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Residential Community

Regulation 27 Discipline Process

    Standard student disciplinary process for incidents

    The following will give you an overview of the overall disciplinary process and the steps involved.

    1. Fact finding meeting overview

    If you have been involved in an incident which may need to be followed-up, then you will be invited to an investigatory meeting held under Regulation 27 with the Residential Community Team. The invite will be sent via email to your University email address and will outline the incident(s) and alleged breach to be discussed and will highlight where independent advice and support can be found.

    This meeting may be online or in person.

    You will be offered two dates to meet and the opportunity to bring someone with you as support (a student representative - see more details about this role below).

    There is often confusion around the level of proof that is required in relation to an incident which may have a disciplinary outcome. Your involvement in an incident is considered on the balance of probability.

    If you are not able to meet on the proposed dates, then you should let the Residential Community Team know as soon as possible by responding to the email invite. The Residential Community Team will then offer you an alternative date. If it isn't possible to meet - due to vacation or exam commitments - then you will be invited to submit a statement for consideration. If you fail to respond to the team, or ignore correspondence, an outcome will be decided using the information available in your absence. If this is the case the team will deliver the outcome via email to your University account.

    Where an incident or allegation under Regulation 27 involves more than one student, the relevant member of the Residential Community 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.

    You will be informed if the case has been reviewed to the Student Discipline Review Group to be considered under Regulation 23 on Student Disciplinary Offences or the Registrar under Regulation 36 on continuation of student registration.

    2. What the meeting will cover

    The format for the fact-finding meeting can be different according to each situation - the following is a typical example of a what will be covered:

    • The details of the incident will be outlined to you.
    • You will be made aware of the regulation it is alleged you have breached.
    • You will have the opportunity to go through the sequence of events - clarifying your involvement and what happened (what, why, how, who, where, when) and to supply any evidence in mitigation.
    • If you indicate that there is other evidence which can be explored, witnesses or people involved in the incident who can provide further information, then the Residential Community Team may want to arrange an additional meeting(s).
    • You will be given the opportunity to talk to your student representative to ensure you have shared all the information you wish to raise.
    • The key incident points will be summarised to establish a common understanding of the incident - this will include any attitudes or behaviours exhibited.
    • You will be made aware of the possible consequences and potential disciplinary outcomes - so that you are fully informed. There are a range of penalties including fines, which differ according to the severity and impact of the incident.
    • You will be informed of how and when the final outcome will be communicated to you - this is done via email within 30 University working days of the day of the incident or the latest disciplinary breach in the case of multiple breaches.
    • The right of appeal will be explained in case of a sanction.
    • Finally - the meeting will be drawn to a close and there will be the opportunity for any questions. Should there be the requirement for a further meeting(s), this will be made clear here.
    3. What happens after the fact-finding meeting

    The next step is for the Residential Community Team to reflect on what was discussed during the fact-finding meeting. The RCT consider the case and any other associated evidence they have obtained during the process. They come to a determination based on the balance of probability. They will then communicate the outcome to you.

    If after careful consideration, the RCT are satisfied that there is a need to take disciplinary action then there are a range of penalty options (including fines). Along with your fine you might also:

    • be asked to pay for damage (if damage occurred).
    • be asked to partake in mediation or undertake training.
    • have a temporary ban on guests, access to areas such as other blocks or kitchens, parties, gatherings, etc.
    • be asked to formally apologise.
    • be transferred to another residential hall.

    If you have previously received a fine, then the penalties may escalate for any following disciplinary incidents. If the matter is serious or you may have been involved in several previous incidents that have required disciplinary action, then you may be asked to leave halls, or the case may be referred for investigation under Regulation 23.

    4. Appeals

    You have the right to appeal a disciplinary outcome decided by the Residential Community Team. Your appeals case needs to be submitted within 10 University working days of the date of the disciplinary outcome letter (15 days if related to possession, use and support of illegal substances of Regulation 27 Section 5).

    There are four specific grounds for an appeal:

    • (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 Residential Community Team 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 Residential Community Team who originally made the decision in the case is excessive and not proportionate to the offence

    What cannot be considered as grounds for appeal is your ability to pay. If you are in financial difficulty and need advice about how to pay your fine, then please contact Student Funding - studentfunding@warwick.ac.uk

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

    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 Student Discipline 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

    If an appeal goes forward and a panel is convened to review the outcome of the meeting, then please be aware that the panel has the right to increase disciplinary measures as well as rescind or reduce them.

    5. What you can do to prepare

    It will help the process if you:

    • let the Residential Community Team know which date you can meet on from the dates you have been offered.
    • make sure you know where the meeting is taking place.
    • think about suitable support - if you want someone to attend with you (see the student representative role below).
    • If you have a student representative, make sure you have taken time to talk to them before the meeting.
    • make sure you have read the regulations, Warwick's Values and the rulesLink opens in a new window for Life in Halls.
    6. The role of the student representative

    Not every meeting will require representation as support, however, these notes provide a framework for the student representative. Whoever attends to support you, their role is the same.

    Students have the right to have someone to support them through the process. This may be a friend, a flatmate or even an advisor from the Students’ Union Advice Team.

    You may not bring anyone as a representative if they were involved in the incident under consideration, including as a witness to the incident.

    The student representative:

    • needs to have previously discussed with you what you want to say about the incident under consideration.
    • is there to ensure that you have said everything you want to say and covered all the points you wanted to raise.
    • can pause the meeting if they feel that they need to talk to you.

    If a representative is present, then you need to be clear with them that they are not able to speak on your behalf. It is important that you have the opportunity to talk directly with the RCT. This helps to clearly establish the facts for an incident since the student representative was not present at the time of the incident.