1 Misconduct Definition
7. Outcome of hearings
7.1 Should the Examinations Misconduct Committee or the Disciplinary Committee decide that the charge was not established, that decision will be communicated to all persons involved in the case, normally within seven days of the date of the hearing.
Examinations Misconduct Committee
7.2 Where the Examinations Misconduct Committee determines that a charge of misconduct has been substantiated on the balance of probabilities the Committee may order one or more of the following measures:
(a) an admonishment, with the requirement that the examiners assess the student on the basis of such of her/his work that is unaffected by the offence;
(b) the assignment of the minimum pass mark to a paper or papers, or assessed work, or both;
(c) the cancellation of the results in a paper or papers or assessed work and a mark of zero returned;
(d) the cancellation of the results in a paper or papers or assessed work and a mark of zero returned and any mark resulting from a resit capped at the condoned fail level (at 33 for levels 4, 5 and 6, or at 40 for level 7);
(e) the cancellation of the results in a paper or papers or assessed work and a mark of zero returned and the student not permitted to resit but permitted to take an alternative module (but with only one attempt at the assessment permitted);
(f) the student’s right to re-register for the paper or papers or assessed work withdrawn;
(g) the student’s right to be considered for an exit award withdrawn;
(h) the results for any or all of the examinations or assessments in a year or stage not to be considered by the relevant School Board of Examiners for a specified period of up to one calendar year;
(i) a recommendation to the Academic Board that the student’s award be revoked;
(j) expulsion.
7.3 The finding(s) and order(s) of the Committee will be notified in writing, normally within seven days of the hearing, and communicated to the student and Chairs of the relevant Programme and School Boards of Examiners and, where appropriate, to the relevant Head of School. A copy of the finding(s) and order(s) will be placed on the student’s file. A student will also be advised that the finding(s) may be taken into consideration in the event of a future substantiated offence.
Disciplinary Committee hearing
7.4 Where the Disciplinary Committee determines that a charge of misconduct has been substantiated on the balance of probabilities the Committee may order one or more of the following measures:
(a) a warning;
(b) a reprimand;
(c) payment of compensation for damage;
(d) conditions for the continuation of student status;
(e) exclusion for a stated period from specified activities or specified parts of the College, conditions for re-admittance may be specified;
(f) suspension for a stated period, conditions for re-entry may be specified;
(g) community service;
(h) a fine, up to £1,000 payable to a charity (not being King’s College);
(i) expulsion.
7.5 The Disciplinary Committee may order that the measures agreed will be imposed immediately or that the imposition will be deferred. The conditions of any such deferment will be clearly stated as part of the decision of the Committee.
7.6 The finding(s) and order(s) of the Disciplinary Committee will be notified in writing, normally with seven days of the hearing, to the student and the relevant Head of School and any other interested parties. A copy of the finding(s) and order(s) will be placed on the student’s file. A student will also be advised that the finding may be taken into consideration in the event of a future offence.
7.7 The Examinations Misconduct Committee and the Disciplinary Committee will have the discretion to indicate a point in the future, and the conditions under which, a substantiated allegation of misconduct may be considered spent.
7.8 Where a Head of School determines in response to the notification of the findings of an Examinations Misconduct Committee under Regulation 7.3 above or the findings of a Disciplinary Committee under Regulation 7.6 above that a student is unfit for registration and practice, the Head of School shall notify the Director of Students and Education Support in accordance with Regulations 10.1 of B5 Fitness for registration and practice regulations for consideration by a Fitness to Practice Committee.
7.9 Where a student who has been found guilty of misconduct holds a professional qualification which is registerable with a professional, statutory or regulatory body, the College may report the student to that body under Regulation 1.4 of B5 Fitness for registration and practice regulations.
8. Appeal
8.1 Following a hearing by the Examinations Misconduct Committee, the Disciplinary Committee or the Residences Disciplinary Panel (see B2 Residence regulations), an appeal submitted by the student against the finding(s) or order(s) or both may be allowed, subject to the discretion of the Principal as specified in Regulation 8.3 below.
8.2 An appeal must be requested in writing and lodged with the Director of Students and Education Support on behalf of the Principal, within 14 days of receipt of written notification of the decision or the order which is to be the subject of the appeal. The grounds for the appeal must be clearly stated as part of the request and appropriate documentation supplied.
8.3 The Principal will allow an appeal to be heard if he is satisfied that either or both of the following criteria apply:
(a) that there is new evidence that could not have been, or for good reason was not, made available at the time of the hearing;
(b) that evidence can be produced of significant procedural error on the part of the College before or during the hearing.
8.4 The Principal will have the discretion to take into account grounds (including grounds of compassion) other than those stated above in deciding whether to allow an appeal to be heard.
8.5 If the Principal decides to allow an appeal to be heard he will appoint an Appeal Committee. He will normally advise the student, in writing, of his decision on the appeal application within 40 working days of its receipt. If an appeal is rejected reasons will be given.
Appeal Committee
8.6 The terms of reference of the Appeal Committee shall be:
(a) to consider appeal cases referred to it by the Principal and to determine whether the evidence is of sufficient significance to cast doubt upon the reliability of the decision arrived at by the original committee;
(b) to make orders as detailed in Regulation 8.18 below;
(c) to advise the Academic Board on disciplinary matters.
8.7 The membership of the Appeal Committee shall be:
(a) a Vice-Principal, or other senior staff member nominated by the Principal to chair Appeal Committees under these Regulations,who will be the Chair;
(b) one member, appointed by the Principal from among the senior members of the College’s academic staff;
(c) one member, appointed by the Students’ Union from among the full-time sabbatical trustees or other student trustees of the Students’ Union.
No member of the Appeal Committee will be:
(d) a member of the Examinations Misconduct Committee or the Disciplinary Committee or the Residence Disciplinary Panel which made the order or decision against which the appeal is made;
(e) a member of staff or student of the same Department/Division/Group as the student;
(f) someone who has been directly concerned with matters relating to the order;
or
(g) someone who has a direct interest in the case.
8.8 The quorum for the Appeal Committee will be three.
Appeal Committee procedure
8.9 For the purpose of the hearing, a decision by the Committee on any point of procedure will be binding.
8.10 The Director of Students and Education Support will send written notice of the Appeal date, together with copies of all papers to be considered by the Appeal Committee, including a statement from the College Representative, to the student at least 14 days before the hearing date. If the student wishes to present any further evidence, this material must be supplied to the Director of Students and Education Support at least 10 working days before the Appeal date. The Director of Students and
Education Support will supply the members of the Appeal Committee, a minimum of five days in advance of the hearing, with the grounds for appeal with supporting documentation, the papers presented at the hearing from which the appeal arises and a statement from the College Representative in response to the grounds for appeal.
8.11 The student will have the right to be present during the hearing except as provided for in Regulation 8.14 below.
8.12 The student making the appeal, or her/his representative, will present her/his case against the decision or order made.
8.13 The Appeal Committee will consider the documents outlined in Regulation 8.10 above and may call persons connected with the proceedings from which the appeal arises to address the Committee.
8.14 The Appeal Committee may, at its discretion, at any time during the hearing of an appeal, order the room to be vacated, or may itself move to another room for private discussion. Only the Committee and the Clerk to the hearing will be entitled to be present at such times.
8.15 The Appeal Committee will normally reach its decision without adjournment, but may adjourn for a period not exceeding seven days for the purpose of deciding on the order to be made upon the appeal.
8.16 The decision of the Appeal Committee will be reached by a majority vote of the members of the Committee and will be announced as the decision of the Committee.
The votes of individual Committee members will be treated as confidential.
Appeal Committee outcome
8.17 The Appeal Committee may reject the appeal or uphold the appeal.
8.18 Where the Appeal Committee upholds the appeal, the Committee may order one or more of the following measures:
(a) modify or reverse the findings of the Examinations Misconduct Committee or the Disciplinary Committee or the Residences Disciplinary Panel;
(b) modify or reverse the order of the Examinations Misconduct Committee or the Disciplinary Committee or the Residences Disciplinary Panel.
8.19 The decision of the Appeal Committee and the order made will be announced by the Chair and will be sent in writing, normally within seven days of the appeal hearing, to the student, and to the Chair of the Committee/Panel from which the appeal arose, as appropriate. In communicating the findings of the Appeal Committee, the Chair will indicate the grounds upon which the findings are based.
8.20 A decision of the Appeal Committee will be final.