C1a: Misconduct Process

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 Head of Administration invites student concerned to an investigation meeting with a Company Director to establish and clarify the facts.
Allegation NOT proved:

Company Director decides that there is insufficient evidence to commence misconduct proceedings.

Student notified in writing within 5 working days of investigation: No Further Action

Allegation proved:

Company Director 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

Stage 1: Misconduct Hearing
Misconduct Hearing Arrangements

 

Company Director makes arrangements for Misconduct Hearing as soon as possible, normally not later than 10 working days after investigation meeting decision.
Misconduct Hearing

 

Misconduct Hearing takes place, Company Director 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

 

Company Director 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, Company Director:

– prepare notes of meeting. Student and Company Director required to sign as accurate;

– provide student with copy of signed notes, 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 completes

Student Appeal Form – Misconduct

 

Student completes Student Appeal Form – Misconduct and submits to Head of Administration normally within 10 working days of receiving outcome. Company Director copies to Quality Manager
Student Appeal Form – Misconduct reviewed for validity

 

Quality Manager liaises with Company Director to determine if appeal is valid, normally within 5 working days:

(i) Invalid: Quality Manager 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 Company Director at the time of the Misconduct Hearing, the Quality Manager has discretion to refer case back to Company Director 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 Company Director/ Assessment Board Chair for submission to Assessment Board.