This process applies to C1: Academic Misconduct Policy, C2: Student Conduct Policy and C7: Harassment & Sexual Misconduct Policy
On receipt of an allegation of Student Academic Misconduct (C1), Student Misconduct (C2), or Harassment & Sexual Misconduct (C7) or receipt of a complaint or other matter requiring investigation the following process will be followed:
|Allegation of Misconduct, Academic Misconduct, receipt of complaint or other matter requiring investigation|
|Allegation of Misconduct||ORMS administration informs student of the issue and invites the student concerned to provide information for investigation, in order to establish and clarify the facts.
The gathered information is submitted to Senior Faculty to assess wether the allegation is proved or not.
|Allegation NOT proved:
Senior Faculty decides that there is insufficient evidence to commence misconduct proceedings.
Student notified in writing within 5 working days of investigation: No Further Action
Senior Faculty decides that there is sufficient evidence to commence misconduct proceedings. Student notified in writing within 5 working days of investigation of decision to proceed to
|Stage 1: Misconduct Hearing|
|Misconduct Hearing Arrangements
|Head of Administration makes arrangements for Misconduct Hearing as soon as possible, normally not later than 10 working days after investigation meeting decision.|
|Misconduct Hearing takes place, Programme Leader examines facts and interviews student, may consult with other staff and students as appropriate. Student given opportunity to explain circumstances of case and to submit any relevant mitigating evidence for consideration.|
|Decision and Determination of Penalty
|Programme Leader determines:
– misconduct not established, no further action against student required
– misconduct established, decides appropriate penalty or penalties
|Notification of Outcome
|Within 5 working days of Misconduct Hearing, Programme Leader:
– prepare notes of meeting. Student and Programme Leader required to confirm accuracy;
– provide student with notification of penalty/penalties, and advise student of entitlement to submit an appeal
|Stage 2: Appeals|
|Entitlement to Appeal
|Student entitled to submit an appeal:
(i) against decision and/or penalty/penalties if misconduct has been established;
(ii) against penalty/penalties if student has admitted misconduct.
|Validity of Appeal
|Valid for consideration by Student Appeals Committee only if submitted within 10 working days, and also on any of following permissible grounds:
– significant procedural irregularity or material administrative error resulting in an unfair or unreasonable decision; or
– evidence deemed insufficient to substantiate allegation; or
– substantial evidence not previously known; or
– substantial evidence demonstrates penalty disproportionate; or
– criteria used to determine proportionate penalty not appropriately applied.
Student Appeal Form – Misconduct
|Student completes Student Appeal Form – Misconduct and submits to Head of Administration normally within 10 working days of receiving outcome. Head of Administration copies to Programme Leader.|
|Student Appeal Form – Misconduct reviewed for validity
|Programme Leader liaises with Head of Administration to determine if appeal is valid, normally within 5 working days:
(i) Invalid: Programme Leader advises student in writing within 10 working days, identifying why invalid.
(ii) Valid: if there is substantial evidence that was not previously known to the Programme Leader at the time of the Misconduct Hearing, the Programme Leader has discretion to review the case for re-consideration, or submit to Student Appeals Committee.
(iii) Valid: if valid under any other permissible grounds, Student Appeal Form – Misconduct submitted to Student Appeals Committee.
|Stage 3: Student Appeals Committee|
|Student Appeals Committee Arrangements by Head of Administration
|Head of Administration arranges Student Appeals Committee meeting at earliest opportunity, normally at least 10 working days prior to meeting.|
|Student Appeals Committee Meeting
|Student Appeals Committee meeting takes place, Committee examines facts and interviews student, and other staff and students as appropriate. Student given opportunity to explain circumstances of case and to submit any relevant mitigating evidence for consideration.|
|Outcome of Appeal
|(a) Appeal against decision, Committee shall determine either:
– appeal dismissed, misconduct established, decision confirmed, and penalty confirmed or modified; or
– appeal be upheld, misconduct not established, decision annulled and penalty cancelled.
(b) Appeal against penalty, Committee shall determine either:
– appeal dismissed, penalty confirmed; or
– appeal upheld, lesser penalty substituted.
|Notification of Outcome
|Within 5 working days of Student Appeals Committee meeting, Head of Administration:
(i) issues written notification of outcome to student, decision of Student Appeals Committee final;
(ii) where case involves academic misconduct, forward outcome to Programme Leader / Assessment Board Chair for submission to Assessment Board.