WILTSHIRE COLLEGE CODE OF CONDUCT AND DISCIPLINARY PROCEDURE CONTENTS. Student Code of Conduct. Student Code of Conduct and Disciplinary Procedure

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1 WILTSHIRE COLLEGE CODE OF CONDUCT AND DISCIPLINARY PROCEDURE Policy: Scope: Student Code of Conduct Student Code of Conduct and Disciplinary Procedure Review period: Annually CONTENTS 1. Introduction 2. The Code of Conduct 3. The Disciplinary Framework 4. Penalties 5. Panel Hearings 6. The Right to Appeal 7. Where misconduct also constitutes an offence under criminal law 8. Fitness to Practise 9. Appendix 1 The Disciplinary Framework

2 1. INTRODUCTION If there is evidence that a student has broken the rules outlined in the College Code of Conduct the Disciplinary Procedure will be used. Under this procedure the College and its nominated staff have the power to discipline students and to suspend or exclude any student for good cause. References within these procedures to any member of the College s staff shall include his or her nominated representatives. The essence of misconduct is outlined in the Code of Conduct and relates to behaviour that: interferes with the safe functioning of the College or the safety of those who study or work in the College, and/or otherwise damages College property or the College reputation, and/or fails to represent the professional standards of behaviour the College expects of its students, and/or constitutes a criminal offence The Disciplinary Procedure seeks to ensure that in all decisions regarding student discipline individuals are given a fair hearing, with representation if they choose, and with penalties that are proportionate. In the event of a serious breach, criminal misconduct, or where it is believed that the health, safety or welfare of an individual or individuals is put at risk by the continuing presence of a person or persons against whom allegations have been brought, they will be suspended immediately without prejudice and until a panel hearing is convened. Where there has been a serious breach and/or criminal misconduct, students should expect that the potential outcome and penalty imposed following the panel hearing will be exclusion. 2. CODE OF CONDUCT 1. Behaviour towards others must not be discriminatory and should always maintain the dignity of the individual. The bullying or harassment of individuals will not be tolerated. 2. Behaviour towards others must not be threatening, violent, aggressive, abusive, disruptive and, or obstructive to their learning. 3. All individuals must respect the rights of others to a quiet, clean, orderly and professional working environment. 4. Individuals must not behave in ways that put their own or other people s health, safety or welfare at risk and must observe all instructions with regard to Health and Safety

3 5. Individuals must not cheat in examinations or in course work 6. Individuals must attend all arrangements for assessment including Functional Skills examinations. Failure to do so will impact on your award of your overall qualification. 7. Individuals must abide by the attendance requirements of their College programme including English & Maths GCSEs / Functional Skills / tutorial and work experience 8. Individuals must respect the property of other people and that of the College and its premises. Theft or wilful damage of college or other people s property is not tolerated 9. Individuals must not possess or be under the influence of illegal substances, on College premises. 10. Individuals should not consume or be under the influence of alcohol on College premises. (The consumption of alcohol by this over 18s is permitted in licensed areas and some areas within Halls of Residence) 11. Individuals must not carry illegal or offensive weapons on College premises or on College activities. 12. Individuals must not smoke whilst on College premises except in designated smoking areas. 13. Individuals must not bring the reputation of the College into disrepute through anti-social behaviour either on or off College premises or through use of s or social networking sites. 14. Individuals must abide by reasonable instructions issued by a member of the College s staff. 15. Mobile phones must be turned off or silent in all areas where teaching and learning activities are taking place unless a member of staff gives a specific instruction to the contrary. 16. Individuals bringing vehicles onto College premises must observe parking and speed restrictions and drive with care and consideration for others. 17. Individuals must abide by the ILT Acceptable Use Policy (AUP) for college information systems such as computers, estudy and the internet. Behaviour that contravenes the Code of Conduct will be dealt with through the Student Disciplinary Procedure. Where there is risk assessed evidence that a serious criminal offence

4 has occurred, the matter will be referred to the police for investigation. Any conduct that constitutes a criminal offence will be regarded as a breach of the Code of Conduct. 3. DISCIPLINARY FRAMEWORK The diagram in Appendix 1 outlines the framework within which acts of student misconduct should be dealt with. It should be noted that circumstances will occur where it may not be possible to employ the disciplinary procedure as it is described in Appendix 1. At Lackham or Salisbury, where misconduct occurs within the jurisdiction of the Head of Residential Accommodation Services he/she will act as the Curriculum Manager and refer on to either a Director of Campus or Director of Student Support & Engagement. This applies to misconduct in and around the Halls of Residence, on social and sporting activities organised by the accommodation team and on the campus after 4.30pm and during weekends when the accommodation team are on duty and may include both resident and non-resident students. In the case of Work Based Learners, the initial referral will be to a Senior Trainer Assessor, acting as Curriculum Manager, with further referral to the Operations Manager Wiltshire Enterprise, who will adopt the Deputy Director role within the described procedure. In circumstances of serious misconduct where immediate action may be required, as in Courses of Action 4 and 5, and where the relevant Curriculum Manager or Deputy Director are not available the matter will be referred to the Campus Duty Manager who adopts the role of the Deputy Director and has delegated responsibility to suspend students where necessary. 4. PENALTIES A student found guilty of misconduct may expect to receive measured, proportionate and progressive penalties and/or referral to internal and external support agencies that may assist the student avoiding further breaches of the code of conduct. The College will seek to use restorative justice measures when possible and appropriate, to help address conflict, build a student s understanding of the real impact of their actions and to take responsibility and make amends. In the case of breaches of the Code of Conduct covered by Action 2 in the disciplinary framework (Appendix 1) penalty options are limited to 1-6 below. In cases covered by Actions 3 and 4 any of penalty options 1-8 below can be applied.

5 In all cases a single option or combination of options can be imposed as appropriate. Any action taken under the disciplinary procedure and penalty imposed will be recorded in the student s file. Penalty Options 1. A Verbal Warning - a verbal warning with firm advice on how the student should correct their behaviour. 2. A Written Warning clear guidance as to what needs to be done by the student to improve their behaviour and a clear indication of what will happen if they do not. The student will be supported through this process. There may be a clear referral to internal/external support agencies and/or a requirement for compensation (see 3 below), and/or a requirement for unpaid community service (see 4 below), and/or loss of privileges (see 5 below). Parents of under 18s, employers and schools (14-16 students) will receive a copy. The written warning to students will be accompanied by a 4 week Contract of Behaviour (see Appendix 4) which will be monitored regularly and the school informed of progress. 3. A Final Written Warning a clear warning that if the behaviour that has resulted in this disciplinary procedure is repeated, or there is a breach of college rules of similar gravity, then this will lead to a Panel Hearing at which, if the allegation is proven, there is the strong likelihood of suspension or exclusion. The final written warning may be accompanied by penalties 4 and/or 5 and/or 6 below. Parents of under 18s, employers and schools (14-16 students) will receive a copy. 4. Compensation - the student is required to pay a reasonable sum to the college or 3 rd party by way of compensation for identified and quantified loss or damage. 5. A Requirement to perform Unpaid Services: the student is required to perform unpaid services for the college up to a maximum of 30 hours. 6. Restorative justice if appropriate, the student will have one or more mediated sessions with any individuals who have experienced negative consequences as a result of the student s misconduct. This will provide the student with an opportunity to make reparation for harm caused. Mediated sessions will be arranged through the campus Advanced Tutor.

6 7. Loss of privileges: a student may temporarily lose the right to access college amenities (e.g. social events/common room/residential accommodation) or financial assistance (16-18 Bursaries) or be required to step down from a position of responsibility. 8. Suspension A student may be suspended from the College. The student is prohibited from entering College premises and from participating in College activities for a fixed term, up to a maximum of 12 months. Suspension may be subject to qualification, such as permission to take an examination or supported with distance learning. If the student suspended is aged then the school must be informed in the first instance. The school will either collect the student themselves and/or arrange for the parent(s)/guardians to collect the student from college. The student should not be asked to leave until they are in the care / supervision of parent / guardian / school representative. If the student suspended is aged then every reasonable attempt should be made to contact the parents(s) / guardian to inform them that their son/daughter has been asked to leave College premises. 9. Permanent Exclusion A student is excluded and is no longer a member of the College. Re-admission to the College at a later date will be at the discretion of the Principal or Vice Principal Curriculum and Quality. The student is placed on the Excluded Student file 5. PANEL HEARINGS A Panel Hearing will be chaired by a Director of Campus and will comprise a minimum of one other College manager (Deputy Director) and/or the student s Curriculum Manager and a student representative. The tasks of the Panel are to determine whether the allegation of misconduct is proven and to determine an appropriate penalty where this is the case. The student, who is the subject of the hearing, has the right to be accompanied by another student or by parent(s)/guardian(s). Parents/guardians of students under 18 will normally be invited. For students the Panel Hearing will be chaired by the Director of Campus and will comprise 1 other manager (Deputy Director / Curriculum Manager / Head of School Partnerships) and/or the student s Tutor or Trainer Assessor and a school representative. The Hearing will always be held in collaboration with the school or Referring Agency. 6. RIGHT OF APPEAL All students excluded by a Director of Campus may appeal to the Principal or Vice Principal Curriculum and Quality if they believe that one of three grounds for appeal is satisfied.

7 that they were not provided with a fair hearing that there is new evidence unavailable at the earlier hearing that would have affected the outcome that the penalty imposed is disproportionate to the misconduct A request for appeal must be made in writing within 10 working days of the disciplinary decision having been communicated to the student. A request for appeal must identify the grounds of appeal. The Principal, or Vice Principal Curriculum and Quality, will determine whether the grounds are sufficient to allow an appeal. In the event of an appeal being allowed the Principal or Vice Principal Curriculum and Quality, or their nominee, will constitute and chair an Appeal Panel that will include one senior manager who has not been previously involved in the case and one student representative. The Appeal Panel will take evidence from the student and review the findings of the Panel Hearing. The student may be accompanied by a friend or parent(s)/guardian(s). The Panel may determine one of three outcomes and their decision is final:- (i) (ii) (iii) that both the finding of guilt and the penalty imposed be upheld that the finding of guilt is confirmed but that the penalty is re-determined that the finding of guilt is overruled 7. WHERE MISCONDUCT ALSO CONSTITUTES AN OFFENCE UNDER CRIMINAL LAW The College has the right to refer any criminal offence occurring on college property or during college activities to the police. The Deputy Director, to whom the misconduct is reported, will refer the matter to the police if the misconduct, if proved, constitutes a serious offence. (A serious offence is one, that in normal circumstances, is likely to attract an immediate custodial sentence if proved in a criminal court or one that can be tried as a criminal offence only at the Crown Court). If the alleged misconduct does not constitute a serious offence it will be dealt with internally under the Disciplinary Procedure. Where misconduct is referred to the police, no internal disciplinary action other than suspension will normally be taken until either a prosecution has been completed or a decision not to prosecute has been taken. In this respect the College will risk assess the situation and may defer action until the police and courts have dealt with the matter. In the event of a successful prosecution the penalty imposed by the criminal court will be taken into account in deciding the penalty imposed through the Disciplinary Procedure.

8 In the event of an unsuccessful prosecution or decision not to prosecute, the College will take disciplinary action as it sees fit. Where a person who claims to be the victim of a serious offence committed by a student does not wish the police to be involved, the Deputy Director may agree not to refer the matter to the police where he/she does not have a duty in this respect under child and vulnerable adult protection procedures. The Deputy Director will liaise with the Director of Student Support & Engagement (Senior Designated person for Child and Vulnerable Adult Protection). In these circumstances the College will normally proceed with internal disciplinary measures for the alleged misconduct. 8. VOCATIONAL PREPARATION: THE QUESTION of a STUDENT S FITNESS TO PRACTISE Behaviour that gives rise to concern about a student s fitness to practise within a particular job role (except where this may be associated with temporary illness, including mental health problems) will be dealt with under the Disciplinary Procedure. The College may determine that the proven misconduct of a student means that they are unfit to take up the job role and responsibilities to which the achievement of a particular qualification provides access. In this instance the student will be required to cease their studies and withdraw from their programme of study.

9 DISCIPLINARY FRAMEWORK APPENDIX 1 All breaches of the Code of Conduct referred to the relevant Curriculum Manager The Curriculum Manager may take one of 5 courses of action (1) Dismiss the allegation of misconduct No further action (2) Decide that the matter is minor and deal with the breach of misconduct through the issue of a verbal or written warning. (A second written warning will normally result in referral to Course of Action No. 3) (3) Decide that the matter is serious Refer to their Deputy Director who determines whether the misconduct, if proven, could result in exclusion. If so the matter is referred to a Panel Hearing. (4) Decide the matter is serious and there is a risk to persons or premises should the person against whom misconduct is alleged be permitted to remain on campus. Consult with Deputy Director who will suspend the student. (5) Decide that the misconduct constitutes a serious offence under criminal law. Consult with Deputy Director. Refer the matter to the police. Suspend student and defer action until the police and courts have dealt with the matter (see additional guidance). No further action Panel Hearing Chaired by the Director of Campus Evidence examined Student accompanied by a friend or parent(s)/guardian Refer matter to a Panel Hearing Right to appeal Allegation of misconduct not proven No further action No further action Allegation of misconduct proven Penalty determined Right of appeal Appeal to Principal or Vice Principal Guilt and penalty upheld Guilt upheld but penalty commuted Guilt not upheld No further action No further action No further action

10 Document title Document Information Student Code of Conduct and Disciplinary Procedure Version 2.2 Status Published First Issued September 2011 EDI assessed Maintained by QCG/SMT Revision History Version Date Details 2.0 August 2011 Review of existing policy to match new college structure 2.1 August 2012 Review of existing policy - Amendment in introduction and staff titles to reflect college 2.2 August 2013 structure Review of existing policy additional reference to attendance requirements of all elements of study programme and introduction of restorative justice as a penalty option.