relate to teams, societies or premises that fall under the Students’ Union’s remit; however, UCL will recommend discretionary actions to the Students’ Union where appropriate.
3.22 Where a case has been investigated by the Students’ Union, and it is not deemed necessary by either Students’ Union or UCL to instigate further disciplinary proceedings under this Code, neither the reporting nor reported party can appeal this decision.
Section 4: Definition of Misconduct
4.1 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, but not limited to, the following:
- (1) disruption or improper interference with the academic, administrative, sporting, social, cultural or other activities of UCL.
- (2) violent, indecent, disorderly, or threatening behaviour towards or affecting members of the UCL community or its visitors.
- (3) fraud, deceit, deception or dishonesty in relation to UCL or its staff, students, visitors or procedures.
- (4) actions that present a risk to the health and safety of members of the UCL community.
- (5) breaches or failure to follow UCL regulations and procedures.
- (6) breach of UCL’s Code of Practice on Freedom of Speech.
- (7) any act which damages UCL’s reputation.
- (8) failure to declare a criminal conviction.
- (9) providing false or misleading information to or withholding information or evidence from a member of staff of UCL, when this is requested in circumstances where it is reasonable to provide this.
- (10) failure to comply with reasonable requests from staff.
- (11) failure to comply with a penalty previously imposed under this Code.
- (12) vexatious, reckless, or malicious allegations, complaints, or reports against members of UCL.
- (13) coercing, pressuring, or forcing others to take part in any ceremonies or activities that could be demeaning or dangerous.
- (14) bullying, harassment or discrimination against another member of the UCL community, as defined in UCL’s Prevention of Bullying, Harassment and Sexual Misconduct Policy.
- (15) victimisation of anyone who has raised a complaint or exercised any other right under a UCL procedure or have been involved in such a procedure.
- (16) physical, written or verbal abuse or intimidation against another person.
- (17) sexual harassment and/or sexual misconduct (as defined in UCL’s Prevention of Bullying, Harassment and Sexual Misconduct Policy), violence or abuse.
- (18) any criminal activity (including breaking the conditions of a Community Protection Notice or a Criminal Behaviour Order), or any equivalent order.
- (19) provision of forged, falsified, or fraudulent documentation, and other forms of deception that are intended to gain an advantage.
- (20) any other act or behaviour, which may be reasonably interpreted as misconduct, can be considered under these procedures.
4.2 For the purpose of this Procedure, misconduct as defined at paragraph 4.1 will be classified as either minor or major depending on the seriousness of the alleged misconduct. Where it is not clear whether the alleged offence should be classified as a minor or major offence the matter will be determined by the Executive Director of Student Services and Registrar.
4.3 Examples of minor offences include but are not limited to:
- (1) Anti-social behaviour
- (2) Refusal to identify oneself to UCL staff
- (3) Failure to vacate during fire alarms
- (4) Excessive noise
- (5) Misuse of the fire equipment
- (6) Smoking in non-designated areas
4.4 Examples of major offences include but are not limited to:
- (1) Possession of an offensive weapon
- (2) Sexual harassment, sexual misconduct, violence or assault
- (3) Assault
- (4) Threatening, offensive or indecent behaviour or language that causes distress to others
- (5) Harassment of any kind
- (6) Misappropriation of or damage to the property of any student or member of staff of UCL
- (7) Any action likely to cause injury or impair the safety of others
- (8) Use, possession, buying or selling of illegal drugs
- (9) Excessive use of alcohol that is likely to endanger the health and safety of others
- (10) A serious breach or failure to follow UCL regulations and procedures, including UCL’s Code of Practice on Freedom of Speech
Section 5: Disciplinary Procedure
Initial assessment & precautionary measures
5.1 Staff or students who become aware of a potential breach of this Code should report the matter to the Casework Team. This should be done as soon as possible after the discovery of the potential breach.
5.2 Reports that are made on behalf of a student will not normally be investigated without their permission, or without their involvement in the case.
Initial Assessment
5.3 A member of the Casework Team, who is normally a Senior Casework Officer, in the capacity of an Investigating Officer, will make an initial assessment of the case.
5.4 In cases of alleged sexual misconduct, the Independent Sexual Violence Advisor & Support Officer may make initial contact with the reporting party in advance of the Investigating Officer.
5.5 To make an initial assessment of the case, the Investigating Officer may take one or several of the following actions:
- Meet with reporting parties to seek clarification on the report submitted, understand desired outcomes, and explain the process to allow for an informed decision on whether a formal investigation is appropriate.
- Take statements from reporting parties and any witnesses.
- Liaise with other UCL teams, for example, Student Support & Wellbeing Services, to obtain further information.
- Liaise with external organisations, for example, the police, to obtain further information.
5.6 Following this, the Investigating Officer may:
- Meet with the responding student(s).
- Refer to another UCL procedure or team.
- Refer to an external organisation, for example, the police.
- Conduct a Risk Assessment to determine Precautionary Measures.
- Implement steps for informal resolution.
- Refer the case for a full disciplinary investigation.
- Close the case with no further action to be taken.
5.7 The Investigating Officer will contact the reporting party to communicate the next steps, normally within 10 working days of the decision being made.
Exclusion Criteria
5.8 The following will not normally be referred for a full investigation:
- (i) Reports raised anonymously.
- (ii) Reports about applicants to UCL.
- (iii) Reports about former students of UCL.
- (iv) Civil disputes, such as financial disputes, between individuals.
- (v) Matters already concluded under this Code.
- (vi) Breaches reported more than three months after the initial incident unless there are reasonable grounds for this. (N.B. reports of sexual misconduct, domestic abuse, bullying or harassment have no time limit on reporting)
- (vii) Cases made on behalf of a student without their permission or involvement.
5.9 This is not an exhaustive list.
5.10 Decisions on whether a case is taken forward or not are made on a case-by-case basis, and UCL reserves the right not to refer a matter for a full investigation where UCL considers that it is not warranted.
Precautionary Measures
5.11 Precautionary Measures are conditions put in place for the benefit of the parties involved and the wider UCL community. Precautionary Measures are not punitive and do not imply that a breach of the Code has occurred. These may be implemented at any point in these proceedings, if:
- (i) there is reason to believe that the responding student may interfere with the investigation or any witnesses.
- (ii) there is reason to believe that the alleged breach or similar conduct has been or could be repeated.
- (iii) there is reason to believe that the responding student may pose a danger to themselves or others.
- (iv) the nature of the breach is such that it is unreasonable for an individual or members of the UCL community to continue to associate with the responding student while this is investigated.
5.12 An assessment of risk will be undertaken to determine appropriate Precautionary Measures by the Executive Director of Student Services & Registrar (or nominee), for example, by the Director of Education Services, or by the Head of Casework. Where necessary, they will consult relevant teams and services in deciding appropriate Precautionary Measures.
5.13 The Executive Director of Student Services & Registrar has the right to impose Precautionary Measures in advance of a risk assessment being undertaken in certain circumstances where there is an immediate need (known as “Emergency Precautionary Measures”). Emergency Precautionary Measures may be applied where the case is of an urgent or sensitive nature and/or where it is perceived that there is a high risk to reporting student(s) or others within the UCL community.
5.14 Where students are attending another institution or a work placement or taking part in approved field trips or other authorised external activities, both in the United Kingdom or abroad, a named individual will be nominated by the Executive Director of Student Services & Registrar to impose Precautionary Measures where necessary. This nominee will inform the Executive Director of Student Services & Registrar as soon as practicable of any measures taken.
5.15 Precautionary Measures will be proportionate to the potential breach of the code following a risk assessment and will consider the impact on wellbeing and academic studies of all parties involved. Once put into place, this will be communicated to the responding student as soon as practicable in writing.
5.16 Precautionary Measures may include, among others, conduct orders, non-contact agreements, accommodation moves, restricted access to premises or activities, suspensions or exclusions from UCL.
5.17 For the purposes of this Code suspension and exclusion are defined as follows:
- (i) Suspension involves a total or partial prohibition on attendance at or access to UCL premises and from any participation in UCL activities for a fixed period.
- (ii) Exclusion involves the withdrawal of the right of access to specified land, buildings, facilities or services of UCL for a fixed period or pending the fulfilment of certain conditions.
5.18 Failure to adhere to Precautionary Measures may be considered a breach of the Code and may be subject to separate disciplinary action, and a review of the existing Precautionary Measures will be conducted to ensure they are still fit for purpose.
5.19 The Casework Team may inform the reporting party of the Precautionary Measures that have been put in place.
5.20 The Casework Team will ensure that the Precautionary Measures will be regularly reviewed during the investigation to ensure that they remain proportionate and necessary. Following review, the Executive Director of Student Services & Registrar (or nominee), may decide to remove the measures, amend the measures relevant to the circumstances, or keep the existing measures in place.
Appealing Precautionary Measures
5.21 A student who has received a notice of Precautionary Measures may appeal against the decision within 5 working days of the date of issue of the notice. Precautionary Measures must be adhered to while this appeal is considered. An appeal should be submitted to the Casework Team clearly setting out the reasons for the appeal. This appeal will be reviewed by the Executive Director of Student Services & Registrar (or nominee), who had not been previously involved in the case. Where a suspension has been implemented, this appeal will be considered by the Provost.
5.22 The reviewer may take action as follows:
- (i) uphold the original decision and confirm the terms of the Precautionary Measures.
- (ii) uphold the original decision but amend the terms of the Precautionary Measures.
- (iii) overturn the original decision and remove the Precautionary Measures, fully or in part.
5.23 The student will be notified of the decision within 5 working days of the receipt of the letter requesting an appeal.
5.24 Whilst the Precautionary Measures are in place, the student may request a review if there is a relevant change to their circumstances. This request should be submitted to the Casework Team clearly setting out the reasons and any appropriate supporting evidence. This will be reviewed by the Executive Director of Student Services (or nominee), who will notify the student of any resulting changes within 5 working days. Where a suspension has been implemented, this will be considered by the Provost, who will notify the student of any resulting changes within 5 working days.
5.25 The reviewer may take action as follows:
- (i) uphold the original decision and confirm the terms of the Precautionary Measures.
- (ii) uphold the original decision but amend the terms of the Precautionary Measures.
- (iii) overturn the original decision and remove the Precautionary Measures, fully or in part.
Investigations & Conclusion
5.26 Disciplinary investigations for both minor and major breaches of the Code are conducted by a Senior Casework Officer (or Casework Manager or Head of Casework) within the Casework Team, as the Investigating Officer. As part of this process, they may take statements, carry out Conduct Interviews and/or gather other evidence to be able to determine whether a breach of the Code has occurred.
5.27 Disciplinary investigations may also be instigated on the instruction of the Executive Director of Student Services & Registrar (or nominee).
5.28 The Disciplinary Process will be concluded as quickly as possible and normally within 90 days of an investigation being opened (this excludes any time taken by a criminal investigation or prosecution). Complex investigations or those involving other teams or procedures may take longer. The Investigating Officer will keep all parties involved updated on the reasons for any delay and estimated timescales.
5.29 Both the responding student and reporting party will be given the opportunity to present their account and any evidence they wish to be considered. It is the responsibility of these parties to ensure that this evidence is made available to the Investigating Officer, and failure to provide this during the process will not be considered as reasonable grounds for an appeal or complaint.
5.30 All decisions in the process are based on the evidence available.
5.31 The Investigating Officer reserves the right not to proceed with any investigation following an allegation against the behaviour of a student if it is considered that there are insufficient grounds or evidence to do so.
5.32 During the investigation, the responding student will have the right to:
- (i) Provide relevant information and evidence for the case.
- (ii) Make representations about procedural issues.
- (iii) Hear the case and ask about the detailed allegations made against them.
- (iv) Request access to available evidence against them, excluding legally privileged advice, or confidential information that is not directly relevant to the allegations.
- (v) State their case, including liability and mitigation.
- (vi) Comment on the submissions made and/or evidence produced by the Investigating Officer.
A Conduct Interview
A Conduct Interview is an opportunity for the responding student to discuss the allegations made against them with the Investigating Officer. The Investigating Officer may ask the responding student questions related to the matter under investigation and/or any other relevant matters.
5.33 Where the Investigating Officer chooses to carry out a Conduct Interview with the responding student, they will inform the student of the arrangements for this in writing, normally giving at least 5 working days’ notice.
5.34 The student has the right to be accompanied by a Supporter. A Supporter may act in the capacity as a ‘friend’ or ‘representative’ for the responding student, and will normally be someone who is a UCL student or member of staff of UCL or an advisor from Students’ Union UCL but UCL has discretion to agree that a Supporter can be an individual who is not within these categories if requested. The responding student must inform the Investigating Officer of the name of their Supporter beforehand and by the deadline given to them when they are informed of the Conduct Interview. A request will usually be responded to by UCL within 3 working days. UCL reserves the right to deny the request for a specific person to join the Conduct Interview as the Supporter if it is not deemed appropriate, for example, because they were involved in the incident that led to the report. It is expected that the student will answer questions themselves at the Conduct Interview but may confer with the Supporter before answering.
5.35 The Investigating Officer will usually be accompanied by a note-taker or other relevant staff in the interview. The responding student will be informed of this in advance of the Conduct Interview.
5.36 The Conduct Interview may be recorded with the permission of all attendees. The recording will be retained in line with UCL’s Data Retention Schedule.
5.37 The Investigating Officer may adjourn and reconvene the interview or conduct further interviews when necessary.
5.38 If the responding student does not appear on the date appointed for their Conduct Interview and the Investigating Officer is satisfied that they have been given due notice to appear, and the student has not provided any good reason, plus supporting evidence, to explain their non-attendance and/or the need for a postponement the Investigating Officer may deal with the alleged misconduct in their absence. However, the Investigating Officer may not conclude that a failure to attend the interview implies that the alleged breach has occurred.
5.39 Failure to attend the interview without reasonable cause may be considered a breach of the Disciplinary Code in itself, separate to the breach that is the reason for the investigation.
Conclusion of the Investigation
5.40 When the Investigating Officer is satisfied that they have concluded their investigation, they may take the following actions:
- (i) Find that, on the balance of probabilities, a minor breach of the Code has occurred and impose a penalty as per 5.66.
- (ii) Find that, on the balance of probabilities, there is evidence that a major breach of the Code may have occurred that potentially warrants a penalty as per 5.67 of this Code and make a recommendation to the Head of Casework that the case be referred to a Discipline Committee Hearing.
- (iii) Find that, on the balance of probabilities, given the evidence available it cannot be determined that a minor or major breach has occurred under the Code and close the case.
5.41 The Investigating Officer will notify the responding student and the reporting party in writing of the outcome of their investigation within 10 working days of making their decision.
Discipline Committee Hearing
The Head of Casework will consider the outcome of the investigation and the recommendation that the case be referred to a Discipline Committee Hearing. Where it is determined that there is evidence that a major* breach of the Code may have occurred that potentially warrants a penalty as per 5.67 of this Code, the Head of Casework will refer the matter to a Discipline Committee Hearing. A Discipline Committee Hearing is an opportunity for the Panel Members to ask the responding student questions related to the matter under investigation and/or any other relevant matters. The Panel Members may also ask the reporting parties, and any witnesses questions related to the matter under investigation and/or any other relevant matters.
5.42 The Discipline Committee will be serviced by a Secretary who is normally a Senior Casework Officer who has had no prior involvement in the investigation of the case. The Secretary is not a member of the Discipline Committee and does not take any part in its decision-making. The Secretary provides administrative support to the Committee and may provide guidance to the Committee relating to procedure, solely to ensure compliance with UCL’s regulations.
5.43 Where a case has been referred to a Discipline Committee Hearing by the Head of Casework, the Secretary to the Panel will inform the responding student of the arrangements, normally giving at least 10 working days’ notice.
5.44 The Secretary must be notified of any witnesses the Committee or responding student may wish to invite to appear before the Committee and/or be provided with written statements at least seven working days before the hearing.
5.45 The Discipline Committee (“the Committee”) membership will normally consist of the following:
- (i) Two members of UCL staff, one of them acting as the Chair.
- (ii) A representative of the student body, normally a Sabbatical Officer of UCL Students’ Union.
5.46 The quoracy of the Committee is three people; this must always include a representative of the student body.
5.47 No member of UCL staff or student members on the Committee should have any conflict of interest in the matter and should not take part if there is any reasonable perception of bias; or if they were involved in the matters being investigated at an earlier stage.
5.48 If the responding student does not appear on the date appointed for their Discipline Committee Hearing and the Chair is satisfied that they have been given due notice to appear, and have not provided the Committee with any good reason, plus supporting evidence, to explain their non-attendance and/or the need for an adjournment, the Committee may deal with the alleged misconduct in their absence. However, the Committee may not conclude that a failure to attend the Discipline Committee Hearing implies that the alleged breach has occurred.
5.49 Failure to attend the Discipline Committee hearing without reasonable cause may be considered a breach of the Disciplinary Code in itself, separate to the breach that is the reason for the investigation.
5.50 Responding students have the right to be accompanied by a Supporter. A Supporter may act in the capacity as a ‘friend’ or ‘representative’ for the responding student and will normally be someone who is a UCL student or member of staff of UCL or an advisor from UCL Students’ Union but UCL has discretion to agree that a Supporter can be an individual who is not within these categories if requested. If the Supporter is acting in the role of a friend, they will usually be there to provide moral support during the hearing. If the Supporter is acting in the role of a representative, they will usually assist in effective engagement with the disciplinary procedures including the ability to confer with the student during the hearing, make representations and ask questions of the Discipline Committee, case presenters and witnesses with the permission of the Discipline Committee Chair. However, they cannot present witness evidence on behalf of any student as it is expected that the student will answer questions themselves at the hearing but may confer with the Supporter before answering. The Chair of the Discipline Committee reserves the right to remove a Supporter from the hearing if they behave in a manner which is inconsistent with their role or in a manner which is unreasonable and/or potentially disruptive to the efficient and proper management of UCL’s processes.
5.51 The responding student must inform the Casework Team of the name of the person accompanying them beforehand and by the deadline given to them when they are informed of the hearing; UCL reserves the right to deny the request for a specific person to join this meeting as the Supporter if it is not deemed appropriate. For example, because they were involved in the incident that led to the report. A request will usually be responded to by UCL within 3 working days.
5.52 UCL will consider requests by the student for legal representation during a Discipline Committee Hearing. The responding student must inform the Casework Team of the name of the proposed representative accompanying them beforehand and by the deadline given to them when they are informed of the hearing. The decision as to whether to permit legal representation will be taken by Executive Director of Student Services & Registrar (or nominee) on a case-by-case basis in consultation with UCL’s Legal Services and will be at UCL’s sole discretion. The legal representative will not be permitted to answer questions on behalf of the student or cross-examine witnesses.
5.53 UCL will make all reasonable attempts to ensure that the reporting party and witnesses are in attendance to give their evidence and have it tested by the Committee before placing weight on evidence and making its finding(s). The reporting party and witnesses are expected to attend and answer to the Committee.
5.54 The particulars of the alleged offences, witness statements and other supporting documentation will be circulated to the Committee and the responding student by the Secretary no less than 5 working days in advance of the hearing. Later circulation may be allowed at the discretion of the Chair. Circulation of papers to the reporting party may be allowed at the discretion of the Chair. All papers should be treated as private and confidential.
5.55 The Discipline Committee Hearing will allow the Investigating Officer to:
- (i) Present their findings of the investigation having provided relevant evidence in advance of the hearing.
- (ii) Comment on the submissions made and/or evidence submitted to the Committee by the responding student.
- (iii) Answer questions put to them by the Committee.
5.56 The Discipline Committee Hearing will allow the responding student to:
- (i) Present their case in response to the allegations having provided relevant evidence in advance of the hearing.
- (ii) Comment on the submissions made and/or evidence submitted to the Committee by the Investigating Officer.
- (iii) Answer questions put to them by the Committee.
5.57 The Discipline Committee Hearing will allow the Committee members to:
- (i) Ask questions of relevant parties present at the hearing including, but not limited to, the responding student, reporting parties, relevant witnesses, and the Investigating Officer.
- (ii) Hear and clarify all available evidence to establish, on the balance of probabilities, whether a breach has occurred under this Code.
5.58 The Discipline Committee Hearing will proceed as follows:
- (i) The Investigating Officer will present the case and answer questions from the responding student and witnesses.
- (ii) The responding student will present their response to the allegations.
- (iii) The Committee members will ask questions of the Investigating Officer and the responding student and witnesses.
- (iv) The responding student will summarise their case in response.
- (v) The Committee members will adjourn privately to determine whether a breach of the Code of Conduct has occurred.
- (vi) If it is determined that a breach of the Code of Conduct has occurred, the Committee members will reconvene the Discipline Committee Hearing to hear the responding student’s submissions to the Committee on mitigation (if any).
- (vii) The Committee members will adjourn privately to determine an appropriate sanction.
5.59 While the committee will strive to make a unanimous decision, a decision may be made by simple majority. The Chair will have the casting vote when a majority decision cannot be reached.
5.60 Where it is established by the Committee that a breach has occurred, they will determine an appropriate and proportionate penalty as per 5.67.
5.61 The decision will normally be communicated in writing to the responding student, and reporting party, within 5 working days of the hearing.
5.62 The Secretary on behalf of the Committee reserves the right to verbally notify the responding student of the decision in advance of the written decision being issued.
Penalties
5.63 Where a student has been found to be in breach of the Code, one or several penalties can be applied.
5.64 Any penalty imposed will be proportionate to the severity of the breach of the Code. Consideration may also be given to any mitigating evidence presented to the Panel, as well as any previous breaches of the Code or disciplinary investigations.
5.65 Penalties are at the discretion of the Investigating Officer or Discipline Committee as outlined below.
5.66 Penalties that can be imposed by the Investigating Officer are as follows:
- (i) A formal written warning.
- (ii) A non-contact agreement regarding another person that prohibits, or limits contact regarding specific matters.
- (iii) A restriction on the privilege to have guests in UCL accommodation or UCL managed accommodation.
- (iv) A requirement to move to alternative UCL accommodation or UCL managed accommodation.
- (v) Payment of costs for repairs to damaged property.
- (vi) A personal conduct order.
- (vii) A referral to a harm reduction programme (e.g. alcohol abuse, drug misuse).
5.67 Penalties that can be imposed by the Discipline Committee are as follows:
- (i) Any penalty available to the Investigating Officer as per 5.66.
- (ii) A direction to the Director of Accommodation to issue a Notice to Quit and/or initiate court proceedings to evict the responding student from UCL accommodation or UCL managed accommodation.
- (iii) Temporary or permanent exclusion of the student from one or more of UCL’s premises, grounds, facilities, or services.
- (iv) Suspension of studies from UCL.
- (v) Permanent expulsion from UCL.
- (vi) A penalty to only come into effect if further breaches occur.
5.68 When a student is found to be in breach of the Code, and one or more of the penalties under 5.66 and/or 5.67 have been imposed, where appropriate the Investigating Officer or Discipline Committee may recommend that the student also make a written apology to one or more individuals.
Appeals
5.69 The responding student may appeal when they have been found to be in breach of the Code by either the Investigating Officer or the Discipline Committee.
5.70 An appeal must be made through the UCL Student Disciplinary Appeal Form within 10 working days of the decision having been communicated to the responding student in writing. The appeal must state which aspect of the decision, penalty, or procedure the student disagrees with, on one or more of the following grounds, and why:
- (i) The student would like to present new evidence that makes a material difference to the case and that they could not have reasonably produced during the investigation or the Discipline Committee Hearing.
- (ii) There was a procedural irregularity.
- (iii) The finding of misconduct was not fairly or reasonably made.
- (iv) The penalty is unfairly disproportionate to the breach.
5.71 Where the decision being appealed was made by the Investigating Officer, a paper-based review of the appeal will be considered by the Casework Manager, the Head of Casework, or the Director of Education Services.
5.72 Where the decision being appealed was made by the Discipline Committee, a paper-based review of the appeal will be considered by a Disciplinary Appeal Committee (referred to as the Discipline Review Body in UCL Statute 13). However, in exceptional circumstances and at the discretion of the Chair of the Disciplinary Appeal Committee, the appeal might be referred as a hearing.
5.73 The membership of the Disciplinary Appeal Committee will comprise:
- (i) The Vice Provost (Education) (or their nominee) and the Executive Director of Student Services and Registrar (or their nominee), one of them acting as the Chair
- (ii) A representative of the student body, normally a Sabbatical Officer of UCL Students’ Union
5.74 The Discipline Appeal Committee members will not have had any prior involvement in the case.
5.75 The quoracy of the Committee is three people; this must always include a representative of the student body.
5.76 While an appeal is underway, the original decision, including any penalty implemented, will stand. Failure to abide by the penalties may constitute a breach of the Code and can lead to further disciplinary action.
5.77 The following outcomes may be reached as a result of an appeal:
- (i) The original decision is upheld.
- (ii) The case is referred for reconsideration by an Investigating Officer or Discipline Committee.
- (iii) An alternative outcome and/or penalties are applied.
5.78 The outcome of the appeal will normally be communicated to the responding student within 10 working days of the date that the decision was made.
5.79 Where the outcome of an appeal marks the end of UCL’s procedures, a Completion of Procedures letter will be issued to the responding student, which may be used to raise this matter with the Office of the Independent Adjudicator (OIA).
Office of the Independent Adjudicator (OIA)
5.80 The OIA provides a free and independent scheme for the review of student appeals and complaint, which includes the right for a student to appeal against UCL’s final decision.
5.81 Applications to the OIA need to be made within 12 months of the date that the Completion of Procedures letter was issued.
5.82 Further information about submitting a complaint to the OIA can be found on the OIA’s website – www.oiahe.org.uk.