City of Bristol College Student Disciplinary Policy and Procedures | April 2016 Student Disciplinary Policy and Procedures 1 Purpose To positively establish and maintain the Student Code of Conduct as a culture of good practice. To ensure a consistent approach across the College towards maintaining student discipline. To ensure the timely address of breaches. The common ownership of student attendance, by all staff, across all aspects of a programme or apprenticeship To provide direction for staff, students, parents, and employers on the disciplinary procedures to be adopted when the Code of Conduct is broken, and/or when major or gross misconduct occurs. 1.1 Early College Learners (pre 16) are subject to a variation of this policy which must be implemented in conjunction with the school. 1.2 Although this Policy is applicable to students enrolled on Higher Education (HE) courses, it must be implemented in conjunction with any agreement with the appropriate validating HE Institution. 2 Scope 2.1 The Disciplinary Policy will reflect and support: 3 The Student Code of Conduct The Mission of the College The College Policy on student progress/performance, which provides an appropriate alternative where there are concerns about student performance in the classroom Policies and procedures on student welfare, including safeguarding, disability and mental health, and substance misuse Other relevant College policies and procedures The rules of natural justice The principles of restorative practice Academic misconduct procedures Implementation 3.1 The implementation of this Policy should take into account: Current legislation The role of parents/carers and employers The age and circumstances of the student 3.2 The College has an obligation to ensure a fair hearing for students. Students will be given a copy of the Code of Conduct on joining and will be informed how to access College Policies as part of induction. 3.3 It is at the College’s discretion to refer matters to the Police, unless required by law. 4 Responsibility for Student Discipline 4.1 The tutor/assessor/supervisor has a responsibility and authority for student discipline during teaching sessions/apprenticeship. This Policy does not seek to replace standard classroom management. Staff should seek advice from the Learning/Training Leader, Head of School or the Assistant Principal/Director as appropriate for the breach. 1 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 4.2 All members of staff have a responsibility and authority to take immediate action to maintain discipline in the common areas of the College. A student behaving in a manner that could lead to a breach of the Code of Conduct should be warned that their behavior is inappropriate and that disciplinary action could follow. 4.3 Students are required to sign the Code of Conduct during induction and each student has a responsibility to acquaint themselves and comply with the Code of Conduct. A copy is available on Moodle or from the programme area. Accessible copies are available from Learner Services. 5 Breaches of Discipline 5.1 6 Breaches of discipline may be minor, major or gross. Professional judgement will need to be made about the severity of each breach of the Code of Conduct. If in doubt, contact the appropriate Learning/Training Leader or Head of School to ensure a consistent approach across the College. Examples of breaches are given in the Appendix. Where possible, Restorative Practice should be used to resolve minor conflicts without having to resort to formal disciplinary action. Stages 6.1 There are three stages to the College Disciplinary Procedure. The Procedures will begin at the stage appropriate to the seriousness of the breach: 6.1.1 Study Coach/assessor to collate warning slip(s)/evidence of a minor breach to action plan student behaviour at Stage 1 (Yellow Card) 6.1.2 Learning/Training Leader or Head of School to collate evidence of a major breach to action plan student behaviour at Stage 2 (Red Card) 6.2 Copies of all relevant documentation at any stage must be retained in the student’s file. This includes properly recorded investigations. 6.3 If a student is withdrawn/withdraws from the College during Disciplinary Stage 2 or 3, Corporate Services must be informed and they will record this to ensure that appropriate procedures are followed if the student seeks re-admission. 2 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 6.4 Table of Breaches, Stages and Sanctions Pre-Stage Warning slip - Informal Stage 1 Stage 2 Possible outcomes: Record of a minor breach noted by a member staff and communicated to the Study Coach/assessor The Study Coach/assessor will collate all warning slips; persistent warning slips will escalate the student’s behaviour to a formal level, known as a Yellow Card (Stage 1 of the Disciplinary Policy) Warning Slip logged/monitored Verbal warning Referral to a Yellow Card Actions: Warning Slip completed Meeting with tutor/Study Coach/assessor Recorded on ProMonitor Yellow Card: Minor breach – Formal Possible outcomes: Actions: Conditions include: Formal hearing not required Study Coach/assessor issues a Yellow Card, within a week of the breach, recorded to ProMonitor Each Yellow Card has a time limit, set by the Study Coach/assessor, providing sufficient time to enable the student to demonstrate an improvement in their behavior (but no longer than 6 weeks) The Yellow Card must contain a SMART Action Plan No limit to the number of Yellow Cards, however progression to Red Card if persistent minor breaches continue or the Action Plan is unfilled Progression to stage 2 is determined by the Learning/Training Leader/ Head of School in consultation with the Study Coach/assessor Red Card: Major breach – Formal Possible outcomes: Actions: Conditions include: Stage 2 (Red Card) Disciplinary hearing to occur within 2 weeks of a major breach, arranged with the Learning/Training Leader/ Head of School Cooling-off period (limited withdrawal from a session/placement) determined only by Learning/Training Leader/ Head of School Parent/guardian(s) invited to the hearing, as appropriate to the student age and authorised consent Study Coach/assessor to attend the hearing Red Card to include a SMART action plan Time limit and action plan determined by the Learning/Training Leader/ Head of School Single Red Card dispensed over life span of a programme/apprenticeship Breach of the action plan results in progression to Stage 3 Referral by the Learning/Training Leader/ Head of School to Stage 3 disciplinary Yellow card with an action plan Actions are SMART Time bound actions Letter to parent/guardian(s) if consent given. Referral to Red Card Case not proved Referral to a Yellow Card Dispense a Red Card with an action plan Actions are SMART Time bound actions Letter to parent/guardian(s) if consent given. Referral to Stage 3 Meeting with tutor/Study Coach Recorded on ProMonitor Set deadline within a 6 week period Removed from record once action plan completed Deadline can be extended Student cannot be suspended Student can be sent home to ‘cool off’ for the rest of the day (by the Learning/Trainer Leader/ Head of School, in consultation with Assistant Principal/Director) Stage 2 hearing conducted by Learning/Training Leader/Head of School Student to receive written notification of hearing Parent/guardian(s) to be notified by letter if consent given. Single red card with Action Plan or lesser sanction. Outcome of Hearing and action plan communicated to parent/guardian if consent given. Actions recorded to ProMonitor Student appeal to Assistant Principal/Director 3 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 Stage 3 Stage 3 Disciplinary Hearing: Gross breach - Formal Possible outcomes: Actions: 7 Stage 3 referral by Learning/Training Leader/ Head of School to the Assistant Principal/Director, via Corporate Services Assistant Principal/Director notifies Corporate Services to arrange an independent Panel Hearing. The Hearing should take place within two weeks of the breach A student may be referred to a Stage 3 Hearing on more than one occasion Alleged gross breaches of the Student Code of Conduct must be dealt with in accordance with Stage 3 Procedures Case not proved Referral to a Red/Yellow Card with an action plan Action plan with time bound actions Final written warning Referral Exclusion Student may be suspended Evidence provided to Corporate Services within 5 days Hearing convened within 2 weeks of breach Parent/guardian to be notified if consent given. Student receives written notification of Hearing/outcome Appeal to Deputy Principal Centrally recorded Suspension 7.1 Where there is reason to believe that a student has committed an act of Gross Misconduct he/she may be suspended from the College by the Assistant Principal or Director, on the authorisation of the Deputy Principal. 7.2 Suspension should only be used a last resort if there is a potential risk to themselves or others. It is considered a neutral act to allow time for an investigation to take place, and/or preparation for a Disciplinary Hearing. 7.3 Suspension is not designed to be used as a form of disciplinary sanction and a Stage 3 disciplinary must follow the suspension period within a maximum of two weeks. 7.4 During the period of suspension, work must be provided by the tutor and the student may (with written permission) be admitted to College: 8 for meetings/interview to submit coursework to meet deadlines to take examinations to use the study centre, although this may require going to a different site Cooling off 8.1 Where an incident requires immediate “cooling off”, the student who has committed the act of misconduct may be asked to leave the premises or to move to a specific area in the College by appropriate Learning/Training Leader. The cooling off period may last up to the end of the day. 8.2 Cooling off on premises should be used where practical and if the student has support needs, he/she should be referred to Learner Services. Discretion should be used before sending a student home. 8.3 Cooling off is not designed to be used as a form of a disciplinary sanction and an investigation/appropriate stage 2 disciplinary process must follow the cooling off period. 9 Support for the student 9.1 The student is entitled to be accompanied to a Disciplinary Hearing by a friend, a student representative, or a relative, but not by a person active in legal or other professional work, unless the College otherwise agrees, having been given notice before the day of the Hearing. 4 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 9.2 10 10.1 11 11.1 12 12.1 Students may discuss disciplinary charges brought against them with the College’s Learner Services team who will provide support as requested. Notification of third parties Provided that the student’s consent is recorded on ProSolution, normally, if the student is under 18 or a vulnerable adult, copies of disciplinary documentation will be sent to the parents/guardians/carers. If applicable, copies will be sent to the student’s sponsoring employer/agent. Data Protection rules apply and sensitive data should not be shared without the student’s specific consent. Appeals There is a right of appeal against suspension and the outcome of Stage 2 and 3 Disciplinary Hearings, details of which are set out in the relevant procedure. Variation Provided that the consent of the student is freely given and properly recorded in writing, a variation in the procedures may be made if circumstances require it. The overall requirement of fairness overrides what is stated in or omitted from the Policy and Procedures. Review frequency: 1 year Lead officer: Complaints and Reputation Officer Senior Manager Responsible: Assistant Principal for FE 5 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 Procedures 1 Pre-stage & Stage1 1.1 If a member of staff considers that a student has committed a Minor Breach, the student should be informed and issued with a warning slip which will be passed to the Study Coach. The Study Coach/assessor may then issue the student with a Yellow Card dependent on the severity and frequency of the warning slips, persistent patterns of behaviour should result in a Yellow Card and the reasons recorded on Pro Monitor as a Stage 1 Disciplinary. The Yellow Card includes conditions and an action plan for improved behaviour against targets. The student should be advised by the member of staff that a further breach of the conditions of the yellow card, or failure to improve within a given period of time may result in progression to Stage 2 (Red Card). 1.2 If the student is not known to the member of staff, they should request the student’s identity and note their name and course or programme and ask for the name of the student’s Study Coach/assessor. The student should be reminded that refusal to supply this information is a Major Breach of the Code of Conduct. 1.3 The Study Coach/assessor will work with the student to complete their action plan within the agreed time frame, if the student is making progress but not met the deadline; the Study Coach may extend the deadline, following a discussion with their line manager. 2 Stage 2 If a student is considered to have committed a major breach or has not met the conditions of their Yellow Card, the Learning/Training Leader/Head of School should be informed, and the details recorded on ProMonitor. 2.1 2.2 Investigation 2.1.1 The Learning/Training Leader/Head of School will investigate the matter by collecting evidence from the staff and/or student(s) concerned and will consider any previous warnings or Stage 1 action plan. Guidance regarding investigations can be found in the Appendix 1. 2.1.2 The evidence will be considered by the Learning/Training Leader/Head of School, who will decide whether there has been a breach and at which disciplinary stage the matter is to be dealt with. 2.1.3 At this point, the Learning/Training Leader/Head of School may decide to refer the case to a Stage 1 or Stage 3 Disciplinary if more appropriate. Stage 2 Hearing 2.2.1 If a Stage 2 is confirmed, the student and parent/guardian(s) where appropriate are invited for a Disciplinary Hearing. The Hearing should take place as soon as possible and within two weeks of the incident. A letter template is available on the Corporate Services intranet, a letter should state: The nature of the allegation and contain a summary of the evidence The student’s entitlement to be accompanied Confirmation of the time and place of the Disciplinary Hearing Provided consent has been granted by the student, parent/guardian(s) will be notified 2.2.2 The Learning/Training Leader/Head of School will hear the case and decide the outcome. The evidence will normally be presented by the Study Coach/assessor or a member of the teaching staff. 2.2.3 The student will normally be notified of the decision at the conclusion of the Disciplinary Hearing with, confirmation to follow in writing. If it is not possible to make a decision on the day, the student should be notified within five working days. The outcome should include an action plan (Red Card, or 6 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 lesser sanction if appropriate). The letter will give brief reasons for the decision and advise the student of their right of appeal. A copy of the letter should also be sent to the parent/guardian(s), if appropriate. 2.3 Stage 2 Appeal 2.3.1 The student may appeal against the outcome, by writing to the Assistant Principal or Director of their programme area, stating the reasons for the appeal, within five days of receipt of the outcome letter. 2.3.2 Within 10 days the Assistant Principal/Director will: 2.3.3 3 determine whether or not an Appeal Hearing is justified; consult with the relevant Learning/Training Leader/Head of School as appropriate; and If an Appeal Hearing is warranted, it will be convened within ten days. The Assistant Principal/Director will notify the student of the decision, in writing, within five working days. Stage 3 If a student is considered to have committed a gross breach, the Assistant Principal/Director must be informed, and the details recorded. The Assistant Principal/Director should consult at an early stage with Corporate Services regarding any investigation and the preparation of evidence, to ensure consistency. 3.1 Investigation 3.1.1 3.2 An investigation must be carried out. Guidance regarding investigations can be found in Appendix 1. Stage 3 Hearing 3.2.1 Once the Assistant Principal/Director has referred the disciplinary case to Stage 3, Corporate Services will arrange a Disciplinary Hearing. The student will be notified in writing and this will include the following information: Confirmation of the time and place of the hearing The nature of the incident/conduct and a summary of the evidence for the complaint The student’s entitlement to be accompanied Whether or not (at the discretion of the Panel Chairperson) witnesses will be called That he/she may be excluded from the College as a result of the hearing 3.2.2 The Disciplinary Hearing will be heard by a Panel comprising of an Assistant Principal/Director from an area not associated with the Student (Chairperson), a Learning/Training Leader/Head of School not involved with the case, and an appropriate member of staff from Learner Services. Every effort will be made to secure appropriate gender and ethnic representation on the Panel. 3.2.3 A manager from the student’s programme area will present the case to the Panel. The student will be given the opportunity to state their case, including any mitigating factors. The Panel may question the manager and the student. 3.2.4 After hearing the case, the Panel may decide either: 3.2.5 That the case was not proven Final Written Warning or a lesser sanction if appropriate Exclude the student from College for a period of time Other appropriate action, such as moving the student to another class or centre If the student is allowed to return to College, the Assistant Principal/Director should communicate this to relevant staff and ensure that a risk assessment is carried out (if appropriate) and an action plan agreed. 7 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 3.3 3.2.6 If a final written warning is dispensed, the student should be informed that a further b reach may lead to his/her exclusion without a further Disciplinary Hearing. 3.2.7 Within five days of the Hearing, the student will be sent written notification of the Panel’s decision. It is particularly important at this stage that procedures are followed closely and consistently, guidance is given in the Appendix 1. Stage 3 Appeal 3.3.1 The student has the right to appeal to the Deputy Principal against the Panel’s decision. Notice of appeal must be lodged in writing to Corporate Services within five days of receipt of the Panel’s decision and must give the grounds for, and particulars of, the appeal. 3.3.2 Grounds for appeal will normally be based on one or more of the following: The disciplinary procedure was not followed correctly and that this materially affected the decision The findings are inconsistent with the evidence considered That new evidence could materially alter the findings The disciplinary sanction is inconsistent The severity of the disciplinary action 3.3.3 If the Deputy Principal does not consider that there are valid grounds for appeal, the student will be informed of the reasons in writing. This will be done within five days of receiving the appeal. 3.3.4 If the Deputy Principal considers that there are valid grounds for appeal against the decision of the Panel, he/she will review the Disciplinary case. 3.3.5 If an Appeal Hearing is warranted, it will be convened within ten days. The student will be given at least five days’ notice of the time and place of the Appeal Hearing and will be entitled to be accompanied by a friend, student representative or relative, but not by a legal or other professional adviser unless the College otherwise agrees, having been given notice before the day of the hearing. 3.3.6 The Appeal Panel will comprise the Deputy Principal, an Assistant Principal or Director and a member of staff from Learner Services, all members not having previously been involved in the case in question. Any documents considered at the original Disciplinary Hearing will be available for the purpose of the appeal, together with the notes of that hearing. 3.3.7 At the Appeal Hearing, the student will be invited to explain the grounds of the appeal and to state their case. The Assistant Principal or Director who chaired the Disciplinary Hearing will be asked to respond to the appeal and explain the reasons for the original recommendation. The Panel may ask questions of the student and the Assistant Principal or Director and then consider whether to allow or dismiss the appeal. 3.3.8 If the appeal is upheld following the review or the Appeal Hearing, the Deputy Principal/Appeal Panel may decide that a lesser sanction than that recommended by the Disciplinary Panel should be taken, or that no further disciplinary action be taken. 3.3.9 If the appeal is dismissed, the recommendation of the original Disciplinary Panel will stand. The Deputy Principal/Appeal Panel may not impose any greater sanction against the student than that recommended by the Disciplinary Panel. 3.3.10 Following the review/ Appeal Hearing, the student will be informed of the decision in writing within five working days. 3.4 Complaint to the Funding Body 3.4.1 When the student has exhausted the appeal procedure there is a right to make a complaint to the appropriate Funding Body. A complaint to the Funding Body is not a further stage of appeal. The Funding Body does not hear evidence or seek to substitute its own decision for that of the College. 8 City of Bristol College Student Disciplinary Policy and Procedures | April 2016 In considering a complaint, the Funding Body will undertake an enquiry to consider whether or not the College has followed its procedures. 3.4.2 4 A student who has appealed unsuccessfully is to be informed of the complaints procedure of the Funding Body. Early College Learners (pre 16) 4.1.1 Early College Learners who commit a minor or major breach will be subject to stage 1 and 2 procedures as detailed above. In addition, the Learning Leader will report any breaches in conduct to the school. 4.1.2 If an Early College Learner is considered to have committed a gross breach (stage 3), the Learning Leader must be informed, and the details recorded. The Assistant Principal and Corporate Services should be notified. 4.1.3 An investigation must be carried out. Guidance regarding investigations can be found in Appendix 1. 9 City of Bristol College Student Disciplinary Policy and Procedures – APPENDIX 1 | April 2016 Appendix 1 – Guidance Guidance in conducting a Disciplinary Hearing 1 Stage 2 Preparation 1.1 Prepare carefully, ensure that you have all the facts and find out if there are any special circumstances to be taken into account e.g. language problems, aural or visual impairment. 1.2 Arrange a time and a quiet place for the Hearing with adequate seating where there will be no interruptions. Arrange for someone to be present to take notes of the proceedings. 1.3 Inform the student, in writing, of the date of the Hearing and other information as detailed in the Procedures. If there are likely to be language or other difficulties consider whether a friend of the student can assist as an interpreter or in presenting his or her case. Copies of any relevant papers should be given to the student e.g., details of the alleged breach, list of previous disciplinary action, witness statements. 1.4 Go through all the evidence to be presented and make notes of points which need to be covered during the hearing. Consider what explanations may be offered by the student and if possible check them out beforehand. 1.5 Ensure that all the relevant facts are available such as personal details, disciplinary record and any current rulings, other relevant documents and, where appropriate, written statements from witnesses. Establish what disciplinary action has been taken in similar circumstances in the past with other students. 1.6 It is helpful to find out if written statements from witnesses are agreed, in advance or if they may be challenged. 1.7 Examples of suitable evidence: first hand witness statements (emails/handwritten/word processed), which may be anonymous if required photographs, CCTV stills incident reports course progress, attendance and tutor statements Examples of unsuitable evidence: 2 second hand statements statements with inappropriate comments opinions rather than facts unrelated information Stage 3 Preparation 2.1 Stage 3 Hearings are heard by an independent panel of College staff that are not associated with the students programme area. 2.2 Evidence should be gathered by the investigating manager and submitted to Corporate Services within 5 days of the referral. Refer to Stage 2 preparation above for examples of suitable evidence. 2.3 Corporate Services will set up the hearing and provide Panel members with the same documentation that is sent to the student, a minimum of 5 days before the Hearing. 2.4 A manager from the programme area will present the evidence to the Panel. 1 0 City of Bristol College Student Disciplinary Policy and Procedures – APPENDIX 1 | April 2016 3 Stage 3 Hearing 3.1 The Chairperson should introduce those present and explain why they are there. Explain how the Hearing will be conducted and determine who is presenting the case for the student and for the College. Explain that the purpose of the Hearing is: to ascertain the facts of this case to consider whether disciplinary action should be taken in accordance with the College Disciplinary Policy 3.2 When reading or listening to the evidence please bear in mind the College Code of Conduct and equality issues. Be sensitive to cultural, gender and equality issues in so far as they may affect the conduct of the hearing. 3.3 Invite the College representative to state precisely what the complaint is and outline the case briefly by going through the evidence which has been gathered. Ensure that the student, and his or her representative, has received the documentation and are aware of witness statements and of the content of any relevant records. Give the student, or his or her representative, the opportunity to ask questions. 3.4 Invite the student, or his or her representative, to state his or her case, ask questions, present evidence and call witnesses. Listen attentively and be sensitive to silence as this can be a constructive way of encouraging the student to be more forthcoming. 3.5 Give the College representative the opportunity to ask questions. 3.6 If it is not practical for witnesses to attend consider adjourning proceedings. However, if it is clear that their evidence will not affect the substance of the complaint, continue the Hearing. 3.7 Remember that the object of the Hearing is to discover the truth, not to catch people out. Establish whether the student is prepared to accept that he/she has done something wrong then agree the steps which should be taken to remedy the situation, or to determine the disciplinary action to be taken. 3.8 When both sides have finished presenting their cases and asking questions and any witnesses required have been called, then both sides should leave the room and leave the panel to make its decision. If you feel that the decision can be made fairly quickly, you might wish them to remain nearby and call them back in to hear the decision. Otherwise you should tell them that you will inform them of the decision in writing within five working days. 3.9 In making the decision and deciding upon the penalty, try and take into account any past Hearings that can be used as comparatives and consider the safety and welfare of other students and of the staff. Advice on this can be sought from Corporate Services. 3.10 The Chairperson has the authority to limit the amount of time used by each of the parties in presenting the case 3.11 A copy of all the paperwork should be recorded on ProMonitor. 1 1 City of Bristol College Student Disciplinary Policy and Procedures – APPENDIX 1 | April 2016 4 Examples of Breaches This list is not exhaustive. Minor Breach Minor breach of the Student Code of Conduct, persistent warning slips for: lateness, unauthorised absence, nonsubmission of student work, coursework and/or assignment deadline missed, disruptive behaviour, unduly noisy or unruly behaviour and smoking in non-smoking areas Major Breach Major breach of the Student Code of Conduct, failure to improve against the action plan(s) of a Yellow Card, offensive language or behaviour, persistent non-attendance, persistent lateness, refusal to identify themselves, incapability through drugs or alcohol (this could also be a Gross Breach and/or a support issue), acting in an unsafe manner, including failure to comply with Health and Safety Policy and Procedures (this could also be a Gross Breach), harassment, and disruption to the work or recreation of others Gross Breach Gross breach of the Student Code of Conduct, failure to improve against the action plan of a Red Card Written Warning(s), malpractice, theft, forgery, violence, serious threat of violence, dealing in illegal substances, deliberate damage to College property, sending or accessing and/or downloading of pornographic/offensive material via the internet, any unauthorised interference with software or data belonging to or used by the College, serious bullying, and any criminal activities affecting the College or other students. 5 Definitions Disciplinary Hearing: This is a formal procedure. Days: Reference to days means Working Days. Suspension: Following an incident, a student is instructed to leave College premises and to stay away from College temporarily, for up to 2 weeks. In some circumstances, the suspension may be extended if further investigation is necessary in order to conduct a fair hearing. The student should be supported with their studies during the suspension period. Exclusion: Following a Disciplinary Hearing, a student is withdrawn from the College. After a defined period they may re-enroll subject to any provisions made by the Panel. 1 2 City of Bristol College Student Disciplinary Policy and Procedures – APPENDIX 2 | April 2016 Appendix 2 – Supporting Documents Warning Slip proforma Warning Slip exemplar Yellow Card proforma Yellow Card exemplar action plan Red Card proforma Red Card exemplar action plan Red Card letter – student Red Card letter – parent/guardian Stage 3 suspension letter 1 3
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