Non-Academic Misconduct Policy

1. Purpose

1.1 The purpose of this Code of Practice (“Code”) is to promote and secure the freedom of speech and academic freedom within the law for our students, staff, members and visiting speakers.

1.2. This Code sets out how UEL will follow the principles set out in our Freedom of Speech Statement to protect and promote freedom of speech and academic freedom within our community and for visiting speakers, guests and other visitors.

2. Policy Statement and Principles

Statement

2.1 All University of East London students are expected to adhere to the standards of behaviour required of them as a member of the University community. The following explains in full the procedures undertaken by the University to address reported allegations of breaches of any applicable University policy by a University of East London student. 

2.2 The University will usually appoint an Investigating Officer to investigate whether a student has breached the University of East London’s nonacademic regulations unless the Student Conduct Team deems that a reported incident would be more appropriately handled at the Local Level.

2.3 If the allegation is a Category 1 minor misconduct offence the Student Conduct Team will aim to assign an Investigating Officer from the School or Service which aligns with the Responding Student or the incident. 

2.4 If the allegation is classed as a Category 2 gross misconduct offence the Investigating Officer will be assigned by the Student Conduct Team from a pool of trained Investigating Officers.

2.5 Category 2 offences can include but are not limited to:

  • Possession of weapons
  • Possession of Class A drugs
  • Distributing any class of drugs, including psychoactive substances (e.g. nitrous oxide gas)
  • Sexual misconduct (see Sexual Violence and Misconduct Policy) 
  • Damage to safety equipment 
  • Repeated misconduct 
  • Physical and/or verbal violence
  • Harassment 
  • Abusive behaviour 
  • Breaching self-isolation after a positive result of infectious or notifiable disease
  • Breach of a Student Conduct Accountability Agreement

  
2.6 Category 2 offences may also include instances where the misconduct is frequent or repeated, or the Student fails to comply with disciplinary decisions or sanctions previously applied. 

2.7 A risk assessment may take place before or during any disciplinary process. The Assistant Chief Operating Officer (Health Gain and Student Experience) & Director of Student Services, or nominee, will Chair the Risk Assessment Team. To support student safety and well-being, the Risk Assessment Team will determine proportionate mitigations to introduce before and during any disciplinary processes.

2.8 The Risk Assessment Team will include senior staff from within Student Services including representatives with clinical knowledge, safeguarding training, and conduct policies. The Risk Assessment Team processes will be conducted in line with suggested Guidance agreed with the University Data Protection Officer. 

2.9 If potential sanctions include expulsion, suspension or exclusion, a formal Disciplinary Panel will hear the case at a Category 2 gross misconduct Disciplinary Hearing.

2.10 The University of East London recognises that incidents may occur which do not need to be investigated through a central disciplinary process. Academic Schools and Professional Services being able to recognise and intervene early in local incidents is likely to better improve the wider student experience, educate students on the required standards of behaviour and lead to more restorative resolutions. 

2.11 Any incidents which do not meet a satisfactory outcome at the local level or repetitive incidents may be referred to the Student Conduct Team for review, following which they would be either referred back to local level teams to resolve or pursued under an appropriate disciplinary process by the Student Conduct Team.

2. Principles

2.12 The core principles of this policy and procedure are that the process is accessible, clear, proportional, timely, fair, and of benefit to the wider student experience. 

2.13 The University of East London’s disciplinary process will operate in a fair and transparent manner in accordance with the principles of natural justice. It does not seek to reproduce elements of the criminal law and is not a formal legal process. 

2.14 The University reserves the right to carry out any of its internal disciplinary processes. This includes but is not limited to circumstances where reported behaviour does not constitute a criminal matter or if following criminal proceedings, the defendant was acquitted.

2.15 The University of East London approaches the storing and sharing of any Party’s data with the utmost care, consideration and proportionality to ensure fair processing for all Parties under the University’s disciplinary procedures. 

2.16 Individuals raising allegations of misconduct will normally be asked to confirm their allegations in writing, identify themselves and provide contact details. 

2.17 The University will not normally act in response to anonymous allegations of misconduct, however, anonymous reports may be used to inform policy, generate further guidance and initiate awareness campaigns to address. 

2.18 The University may terminate consideration of an allegation of non-academic misconduct complaint if it considers it to be frivolous or vexatious. The Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services will review such instances and if appropriate, they will write to the student explaining why the University is terminating consideration of the matter.

2.19 The standard of proof required for this disciplinary process is whether, on the balance of probabilities or based on available evidence the misconduct was likely to have occurred. 

2.20 In circumstances where the balance of probabilities is not satisfied or insufficient evidence has been provided, the University or the Disciplinary Panel may decide to take no further action in relation to the allegations. 

2.21 A student who is alleged to have committed an act of misconduct will be informed of the nature of the allegation and will be given an opportunity to respond to the allegation. They will also be informed of the disciplinary process being followed and made aware of support options available. 

2.22 The University will conduct the disciplinary process in a timely manner, aiming to complete the process within 90 working days from the start of the investigation but this will depend upon the unique circumstances of each case e.g. the disciplinary process may be paused if a criminal investigation is ongoing. 

2.23 The University will conduct its investigation into alleged misconduct in a fair and impartial way.

2.24 A student who is being investigated under this policy is entitled to be accompanied at any disciplinary meeting by a friend or a relative. The accompanying person cannot be a professional legal representative who has been employed to act on The Student’s behalf nor can they act in the capacity of a legal advisor, additionally, they are not permitted to speak on behalf of the student, issue statements, propose questions or address the Panel. An accompanying person is present solely for moral support. 

2.25 A student who is being investigated under this policy is entitled to be represented at any disciplinary meeting by a representative who is a support staff member within UEL. Students may request representation from the Wellbeing Team, the Independent Sexual and Domestic Violence Advisory Team or the Student Union Advice Team. A representative is permitted to speak on behalf of the student, issue statements, propose questions and address the Panel.

2.26 Sanctions imposed under this Procedure will be reasonable, proportionate and consistent with standards applied across the University. 

2.27 A student who is found, on the balance of probabilities, to have committed an act of non-academic misconduct has the right to appeal (Section 3.4) against any disciplinary finding or sanction. 

2.28 The University believes that the purpose of a disciplinary process is to help raise the standard of behaviour in its community which is for the benefit of the wider student experience.

3. Procedure

Disclosure and Reporting of an Incident

3.1 Any incidents of non-academic misconduct can be reported directly to the Student Conduct Team via the Report and Support tool available to all students and staff of the University of East London. Additionally, incidents can be reported by emailing the Student Conduct Team directly at studentconduct@uel.ac.uk or by reporting an incident to a staff member, who can then get in contact with the Student Conduct Team.

3.2 Any incidents of non-academic misconduct against staff can be reported via the Report and Support tool available to all students and staff of the University of East London. These reports will not be pursued under this policy, however, will be addressed and pursued by the appropriate team and process from within the University.

Precautionary Measures for Disciplinary Action

3.3 At times it may be necessary to mitigate risk and protect the University community by applying precautionary measures before the commencement of the non-academic misconduct process. 

3.4 Any such action is a precautionary measure only; it is neither a penalty nor sanction and does not indicate that the University has decided that The Student has committed misconduct. Its aim is to protect all members of the University community. Precautionary measures can be imposed before an investigation starting. 

3.5 The Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services, or nominee, makes the decision on whether to apply precautionary measures. The Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services, or nominee, will undertake a risk assessment and relay the Risk Assessment Outcome via a Risk Assessment Request form to the Student Conduct Team before an outcome is applied.

3.6 If the Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services, or nominee, reasonably believes that The Student poses a risk, they may, acting under delegated authority from the Vice-Chancellor and President issue the following: 

  • Partial exclusion of the Student. Restrict the Students’ access to certain parts of the campus(es), e.g. particular buildings, Halls of Residence or University events 
  • Full exclusion/ban of the Student. Restrict the Students’ access to all parts of the campus(es), e.g. all on-campus buildings including lecture halls, and all University events.
  • Restriction on who the Student is permitted to contact (e.g. a no-contact order may be issued) 

3.7 For apprenticeship courses, the University has the authority to exclude the apprentice from University activities, however, the future employment status of the apprentice is at the discretion of their employer. 

3.8 As part of their determination the Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services, or nominee, will consider whether specific arrangements can reasonably be put in place for any student subject to precautionary action, in order to minimise the impact on their studies and will liaise with The Student’s Academic School as appropriate.

3.9 The University may impose a requirement on all parties (including a student reporting a disciplinary concern) not to have contact with each other and with named others. This is called a mutual no-contact order. 

3.10 The Student will be informed in writing when a precautionary measure has been applied to them and the reasons for this, normally within two working days of the decision. 

3.11 The Student has the right to appeal the precautionary measures applied to them. The Student can appeal against the precautionary measures at any point during their application by writing to the Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services or nominee, expressing their reasons for the appeal. 

3.12 Any precautionary measures will be reviewed at regular intervals (and a minimum of every three months) to consider whether they should be revoked, extended or the terms amended. In the case of the University awaiting the outcome of any criminal proceedings or disciplinary process, the precautionary measures are likely to remain in place for the duration.

3.13 If The Student breaches the precautionary measures applied to them then this is non-academic misconduct and may be subject to further disciplinary action and/or any breach will be considered and addressed during the NonAcademic Misconduct hearing.

Category 1 Minor Misconduct Disciplinary Process 

3.14 The intention of the Category 1 process is to try and resolve less severe issues as constructively as possible in a timely manner to better equip students to adhere to the standards of behaviour expected of the University of East London community. 

3.15 The Category 1 process should be pursued where an upheld allegation is likely to result in a disciplinary sanction. 

3.16 Where it is not clear how the alleged offence should be categorised e.g., Category 1, Category 2 or Local Level, the Department/Staff member involved should contact the Student Conduct Team who will advise accordingly. The Student Conduct Team will have the authority to categorise allegations as they see fit.

3.17 Where insurmountable evidence to support a Category 1 incident is submitted, the Student Conduct Team may forgo a disciplinary investigation to limit disadvantage and mental strain to the Responding Student. Instead, the Responding Student would be contacted by the Student Conduct Team or the Residential Life Team to offer their perspective on the allegations and the evidence available, following which an outcome is determined and applied on the basis of probability by the Student Conduct Team. 

3.18 Insurmountable evidence may refer to CCTV videos, CCTV stills, videos, images, screenshots, access card records and/or multiple eyewitnesses. Where the evidence does not clearly highlight the matter of which the Student is accused a normal Category 1 process will process. 

3.19 A Responding Student may request, upon receiving a notice of disciplinary action, that a standard Category 1 process is undertaken and partake in a formal investigation should they wish. Such a request must be made to the Student Conduct Team via student.disciplinary@uel.ac.uk.

3.20 The Investigating Officer will review the allegation and the evidence and/or witness statements provided. The Investigating Officer will contact The Student inviting them to discuss the case so they can provide their response to the allegation and to offer any evidence which supports their case. 

3.21 The Investigating Officer will collect further evidence from relevant parties and make any further enquiries that they deem necessary for the investigation. The Investigating Officer is looking for evidence to determine whether, on the balance of probability, the alleged misconduct took place. 

3.22 The Student may choose to admit to the allegation and this admission may be taken favourably into account when considering what sanction, if any, to apply. 

3.23 If The Student does not take up the opportunity to speak to the Investigating Officer the disciplinary process will still proceed, and a finding will still be made based on the evidence available to Investigating Officer. It is strongly recommended that The Student engages with the Investigating Officer.

3.24 Once the investigation has concluded the Investigating Officer may make the following recommendations;

  • Suggest the evidence is insufficient/inconclusive therefore no conclusion can be made
  • Suggest the evidence shows that no misconduct has taken place. 
  • Suggest the evidence shows that misconduct has taken place but due to mitigating circumstances/information uncovered during the investigation either no penalty or a lighter penalty should be imposed.
  • Suggest the evidence shows that misconduct has taken place and a proportionate penalty should be imposed. 
  • Suggest the evidence shows that gross misconduct has taken place and that the case should be reviewed to progress to a Category 2 Formal Disciplinary Hearing.

3.25 The Investigator should complete the Category 1 Investigation Outcome form and the finding should be sent to the Student Conduct Team at studentconduct@uel.ac.uk. The Investigating Officer can recommend a sanction, but it will be the Student Conduct Team who apply the sanction to ensure sanctions are proportionate. 

3.26 Should the recommendation be to progress to a Disciplinary Hearing, this recommendation will be reviewed by the Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services or nominee. 

3.27 The Student Conduct Team will aim to formally write to The Student within three working days of the Category 1 Investigation Outcome form being received, notifying them of the outcome of the investigation and any sanction applied. In rare circumstances situations may arise where the outcome may be delayed, however, outcomes will be issued within a 7 working day deadline. 

3.28 The Student may appeal the finding and sanction by contacting the Student Conduct Team at studentconduct@uel.ac.uk within 10 working days of the date of their sanction letter. The appeal will only be accepted if it meets one or more of the following grounds:

  • The University has failed to follow the procedure set out in this Procedure.
  • The decision was unreasonable and/or a disproportionate outcome has been imposed. 
  • The student has material new information/evidence which was not reasonably available before.

3.29 The appeal will be heard by a Reviewing Officer, who will be the Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services, or nominee. They will not re-investigate the whole case but will review whether the correct processes were followed, review the assembled evidence (including any new evidence provided) and review the sanction applied to assess if it was unreasonable or disproportionate.

3.30 Once the review has concluded the Reviewing Officer may; 

  • Uphold the appeal as the correct processes were not followed. 
  • Uphold the appeal as the new evidence has changed the balance of probability so misconduct is now not found. • Reject the appeal and support the original finding and sanction. 
  • Reject the appeal and support the original finding but recommend a lesser sanction. 
  • Suggest a different University procedure be used to address the misconduct. 
  • Refer the case to the Formal stage if the Reviewing Officer believes that the case requires a panel hearing.

3.31 The Reviewing Officer will complete a written report, providing their decision and explanation for their decision. The Student Conduct Team will inform The Student of the outcome of the appeal within three working days. 

3.32 The decision of the Reviewing Officer will be final and there shall be no right of appeal.

Category 2 Gross Misconduct Disciplinary Process 

3.33 The Student may find their misconduct elevated to the Category 2 process if it is unable to be resolved at the Category 1 level, if the student misconduct is frequent or repeated, if the student fails to comply with disciplinary decisions or sanctions previously applied, or if the allegation is a serious Category 2 offence. If The Student is faced with the possibility of suspension or exclusion their case will be heard by a Disciplinary Panel. 

3.34 In the Category 2 process an Investigating Officer will be appointed centrally by the Student Conduct Team.

  • The Investigating Officer should not know the complainant, The Student or any witnesses. 
  • The Investigating Officer will review the allegation and the evidence and/or witness statements provided.
  • The Investigating Officer will contact The Student inviting them to discuss the case so they can provide their response to the allegation and to offer any evidence which supports their case.

3.35 The Investigating Officer will collect further evidence from relevant parties and make any further enquiries that they deem necessary for the investigation. The Investigating Officer is looking for evidence to determine whether, on the balance of probability, the alleged misconduct took place. 

3.36 If The Student does not take up the opportunity to speak to the Investigating Officer the disciplinary process will still proceed, and a finding will still be made based on the evidence available to the Disciplinary Panel. It is strongly recommended that The Student engages with the Investigating Officer and the Disciplinary Panel.

3.37 Once the investigation is complete the Investigating Officer will write an Investigation Report which will be shared with the Student Conduct Team who in turn will relay the information to the Disciplinary Panel and The Student(s). 

3.38 If The Student admits to an alleged breach throughout the investigation process and provides a satisfactory explanation for the allegation made against them, the Student Conduct Team will present the findings to the Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services or nominee who will be able to decide whether the case needs to progress to a disciplinary hearing or whether an appropriate penalty can be applied at this stage.

3.39 If the investigative process discovers no evidence whatsoever to support the allegations made against the Responding Party or a Risk Assessment determines an elevated risk to the Responding Student’s mental/physical health, the Student Conduct Team may present the case to the Assistant Chief Operating Officer (Health Gain and Student Experience) and the Director of Student Services or nominee who will be able to decide whether the case needs to progress to a disciplinary hearing or whether an appropriate outcome can be applied at this stage. 

3.40 If a Category 2 case is deemed to progress as normal, a Disciplinary Panel will be convened with administrative support provided by the Student Conduct Team for a Non-Academic Misconduct Disciplinary Hearing. The Disciplinary Panel members will be appointed by the Student Conduct Team. 

3.41 The Chair of a Disciplinary Panel will usually be a senior member of staff, such as a Dean of School, Director of a Professional Service or Head of a Professional Service. Panel members will have had no prior involvement with the Student(s) and will be employed by the University of East London. Where possible we will seek to ensure the composition of the panel reflects the diversity of our institution.

3.42 The Student(s) will be notified in writing that they are requested to attend a Disciplinary Panel and will normally be provided with at least seven working days’ notice of the hearing date. 

3.43 The Disciplinary Hearing will be organised and carried out through Microsoft Teams unless otherwise requested or deemed necessary by the Chair of the Disciplinary Panel or the Student Conduct Team. 

3.44 All relevant documentation available to the Disciplinary Hearing will be shared with The Student at least 3 working days before the hearing. 

3.45 The Student is permitted to call witnesses to the hearing. The names of any witnesses must be provided to the Student Conduct Team in writing at least 5 days before the hearing date so logistical arrangements can be put in place, unless otherwise communicated by the Student Conduct Team. If any of the witnesses are new to the case, i.e. they were not called as witnesses during the investigation, the Chair of the Disciplinary Panel will decide whether to admit them.

3.46 The University may also invite witnesses to the hearing, including any complainants. If it does so, The Student will be informed of this in advance of the hearing. If any of the witnesses are new to the case, i.e. they were not called as witnesses during the investigation, the Chair of the Disciplinary Panel will decide whether to admit them.

3.47 The Student has the right to be accompanied at the hearing (as per section 2.24 above) but that this person’s name needs to be submitted in writing to the Student Conduct Team at least five days before the date of the hearing unless otherwise communicated by the Student Conduct Team. 

3.48 If details of the accompanying person are not provided by a stipulated date then the Chair of the Disciplinary Panel can reserve the right to refuse admission to the accompanying person. If the accompanying person’s behaviour at the hearing is deemed inappropriate, the Chair has the right to demand that they be removed or convene the hearing to be held at a later date.

3.49 It is in the best interest of The Student to attend the Disciplinary Hearing. If they choose not to appear before the Panel, the Panel has the right to hear the case in their absence. 

3.50 The University strongly advises that a student attending a Disciplinary Hearing seeks the advice and support of the Student Union Advice Team a member of the Student Union Advice Team, the Wellbeing Team or the ISDVA may provide representation to the student at a disciplinary hearing (as per section 2.25). 

3.51 At the Disciplinary Hearing the Investigating Officer will present their findings. The Student will be invited to respond to the allegations of misconduct made. The panel will ask questions of the Investigating Officer, complainant (if invited to attend) and any witnesses.

3.52 At the conclusion of the hearing the Disciplinary Panel will discuss the case in private and will reach a decision based on the available evidence. The Panel will endeavour to make a decision on the same day as the hearing, but this may not always be possible. 

3.53 The Disciplinary Panel may make one of the following decisions:

  • Dismiss the allegation as on the balance of probability misconduct was not found. 
  • Conclude that on the balance of probability the misconduct took place but take no further action. 
  • Conclude that on the balance of probability the misconduct took place and apply a proportionate sanction. 
  • Conclude that on the balance of probability the misconduct took place and recommend The Student be fully excluded, suspended or expelled.

3.54 Should the Disciplinary Panel be unable to reach a consensus the Chair will have the determining voice. The Chair of the Panel, through the Student Conduct Team, will write to The Student conveying the Panel’s decision, together with reasons and any associated conditions, in writing and normally within three working days of the date of the decision. 

3.55 The Reporting Party may put forward a request to the Student Conduct Team to be notified of the disciplinary outcome. This will be subject to a Risk Assessment. 

3.56 In the event that the decision involves the suspension or extensive exclusion of the student then the relevant Dean of School will work with the Department of Student Services to devise and implement a plan to support The Student’s study where that is possible and appropriate.

3.57 In the event that the Panel decides the Student should be expelled a full report should be submitted to the Provost (or nominee) by the Student Conduct Team, with the recommendation that any student concerned be expelled or fully excluded under the general disciplinary powers of the Provost. Should the Provost be conflicted through involvement in the matter concerned or be unavailable the report should be submitted to the Deputy Vice-Chancellor by the Student Conduct Team, with the recommendation that any student concerned be expelled or fully excluded under the general disciplinary powers of the Pro-Vice Chancellors. The response to this report initiates the Students’ appeal process.

4. Appeals

Appeals against the decision of a Non-Academic Misconduct Panel

4.1 An appeal is not a re-hearing of the case previously presented under the relevant procedure. It is solely a review of that process, or procedure, which is intended to establish whether the conduct of that process under the relevant procedure, before the appeal, was fair and had been conducted properly, and that the decisions made were not the result of a perversity of judgement in the face of the evidence presented. 

4.2 There shall be no appeal against the decision of the Non-Academic Misconduct Panel except on the grounds that:

  • There is new and material evidence that the student was for exceptional reasons unable to present to the Non-Academic Misconduct Panel. 
  • The procedures were not complied with to the extent that it was questionable whether the outcome would have been different had the new evidence been complied with. 
  • There is documented evidence of bias on the part of the members of the NonAcademic Misconduct Panel or its Clerk. 
  • The penalty imposed exceeded that available to the Non-Academic Misconduct Panel and/or was disproportionate. 

4.3 No new evidence may be given at an appeal hearing, except where it can be shown that there were justifiable reasons why it had not been presented previously and, if it had been presented previously, would have been likely to have been material to the decision(s) made. Such justification is to be provided as part of the application to appeal. 

4.4 Any student wishing to appeal must submit to the Chief Student Officer (or nominee), a written notice stating the ground(s) of appeal within 20 working days of the date upon which they were informed of the Non-Academic Misconduct Panel’s decision.

4.5 If the Chief Student Officer believes the appeal meets the criteria (section 4.2). Then Appeal Panel shall be convened by the Chief Student Officer (or nominee), and shall be constituted of: 

  • Two staff members one of whom will be Dean or Head of School or Professional Services. 
  • Student Union Chief Executive Officer or nominee. 
  • A senior member of the Appeals team. 

4.6 The Chair of a Appeal Panel will usually be a senior member of staff, such as a Dean of School, Director of a Professional Service or Head of a Professional Service. Where practicable, Panel members will have had no prior involvement with the Student(s) and will be employed by the University of East London. Where possible we will seek to ensure the composition of the Panel reflects the diversity of our institution. 

4.7 The panel shall appoint a Secretary, who will be responsible for keeping a written record of the decisions made.

Powers of the Appeal Panel 

4.8 The Appeal Panel shall have the power to: 

  • adjourn the hearing to a future date; 
  • confirm the penalty imposed; 
  • moderate the penalty imposed to a lesser penalty - the Panel may not impose a greater penalty; 
  • uphold the appeal; 
  • require a rehearing at the disciplinary stage.

Procedure to be followed by the Appeal Panel 

4.9 The Secretary will invite both parties to attend the appeal hearing, informing them of the date, time and venue (if not online). The two parties will be the student and the Chair of the Non-Misconduct Panel which is the subject of the appeal or a member of the Student Conduct Team. There shall be no other persons invited to attend the hearing, save that the student may be accompanied. 

4.10 The student will be entitled to be accompanied to the meeting by a relative, friend, colleague, or a Student Union advisor. The accompanying person cannot be a professional legal representative who has been employed to act on the student’s behalf, nor can they act in the capacity of a legal advisor. The accompanying person can comment, assist, and help to present evidence, but cannot answer questions on the student’s behalf.

4.11 At least ten working days before the hearing, the Secretary will circulate the case papers to the members of the Appeal Panel, the appellant and the Chair of the Non-Academic Misconduct Panel or member of the Student Conduct Team. 

4.12 In the event of late papers being received by the Secretary, or previously uncirculated papers being presented by either side at the hearing, the Chair of the Appeal Panel shall decide whether they should be admitted, taking into account that, should such admission be permitted, it should not be to the disadvantage of either party.

4.13 The appellant may elect not to appear in person before the Appeal Panel. In such cases, the Appeal Panel will decide the appeal on the basis of written submissions. If, however, a written submission is not clear, the Panel will arrive at a decision on the basis of the evidence available to it. 

4.14 Should the appellant fail to appear at the hearing without reasonable cause or explanation, the Appeal Panel will hear the appeal in absentia and decide based on the evidence available to it. 

4.15 The Appeal Panel, having regard to all of the written and oral evidence provided, will decide whether the decision being appealed was fair, reasonable and proportionate.

4.16 In the event of the Appeal Panel not being able to reach a unanimous decision the Chair will have a determining voice. 

4.17 The decision of the Panel will be final and there shall be no further right of appeal. Within ten working days of the appeal hearing the Panel shall issue to the appellant and the Chair of the relevant Non-Academic Misconduct Panel or member of the Student Conduct Team, a Completion of Procedures letter which will set out its reasons for either dismissing or upholding the appeal. No further correspondence shall be entered into. 

4.18 If The Student does not appeal by the end of the appeal window, the disciplinary procedure will be considered complete. The Student may request a Completion of Procedures letter from the Student Conduct Team at student.disciplinary@uel.ac.uk.

4.19 If the Student or the Complainant is not satisfied with the way the University has handled their complaint, they can raise a complaint to the Office of the Independent Adjudicator (OIA). The University recommends any student wishing to raise a complaint receive support from the Student Union Advice Team. Complaints must normally be received by the OIA within twelve months of the date of the Completion of Procedures Letter; otherwise, the OIA may consider the complaint to be out of time. 

4.20 If the appeal is not upheld, this will be communicated to the student in writing. The University will issue a Completion of Procedures letter as soon as possible, or within 28 days of the appeal outcome if requested. The Completion of Procedures letter will include a clear explanation and outline the reasons for the decision. The decision should also advise the student about:

  • their right to submit a complaint to the OIA for review. 
  • the time limit for doing so. 
  • where and how to access advice and support.
  • Information and eligibility rules are available at: www.oiahe.org.uk

4.21 Where a Responding Student is also a staff member, they may only utilise the processes above to address any outcomes they may have received from the Student Conduct Team which pertain to them as a student.

5. Other Institutional Policies and Procedures

Internal policies

5.1 This Policy/Regulation relates to the following institutional regulations, policies or procedures: 

Student Code of Conduct 
Non-Academic Misconduct Policy 
Student Complaints Procedure 
Appeals Procedure 
Appeals Flowchart 
Appeals Form  
UEL Equality and Diversity Policy  
University Safeguarding Policy and Procedure  
Freedom of Speech Policy
 

For procedural guidance, refer to the Appendices.

6. Links to Support Organisations and Networks

UEL Support

6.1 Report and Support – A reporting tool for both staff and students. You can choose to report anonymously or report and request a case worker to contact you. The Report and Support reporting process can be viewed on this comprehensive flowchart.

6.2 SU Advice Team – studentadvice@uel.ac.uk The Students' Union provides a confidential, non-judgemental and free advice service available to all UEL Students.

6.3 Student Wellbeing Team – wellbeing@uel.ac.uk can provide emotional support to both the student and the complainant.<

External Support

6.4 Full list of External Support

7. Definitions

7. Definitions

Definitions of acronyms or phrases used within the policy;

Expulsion - refers to a students’ complete removal from the University. Any access to the University systems would be halted and the student can no longer complete their degree within the University.

Suspension – refers to a halt on the student's record, disabling them to continue with their academic studies for a specified amount of time.

Exclusion – refers to a ban set against an enrolled student, excluding them from specific University activities, spaces within campuses or campuses as a whole.

The Responding Student – is the University of East London student who has been accused of non-academic misconduct.

The Reporting Party – is the person(s) who reported a University of East London student for non-academic misconduct.

Witness – a person who has witnessed an incident and may be called to provide a statement and/or attend a disciplinary hearing. Witnesses may be called by The Student, The Complainant or The University.

8. Appendices

All links require login to internal SharePoint site.
Appendix A Risk Assessment Request Form
Appendix B Disciplinary Hearing Agenda
Appendix C FAQs on Non-Academic Misconduct processes
Appendix D Student Disciplinary Full Guidance on Process and Procedure

Policy Owner: ACOO Health Gain and Student Experience and Director of Student Services
Department: Student Conduct Team

versioneffective fromamendmentsequity analysisstakeholders consultedapproval dateauthordate for review
V1.301/09/2024Minor procedural changes and
updates to improve and clarify
elements of this procedure in
particular with appeals.		10/05/2022DDT, EEC, AB,
Complaints and
Appeals, the Students' Union, Legal Counsel, DPO,
EDI
Student Policies Group		14/07/2022Sam Liivar
Nicole
Redman
Cienna Simmie
Dee Bozacigurbuz		01/03/2025

This Policy is reviewed by Education & Experience Committee and approved by Academic Board.