***Last amended by Chair's action on 29 September 2017 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 shall be read in conjunction with, and are intended to supplement, University Regulation 23 on student disciplinary offences. The Registrar will make a determination as to the appropriate Regulation which will be followed should there be any doubt about which should be applied. In conjunction with Regulations 23 and 27, students should also read the residential accommodation contract and the associated Residential Handbook, which students are also required to observe. 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 has been, and is, prepared to use the normal procedures of the law in the event of offences such as violence, sexual harassment, theft or illegal drug possession, use and/or supply.
(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 within the University on a co-operative basis
- demonstrate a commitment to upholding the University’s policy on equality 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/studentbehaviour. These pages summarise key expectations for students and provide signposts to associated support as well as links to the University’s Dignity at Warwick Policy and other key Regulations including Regulation 23 on student disciplinary offences.
2.1 The persons responsible for the proper management of on-campus residences, and the enforcement of this Regulation are the University Accommodation Manager as Landlord, the Director of the People Group and the Residential Life Team comprising the Senior Wardens, Wardens, Deputy Wardens, Sub-Wardens and Resident Tutors. Students are expected to comply with reasonable requests from the University Accommodation Manager, Wellbeing Support Services staff and members of the University’s Residential Life Team, noting their primary role is as 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 within which students are contracted to be resident, which are located on one of the University of Warwick’s campuses and which are managed by the University.
2.3 Section 5 through 8 of this Regulation applies to students who are visiting in on-campus residential accommodation, even if they are not themselves resident on campus.
(3) General Provisions
3.1 A number of provisions relating to this Regulation are set out in more detail in the terms of the residential accommodation contract and associated Residential Handbook which students accept prior to their residency on campus, including but not exclusive to the following:
(a) the relevant letting period, associated accommodation fees and the expected payment schedule
(b) the conditions under which a residential accommodation contract can be terminated, including required notice periods to leave University accommodation and penalties should this be prior to the close of the contract agreed by the student when agreeing the contract
(c) the conditions under which the University can enter and/or search on-campus residential accommodation, individual rooms and communal areas
(d) the circumstances where additional administrative charges may be levied
(e) a student’s responsibility for the conduct of any invited visitor(s)
3.2 The University may vary any part of this Regulation in order to comply with its duty to make reasonable adjustments for people with disabilities.
(4) Disciplinary Offences within or in the vicinity, environs and precincts of on-campus residential accommodation
4.1 The following types of offences are examples of what will require disciplinary action under this Regulation:
4.1.1 Anti-social behaviour within University residences or its immediate confines such as:
(a) Disorderly conduct (including drunkenness)
(b) Unnecessary noise; selfish use of noise-emitting equipment
(c) Playing recreational games in close proximity to residences
(d) Disregard of such hours of quiet and visiting hours as published for the relevant residence
(e) Any behaviour causing a nuisance, inconvenience, or annoyance to other residents, particularly where a complaint is made by one or more other residents
4.1.2 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 such as:
(a) Changing rooms without formal agreement of the appropriate local member of the Residential Life Team
(b) Subletting, unauthorised shared occupancy of rooms or having visitors stay overnight without the express agreement of the appropriate local member of the Residential Life Team
(c) Holding parties in residential rooms and/or shared spaces in or immediately outside residences without the express agreement of the appropriate local member of the Residential Life Team
(d) Keeping a pet within residences or in the immediate vicinity of the residences
(e) Installing any additional electrical wiring, computer cabling, telephones, space heaters, TV or radio aerials on the roofs or in the loft of residences without the express permission of the appropriate local member of the Residential Life Team
(f) Changing locks on doors
(g) Using residential rooms for purposes other than private living accommodation or for study
4.1.3 Wilful or negligent damage, including flyposting, to the residential accommodation premises, or its fixtures, fittings and furnishings. Where such damage is attributable to or the responsibility of an identified student and they admit responsibility, they shall be subject to the relevant fine outlined in the University’s standard fine tariffs as set out in section 6.2 below and will also be required to repay to the University the cost or a proportion of the cost of repair, renewal or replacement. Where damage cannot be attributed to an individual student the Warden may hold responsible the group of students living in the area in which the damage or loss has occurred and may levy each student a fine in line with the University’s standard fine tariffs, plus charges to cover the cost of repair, renewal or replacement. If liability for and/or the cost to rectify the damage are not agreed by the student(s) or should the case have other exceptional aggravating or mitigating features, the Senior Warden will give consideration as to whether the incident should be recommended to the Registrar to be progressed under section 8 major offences of Regulation 23 on student disciplinary offences.
4.1.4 Activity endangering the health, safety and wellbeing of other residents, staff or visitors including but not exclusive to:
(a) Inappropriately setting off a fire alarm
(b) Misuse of or tampering with fire or other safety equipment
(c) Covering, blocking, damaging or removing fire sensor equipment
(d) Blocking a fire exit or propping open/damaging a fire door
(e) Smoking and/or lighting candles, incense or similar within the residence
(f) Any other minor breach of health and safety requirements that occurs within or is related to on-campus residential accommodation
4.2 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 Registrar who will consider whether or not to progress the case under section 8 major offences of Regulation 23 on student disciplinary offences.
4.3 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 should consult Wellbeing Support Services where 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 Registrar for consideration as to whether or not to refer the case under section 36.4(4)(c) of Regulation 36 governing student attendance, registration and progress or Regulation 23 on student disciplinary offences.
(5) Possession, Use or Supply of Illegal Substances within on-campus residences
5.1 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, 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, apply the following penalty:
(a) A formal reprimand which will be logged in the Registrar’s Office and will advise the student where he/she can seek advice and support; and
(b) A fine of £250 to be payable typically within two months of the incident, by the end of the academic year, or by the end of the student’s period of study, whichever is the first to arise.
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 only the above penalty only on the ground set out in paragraph 8.3 below. Should a student wish to appeal the penalty applied, they should submit their appeal to the Registrar together with the additional evidence within 15 University working days of the penalty being communicated.
5.2 Should a student be alleged to have been knowingly in possession and/or using Class B or C illegal substances though not all of the criteria set out in 5.1 above are met or the Senior Warden determines that the features of the case warrant it, a Senior Warden will escalate the case to the Registrar who will determine whether or not to progress the case under section 8 Major Offences under Regulation 23 on student disciplinary offences.
5.3 In cases either in on-campus residential accommodation or elsewhere on-campus where the student has previously been served a penalty from the University for an offence relating to illegal substances in line with the Misuse of Drugs Act 1971, a subsequent allegation of possession and/or using Class B or C illegal substances will be referred by a Senior Warden to the Registrar who will typically determine to investigate the case under section 8 Major Offences under this Regulation 23 on student disciplinary offences.
5.4 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, or other such serious and aggravating cases involving illegal substances, the case typically will be reported to the Police and the Registrar will typically determine to progress the case under section 8 Major Offences of Regulation 23 on student disciplinary offences taking into account any related Police investigation and/or criminal proceedings. Precautionary suspensions as set out in Section 4 of Regulation 23 on student disciplinary offences may be invoked in these circumstances.
6.1 In addition to that set out in section 5 above relating to illegal substances, the penalties that can be assigned individually or in combination are as follows:
(a) A written reprimand
(b) A verbal or written warning as to future conduct including, where appropriate, signposting to relevant support available
(c) A requirement to apologise in person or in writing either directly or indirectly to specific individuals impacted by the disciplinary offence
(d) A fine in line with the University’s schedule of tariffs that is approved and reviewed annually as set out in section 6.2 below
(e) A requirement to undertake community service, including volunteering in a local organisation with whom the University has an agreement for such activity (in line with related University protocols and health and safety requirements)
(f) A request to move to a different on-campus residence or other University managed residential accommodation
(g) Temporary removal for a specified time of residential accommodation privileges (e.g. ability to request visitors, ability to request holding a party/gathering)
6.2 The tariffs for fines associated to the most common breaches to this Regulation that will be applied by members of the Residential Life Team, and those who have the authority to issue such fines, will be published and made available to students and will be reviewed and approved on an annual basis.
6.3 Any fines levied under this Regulation will be used to provide support for students.
6.4 The Finance Director (or their nominee) will be responsible for the collection of any such fines issued under this Regulation.
6.5 Non-payment of fines may lead to a recommendation for exclusion from on-campus residential accommodation by the Senior Wardens to the Registrar who will determine whether or not to progress the case under Regulation 23 on student disciplinary offences. (Students who fail to pay fines shall also be subject to any other sanctions normally applied to debtors to the University.)
6.6 A student shall 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 the disciplinary regulations and this will be considered by any Discipline Committee which is convened by the Registrar should a case be referred for consideration under Regulation 23 as set out in section 4 above.
(7) Key Procedural Points
7.1 The invitation to any investigation meeting held under this Regulation will outline the incident(s) and alleged breach to be discussed and will highlight where independent advice and support can be sought and that the student may bring with them to the meeting another student of the University (not witness to or involved in the case) or a member of staff from the University or the Students’ Union in support. The student shall have the opportunity to present their views in writing and/or in person and supply any evidence in mitigation prior to the penalty being assigned in line with section 6 above. The student will normally be expected to speak on their own behalf in their own defence.
7.2 The student should be informed of the outcome of the investigation and any related proceedings, including whether it has been referred to the Registrar to be considered under Regulation 23 on student disciplinary offences or Regulation 36 on continuation of registration, including any penalty assigned under this Regulation in writing, typically within 30 University working days of the date of the incident or latest disciplinary breach if a case is being brought for multiple breaches. Should there be exceptional reasons why this cannot be the case, the student will be kept informed of the expected timescales.
7.3 Where an incident or allegation under this Regulation involves more than one student, the relevant member of the Residential Life Team is permitted to undertake only one investigation, however, the determination and outcome will typically take into account the evidence and involvement of each individual together with any individual mitigation that is put forward by each student.
(8) Appeals Against Determinations under this Regulation
8.1 Appeals against determinations made under this Regulation, with the exclusion of section 5, can be made only on one or more of the following grounds:
(a) that there was a material irregularity or failure in procedure
(b) that there appears to be evidence of prejudice or of bias in relation to the original outcome
(c) that relevant evidence has come to light which the appellant was unable to present to the member of the Residential Life Team who originally made the determination in the case
(d) that the penalty imposed by the member of the Residential Life Team who originally made the determination in the case is excessive and is not proportionate to the offence
8.2 The student must appeal to the Senior Warden in writing within ten University working days of receipt of the outcome letter, stating the grounds on which the appeal is brought and providing any evidence to substantiate the appeal including any new medical evidence.
8.3 The ground for an appeal against penalties assigned as set out in section 5 is that in the light of new evidence that the appellant was unable to present to the member of the Residential Life Team prior to them assigning the penalty, the penalty imposed by the authorised officer is excessive in relation to the offence committed.
8.4 The Senior Warden (or their nominee) will determine whether there are sufficient grounds in line with 8.1 for the appeal to be made based on the case submitted by the student, excluding cases where the Senior Warden made the determination in the original case where the Registrar will determine if there are sufficient grounds.
8.5 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 panel to hear appeals against decisions made or in mitigation of penalties imposed by Residential Life Team members under section 6 above, noting that the Residential Life Team member who made the original determination under section 6 above would not be permitted to be a member of this appeal panel. Where the original disciplinary action was taken by the Warden directly, a Senior Warden will convene the panel to hear the case. Should the original disciplinary action be taken directly by a Senior Warden, the Registrar will appoint a senior member of staff to convene the appeals panel to hear the case.
8.6 The residential appeals panel will be made up of the convenor as set out in section 8.5 together with two students normally chosen by local student committees and two members of the Residential Life Team.
8.7 The residential appeals panel can reject, confirm or vary the determination made by the original member of the Residential Life Team, including assignment of any penalty or penalties available under section 6 of this Regulation.
8.8 Following the hearing by the appeals panel, the student will be notified of the outcome in writing within ten University working days, highlighting that the decision of the panel is final and the internal proceedings in relation to the matter will be closed. Where appropriate, the panel convenor will issue a completion of procedures letter highlighting the ability to escalate the matter to the Office of the Independent Adjudicator.