Standard student disciplinary process for incidents

The following will give you some idea of the standard 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 receive notification from the Residential Community Team (RCT) inviting you to a meeting.

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).

The following will be covered at your fact-finding meeting:

• Why the meeting has been called and what University Regulation it is under.
• The role of the student representative if you have one for support (you may not feel this is necessary).
• An outline of the incident and your opportunity to explain what happened.
• A discussion of potential outcomes and possible penalties (if any) so that you are clear what consequences there may be.
• How and when the final outcome will be communicated.
• The important right of appeal - should there be any penalty.
• If there is a need to arrange a further meeting(s) to explore evidence shared or talk to witnesses.

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 get in touch with the RCT. The RCT will try to arrange another meeting 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 prior to the outcome being decided on the information available.

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).
• 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.
• The right of appeal will be explained.
• Finally - the meeting will be drawn to a close and there will be the opportunity for any questions.

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.

There are four specific grounds for an appeal:

• That there was a material irregularity or failure in procedure.
• That there appears to be prejudice or bias in the decision making.
• New evidence has come to light which was not available at the time of the fact-finding meeting.
• That the penalty is excessive and not proportionate (consistent).

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

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 RCT, 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 10 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 rules 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.

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.