College Disciplinary Procedures

A. Complaints
1. Where a member of the University feels a rule of the University or College has been breached by another member of the University, their guests or visitors he will have grounds for complaint.

2. Complaints may be lodged to any member of the Deanery directly or via a College Officer, Porter, College Tutor, or representative of LUSU.

3. Complaints must be made against named individuals and must indicate the specific nature of the complaint. In cases where a complaint is made verbally to the authorities mentioned in A. 2 (above), a written record of the complaint will be made that will form the basis of the investigation.

B. Investigation of complaints
1. The Syndicate and Council of the College empowers the Dean, Praefectus, and Assistant Deans to investigate complaints received from members of the University or witnessed by them. The investigating officer shall not also adjudicate in the case. As a result most cases will be investigated by the Praefectus (especially in serious circumstances) or the Assistant Deans. The Dean will only investigate cases that are to be referred to the University Dean, College Tribunal, or the University Tribunal.

2. Where the complaint is against members of another College the investigating officer, in consultation with the Principal, may either:
2.1 Pass the complaint on to the Dean of the College in which the alleged offender is a member
2.2 Refer the case to the University Dean.
2.3 With the consent of the Dean of the other College and/or University Dean investigate the matter himself for adjudication by his Dean.

3. Initial enquiries will normally begin informally but statements may subsequently be taken if required.

4. Members who are asked to see the Dean, Praefectus, or Assistant Deans as witnesses during an investigation have the right to be accompanied by their College Tutor or by one other friend or adviser (who should be a member of the University). Students are not allowed, unless the investigatory officer gives explicit permission, to be represented by another student who is accused of breaches of the University or College Rules as part of the incident for which the former was summoned

5. After initial enquiries the investigating officer will summon the person complained against to a meeting where he shall be:
5.1 Familiarised with the nature of the complaint.
5.2 Informed of the nature of the proceedings.
5.3 Informed that he has the right to silence.
5.4 Requested to offer an explanation

6. Members who are asked to see the Dean, Praefectus, or Assistant Dean for enquiries or the issuing of summary disposal may be accompanied by their College Tutor or by one other friend or adviser (who should be a member of the University). They should be advised of this right in the letter asking them to see the Dean, Praefectus, or Assistant Dean. Students are not allowed, unless the investigatory officer gives explicit permission, to be represented by another student who is accused of breaches of the University or College Rules as part of the incident for which the former was summoned

7. It is a breach of the university’s rules not to attend a meeting with the Dean, Praefectus, or Assistant Dean when summoned. The standard fine for this offence is £50 and the reissuing of a summons.

8. If the investigating officer believes that enough evidence is available to demonstrate that there has been a breach of the rules of the university or college they shall refer the case for Summary Disposal or, should the student desire, to the adjudication of the College Tribunal.

C. Summary Disposal: Adjudication
1. The member of College whom it is believed has breached the rules of the university or college shall be informed, in writing, of the rules it is believed have been broken; the place, date, and time of the adjudication; and their right to bring a representative or friend as outlined in B.5 (above). The member of College in question shall have the right to review any documentary evidence which the investigating officer intends to use at the adjudication. Requests to see this evidence must reach the investigatory officer at least one working day before the date and time of the hearing.

2. At the adjudication both the investigating officer and the member of college who is suspected of breaching a rule of the university or college shall enter the room together.

3. The investigating officer will outline which rules have been thought to be breached. The Dean, or nominated representative, shall ask the member of college who is suspected of breaching a rule of the university or college if they admit to the breach.

4. If the member of College admits to a breach of the university or college’s rules summary disposal shall be offered as in Section D (below). The student will be asked to state any mitigating circumstances that might affect the nature of level of the summary disposal.

5. If a breach is not admitted to adjudication shall take place. The investigating officer shall outline the case against the student; the student shall have the right to question the investigating officer and to make a case as to why he believes a breach has not taken place.

6. The investigating officer shall have the right to question the student but the student will have the right to speak at the end of the process.

7. On the balance of the evidence, the Dean shall make a judgement as to whether or not a breach has occurred.

D. Summary Disposal: Sanctions
1. The student will be informed in writing of the particulars of the summary disposal.

2. The following sanctions shall be available to the Dean, and they may be imposed separately or collectively:
2.1 A fine of up to £300, per breach. Part of, or all, the fine may be suspended at the discretion of the Dean.
2.2 An indefinite ban from the licensed area of the college
2.3 An indefinite ban from all college facilities except the foyer
2.4 An indefinite ban from residence in the college
2.5 Such other penalty as may be deemed appropriate.
2.6 A requirement to make such apologies as may be deemed appropriate to those who have been affected by the breach of the university of college rule.
2.7 The setting of compensation for loss or damage caused by the breach.
3. The Dean shall keep a written memorandum outlining how and why the judgement had been made.

E. Appeal against summary disposal
1. Having agreed to summary disposal, the member of the College shall be written to outlining its nature and informing them that they have the right to appeal should they wish. There will normally be fourteen days allowed for appeals to be made.

2. An appeal against a summary disposal can be made on the following grounds:
2.1 New evidence, not available when the case was adjudicated, may have affected the decision reached.
2.2 The level of the sanction was disproportionate.
2.3 The procedures set-out in the College and University Rules and laid down by the Senate were not correctly followed.

3. In the first instance the appeal shall be made to the Dean who will confirm or review the decision and write to the student outlining such information.

4. If the student is not satisfied with the Dean’s judgement as outlined in E.3 (above) they shall have leave to appeal to the University Dean.

5. Should grounds be shown upon which the University Dean’s judgement may be questioned the final right of appeal shall rest with the Pro Vice-Chancellor for the Student Experience. Subject to such an appeal a student also has the right of appeal to the Office of the Independent Adjudicator.

F. The College Tribunal
1. If a student does not wish to accept summary disposal via the Dean’s adjudication, as outlined in C.8 (above) or if the Dean feels that the case is more serious than those normally handled by him through summary disposal then the case shall be referred to the College Tribunal.

2. The Tribunal consists of five members: at least one of whom shall be the same sex as the defendant:
2.1 The Tribunal Chair, who will be a senior member of another College and shall not hold the position of Principal, Praelector, Dean, Deputy Dean, Sub-Dean, or Assistant Dean. The Chair will be elected by the Syndicate.
2.2 Two senior members of the College chosen by the Syndicate;
2.3 Two junior members of the College, chosen according to the constitution of the Junior Common Room.

3. No-one with substantive prior involvement in the case may serve on the tribunal.

4. There shall be a clerk to the tribunal, who shall normally be the Secretary to the Syndicate. If the Secretary of the Syndicate has prior knowledge of the case, then the Chair of the Tribunal shall also appoint a clerk. The tribunal shall be suspended or terminated by the Chair if the defendant’s case is bought before a court of law within the tribunal’s operation.

Notice
5. The defendant will be informed in writing of the breaches which he is alleged to have made and the date, time and place of the hearing.

6. There shall be a period of at least five days between the issuing of the notification of the calling of a tribunal and the holding of said tribunal.

7. The defendant will be informed in writing of his right to bring his college tutor or another friend or advisor (who should be member of the University) and of his right to silence.

8. Failure to attend a college tribunal shall normally attract a fine of £50 and the re-issuing of a summons.

Proceedings
9. At the start of the hearing the defendant will be asked to state whether or not they consider themselves to have breached the rules under investigation. The response will be noted. If the student admits the breach the tribunal shall move straight to summary judgement.

10. Both the Dean & the defendants may call witnesses if their evidence is material to the case in hand, provided that their names are submitted in advance to the Clerk of the tribunal. The Chair of the tribunal may exercise discretion about the number of witnesses each side can call, subject to a statement being made at the beginning of the hearing about how this discretion has been exercised.

11. The defendant, his representative, and the members of the tribunal all have the right to cross-examine witnesses. The student shall have the right to make a final statement.

12. The defendant and representative will not have the right to be present whilst the tribunal is considering its verdict.

13. Wherever possible, the business of the Tribunal shall be transacted in a single hearing. The members of the Tribunal may however call an adjournment, either at the members' instigation or at the request of either the College Dean or the member of the College whom it is suspected has committed a breach and at the discretion of the Chair. The report of the Tribunal's proceedings (see below) shall include an account of why and on what terms such an adjournment was called.

Verdict and Appeal
14. The tribunal shall record whether or not they believe a breach has occurred. The decision shall be made by simple majority. The chair shall have the casting vote.

15. If the tribunal agrees that there has been a breech, one or more of the sanctions below may be given for each breach, or breaches separately.

16. The Clerk shall inform the student in writing, normally within fourteen days, of the outcome of the tribunal based on the Chair’s report.

17. The member of the college concerned has the right of further appeal against the decision[s] of the tribunal to the University Dean and subsequently to the University Tribunal; such an appeal should be made normally within fourteen days.

Penalties imposed by the Tribunal:
18. A college tribunal may impose the following penalties:
18.1 A fine of up to £300
18.2 An indefinite ban from the licensed area of the college
18.3 An indefinite ban from all college facilities except the foyer
18.4 An indefinite ban from residence in the college
18.5 Such other penalty as may be deemed appropriate.
18.6 A requirement to make such apologies as may be deemed appropriate to those who have been affected by the breach of the university of college rule.
18.7 The setting of compensation for loss or damage caused by the breach.

F. Payment of Fines
1. All fines, be they imposed by the Dean or College Tribunal, are to be paid to the College Administrator by the date stipulated on the notice of summary disposal, and may not include more than £5 in coins.

2. The Dean or tribunal shall normally set the date of payment two weeks from the completion of the proceedings leading to summary disposal.

3. Failure to pay a fine within the time specified will result in:
3.1 An increase in the fine of up to £100 to be paid in addition to the original fine.
3.2 The activation of any suspended fines levied with the original fine.

4. In the case where action is taken in line with ‘3’ above, the College Member shall have an extended period in which to pay the newly levied fine, normally fourteen days from the date of issue of the new fine.

5. In a case where a summary disposal remains unpaid, the College will register the amount as a debt to the University, the failure to pay which will result in degree certificates being withheld.

6. The Furness College Council may adjust the foregoing upper limits on fines annually, provided that they do not exceed the maximum fine available to the University Dean.