Disciplinary regulations for students
Approved by Council on 28 June 2005 (updated in August and October 2007)
Principles
1. |
The Memorandum and Articles of Association of the School and the Code of Practice on Free Speech state that the School exists for the pursuit of learning. Its fundamental purpose can be achieved only if students, staff and visitors can work and conduct their business peacefully in conditions that permit freedom of thought and expression within a framework of respect for the rights of other persons. |
2. |
In any disciplinary case, complaint or other situation, the School encourages those involved to seek informal resolution wherever possible. |
3. |
These Regulations give effect to the intention of the School to maintain these conditions and to protect the School from actions that damage it or its members' reputation or standing. They are published annually in the online Calendar. Recommendations for alterations and additions to these Procedures may be made by the Student Affairs Committee, via the Academic Board, to the Council; and those alterations or additions that are approved by the Council shall come into effect upon approval unless stated otherwise. |
4. |
In applying these Regulations the School will: |
|
4.1 |
assure privacy and confidentiality unless disclosure to a third party is necessary to progress proceedings or an appeal, in which case any relevant party will be notified in advance of the disclosure. Any party under investigation will not be victimised by the School. |
|
4.2 |
conduct all disciplinary cases on their individual merits and in accordance with the School's equal opportunities policy. |
|
4.3 |
deal with issues with appropriate speed and thoroughness. Proceedings will be treated with appropriate confidence. At any stage, a Pro-Director may suggest that the matter is dealt with by an informal process. |
|
4.4 |
continue to conduct any disciplinary case where a party has been given sufficient notice of a hearing or deadline, notwithstanding that party's failure to attend or respond to communications. |
5. |
The School reserves the right to commence disciplinary proceedings in any case where there appears to have been a breach of the Regulations or where the reputation and/or standing of the School and its members could be damaged. This includes circumstances where a criminal offence may have been committed. The School reserves the power to suspend or discontinue proceedings at any time. |
6. |
The School will refer incidents to the police in appropriate circumstances. This does not affect an individual's right to report incidents to the police. If a matter is reported to the police, the School will suspend any disciplinary proceedings during police enquiries, save that a Pro-Director may suspend any student under Regulations 16 to 18. Disciplinary proceedings by the School will not be dependent on the outcome of a referral to the police, but a conviction or other admission of guilt is a matter that may be taken into account in internal proceedings. |
7. |
Deviations from these procedures will not invalidate any action taken against the student unless the fairness of the process was compromised. References to a Pro-Director include any other person expressly authorised by the Director to act in connection with disciplinary issues. |
The conduct of students
8. |
Students shall conduct themselves in an orderly, responsible and sober manner. In particular, no student of the School shall: |
|
a. |
disrupt teaching, study, research or administrative work, or cause or threaten to cause injury or otherwise prevent any member of the School and its staff from carrying on his or her work, or do any act likely to cause such disruption or prevention; or |
|
b. |
damage or deface any property of the School, or perform any act likely to cause such damage or defacement; or |
|
c. |
use the School premises contrary to Regulations and Rules, or do any act reasonably likely to cause such use; or |
|
d. |
engage in any conduct in the School, or in relation to the School, or in relation to the activities of its members in connection with the School, which is, or is likely to be, detrimental to the School's purposes or reputation; or |
|
e. |
breach any rule, regulation or code imposed in connection with a hall of residence run by or on behalf of the School or the University of London; or |
|
f. |
behave dishonestly, which includes dishonesty in academic matters such as falsification of evidence or plagiarism falling outside the Regulations on Assessment Offences: Plagiarism or the Regulations on Assessment Offences: Offences Other Than Plagiarism; or |
|
g. |
commit a criminal offence; or |
|
h. |
use the name or address of the School on his or her behalf, or the officers of a student organisation using the name or address of the School on behalf of that organisation, in a public statement or communication, without making clear his or her status as a student, or the status of any such organisation; or |
|
i. |
record a lecture, or use such a recording, without the permission of the lecturer concerned (but it is permitted to use notes taken at lectures for purposes of private study) |
|
j. |
breach any School Regulation, Procedure or Code of Practice |
|
k. |
breach the Data Protection Act 1998 and/or fail to follow the proper direction of their tutors on matters of data protection. For more information, students should contact their tutors or http://www.lse.ac.uk/collections/dataProtection/
|
9. |
A student who is the subject of criminal investigation and/or proceedings in the courts may also be subject to the disciplinary procedure and penalties set out in these Regulations, regardless of the outcome of the investigation and/or proceedings. Misconduct shall not be excused by the fact that the offender may have acted on behalf of, or on the instructions of, any other person or organisation. |
Stage One: making a complaint
10. |
Where any member of staff or any student of the School believes that a breach of these Regulations has been committed by a student, s/he may submit a complaint in writing to the Secretary & Director of Administration (hereafter 'the Secretary'), or his/her nominee, who shall consider whether, and if so by whom, it should be investigated. The investigating officer must interview the subject/s of the complaint and present a report to the Secretary, or his/her nominee. In appropriate cases, the Secretary may refer the matter to the police. |
11. |
If as a result of the investigation the Secretary is satisfied that there is a case to answer, s/he shall refer the complaint to a Deputy Director who will decide whether: |
|
11.1 |
the complaint should initially be addressed informally by the Dean of Undergraduate Studies or the Dean of Graduate Studies under paragraphs 15 to18, particularly where the allegation is of a minor act of misconduct and involves an aggrieved party from within the School, or |
|
11.2 |
the complaint will be dealt by him/herself under paragraphs 19 to 22,or |
|
11.3 |
a Board of Discipline should consider the complaint under paragraphs 23 to 32, or |
|
11.4 |
the complaint should be handled under other, more appropriate, procedures (e.g. Regulations on Assessment Offences: Plagiarism, Regulations on Assessment Offences: Offences Other Than Plagiarism, or Procedure for considering allegations of harassment involving students), or |
|
11.5 |
the matter should be reported to the Police. |
12. |
At any time the Secretary may recommend to a Pro-Director the immediate suspension or exclusion of the student or students complained about from all or any specified use of School facilities and/or premises. |
13. |
In deciding whether to suspend or exclude a student, the Pro-Director should consider issues such as the seriousness of a complaint against the student, the risk of an immediate breach of public order or physical injury to any individual and any other relevant matters. Any suspension or exclusion must be reviewed by a Deputy Director at least every 3 weeks. |
14. |
A student who is suspended or excluded may appeal in writing to the Director who shall confirm, annul or amend the Pro-Director's decision. |
Stage Two: informal process by a Dean
15. |
On receipt of information from the Secretary under Regulation 11, the Pro-Director may address the complaint by delegating the matter to the Dean of Undergraduate Studies or the Dean of Graduate Studies to resolve the case informally by such methods as, for example, a written apology or voluntary work. |
16. |
The Dean may call an informal meeting of the parties involved to discuss the case. No part of this discussion should be relied upon in any subsequent disciplinary action. |
17. |
An issue resolved informally will not be recorded as a disciplinary offence against a student, although a written record of any resolution will be kept by the Secretary's Division. Informal settlements should not involve the imposition of any sanctions listed under Paragraphs 31.4 to 31.8 of these Regulations. |
18. |
Cases settled by the informal process should not subsequently be revived, although failure of parties involved in a complaint to agree to the terms of an informal resolution may result in the Dean referring the matter back to the Pro-Director. |
Stage Three: resolution by a Pro-Director
19. |
Alternatively, the Pro-Director may decide that the findings of the Secretary's report are too serious for an informal resolution (but not serious enough to warrant a Board of Discipline) and, after meeting the student to hear his/her account of the facts, impose any of the following sanctions: |
|
19.1 |
give an oral reprimand, which may or may not be recorded on the student's file; or |
|
19.2 |
give a written reprimand, a copy of which will be placed on the student's file; and/or |
|
19.4 |
implement a suspension from defined facilities of the School for a specified period; and/or |
|
19.4 |
make a compensation order. |
20. |
The Pro-Director will convey his/her decision to the student in writing. |
21. |
The student may contest the decision to uphold a complaint under paragraph 19 by writing to the Pro-Director within 7 days of receiving the decision and requesting a Board of Discipline to be established to consider the allegation (see paragraphs 23 to 32). Boards of Discipline may increase, as well as decrease, the severity of the sanction imposed by the Pro-Director under paragraph 19. |
22. |
A student who accepts a guilty verdict (i.e. s/he admits the offence) may appeal against the sanction only, by writing to the Director within 7 days of receiving the Pro-Director's decision, asking for him/her to reconsider the penalty imposed. The written appeal should explain the reasons for the appeal and provide any relevant information the student wishes the Director to consider. The Director may meet the student and will consider afresh what sanction should be imposed. The Director's decision is final. |
Stage Four: Board of Discipline
23. |
Having decided to convene a Board of Discipline under paragraph 11.3, or having received a request to do so under paragraph 21, the Pro-Director shall: |
|
23.1 |
normally appoint a person from the Secretary's Division who has had no previous dealings with the matter to act as Clerk to the Board of Discipline; and |
|
23.2 |
inform the student and the Secretary that a Board of Discipline is to be convened and identify the Clerk. |
24. |
Having received notification that a Board of Discipline is to be convened, the Secretary shall appoint a person to present the complaint against the student ("the Presenting Officer") and shall notify the Clerk and the student of the Presenting Officer's identity. |
25. |
It shall be the Clerk's responsibility to: |
|
25.1 |
Select the Board of Discipline in accordance by the process set out in Annex A; |
|
25.2 |
Ensure that as early as possible and not less than 7 days before the date of the hearing, the Presenting Officer informs the student of the allegation against him or her and the facts that give rise to the allegation; |
|
25.3 |
Inform the student of: |
|
|
a. |
the identities of the members of the Board of Discipline and of his/her right to object to a member under Regulation A6; |
|
|
b. |
the date of the Board of Discipline hearing; |
|
|
c. |
the student's right to representation under Regulation 26.1; |
|
|
d. |
any dates by which the student and/or the Presenting Officer shall have carried out any tasks, including the disclosure of any documents or names of witnesses. |
26. |
At the hearing of the Board of Discipline: |
|
26.1 |
The Presenting Officer and the student shall be entitled to be represented by an advocate of his or her own choice, who may be a lawyer. If representation is to be by a lawyer, notice should be given to the Clerk at least 7 days before the hearing. |
|
26.2 |
There will be no formal rules of evidence. The Board of Discipline may regulate the hearing of the evidence that it receives and may request further evidence and/or information. |
|
26.3 |
The Presenting Officer and the student may produce such documents and call such witnesses as are relevant, subject to the Board of Discipline's discretion. |
|
26.4 |
The Presenting Officer and the student shall each be entitled to examine any witness called. |
27. |
The Board of Discipline's deliberations shall be private. The decision of the Board of Discipline shall be by a majority. |
28. |
The Board of Discipline shall decide whether a disciplinary offence has been committed and what sanction(s) shall be applied under these Regulations. |
29. |
The Board of Discipline shall give its decision and brief reasons in writing to the student, the student's tutor or supervisor, the Secretary, the Director, and, unless the student otherwise directs, the General Secretary of the Students' Union. |
30. |
If a member of a Board of Discipline is absent during any part of the proceedings of the Board, s/he shall take no further part in the proceedings. His or her absence shall not invalidate the proceedings unless the number of those present throughout the proceedings (including the Chair) falls below 3, in which case the proceedings shall be adjourned and notice given of the time and place of the resumption of the meeting. A minor defect in the constitution of a Board of Discipline shall not invalidate its decision. |
Penalties for Breaches of these Disciplinary Regulations
31. |
Any or any combination of the following penalties may be imposed for misconduct: |
|
31.1 |
oral reprimand, which may or may not be recorded on the student's file; |
|
31.2 |
written reprimand, a copy of which will be placed on the student's file; |
|
31.3 |
counselling or training of one or both of the parties involved in a disciplinary case to prevent offending acts or behaviour from re-occurring; |
|
31.4 |
compensation, in money or money's worth representing the value of any property damage; |
|
31.5 |
a fine not exceeding a sum fixed by the Student Affairs Committee which until it decides otherwise shall be £250, which shall be paid within four weeks, or such greater time as the Director may allow, of it being notified to the student in writing. The School reserves the right to withhold, or, where appropriate to ask the University to withhold, the award of a degree or diploma to a student until such a fine has been paid; |
|
31.6 |
suspension from defined facilities of the School for a specified period; |
|
31.7 |
deferral of an offending student's course of programme of study for one academic year; |
|
31.8 |
expulsion from the School. |
32. |
In any case where a penalty is imposed (other than a reprimand) the Director or the authority imposing the penalty may suspend its coming into force conditional upon the good behaviour of the offender for a specified period not exceeding the remainder of his or her period of study at the School. |
Stage Five: appeal against a decision of a Board of Discipline
33. |
The student may appeal against the decision of a Board of Discipline by writing to the Director within 12 days of being sent the decision under Paragraph 31. The notice of appeal must set out the reason and grounds for the appeal. Upon receipt of the appeal, the Director shall consider whether to: |
|
33.1 |
summarily dismiss the appeal, sending a Completion of Procedures Letter to the student, or |
|
33.2 |
direct that an Appeals Committee be convened and direct it as to the specific issues to be considered, and appoint a Clerk to that committee. An Appeals Committee can increase, as well as decrease, the severity of a sanction imposed by a Board of Discipline. |
34. |
The Clerk will: |
|
34.1 |
convene an Appeals Committee in accordance by the process set out in Annex A; |
|
34.2 |
notify the student and the Secretary of the identities of the members of the Appeal Committee and of the specific issues to be considered; |
|
34.3 |
inform the student of his/her right to object to a member of the Committee under Regulation A6; |
|
34.4 |
inform the student of his/her right to representations; |
|
34.5 |
inform the student and the Secretary of the dates by which they must perform any task, such as the disclosure of documents or other evidence to be relied upon. |
35 |
The Secretary may appoint a Presenting Officer to put the School's case to the Appeal Committee and to perform any preparatory tasks. |
36. |
The Appeals Committee: |
|
36.1 |
shall determine its own procedure and the Clerk will inform the student and Presenting Officer of its intentions; |
|
36.2 |
shall give the student and the Presenting Officer the opportunity to make submissions to it and to comment upon each other's submissions, and may direct that the submissions be oral or written; |
|
36.3 |
will not be obliged to rehear evidence, but may at its discretion do so and may allow new evidence to be called; |
|
36.4 |
having considered all relevant available evidence, shall make its decision on the basis of a majority. |
37. |
The Appeals Committee shall report its decision with reasons to the student, the Secretary, the Director, the student's tutor or supervisor and, unless the student otherwise directs, the General Secretary of the Students' Union. |
Completion of the School's procedures
38. |
Having received the report from the Appeals Committee or at the expiry of any limit of time for an appeal to be made, the Director shall send the student a Completion of Procedures Letter. |
39. |
The student shall have the right to complain to the Independent Adjudicator for Higher Education (OIA) in accordance with the OIA's rules (www.oiahe.org.uk). The Director shall receive and consider the Independent Adjudicator's formal decision and recommendations. |
Annex A
Boards of Discipline and Appeals Committee
Board of Discipline
A1 |
Where a Board of Discipline is to be convened, it will comprise: |
|
a. |
two student members appointed by the General Secretary of the Students' Union. Save where there is good reason not to do so, the student members will comprise one undergraduate and one graduate student, and |
|
b. |
a Lay Governor appointed by the Secretary and Director of Administration or his/her nominee, and |
|
c. |
two academic members of staff appointed by the Vice Chair of the Academic Board using the Jury Selection Procedure. |
Appeals Committee
A2 |
Where an Appeals Committee is to be convened, it will comprise: |
|
a. |
student member appointed by the General Secretary of the Students' Union, and |
|
b. |
a Lay Governor appointed by the Secretary and Director of Administration or his/her nominee, and |
|
c. |
an academic member of staff appointed by the Vice Chair of the Academic Board using the Jury Selection Service. |
General
A3 |
No person shall be eligible for selection as a member of a Board or Committee if: |
|
a. |
s/he is the subject of the case intended to be referred to that Board, or |
|
b. |
s/he is the person who has brought the complaint, or |
|
c. |
s/he has previously been involved in the issue, or |
|
d. |
in the opinion of the Director (following referral from the Clerk), it would be unfair to the student if s/he were selected. |
A4 |
Only the Director may excuse a person selected to be a member of a Board or Committee from service on that Board or Committee. |
A5 |
A Board or Committee shall choose its own Chair from among the Lay Governor and academic members. A board or committee shall be quorate provided at least three members are present. |
A6 |
The student or the Presenting Officer may challenge the appointment of any member of a Board of Discipline or Appeals Committee. A challenge must be submitted in writing to the Clerk no later than three days after notification of the members of the Board or Committee has been given and must explain the grounds for objecting to the appointment. The Director shall determine whether the proposed Board or Committee member should be replaced. |
Annex B
Advice and Counselling
B1. |
Where an allegation of misconduct has been made, the complainant and the respondent receive, if they so wish, advice and counselling from the School or other appropriate professional individuals or organisations. |
B2. |
Advice and counselling given by the School will inform the individuals involved of the nature of any proceedings which may be taken, their rights, and courses of action open to them. Counselling will be available in respect of the personal welfare of the individuals involved. |
B3. |
The Dean of Undergraduate Studies, Dean of Graduate Studies, Adviser to Students with Disabilities/Dyslexia or Adviser to Women Students, as appropriate, will normally be responsible for ensuring that advice and counselling is available to students; and the Human Resources Director will be responsible for ensuring that advice and counselling is available to members of staff. | ^
|