Code of Student Discipline: Non-Academic Misconduct

1. PURPOSE OF THIS CODE

As members of the University, students subscribe to institutional regulations that enable all members of the Abertay community to live and work together in a constructive environment. These regulations require all members of the University community to observe certain standards of behaviour. This code provides a route map as to how the University will proceed where students do not comply with the standards of behaviour expected; the process through which allegations of misconduct will be considered; and the possible sanctions that may be applied where such misconduct is proven. The purpose of the Code is to be corrective rather than punitive; to help and encourage students to achieve and maintain acceptable standards of conduct; to ensure consistent and fair treatment for all; and to protect the University community.

The University has jurisdiction over the conduct of Abertay students:
i. where the conduct relates to the work of the University, whether on University property or elsewhere;
ii. where the conduct involves, affects or concerns other members of the University, whether on University property or elsewhere;
iii. where the conduct (a) jeopardises or damages or may jeopardise or damage the good name and reputation of the University, (b) causes or is likely to cause injury or impair safety to other members of the University, whether on University property or elsewhere, or (c) raises the question as to whether a student should remain a member of the University because they pose a danger to other members, or to the good order of the University, even where the conduct may not be related to the work of the University , may not have taken place on University property and may not have impacted directly on other members of the University.

The University distinguishes between the above and academic matters, which are dealt with elsewhere under the Code of Student Discipline: Academic Misconduct¹. Some cases, however, may incorporate allegations of both academic and non-academic misconduct. Examples include that of a student who fraudulently presents false information either verbally or in writing to the University (this may include falsified medical documentation, an untrue explanation of circumstances affecting study or false reasons for absence). Other examples include that of a student found to be in possession of unauthorized materials in an examination who, when challenged, becomes aggressive and/or abusive to the invigilator. In such cases, the Student Disciplinary Board will comprise members of both academic and non-academic staff and will be empowered to impose those penalties or sanctions found in both Codes of Student Discipline.

Where the misconduct is the subject of a police investigation and/or prosecution, the University will normally suspend the disciplinary procedure and await the outcome of any criminal proceedings before deciding whether or not to apply its own processes. A finding of guilt or acquittal in a criminal court will not preclude the University from thereafter taking disciplinary action in respect of the same incident.

The University may report to the police any allegation of criminal misconduct if it believes that this will best serve the interests of the University community or the wider public interest. This also applies to any investigations, prosecutions, and/or any enforcement or other action taken by any other bodies, including those acting under immigration regulations; national security or defence; the Student Awards Agency for Scotland; Health & Safety Executive; HM Revenue & Customs, or others.

Examples of misconduct are given in Appendix A. The list is not exhaustive and does not prevent the University considering and adjudicating on any other conduct or action that may be a breach of discipline, whether on University property or elsewhere. Students who are covered by the Fitness to Practice Policy and Fitness to Study Policy may also be referred to the appropriate procedure. Any student who assists a fellow student, or students, to commit misconduct will be deemed to have committed misconduct and will be dealt with in accordance with this procedure.

The time limit for raising an allegation of misconduct is normally six months from the date that the misconduct is alleged to have occurred, in line with the Complaints Handling Procedure. Cases of sexual misconduct will not be subject to any indicative time limit.

^{1: The intranet student conduct page can be found here: https://intranet.abertay.ac.uk/staff/structure/quality-assurance/student-conduct/}

2. SUSPENSION OR EXCLUSION FROM THE UNIVERSITY IN CASES OF URGENCY

In cases of urgency, the Principal, the Deputy Principal, or the University Secretary shall have the power to take immediate action to suspend or exclude a student temporarily from the University. These powers will only be used if it is believed that such action is necessary to protect members of the University community or members of the public in general, or to protect a particular member or members. The terms ‘suspension’, ‘exclusion’ and ‘expulsion’ are defined in Appendix D.

Reasons for the decision will be recorded in writing and provided to the student. The student will also be informed of the duration of the suspension or exclusion, which will normally be 10 working days, in the first instance, and subject to review at the end of that period.

During any period of suspension or exclusion, all reasonable efforts will be taken to minimise any academic disadvantage to the student (e.g. provision of lecture notes, sitting exams away from the main examination locations etc). Suspension pending a hearing is not a penalty.

3. PROCEDURE IN CASES OF ALLEGED NON-ACADEMIC MISCONDUCT/OFFENCE(S)

An allegation of non-academic misconduct can arise in a number of ways; it may be reported via an incident report from a member of staff, such as Security or a lecturer, or a complaint from another student or member of the public. Where a complaint relates to a student’s behaviour, but has been raised through the Complaints Handling Procedure, it should be re-directed to this disciplinary procedure.

For the purposes of this Code, the following terms are used:

Reporting Person(s): any person(s) making an allegation of misconduct against the Responding Student, typically where that complaint relates to the individual e.g. bullying, harassment etc.

Witness: a third-party observer to an allegation of misconduct.

Responding Student(s): the student(s) against whom an allegation of misconduct has been made.

Fact-Finding Investigation

Before embarking on any disciplinary action, it is important that the facts are established through a preliminary fact-finding investigation. Alleged misconduct/offence(s) will initially be investigated by Authorised Investigators (AI), via interviews and evidence gathering. Different AIs will be used for the reporting and responding parties.

Reporting Person(s) (if applicable)

Where a complaint (i.e. report of alleged misconduct) has been made by a student, an AI with no prior involvement with the Responding Student(s) will contact the student(s) making the allegation(s) of misconduct and will normally conduct an interview with them to confirm their version of events. The AI will give reasonable notice of the time, date and place at which the student(s) may attend. The student will have an opportunity to submit a written statement regarding the allegation(s) prior to the meeting, at which they may be accompanied by another member of the University community² (i.e. a fellow student, a member of staff or a member of Abertay Students’ Association, or University support worker), and to present evidence. The AI will also gather evidence from other sources, such as witness statements. They may also conduct interviews with members of staff and/or other students.

Responding Student(s)

As part of the fact-finding investigation an AI with no prior involvements with the Reporting Person will normally conduct an interview with the student(s) against whom the allegation(s) of misconduct have been made, in order to confirm their version of events in a report to the Student Disciplinary Panel. The AI will inform the student(s) as soon as possible of the alleged offence or offences and give reasonable notice of the time, date and place at which the student(s) may attend. The student(s) will have an opportunity to submit a written statement regarding the allegation(s) before the meeting, which should indicate whether they intend to admit or deny responsibility. At the meeting, the student(s) may only be accompanied by another member of the University community, i.e. a fellow student, a member of staff or a member of Abertay Students’ Association, or University support worker. By exception, a family member or non-University support worker might be requested to act as their representative. The student(s) will have the opportunity to present evidence and/or make a statement in mitigation, if they wish. Failure to attend the meeting will not preclude the AI from making their report to the Student Disciplinary Panel, based on the evidence available. The AI will also gather evidence from other sources, such as witness statements, and may also conduct interviews with members of staff and/or other students. The AI will consult Academic Services to ascertain whether the student has a previous record of misconduct.

In both cases, the AIs will encourage the student(s) to seek support from relevant sources, both internal and external to the University³.

Guidance for the Responding Student and Reporting Person is available on the intranet here:
https://intranet.abertay.ac.uk/staff/structure/quality-assurance/student-conduct/

The AIs will each submit the reports of their investigations to the Student Disciplinary Panel, which will take a view on whether, based on the balance of probabilities, misconduct has occurred and whether escalation to a formal Student Disciplinary Board hearing is warranted. 

In cases of alleged sexual assault, the AI will make the alleged victim(s) aware of local services, such as Dundee Women’s Aid, Rape Crisis, WRASAC and the Tayside Sexual Assault Referral Network (SARN), if they do not wish to report the matter to Police Scotland at the time.

Student Disciplinary Panel

The Student Disciplinary Panel (‘the Panel’) is intended to ensure a consistent approach to risk and needs identification, and their management. The Panel will be chaired by the Student Services Manager or appropriate nominee, who will convene a meeting with at least two members of Abertay staff not previously involved in the investigation, the Abertay Students’ Association Vice-President or their representative and a clerk.

Details of the Disciplinary Panel composition and conduct of the panel meeting are given in Appendix B.

In assessing the reports on the investigation, the Panel will give consideration to:

• the severity of the alleged misconduct
• the individual⁴ and organisational⁵ risks posed by the alleged misconduct
• the risk posed to the Reporting Person(s) by the Responding Student(s).

Following discussion, the Panel may:
(a) dismiss the allegation of misconduct;
(b) decide that, although misconduct did occur, the matter has now been resolved;
(c) decide that the best course of action is mediation/reconciliation between students involved;
(d) decide that misconduct did occur and offer the Responding Student(s) the option of a written reprimand;
(e) where the Responding Student(s) does not accept a panel decision under (c) or (d), refer the matter to a meeting of the Student Disciplinary Board to consider the alleged misconduct and determine the case in accordance with the procedures set out in Appendix C; or
(f) where the Panel believes that further consideration is required, refer the matter to a meeting of the Student Disciplinary Board to consider the alleged misconduct and determine the case in accordance with the procedures set out in Appendix C.

The Clerk to the Panel will communicate the decision to the student in writing normally within five working days of the date of the Panel meeting. For sanction (c), the notice confirming the decision will give an opportunity to accept a written reprimand and will detail the process to be followed should the reprimand not be accepted. The decision will also be communicated to Academic Services, in order to be lodged in the student’s record, where appropriate.

In addition, the Panel will make recommendations on any support and precautionary measures for all students involved, which will be communicated to the students involved and relevant members in the Faculty as appropriate. Support and precautionary measures may also be communicated to other University services, Abertay Students' Association or Sports Clubs where appropriate.

If the case proceeds to the Student Disciplinary Board, both the Responding Student and Reporting Person will be notified in advance and will receive a copy of statements⁶ for further written response.

Student Disciplinary Board

The Student Disciplinary Board (‘Disciplinary Board’) will normally be chaired by the Director of Student and Academic Services or appropriate nominee and will comprise of two other members of University staff, the Abertay Students’ Association President, or their representative, and a clerk.

Details of the Disciplinary Board composition and conduct of the hearing are given in Appendix C.

If misconduct is admitted or, following the hearing, established, the Disciplinary Board may impose one or more of the following penalties, as appropriate (this list is not exhaustive):
(a) a written or oral reprimand.
(b) exclusion for a period not exceeding 28 days.
(c) suspension of registered student status for a period.
(d) suspension of access to University facilities, such as IT and Library services.
(e) restitution or compensation for damage caused.
(f) expulsion from residence in University Halls of Residence.
(g) recommendation to the Principal that the student be expelled from the University.

The Disciplinary Board will communicate its decision to the Responding Student(s) in writing normally within five working days of the date of the Disciplinary Board hearing. The notice confirming the decision will give details of the right of appeal. The decision will also be communicated to Academic Services, in order to be lodged in the student’s record, and to the Faculty, in order to make any necessary support arrangements, if appropriate. Support and precautionary measures may also be communicated to other University services, Abertay Students’ Association or Sports Clubs where appropriate.

^{2: Or, by exception a family member or non-University support member.}

^{3: In cases of alleged sexual assault, the AI will make the alleged victim(s) aware of local services, such as Dundee Women’s Aid, Rape Crisis, WRASAC and the Tayside Sexual Assault Referral Network (SARN), if they do not wish to report the matter to Police Scotland at the time.}

^{4: For example, likelihood of further breaches of the code; impact of any breach of the code on the reporting person (if student), the responding student and other members of the University community; risk of harassment or bullying for the reporting or responding student; breach of other university policies, etc.}

^{5: For example, impact of any breach of the code on the wider University community; reputational risk to the University is it is considered to have failed in their duty of care to staff and students; breach of other university polices; risk associated with the professional role that the responding student is training for etc.}

^{6: Personal information of other individuals involved may be redacted from student copies, to comply with data protection requirements.}

4. RIGHTS OF APPEAL

Responding Student(s) may appeal against the decision of a Student Disciplinary Panel or Student Disciplinary Board, but only if there are valid grounds to appeal.

The only valid grounds for appeal are:
(a) procedural irregularity; or
(b) bias or prejudice; or
(c) substantive new evidence which has become available and which was not presented to the original Panel/Board for good reason.

An appeal against a decision of a Disciplinary Panel or Board must be made in writing to Academic Services, stating clearly the grounds of appeal, not more than 10 working days after the date on the decision letter. The appellant should also make explicit whether they are appealing the finding of the Panel or Board, the penalty imposed, or both the finding and the penalty.

On receipt of the appeal, the Appeal Panel Chair will review the case to determine whether there are grounds for the appeal to proceed.

If the appeal or complaint is deemed not to contain grounds to proceed, the appellant will be advised of this normally within 5 working days of receipt of the appeal and provided with the reason/s. The student will be informed of their right to seek an independent review of the University’s decision by the Scottish Public Services Ombudsman (SPSO).

If the Appeal Panel Chair considers that the appeal should proceed, the matter will be referred to an Appeal Panel, whose composition is detailed below under Appendix E.

Where an appeal is upheld, the Appeal Panel can remove the sanction and/or refer the matter back to the Student Disciplinary Panel or Board with recommendations for the matter to be reviewed. The panel can also reach a partially upheld decision, when appropriate. If the appeal is rejected, the Appeal Panel will review the level of penalty imposed and may confirm it, reduce it or increase it. The decision will also be communicated to the Faculty and to Academic Services, in order to be lodged in the student’s record.

As part of its review of the appeal, the Appeal Panel may also make recommendations to faculties or services in order to improve University services.

The decision of the Appeal Panel is final and concludes the University’s internal procedures.

5. COMPLAINTS

A student who remains dissatisfied with the operation of the University’s internal processes may have grounds to complain. Following internal processes⁷, students have the right to seek an independent review of the University’s process by the Scottish Public Services Ombudsman (SPSO).

The SPSO’s contact details are:
SPSO
Bridgeside House
99 McDonald Road
Edinburgh
EH7 4NS
(if you would like to visit in person, you must make an appointment first)

The freepost address is:
FREEPOST SPSO
Freephone: 0800 377 7330

Website: www.spso.org.uk

Online contact: www.spso.org.uk/contact-us 

^{7: See also The Complaints Handling Procedure.}

Appendix A – Examples of Misconduct/Offences under the Code

A person who, without good cause, seriously disrupts, abuses or interferes with the functions, duties or activities of any member of the University community or any University activity, is guilty of misconduct under this Code.

Examples of offences include, but are not limited to:

• Minor anti-social behaviour (this includes excessive noise at anti-social times, minor vandalism and throwing items out of windows).

• Refusal to leave a building during a fire alarm.

• Tampering with fire alarms or fire extinguishers.

• Using threatening, abusive or offensive language, whether expressed orally or in writing.

• Posting material which is defamatory, in breach of copyright or the Data Protection Act of 1998, brings the University in disrepute, constitutes bullying, harassment or otherwise generally unacceptable behaviour. This includes communication via email and social media⁸.

• Misusing or making unauthorised use of University premises or items of property, including computer misuse, infringement of copyright when copying or downloading published information.

• Intentionally or recklessly damaging University property or the property of any member of the University community.

• Behaving in a violent, indecent or threatening manner.

• Engaging in deception or other forms of dishonesty in relation to the University.

• Behaving in a way likely to cause injury to any person or impair safety.

• Carrying an offensive weapon.

• Harassing any member of the University community. For these purposes 'harassment' means behaviour or language which is regarded by the person to whom it is directed as harassment, and which would be regarded as harassment by any reasonable person⁹.

• Discriminating against any member of the University community on any ground such as colour, race, nationality, national origins, disability, sexual orientation, religion or belief, family circumstances, political beliefs, gender, gender reassignment, trade union membership, age, or any other unfair distinction.

• Deliberately doing, or failing to do, anything that thereby causes the University to be in breach of a statutory obligation

• Fraud, deceit or dishonesty in relation to the University, its staff, students and visitors.

  Misuse of drugs or alcohol.

• Sexual misconduct, relating to all unwanted conduct of a sexual nature, either in person or online. This includes sharing explicit personal images or videos without the person’s consent.

• Assisting another student, or students, to commit misconduct.

• Failing to comply with a previously imposed penalty under this Code.

Note: The standard of proof to be used in all discipline cases is the balance of probabilities. Any penalty imposed will take account of the severity of the actual misconduct, the wider circumstances, including any mitigating evidence presented by the student, and any previously recorded incidents in which misconduct by the same person was either admitted or investigated and established.

^{8: See also the Social Media Guidelines
9: See also University Bullying and Harassment Guidelines for Staff and Students}

Appendix B – The Student Disciplinary Panel

Composition of the Disciplinary Panel

The Chair of the Disciplinary Panel will normally be the Student Services Manager or their nominee.

Members of the Disciplinary Panel will normally be two Faculty Academic Advisors that are not from the same Department as the students involved, or alternatively drawn from the wider Disciplinary Board pool of staff. In addition, the Abertay Students’ Association Vice-President or their representative will attend as a member, along with a clerk to take notes and write the outcome letter on behalf of the Panel.

All members will be required to declare any potential conflicts of interest.

Conduct of Disciplinary Panels

The Disciplinary Panel will meet privately to review the alleged misconduct. Members will be provided in advance with evidence from the fact-finding investigation, which may include incident reports, AI reports, witness statements and any other relevant submitted evidence, such as letters, reports, video recordings, photographs, or screenshots. The Panel may invite Authorised Investigators (AI) to join the meeting in order to seek clarification on any points within the documentation, if required. AIs will be asked to leave the meeting once any queries have been addressed.

In reviewing the available evidence, the Panel will take each report of misconduct in turn to consider whether there are grounds for disciplinary and the severity of the alleged misconduct. The Panel may find that the alleged misconduct did or did not occur, based on a balance of probabilities, and consider sanctions available. If the Panel finds that more consideration is required, or that the sanctions available are not sufficient for the severity of the misconduct, the Panel may defer a decision to the Student Disciplinary Board.

The Panel will next consider the risks to the individuals (Reporting Person/s, Responding Student/s and any witnesses, as appropriate) and organisational risks to the institution. In assessing the associated risks, the Panel will recommend support mechanisms and precautionary measures for the students involved, to be recorded and communicated to students and relevant staff by the clerk. The Panel may also make recommendations to Faculties or Services involved, in order to improve University services.

Appendix C – The Student Disciplinary Board

Composition of the Disciplinary Board

The Chair of the Disciplinary Board will normally be the Director of Student and Academic Services or their nominee (a senior member of University staff).

Members of the Disciplinary Board will be drawn from a pool of staff, both academic and non-academic. Alongside the Chair, the Disciplinary Board will comprise two staff members and the President of the Abertay Students’ Association or their representative, and a clerk to record the decision of the Board.

No Board members will be drawn from the same Department as the Responding Student(s) and all members will be required to declare any potential conflicts of interest.

The Responding Student(s) will be informed in advance of the composition of the Board and given adequate notice of the date, time and venue for the hearing. The Responding Student will be provided in advance with a copy of the evidence related to the Reporting Person and witness' version of events¹⁰. They will be invited to submit a further written statement in response. At the hearing, the Responding Student(s) may be accompanied by one other member of the University community, i.e. a fellow student, a member of staff or a member of the Students’ Association (unless there are exceptional circumstances whereby e.g. a family member might be permitted to support or represent them). The Responding Student(s) should confirm prior to the hearing the name of any individual accompanying them and in what capacity they are accompanying the Responding Student(s).

As all relevant evidence is sought in advance, the Reporting Person and third-party witnesses to the alleged misconduct will not normally be invited to attend the Student Disciplinary Board unless the Board exceptionally has outstanding queries that require their oral evidence. Where possible, any queries will be asked in writing in advance of the Student Disciplinary Board hearing for response.

Conduct of Disciplinary Board hearings

The Disciplinary Board will meet in private prior to the hearing to agree the issues to be addressed and the details of how the hearing will be conducted. Where there is more than one Responding Student, each will normally be heard by the Board separately.

The Responding Student will be called into the hearing. The Chair will outline the procedures to the Responding Student, and then outline the nature of the allegation(s) against the Responding Student.

The Chair of the Disciplinary Board will invite the Chair/representative of the Disciplinary Panel to make a brief statement regarding the decision reached following the investigation at the meeting of the Panel. The Responding Student will be present to hear the statement.

The Board will take the opportunity to seek clarification on any points raised with the Chair/representative of the Disciplinary Panel before they leave the hearing.

Advisers: the Disciplinary Board may seek the assistance of a suitably qualified person at a hearing where it is considered beneficial, for example to explain technical aspects of the alleged misconduct, such as IT software capabilities, group project requirements etc. Such persons are not entitled to participate in disciplinary decisions but may provide advice to the Disciplinary Board at the invitation of the Chair. Where possible, a written statement will be sought in advance of the hearing and will be provided to the Responding Student.

If an adviser has been invited to the Board hearing, they will next be invited to join to answer relevant technical questions by the Board members before they leave the meeting. They will not be present for the Responding Student’s response or statements but may be invited in again to answer follow-up questions by the Responding Student via the Board Chair, or other questions raised at the hearing.

Reporting Persons and third-party witnesses will not be called into the hearing, unless by special request by the Board. The Board will decide in advance if there is a need for their attendance. If called, the Chair will outline the procedures to be followed during their attendance, after which any witness(es) will be called in individually to give evidence and provide any clarifications to Board members.

If the Reporting Person(s) or any third-party witnesses have been called by the Board, they will join the hearing individually to answer questions by the Board before leaving. They will not be asked to recount all evidence previously provided but to clarify outstanding queries. Appropriate risk mitigation measures will be put in place to ensure the Responding Student can hear the evidence (such as via video link) but not respond to it while the Reporting Person(s) and/or witnesses are present. The Responding Student may not question directly either the Reporting Person(s) or any witnesses. If they have any follow-up questions, these will be put to the Chair separately and the witnesses called in again to be addressed via the Board if appropriate.

The Chair will invite the Responding Student to make a statement in relation to the allegation/s.

The Responding Student and/or their representative may at this stage present supporting evidence to the Disciplinary Board. Evidence may include written submissions from third-party witnesses or, mitigating evidence, which should have been submitted to the Clerk no less than two working days before the hearing.

The Board will take the opportunity to seek clarification on any points raised with the Responding Student and/or their representative.

The Responding Student and/or their representative will be invited to address questions by the Board on any witness(es) or adviser statement(s).

The Responding Student and/or their representative will be invited to give a concluding statement. This will be the final stage at which new evidence can be submitted. Where a Responding Student introduces new material at the hearing, it will be at the discretion of the Board whether to accept the evidence. The Board reserves the right to consider any new evidence separately and may suspend or defer the hearing in order to consider any such submission.

The Responding Student and/or their representative will have the right to ask questions of any members of the Student Disciplinary Board at the hearing.

When all statements have been made and all questioning completed, all persons present other than the members of the Disciplinary Board must leave the hearing. The Clerk will, however, remain with the Disciplinary Board.

The Disciplinary Board will consider the evidence and reach a decision, which will be sent by the Clerk to the Responding Student in writing normally within five working days. The decision will also be communicated to Academic Services, in order to be lodged in the Responding Student record, and to the Faculty, in order to make any necessary support arrangements, if appropriate.

Where a Responding Student cannot attend the hearing, they may nominate another person to represent them but is not required to do so. Where a Responding Student elects to nominate another person to represent them at the hearing, written notification of this must be submitted in advance to the Clerk. A Responding Student may only nominate another member of the University community (i.e. a fellow student, a member of staff or a member of Abertay Students’ Association, or University support worker) as their representative, unless there are exceptional circumstances.

Where a Responding Student has been given sufficient notice to appear but does not attend, it will be at the Chair’s discretion whether the hearing proceeds in the student’s absence. Where a Responding Student has indicated their intention to appear but is prevented from so doing for reasons out with their control (for example by a medical emergency or having been taken into Police custody), the Board will re-convene at a later date in order to allow the Responding Student to attend.

^{10: Personal information of other individuals involved may be redacted from student copies, to comply with data protection requirements.}

Appendix D - Definition of expulsion, suspension or exclusion

Expulsion is the permanent termination of registered student status involving a total prohibition on attendance at or access to the University and on any participation in University activities. A student who has been expelled will not normally be eligible for re-admittance to the University.

Suspension of registered student status involves a temporary total prohibition on attendance at or access to the University and on any participation in University activities; but it may be subject to qualification, such as permission to attend for the purpose of an examination. Suspension should be used only where exclusion from specified activities or facilities is considered inadequate.

Exclusion involves selective restriction on attendance at or access to the University or prohibition on exercising the functions or duties of any office or committee membership in the University or Students' Association. It may also extend to restriction on access to other places such as hospital wards or school premises (where access to such places is integral to the student’s programme of study or professional training). The exact details of such exclusion must be specified in writing and elements of it may be temporary or permanent.

An order of expulsion, suspension or exclusion may include a requirement that the student have no contact of any kind with a named person or persons.

Appendix E – The Appeal Panel

Composition of the Appeal Panel

The Appeal Panel will normally comprise three members of Senior Management who will not have had any significant prior involvement in the matter, one of whom will act as Chair. No Appeal Panel members will be drawn from the same Department as the Responding Student(s) and all members will be asked to declare any potential conflicts of interest.

The Director of Student and Academic Services will appoint a clerk who will not have been involved in any prior decision making of the case to administer the Appeal Panel and record the decision(s). The appellant will be informed in advance of the composition of the Appeal Panel and given adequate notice of the date, time and venue for the hearing. At the hearing, the appellant may be accompanied by one other member of the University community, i.e. a fellow student, a member of staff or a member of Abertay Students’ Association or University support worker, unless there are exceptional circumstances whereby e.g. a family member might be permitted to support them instead. The appellant should confirm prior to the hearing the name of any individual accompanying them and in what capacity they are accompanying the appellant.

Conduct of Appeal Panel hearings

The Appeal Panel will meet in private prior to the hearing to agree the issues to be addressed and the details of how the hearing will be conducted.

The appellant should submit any evidence no less than three working days before the hearing. Where an appellant introduces new material at the hearing, it will be at the discretion of the Panel whether to accept the evidence. The Appeal Panel reserves the right to consider any new evidence separately and may suspend or defer the hearing to consider any such submission. The appellant will also be provided in advance with a copy of any new evidence provided since the Student Disciplinary Board.

The Chair will invite the appellant (and the person accompanying them) into the hearing. The proceedings and grounds for appeal will be outlined to them.

The Appeal Panel may invite the Chair of the Student Disciplinary Board, or another representative of the Student Disciplinary Board, to attend briefly to provide a statement on how the Board reached their decision. The appellant will be present to hear the statement.

The Appeal Panel will take the opportunity to seek clarification on any points raised with the Chair/representative of the Disciplinary Board before they leave the hearing.

Advisers: the Appeal Panel may seek the assistance of a suitably qualified person at a hearing where it is considered beneficial for example to explain technical aspects of the alleged misconduct, such as IT software capabilities, group project requirements etc. Such persons are not entitled to participate in Appeal Panel decisions but may provide advice to the Appeal Panel during the hearing at the invitation of the Chair. Where possible, a written statement will be sought in advance of the hearing and will be provided to the appellant.

If an adviser has been invited to the Appeal Panel hearing, they will next be invited to join to answer relevant technical questions by the Panel members before they leave the meeting. They will not be present for the appellant’s response or statements but may be invited in again to answer follow-up questions by the appellant via the Panel Chair, or other questions raised during the hearing.

Reporting Persons and witnesses will not be called into the hearing, unless by special request by the Panel. The Panel will decide in advance if there is a need for their attendance. If the Reporting Person(s) or any third-party witnesses have been called by the Panel, the Chair will outline the procedures to be followed during their attendance.

The Reporting Person(s) or any third-party witnesses will join the hearing individually to answer questions by the Panel before leaving. They are not expected to recount all evidence but to answer specific outstanding queries. Appropriate risk mitigation measures will be put in place to ensure the appellant can hear the evidence (such as via video link) but not respond to it while the Reporting Person(s) and/or witnesses are present. The appellant may not question directly either the Reporting Person(s) or any witnesses. If they have any follow-up questions, these will be put to the Chair separately and the witnesses called in again to be addressed via the Panel if appropriate. 

The Chair will invite the appellant or their representative to present their case. Where there is more than one appellant, each statement will normally be heard by the Panel separately.

The Appeal Panel will ask questions of the appellant or their representative. The appellant or their representative will have the right to ask questions of any members of the Appeal Panel at the hearing.

The appellant and/or their representative will be invited to give a concluding statement.

When all statements have been made and all questioning completed, all persons present other than the members of the Appeal Panel must leave the hearing. The Clerk will, however, remain with the Appeal Panel.

The Appeal Panel will consider the evidence and reach a decision, which will be sent to the appellant in writing normally within five working days. The standard of proof to be used is the balance of probabilities. The decision of the Panel will also be communicated to the Faculty and to Academic Services, in order to be lodged in the appellant’s record.

Where the appellant cannot attend the hearing, they may nominate another person to represent them but is not required to do so. Where the appellant elects to nominate another person to represent them at the hearing, written notification of this must be submitted in advance to the Clerk. The appellant may only nominate another member of the University community (i.e. a fellow student, a member of staff or a member of Abertay Students’ Association) as their representative, unless there are exceptional circumstances.

Where the appellant has been given sufficient notice to appear but does not attend, it will be at the Chair’s discretion whether the hearing proceeds in the appellant’s absence. Where the appellant has indicated their intention to appear but is prevented from so doing for reasons outwith their control (for example by a medical emergency or having been taken into Police custody), the Panel will re-convene at a later date in order to allow the appellant to attend.

Appendix F - Summary of student disciplinary process (Responding Students)

^{* Following the internal process, students retain the right to seek an independent review by the SPSO (see section 5. Complaints for details).}