***Revisions to Regulation 27 were last confirmed by the University Council at the meeting held on 8 July 2020, with changes taking immediate effect.***
Regulation Governing On-Campus Residential Accommodation Regulations
This Regulation applies to all students living in University on-campus accommodation. The following provisions must be read in conjunction with University Regulation 23 on Student Disciplinary offence and Regulation 45 on Payment of Annual fees, Residential Charges and Other Debts.
Further detailed information is contained here:
The Registrar will determine the appropriate Regulation to be followed should there be any doubt.
In conjunction with Regulations 23, 27, 36 and 45, students should also read and comply with the residential accommodation contract and the associated Residential Handbook (Life in Halls). Further information can be found here: https://warwick.ac.uk/services/residentiallife/lifeinhalls/
It should be noted that membership of the University or residence in any University accommodation offers no special protection against the law of the land. The University continues to be prepared to use the normal procedures of the law in the event of offences such as violence, harassment, discrimination, hate crime, sexual misconduct, theft or illegal drug possession, use and/or supply.
When investigating an incident or determining a sanction the standard of proof is the level of proof required to determine whether or not an incident occurred. In the civil law the standard of proof is based upon the ‘balance of probability’. This is the standard of proof used by the University.
Balance of probabilities means that the University is satisfied that an event is more likely to have occurred than not. Decisions are based on all available evidence and not simply a belief that something is likely to have happened.
The University may vary any part of this Regulation in order to comply with its duty to make reasonable adjustments for people with disabilities.
(1) Living as a Community
1.1 The University seeks to ensure its values are embedded in a way which supports an inclusive and dynamic culture that creates the conditions for our students and staff to succeed. All members of the University are expected to recognise their responsibilities and:
- behave in a way that respects the rights and dignity of others
- treat others fairly
- use each social interaction to display courtesy and good manners
- value differences in others and the contribution they make
- study, live and socialise within the University in a co-operative, inclusive way
- demonstrate a commitment to upholding the University’s policies on sexual violence and on equality, inclusion and diversity.
For further information on expected student behaviour within the University of Warwick community, students should refer to the University’s Student Behaviour webpages at warwick.ac.uk/about/values and the 'Dignity at Warwick' warwick.ac.uk/services/equalops/findsupport/dignityatwarwick.
2.1 The persons responsible for the proper management of on-campus residences, and the enforcement of this Regulation are the Director of Staff and Student Accommodation, the Director of Wellbeing and Safeguarding and, the Residential Life Team (RLT) comprising the Senior Wardens, Wardens, Deputy Wardens, Sub-Wardens and Resident Tutors. Students are expected to comply with all reasonable requests from these individuals, noting that their primary role is a key part of the University’s welfare and support network.
2.2 On-campus residential accommodation is defined as the confines, vicinity and precincts of the dwellings and associated social spaces within which students are contracted to be resident, which are located and managed on one of the University of Warwick’s campuses by the University.
2.3 Students who are resident on campus are responsible for the conduct of any invited visitor(s) to their residence. This Regulation applies to students who are visiting on-campus residential accommodation, even if they are not themselves resident on campus.
(3) Disciplinary Offences within or the confines or in the vicinity, and precincts of on-campus residential accommodation and associated social spaces
3.1 The types of offences listed below are examples of where disciplinary action can be taken under this Regulation Detailed examples are given in the Regulation 27 Procedural Information and Sanctions Handbook warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/. Regulation 23 (Student Discipline) will be used where the seriousness of the offence warrants it, for example sexual misconduct or racism, or where the offences listed below become repeated behaviour.
3.1.1 Anti-social behaviour within University residences or its immediate confines.
3.1.2 Non-compliance with any aspect of this Regulation, the relevant student residential accommodation contract or with any rule or requirement in the associated Residential Handbook. https://warwick.ac.uk/services/residentiallife/lifeinhalls/
3.1.3 Wilful or negligent damage, including flyposting, to the residential accommodation premises, or its fixtures, fittings and furnishings.
3.1.4 Activity endangering the health, safety and wellbeing of other residents, staff or visitors.
3.2 Where a Senior Warden determines that the severity of an individual incident warrants it or where there are repeated breaches of the disciplinary regulations, they can make a recommendation to the Director of Student Discipline and Resolution who will consider whether or not to progress the case under section 6 of Regulation 23 on student disciplinary offences.
3.3 Where there is inappropriate behaviour within residential accommodation, but there are visible signs of illness, mental health, psychological, personality or emotional conditions which may have, or are having a detrimental impact on the functioning of the individual student and/or other members of the residential community, the Senior Warden must consult Wellbeing Support Services. The ‘Fitness to Attend’ protocol may be initiated to endeavour to engage the student in appropriate support and potentially the agreeing of a Personal Care Plan. In line with the Fitness to Attend protocol, Wellbeing Support Services may determine to recommend the case to the Student Discipline Review Group (SDRG) for consideration as to whether or not to refer the case under section 36.4(5)(c) of Regulation 36 governing student attendance, registration and progress or under Regulation 23 on student disciplinary offences.
(4) Possession, Use or Supply of Illegal Substances within on-campus residences
4.1 Should a student admit to being knowingly in possession and/or using a Class B or C illegal substance in line with the Misuse of Drugs Act 1971 and/or the Psychoactive Substances Act 2016, it is their first offence known to the University, and the incident was within the University’s on-campus residential accommodation; the relevant Warden will consider the case and, should the case have no exceptional mitigating and/or aggravating features, will apply a fine or sanction in line with the Regulation 27 Procedural and Sanctions Handbook warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/ and https://warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/fines/)
A formal reprimand will be logged in the Registrar’s Office and the student advised where they can seek advice and support.
Where a student admits the charge of being knowingly in possession of and/or using a Class B or C illegal substance, they may appeal the sanction imposed only if they are able to provide new evidence that was not available at the time of the sanction being applied. Appeals to the Director of Student Discipline and Resolution, together with the additional new evidence, must be made within 10 University working days of the penalty being communicated.
4.2 Should a student be alleged to have been knowingly in possession and/or using Class B or C illegal substances and the Senior Warden determines that the features of the case warrant it, the case will be escalated to the Director of Student Discipline and Resolution who will determine whether or not to progress the case under section 6 of Regulation 23 on student disciplinary offences.
4.3 In cases either in on-campus residential accommodation or elsewhere on-campus where the student has previously received a sanction(s) from the University for an offence relating to illegal substances in line with the Misuse of Drugs Act 1971 and/or the Psychoactive Substances Act 2016, a subsequent allegation of possession and/or using Class B or C illegal substances will be referred by a Senior Warden to the Director of Student Discipline and Resolution who will determine whether to investigate the case under section 6 of Regulation 23 on student disciplinary offences or use the streamlined process set out in the Regulation 27 Procedural and Sanctions Handbook..
4.4 In cases in on-campus residential accommodation involving possession and/or misuse of Class A illegal substance and/or suspected intent to supply illegal substances in line with the Misuse of Drugs Act 1971 and/or the Psychoactive Substances Act 2016, or other such serious and aggravating cases involving illegal substances, the case will be reported to the Police and the SDRG will determine whether to progress the case under section 6 of Regulation 23 on student disciplinary offences taking into account any related Police investigation and/or criminal proceedings. Precautionary action, as set out in Section 4 of Regulation 23, on student disciplinary offences may be invoked in these circumstances.
5.1 The sanctions that can be assigned individually or in combination range from a written reprimand to removal from campus residential accommodation. The full list is set out in the Regulation 27 Procedural and Sanctions process document. https://warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/ and https://warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/fines/)
5.2 The tariffs for fines associated to the most common breaches to this Regulation that will be applied by members of the RLT and those who have the authority to issue such fines, will be published and made available to students. The sanctions will be reviewed on an annual basis by the Senior Wardens and the Director of Student Discipline and Resolution. (https://warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/fines/).
5.3 Any fines levied under this Regulation will be used to provide support for students.
5.4 The Finance Director (or their nominee) will be responsible for the collection of any such fines issued under this Regulation.
5.5 A student will not normally be allocated a room in on-campus residences for any future years of study at the University where there have been significant or repeated breaches of disciplinary regulations.
(6) Key Procedural Points
6.1 The process for investigating any breach of this Regulation are contained in the Regulation 27 Procedural Information and Sanctions Handbook that is reviewed annually by the Senior Wardens and the Director of Student Discipline and Resolution. https://warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/
6.2 The process for the conduct of any hearing and subsequent appeal are contained in the Regulation 27 Procedural Information and Sanctions Handbook. https://warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/
6.3 Following any official hearing or appeal the student will be notified in writing, within 10 days, of the decision of the panel.
6.4 The decision of the appeal panel is final and internal University proceedings, in relation to the matter, will be deemed closed. The panel convenor will issue a ‘Completion of Procedures’ letter highlighting the ability to escalate the matter to the Office of the Independent Adjudicator.
(7) Right of Appeal
7.1 Appeals against decisions and sanctions made under this Regulation, can be made only on one or more of the following grounds:
(a) that there was a material irregularity or failure in procedure in the conduct of the original decision making process;
(b) that there appears to be evidence of prejudice or of bias in relation to the original decision making process;
(c) that relevant evidence has come to light that the student was unable to present to the member of the RLT who originally made the determination in the case which may have made a material difference to the sanction applied;
(d) that the sanction imposed by the member of the RLT who originally made the decision in the case is excessive and not proportionate to the offence.
7.2 The detailed process for appealing are set out in detail in the Regulation 27 Procedural Information and Sanctions Handbook. https://warwick.ac.uk/services/residentiallife/lifeinhalls/regulations/
7.3 Should it be determined that there are appropriate grounds for an appeal, a Senior Warden will appoint a Warden, Deputy Warden or Sub-Warden who will convene a residential appeals panel to hear appeals against decisions made or in mitigation of sanctions imposed by RLT members. Where the original disciplinary action was taken by the Warden directly, a Senior Warden will convene the panel to hear the case. If the original disciplinary action was taken directly by a Senior Warden, the Director of Student Discipline and Resolution will appoint a senior member of staff to convene the appeals panel to hear the case.
7.4 The residential appeals panel can reject, confirm or vary the decision made by the original member of the RLT, including assignment of any sanctions or fines available under section 5 of this Regulation.