Regulation 27 Appeal Process

Every student who has received a disciplinary outcome under Regulation 27 is advised in their outcome letter of their right to appeal. You can find more detail under Regulation 27 Section 6.

Disciplinary outcomes under Regulation 27 are determined on the balance of probability rather than on the higher burden of proof (which is beyond reasonable doubt).

An appeal is not about re-hearing a case in order to obtain a different outcome based on the original evidence.

If you have received a financial penalty (fine) but are unable to pay, then this is not grounds for an appeal. If you are in financial difficulty and need advice then please contact Student Funding for information on financial support available or Student Finance for payment options.

Appeals against decisions and sanctions made under Regulation 27, can be made only on one or more of the following grounds:

(a) there was a material irregularity or failure in procedure in the conduct of the original decision making process
(b) there appears to be evidence of prejudice or of bias in relation to the original decision making process
(c) relevant new evidence has come to light that the student was unable to present to the member of the Residential Community Team who originally made the determination in the case which may have made a material difference to the sanction applied
(d) the sanction imposed by the member of the Residential Community Team who originally made the decision in the case is excessive and is not proportionate to the offence (please refer to the fine tariff tables). Please be advised that disciplinary outcomes may be higher if this is a second (or multiple) offence(s).

Please be advised under (c) above, that you need to be able to demonstrate that something has changed since the original meeting(s). You may have evidence which was available to you at the original meeting(s) which you chose not to present and so was not considered by the RCT. This is not deemed to be 'new evidence'. For it to be considered as new evidence you need to demonstrate that you were denied the opportunity to present this evidence at the original investigatory meeting(s).

If you have admitted the charge of knowingly being possession of and/or using Class B or C illegal substances and you wish to appeal the level of the standard penalty outcome from the Residential Community Team, then you need to write to the Director of Conduct and Resolution. You need to set out your case together with any additional evidence within 15 University working days of the penalty being communicated. You can submit your appeal to: studentdiscipline@warwick.ac.uk

Regulation 27 appeals process

If you wish to register an appeal then you need to complete the online appeals form, you will need to be signed in using your Warwick ID. You must submit your appeal within 10 days of the receipt of the original outcome letter (15 days if related to possession, use or supply of illegal substances under Section 5 of Regulation 27) stating the grounds on which the appeal is brought and providing any evidence to substantiate the appeal, including any new evidence. Your request will then be evaluated by the Head of Residential Community.

The Head (or their nominee) will determine whether there are sufficient grounds in line with Regulation 27 Section 7 for the appeal to be made based on the appeal case submitted, deciding whether:

there are no grounds for your appeal;
the original decision should be set completely aside; or
there are grounds to vary the penalty.

Please be advised that a damage charge is a cost to put right and is not subject to the appeals process.

If the Head of Residential Community made the determination in the original case then the Director of Conduct and Resolution will determine if there are sufficient grounds.

The Head of Residential Community will notify you of the outcome via email, to your University email address, within 10 University working days of the date of the online appeal submission.

If there are grounds for an appeal then the Head of Residential Community will review all information available, including the appeal submission form, notes and admissions from the original investigatory meeting(s), the outcome of the investigatory meeting, any other relevant part who may have more information such as witnesses or other departments, and related incident reports. The Head of Residential Community may also request a meeting with the student making the appeal to discuss the matter in more details, either in person or via Teams. If required, the Head of Residential Community will be in contact to arrange this and to provide information regarding support and any other queries about the process, such as representation and inviting witnesses (should this be required).

If the Head of Residential Community requests a meeting, and if you wish, you can bring a representative with you to support you. More information on the role of the student representative can be found here, under Section 6 "The role of the student representative".

The Head of Residential Community may also take evidence from others and may need to reconvene the appeal meeting on another date - depending on the complexity of the case being considered. The Head of Residential Community will inform you if another date is required to consider your case.

Please be aware that the Head of Residential Community can:

reject - set aside the original decision;
confirm - leave the original decision as it stands; or
vary the original outcome which may be an increase to the original penalty.

If you have been fined the Head of Residential Community could increase the amount or ask for additional measures - such as a written apology or referral to Impact Sessions - or decrease the fine based on the evidence submitted.

The Head of Residential Community will consider the outcome of the appeal and they will notify you of the outcome in writing. The Head of Residential Community aims to let you know within 10 working days of your appeal meeting date. This may not always be possible. If a case is complex or is close to the vacation period then there may be a delay. The Head of Residential Community will let you know if this happens.

The decision of the Head of Residential Community is final and once the process is completed the case is considered closed.

Your outcome letter will have a section called “Completion of Procedures“. This includes information on how make a complaint to the Office of the Independent Adjudicator (OIA) if you feel that the process was not followed or unfair. You need to wait for the University to complete the appeals hearing process before you can escalate any concerns to the OIA. You have 12 months from the date of the outcome letter to escalate a complaint to the OIA. This date will be included on the outcome letter.

Appeals for possession, use or supply of illegal substances within on campus residences.

Where a student admits the charge of being knowingly in possession of and/or using a Class B or C illegal substance, they may only appeal the sanction given by a member of the Residential Community Team under Regulation 27 by submitting their appeal to the Director of Conduct and Resolution, together with the additional evidence within 10 University working days of the penalty being communicated.