14.(1) A Board of Discipline constituted under these Regulations has authority to hear and adjudicate upon—
(a) a charge of misconduct referred to it by the Deputy Vice-Chancellor; and
(b) an appeal made to it against a determination of the Deputy Vice-Chancellor which has been made under the provisions of these Regulations.
(2) A Board of Discipline may, for an instance of misconduct, impose any penalty or penalties that may be imposed under these Regulations, provided that—
(a) it may suspend a student's rights and privileges specified in paragraph 3(1)(c) for no more than one year without the student being entitled to any refund of fees paid in respect of those rights and privileges; and
(b) if the penalty is expulsion from the University or non-conferral of an award, this penalty does not take effect unless confirmed by the Senate, but all the student's rights and privileges specified in paragraph 3(1)(c) are suspended until the Senate has considered and determined the matter.
(3) A Board of Discipline may impose a penalty in addition to a penalty imposed by a staff member under Regulations 6 to 13 but may not increase a fine imposed at a lower level.
(4) When a charge of misconduct against a student has been found at a hearing before a Board of Discipline the Board may decline to record a finding of misconduct or to impose a penalty if, in its opinion, the misconduct was trivial or if, for any other reason, the Board is of the opinion that a finding of misconduct should not be recorded or a penalty should not be imposed.
15.(1) Subject to sub-regulations (2), (3), (4) and (5) a Board of Discipline comprises:
(a) a chair selected by the Chancellor from a panel appointed annually by the Senate and comprising members of the Senate or senior members of academic staff;
(b) the Chair of the Academic Board or nominee;
(c) the President of the Student Guild or nominee;
(d) one person selected by the Chair of the Academic Board from a panel of staff appointed annually by the Senate on the recommendation of the Deputy Vice-Chancellor;
(e) one person selected by the President of the Student Guild from a panel of students appointed annually by the Senate on the recommendation of the President of the Student Guild .
(2) A person must not be a member of a Board of Discipline if they have had any prior involvement with the student or the alleged misconduct or if for any other reason it would be inappropriate for them to hear the case.
(3) An Inclusion and Diversity Adviser is entitled to attend a meeting of a Board of Discipline to provide advice on matters of equity.
(4) The Chair, or the student through the Chair, may require that the University lawyer or a member of staff who is a legal practitioner or has a degree in law may be invited at the discretion of the Chair to attend a meeting of a Board of Discipline to provide advice on matters related to process and procedure raised either by members of the Board or by the student.
(5) The Vice-Chancellor may appoint a person to represent the University at the hearing.
16.(1) The quorum of a Board of Discipline is all members.
(2) At all meetings of Boards of Discipline the Chair has a deliberative but not a casting vote.
(3) If the vote on whether or not a charge of misconduct has been proved is equally divided, the charge must be declared not to have been proved.
(4) The University Secretary will for each Board of Discipline either act as Executive Officer or appoint a member of the administrative staff to act as Executive Officer.
(5) A Board of Discipline which has been constituted to hear and adjudicate upon any charge of misconduct or an appeal continues to act in the matter even if new panels have been nominated after it was constituted.
(6) A Board of Discipline constituted to hear and adjudicate upon a charge of misconduct against a student may have referred to it—
(a) a charge or charges of misconduct against another student; or
(b) another charge or other charges against the student; or
(c) an appeal or appeals.
(7) The Board must deal with all the charges and appeals referred to it but—
(a) the Board must not deal with several charges against a student together or with charges against several students together unless the charges arise out of instances of misconduct which are part of a series of—
(i) instances of the same or a similar character; or
(ii) acts or omissions in the pursuit of a common purpose;
(b) if the Board decides at any stage before making known its decision that it should, in the interests of justice, not hear or not proceed further with any of the charges or appeals, another Board of Discipline must be constituted to deal with them.
(8) A Board of Discipline constituted to hear and adjudicate upon an appeal may have referred to it a charge or charges of misconduct or another appeal or appeals and the Board must deal with all the appeals and charges referred to it subject to the same provisions as are contained in sub-regulation (7).
17.(1) In determining the time and date for a hearing before a Board of Discipline or an appeal in accordance with Regulation 19(4), the Executive Officer must make all reasonable efforts to select a time and date which is convenient to the student concerned.
(2) A hearing must not be held more than 20 University working days after receipt of the referral or appeal to the Board.
(3) The Executive Officer must give a student not less than 10 University working days' written notice of a hearing of the charge before a Board of Discipline.
(4) The notice must contain particulars of—
(a) the charge;
(b) the time and place of the hearing; and
(c) the student's rights under sub-regulation (6).
(5) If, for any reason other than those set out in sub-regulation 23, a student fails to appear at the hearing, the Board may, if it is satisfied that the student has been given notice in accordance with these regulations and that the student has not provided a valid reason for not attending, proceed with the hearing in the student's absence.
(6) During the hearing the student is entitled—
(a) to be represented by another person;
(b) to be present with a representative throughout the hearing except when the chair and members of the Board wish to confer privately among themselves or to consider their decision;
(c) either alone or via a representative to call and examine witnesses, cross-examine witnesses and address the Board;
(d) to require that an Equity Officer be present.
(7) Any person required to attend under sub-regulation 15(4), may, through the Chair, address the Board or the student.
(8) The Board is not bound but must wherever possible be guided by the Rules of Evidence.
(9) The Board decides its procedure including the order and the manner in which evidence may be called and addresses heard.
(10) Hearings of the Board are in private unless the student charged elects that a hearing be open to other members of the University but—
(a) if charges against two or more students are being dealt with together before the Board and any one of them elects a private hearing the hearing must be private; and
(b) the Board may order that an open hearing be continued in private if in its opinion order cannot otherwise be maintained.
(11) At every hearing the Board has complete authority to keep order and it may order the removal of any person for unruly conduct including a student in respect of whom the hearing is taking place or the representative of such a student.
(12) If the Board of Discipline determines that a charge of misconduct has been found, it may, subject to sub-regulation 4(2) and 14(3), impose one or more of the penalties set out in Regulation 3.
(13) If the penalty is expulsion from the University, it does not take effect until the time for lodging an appeal has expired and the penalty has been confirmed by Senate, but all of a student's rights and privileges are suspended until the Senate has considered the matter without the student being entitled to compensation.
(14) The Executive Officer must record the misconduct case in the University's case management system.
(15) The Executive Officer must within 10 University working days of the Board of Discipline's decision give the student concerned a written notification of the decision including details of any penalty imposed and of the student’s rights of appeal.
(16) The Executive Officer must forward a copy of written notification sent to the student to Archives and Records Management Services.
(17) Subject to the rights of appeal provided in Regulations 19 and 20 and to a student's right to pursue their case outside the University through an approved government body or official, a decision under these Regulations that a student has been guilty of misconduct or that imposes a penalty on a student is final.