University Calendar 2010/11
Section IV : General Regulations
Student Discipline Regulations


PREFACE
CONTENTS
SEMESTERS
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
SECTION IX
SECTION X
SECTION XI
SECTION XII
SECTION XIII
SECTION XIV
 
ARCHIVE 2004/5
ARCHIVE 2005/6
ARCHIVE 2006/7
ARCHIVE 2007/8
ARCHIVE 2008/9
ARCHIVE 2009/10
1. Standard of Behaviour
  As members of the University community, all students are expected to conduct themselves with due regard for its good name and reputation. They are required to comply with the University's Regulations at all times. For the purposes of these regulations, the term 'student' encompasses all enrolled students of the University. This includes those in nominal registration and those studying off-campus on work placements or field trips or in other institutions of higher education or in any other such circumstances as may from time to time occur. It does not include those students registered in another institution for an award of the University under accreditation, validation, franchise or other collaborative arrangements who are covered by the discipline regulations of the institution in which they are registered.
     
2. Discretion as to Procedure
  Each case will be considered on its own merits and in accordance with the evidence and circumstances presented. The University therefore has absolute discretion to determine which stage of the procedure if any will be applied in any particular case taking into account the matters under consideration.
     
3. Power of Staff to Check Disorder
  All members of staff, ie: a person with a contract of employment with the University, have the authority to check disorder or any breach of regulations by students occurring in any part of the University.
     
4. Definition of Misconduct
  (1) The essence of misconduct under the regulations is improper interference, in the broadest sense, with the proper functioning or activities of the University or those who work or study in the University, or action which otherwise damages the institution.
  (2) The following behaviour shall be treated as a breach of the regulations which may result in disciplinary action being taken (this is not an exhaustive list).
  1. Behaviour which may be regarded as a breach of the criminal law.

  2. Conduct which brings the University of Southampton into disrepute.

  3. Conduct which raises questions as to whether the student concerned should remain a student of the University because he/she poses a danger to other students or to staff or to the good order of the University as a whole.

  4. Improper interference with the smooth running and activities of the University.

  5. Breach of the University's Charter, Statutes, Ordinances or Regulations.

  6. Unauthorised use of, theft of or damage to University property or the property of University staff, students or visitors.

  7. Misuse or unauthorised use of University premises including failure to leave University premises when reasonably required to do so.

  8. Breach of the terms of the Codes of Practice on Free Speech, Dignity at Work and Study, Equal Opportunities and such other Codes as the Senate may from time to time designate.

  9. Violent, threatening, offensive language, behaviour or actions.

  10. Drunkenness or disorderly conduct.

  11. Breach of the various University and iSolutions Regulations for use of IT equipment, software and resources.

  12. Deliberate breaches of the University's health and safety policy, associated School health and safety policies or Halls of Residence health and safety policies.

  13. Failure to disclose name, ID number, address and School to an officer or employee of the University in circumstances where it is reasonable that such information be given.

  14. The making of complaints judged to be vexatious or malicious.

  15. Any action which constitutes a breach of the rules or regulations of the Library, iSolutions, the Halls of Residence or the Students' Union, and any other such regulations as the University may from time to time approve. Such breaches shall be dealt with in the manner which those regulations or rules specify, or by action under these Regulations for Student Discipline where the Head of the relevant Service or the Chair of the Committee of Discipline considers that appropriate.

  16. Failure to comply with a previously-imposed penalty under these regulations or under the rules or regulations of the Services referred to in (o) above.

  17. Repetition of minor offences handled under stage 1 of the procedures below.

  18. Failure to comply with a resonable instruction relating to discipline issued with the Vice-Chancellor's authority.
  (3) The behaviour described in 4(1) and 4(2) above shall constitute a breach of these regulations if it took place on University proerty or premises or elsewhere if the student was involved in a University activity, was representing the University, or was present at that place by virtue of his or her status as a student of the University; also if the behaviour affected other members of the University community, or affected members of the general public in ways which might damage the standing and reputation of the University.
     
5. Fitness to Practice
  If a student is enrolled on a course where there may be fitness to practice considerations, and the behaviour being considered under Discipline Regulations could also lead to consideration of a student's fitness to practice, then the behaviour will normally be considered first under these regulations. Once consideration under these regulations is concluded then any fitness to practice matters will be considered.
     
6. Academic Integrity
  Breaches of academic integrity (academic misconduct) and expulsion on academic grounds are dealt with by separate academic integrity procedures.
     
7. Relationship with Complaints Procedure
  No student may lodge a complaint under the University student complaints procedures based on issues arising from an allegation of a breach of the disciplinary regulations which is subsequently dismissed unless they have evidence that the allegation was made maliciously or vexatiously.
     
8. Confidentiality
  (1) Throughout any proceedings under this Procedure, the University shall seek to ensure that confidentiality is maintained. However, this shall not preclude the University from disclosing information where necessary for the discharge of duties or as required by law, nor shall this preclude the University, where appropriate, from disclosing information about any outcome under this Procedure.
  (2) There may be cases where it is appropriate to preserve confidentiality in relation to the identity of witnesses where there is reasonably perceived to be a need to protect any member of staff from the risk of intimidation or retribution. Likewise, it may be necessary to adapt these procedures where it is considered undesirable for any one person to give evidence in the presence of another.
     
9. The Committee of Discipline
  (1) The Senate Committee of Discipline shall be chaired ex-officio by the Deputy Vice-Chancellor or Pro Vice-Chancellor.
  (2) The Committee of Discipline shall be convened as necessary to handle cases referred to it and shall, on each occasion, be consituted as follows.
  1. Chair (as above).
  2. Three members of Senate including one Dean from a Faculty other than that of the student.
  3. One student representative nominated by the President of the Students' Union.
  (3) None of the Committee members shall have previously had any material dealings with the student(s) who will be appearing before the committee.
  (4) The Deputy Director of Student Services shall act as Secretary.
  (5) The Vice-Chancellor shall delegate to the Chair of the Committee of Discipline ('the Chair') those powers ascribed to the office of Vice-Chancellor in the Statutes of the University [Section 5(3)] and authority for disciplinary matters as described in Statutes (Section 34). The Chair shall report to the Vice-Chancellor on every use of those powers.
     
10. Suspension and Exclusion Pending a Hearing
  (1) A student who is the subject of a complaint of misbehaviour, or against whom a criminal change is pending, may be suspended or excluded by the Chair acting on behalf of the Vice-Chancellor pending the disciplinary hearing or the trial.
  (2) A full report shall be made to the Vice-Chancellor of any suspension or exclusion under this section.
  (3) 'Suspension' includes a total prohibition by the University on attendance at or access to the University and on any participation in University activities. 'Exclusion' involves selective restriction on attendance at or access to the University, or prohibition on exercising the functions or duties of any office or committee membership in the University or Students' Union, the exact detail to be specified in writing.
  (4) Suspension should only be used where exclusion from specified activities or facilities would be inadequate.
  (5) 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.
  (6) The power to suspend or exclude under this provision is to protect the members of the University community in general, or a particular member or members, and shall only be used where the Chair is of the opinion that it is in the best interests of either the student or any member of the University community. Written reasons for the decision shall be recorded and given to the student.
  (7) No student shall be suspended or excluded unless the opportunity has been given to make representations in person to the Chair. Where the student is unable to attend in person because they have been remanded in custody or are in prison, written representations shall be acceptable; alternatively the student may be represented by a friend or adviser (who may be the student's legal representative). Where the student attends in person he/she may be accompanied by a friend or adviser (who may not be a legally qualified person acting in a paid capacity).
  (8) In cases of great urgency the Chair, or in the absence of the Chair, the Deputy Chair, or in their absence, the Vice-Chancellor or any Deputy Vice-Chancellor or Pro Vice-Chancellor, shall be empowered to suspend a student with immediate effect provided that the opportunities described above are given as quickly as possible and that the matter is reviewed within five working days of the suspension.
  (9) A decision to suspend or exclude from academic activities associated with the student's course of study (other than access to the Library) pending a hearing shall be subject to review, at the request of the student, where it has continued for ten working days. Such a review will not involve a hearing or submissions made in person but the student shall be entitled to submit written representations. The review will be conducted by a Dean from a Faculty other than the Faculty of the student, and a student representative nominated by the President of the Students' Union, none of whom have had any material previous contact with the student.
  (10) The Chair shall review the suspension or exclusion every twenty working days in the light of any developments and of any representations made by the student.
     
11. Fines
  Fines shall be levied within broad guidelines which shall be reviewed from time to time and approved by the Vice-Chancellor.
     
12. Discipline in Halls of Residence and other University Residential Accommodation
  (1) On entering into a contract for a place in a hall of residence, students confirm that they will abide by the relevant hall regulations. Breaches of these regulations may result in a reprimand or a fine or in termination of residence in accordance with the provisions set out in the regulations. Hall regulations shall also specify the arrangements for students to appeal against such decisons.
  (2) Should the Head of University Residences consider it appropriate (for example, where a student has been found to have breached hall regulations on more than one occasion), he/she may opt to refer the matter to the Dean of the relevant Faculty under stage 1 of the Student Discipline Procedures. Should the Head of University Residences (Student Services) consider that a breach of hall regulations may also constitute a major breach of University disciplinary regulations, the case may be referred to the Chair of the Committee of Discipline who may, where he/she judges appropriate, convene the Committee of Discipline to determine the case.
     
13. The Students' Union
  (1) The Students' Union or a committee appointed by it for the purpose shall, subject to these regulations,. have the power and duty of keeping order in the Students' Union buildings under such rules as the Students' Union may make and Council may approve. The Students' Union shall ensure that it has appropriate mechanisms for appeals against decisions taken under its disciplinary regulations. Where the President of the Students' Union or his or her nominee consider that an offence committed by a student in the Students' Union buildings, or while engaged in Students' Union activities, may consititute a major breach of the University discipline regulations, the case may be referred to the Chair of the Committee of Discipline who may, where he/she judges appropriate, convene the Committee of Discipline to determine the case.
  (2) The University reserves to itself the right to take action under the regulations for student discipline in respect of breaches of these regulations in Students' Union buildings, or while students are engaged in Students' Union activities, in instances where the Students' Union has declined to take action under its own laws but where the University deems such action to be appropriate or necessary.
     
14. Monitoring
  Faculties and relevant Services are asked to monitor the number of discipline cases considered annually and report this information to the Dean. The relevant Faculty shall then submit a composite report to the Deputy Director of Student Services using the proforma provided. The Deputy Director of Student Services shall similarly monitor the number of cases heard by the Committee of Discipline and shall submit a summary, anonymised report annually to Senate based on the outputs from these monitoring exercises.
     
15. Recording of Offences
  Records of offences under these regulations which have resulted in action by the Dean or the Chair of the Committee of Discipline shall be kept on student files.

Submitted by Corporate Services
Last reviewed: 10-Jul-2010
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