Misconduct
The College takes misconduct, both examination offences and non-academic disciplinary offences, very seriously, and sets out the procedures for dealing with any such allegations in the B3 Misconduct Regulations.
Misconduct
The College expects students to maintain good conduct whilst on College premises, or engaged in any College activities. Action which deviates from expected institutional, professional, academic or ethical standards, or which damages the College; or which interferes with the functioning or activities of the College or members of the College community, will be regarded as misconduct and an infringement of the B3 Regulations. Misconduct can be committed by any means or medium, including via the internet. Any criminal offence committed whilst on College premises or whilst engaged in College activities also falls within the College's definition of misconduct.
In all cases, a student will be presumed to be innocent, unless and until proven otherwise, on the balance of probabilities.
Suspected Misconduct
Any instances of suspected misconduct should be reported as soon as possible to the Student Conduct & Appeals Office, who will consider the matter on behalf of the Director of Students & Education.
Please note, the College has revised its guidance so that instances of 'major academic offences' will be dealt with by the Misconduct Committee; all other offences will be dealt with at Faculty level, with the option to refer sufficiently serious cases to a Misconduct Committee at the discretion of the Assessment Sub-Board. Please see the Student Guidance and Staff Guidance documents for further information.
As part of the preliminary enquiry, it may be deemed necessary to interview the student against whom the allegation has been made.
The Director of Students & Education (or nominee) will determine, normally within 14 days, whether: -
(a) There is insufficient evidence to form a charge of misconduct;
(b) There is sufficient evidence to form a charge of misconduct which constitutes a minor infringement of the regulations; or
(c) There is sufficient evidence to form a charge of misconduct which constitutes a major infringement of the regulations.
If the case is deemed to fall under (a) above, the decision will be communicated in writing to the student, and any other persons involved in the case, where appropriate. If the case is deemed to fall under (b) above, a written rebuke may be issued to the student. If the case is deemed to fall under (c) above, the matter will be referred to a Misconduct Committee.
Where the alleged misconduct could also constitute an offence under the criminal law, the College's procedures may be delayed until the police and/or courts have completed their investigations and proceedings.
Misconduct Committee
Where a Misconduct Committee is convened, the student shall normally receive at least 7 days' notice, and will be invited to present their case to the Panel. An appropriate staff member will present the case against the student on behalf of the College. The Committee will determine whether the charge(s) of misconduct have been substantiated; where it concludes that the charge(s) is/are upheld, it may order one or more of the measures available to it under the B3 Regulations.
Following the Committee's findings, the College may refer the case to the Director of Students & Education, or to a professional, statutory or regulatory body, in accordance with Regulation B5 Fitness for Registration and Practice.
The decision of the Committee will normally be communicated to the student and examiners within 7 days of the decision.
Appeal
A student may appeal against the findings or order(s) of a Misconduct Committee. An appeal must be submitted on a Misconduct Appeal Form to the Student Conduct & Appeals Office within 14 days of the written notification of the Misconduct Committee's decision.
In accordance with the B3 Regulations, the Principal will allow an appeal to be heard, if s/he is satisfied that one or both of the following grounds are met: -
(a) That there is new evidence that could not have been, or for good reason was not, made available at the time of the hearing, and sufficient evidence remains that the appeal warrants further consideration;
(b) That evidence can be produced of significant procedural error on the part of the College before or during the hearing, and sufficient evidence remains that the appeal warrants further consideration.
The Principal also has the discretion to take into account grounds other than those stated above, including grounds of compassion, in deciding whether to allow an appeal to be heard.
The Principal will determine whether the criteria for an appeal have been met. Where they have, an Appeal Committee will be convened; otherwise the appeal will be dismissed. This decision will normally be communicated within 42 days of receipt of the appeal.
Where an Appeal Committee is convened, the student shall normally receive at least 14 days' notice of the hearing, and will be invited to present their case to the Panel. The Committee will determine whether there is sufficient reason to challenge the decision of the original Misconduct Committee; where it concludes such reason is present, they can modify or reverse the findings or order(s) of the Misconduct Committee. The decision of the Committee will normally be communicated to the student and relevant staff within 7 days of the decision.
Office of the Independent Adjudicator
When all internal procedures are complete, students may request an independent review of their case by the Office of the Independent Adjudicator for Higher Education ('OIA'), if they remain dissatisfied with the College’s final outcome.
Criminal Convictions
A student who is imprisoned for a period of 21 days or more will be automatically withdrawn from the College. Any such students may submit written representations against this withdrawal, within 21 days of the date of notification of the decision to withdraw, or the date of their conviction being overturned. Representations should be submitted to the Student Conduct & Appeals Office. The decision of the Principal will normally be communicated within 7 days of receipt.