Campus Exclusion
Policy Owner: University Secretary
Department: OCGLS
| Version | Effective from | Amendments | Equity Analysis | Stakeholder Consultation (e.g. Disability and Dyslexia Team, Policy review group | Approval Date | Author |
|---|---|---|---|---|---|---|
| V.10 | 01/09/2023 | New Policy | 18/10/2023 | UEB, Academic Board, Sexual Misconduct and Harassment Advisory Group | 18/10/2023 | Jim Benson |
This Policy is reviewed by University Executive Board and approved by University Executive Board
1 Purpose and Scope of the Procedure
1.1 Purpose
1.1.1 This procedure sets out the expectations that the University has concerning the use of and conduct on its Campus and what steps it may take if those expectations are not met.
1.1.2 This document also sets out the procedure that the University will normally apply when it is alleged that an individual, who is not a student or a member of staff, has acted in a way that is not in accordance with the Campus Principles. Alternative procedures apply to students and staff (such as the Student Non-Academic Misconduct Procedure and the Staff Disciplinary Procedure).
1.1.3 Any reference to “the Campus” means any of the University’s privately owned land at Docklands, Stratford and University Square Stratford or elsewhere.
1.2 Scope
1.2.1 The University welcomes visitors to its Campus. However, to ensure that the Campus remains a positive and welcoming place for all, the University expects that the Campus Principles (set out below) are followed by everyone who attends the Campus in any capacity, including:
- Guests of students
- Members of staff
- Guests of members of staff
- Contractors (ie those employed by external agencies or companies and whose contracts do not require them to abide by University employment conditions)
- Suppliers
- Speakers
- Visiting lecturers/professors
- External examiners
- Member of the public
2 Campus Principles
2.1 General Principles
2.1.1 The University is a welcoming place and wants everyone to enjoy its Campus. However, the Campus is the private property of the University and everyone who uses or visits it must adhere to University requirements when attending it or using University facilities.
2.1.2 Everyone attending the Campus is required to:
- Act lawfully at all times.
- Adhere to the University’s rules and regulations.
- Follow instructions given by the University’s staff.
- Respect all members of the University’s community and other visitors to the Campus.
- Not discriminate against or harass any member of the University’s community or any other visitor to the Campus.
- Not engage in unwanted conduct of a sexual nature, including sexual harassment, stalking, or abusive or degrading remarks.
- Not damage any University property.
- Not cause a nuisance (including by creating excessive noise or disturbance).
2.1.3 In addition, everyone attending the Campus must adhere to the general rules regarding conduct and permissible activities that may be in place from time to time. Examples of activities (not exhaustive) may extend to supervising children, the use of vehicles, parking only in designated areas, not littering or fly tipping and bringing pets onto campus.
2.1.4 The University may give formal written permission for these activities to take place on Campus, for example, to allow the activities of student societies to take place.
2.1.5 The University reserves all rights to its airspace and the use of drones is not permitted without the express permission of the University.
2.1.6 The University reserves the right to prohibit or restrict access to the Campus, or any of the facilities on the Campus, as necessary.
2.2 Reporting Procedures
2.2.1 In the event of a breach of the Campus Principles being suspected the matter should normally be reported to a member of the University Security Staff who will take further action in accordance with the University’s Security Procedures. Alternatively, depending on the circumstances and the nature of the breach, a report may be made using the University’s Report and Support Procedure. Those on campus may also use the University’s SafeZone app.
2.2.2 The University may also use CCTV as the basis of making a report on any breach of the Campus Principles or to provide evidence of breaches that require investigation. The principles regulating the use of CCTV by the University are outlined in the University’s Monitoring Policy.
2.2.3 Should the member of the University Security Staff consider there to be an immediate risk to the University or the University’s community, the matter will be reported to the Head of Security who will take steps to exclude the individual(s) immediately from the premises prior to the commencement of deliberations under this procedure.
3 Designated Responsibilities and Procedure
3.1.1 A University Officer shall be designated with responsibility for dealing with complaints that fall under this procedure: • For matters that relate to the use of the estate, except for matters that relate to the University’s Halls of Residence, the Designated University Officer shall be the Director of Estates (or their nominee).
- For matters that relate to the University’s Halls of Residence, the Designated University Officer shall be the Director of Student Services (or their nominee).
- In all other cases, the matter may instead be considered by an appropriate Dean or Director of Service Department (or their nominee) at the University’s discretion.
3.1.2 It is anticipated that students will have matters considered in accordance with the Student Non-Academic Misconduct Procedure and staff in accordance with the Staff Disciplinary Procedure.
3.2 Procedure
3.2.1 In circumstances where the University is able to identify individuals who have breached the Campus Principles, the Designated University Officer shall write a letter to the individual informing them it is alleged that they have breached the Campus Principles, detailing the alleged conduct, and setting out the possible outcomes (including exclusion from Campus). The letter will ask the individual to provide their observations in writing within 14 calendar days of the date of the letter.
3.2.2 The Designated University Officer will consider relevant information provided concerning the alleged conduct and may gather any further evidence that is considered necessary for reviewing the allegation(s), giving due regard to the University’s legal obligations regarding confidentiality, and will consider the written observations provided by the individual (if any). The Designated University Officer may, at their discretion, invite the individual to a meeting.
3.2.3 The Designated University Officer will then determine the allegation and, where appropriate to do so, will apply a penalty. Possible outcomes include:
- Taking no further action.
- Issuing a warning as to the individual’s future conduct.
- Imposing an order excluding the individual from the Campus (or a part thereof) for a period of time.
- Imposing an order permanently excluding the individual from the Campus (or a part thereof).
3.2.4 The Designated University Officer will write to the individual as soon as reasonably practicable informing them of the decision and any penalty, providing a clear explanation, and informing the individual of their right to appeal.
3.3 Right of Appeal
3.3.1 The individual shall be given 7 calendar days to lodge an appeal against a penalty in writing to the University Secretary. In order to be a valid appeal, it must be based on one of the following grounds.
- The individual can provide new evidence, which was not available at the time the original decision was made, to exonerate them from the allegation or mitigate the alleged conduct.
- The individual can demonstrate a serious procedural failing.
- The individual can demonstrate clearly that the penalty imposed was irrational or disproportionate.
3.3.2 Any valid appeal by an individual will normally be considered by the University Secretary (or their nominee) within 28 calendar days of receipt of the individual’s appeal. The University Secretary (or their nominee) will review the original evidence, decision and penalty, and any further information submitted by the individual, and will decide either:
- To uphold the original decision and penalty.
- To allow the appeal and change the penalty or, if appropriate, decide that no further action should be taken.
3.3.3 The University Secretary (or their nominee) should write to the individual as soon as reasonably practicable after making the decision informing them of the outcome of the appeal. The letter should set out the decision clearly and provide an explanation.
3.3.4 In the event of the individual not responding to the allegations the Designated University Officer will consider relevant information available concerning the alleged conduct and may impose an order permanently excluding the individual from the Campus until such point that a response is provided to the allegations.
3.3.5 Should anyone who is subjected to a penalty under this procedure seek to become a student or a member of staff will need to have their application referred to the University Secretary before any offer of engagement at the University can be made. Failure to disclose any such penalty issued under this procedure may lead to any offer to study or work at the University being withdrawn.
4 Confidentiality, Data Protection and Record Keeping
4.1 Record Keeping
4.1.1 The Head of Security is responsible for maintaining accurate records of any exclusion from campus under this process.
4.1.2 The University Secretary shall retain a record of all complaints considered under this procedure.
4.2 Confidentiality
4.2.1 It is the University’s aim to deal with matters covered by this procedure sensitively and with due respect for the privacy of any individuals involved. The University’s Head of Security and appropriate senior colleagues (the University Secretary or his/her nominee) shall be informed as soon as possible if an individual is temporarily or permanently excluded from the Campus (or part thereof).
4.2.2 All parties must treat as confidential any information communicated to them in connection with a matter which is subject to this procedure, subject to the need to seek appropriate advice and guidance or to implement any decision made under it.
4.2.3 The University will, during or at the conclusion of the procedure, inform such individuals or organisations as it considers necessary, having due regard to all the relevant circumstances.
4.3 Data Protection
4.3.1 In cases where the University holds personal data relating to individuals as a result of this procedure, the University will comply with the provisions of the Data Protection Act 2018 (“DPA”) and all associated legislation at all times. This includes but is not limited to, ensuring that any personal data held on such individuals is:
- Not excessive but relevant and limited to the purpose for which it is held.
- Held securely (and in accordance with University policies).
- Not shared with third parties (unless this can be lawfully shared in accordance with DPA); and
- Not held for any longer than is necessary.
5 Criminal investigations
5.1.1 Where the individual’s conduct is the subject of a criminal investigation, charge or conviction the University will investigate the facts and, where appropriate, seek advice from the Police before deciding whether to take formal action.
5.1.2 The University will not usually wait for the outcome of any prosecution before deciding what action, if any, to take.
5.1.3 Where the individual is unable or has been advised not to say anything about a pending criminal matter, the University will take a decision based on the available evidence.
6 Related Policies
6.1.1 The policies relating to these activities include:
Institutional
- Safeguarding Policy
- Health and Safety Policy
- Dignity and Work and Study Policy
- Equality, Diversity & Inclusion Policy
- Personal Relationships Policy
- Personal Security Policy
- Data Protection Policy
Staff
- Terms and Conditions
- Disciplinary Procedures
Students
- Non-Academic Misconduct Policy
- Complaints Policy
- Sexual Violence and Misconduct Policy
- Code of Conduct