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.
The appeal must be made in writing online to the Senior Wardens and submitted within 10 days of the date of the outcome letter (or 15 days if you have received a penalty relating to possession, use or supply of illegal substances under section 5 of Regulation 27).
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. You should email student dot finance dot cc at warwick dot ac dot uk to seek advice about how to make the payment.
An appeal can only be considered on one or more of the following grounds:
- there was an issue with the procedure or an material irregularity in the process e.g. quoting the wrong Regulation, incorrect incident information, etc
- there appears to be evidence of prejudice or of bias from the people making the outcome decision
- relevant new evidence has come to light which was not available as part of the original process. If evidence was available but was not presented then this is not considered to be new evidence
- the penalty imposed 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).
Regulation 27 appeals process
If you wish to register an appeal then you need to complete an online appeals form. You will need to be signed in with your Warwick ID. Your request will then be evaluated by a Senior Warden.
Please be aware that there may be delays in processing your appeal during the COVID-19 pandemic. We will do our best to get back to you soon.
The Senior Warden determines if:
- there are no grounds for your appeal;
- the original decision should be set completely aside; or
- there are grounds to vary the penalty or to put the appeal to a panel.
The Senior Warden will notify you of the outcome. If there are grounds for an appeal then the Senior Warden will organise a Residential Appeal Panel hearing. The Senior Warden will nominate a Warden or Deputy Warden to convene the Residential Appeal Panel. This person will chair the appeal hearing.
A Residential Appeal Panel consists of people who have no:
- previous involvement with the incident which is being considered; or
- personal links to the student who is making the appeal.
The Residential Appeal Panel consists of:
- a Warden or Deputy Warden (who convenes and chairs the panel);
- two fully registered Warwick students; and
- two members of the Residential Life Team.
You will be invited to attend this Residential Appeal Panel and make your case.
If you wish, you can bring a representative with you to support you. This may be a friend, or even an advisor from the Students’ Union Advice Team. It is important that you are aware that this person is not able to speak on your behalf. You need to present your own case. They can be there to ensure that you haven’t left something out or to help you remember evidence you wish to present.
The panel Chair will be in touch to arrange the hearing date and to provide information for you regarding support and any other queries about the process - such as representation and inviting witnesses (should this be required).
The Residential Appeal Panel may also take evidence from others and may need to reconvene the hearing on another date - depending on the complexity of the case being considered. The panel Chair will inform you if another date is required to consider your case.
Please be aware that the Residential Appeal Panel 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 panel could increase the amount or ask for additional measures - such as a written apology - or decrease the fine based on the evidence submitted.
The Residential Appeal Panel will consider the outcome of the appeal and the panel Chair will notify you of the outcome in writing. The panel aims to let you know within 10 working days of your appeal hearing 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 panel Chair will let you know if this happens.
The decision of Residential Appeal Panel 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.