STUDENT APPEAL AGAINST EXCLUSION OR EXPULSION PROCEDURE
Document Author(s):
Student Governance
Relevant to:
All LJMU Students
Approved by:
SMT on 11 June 2013 and ratified by
Academic Board on 24 June 2013
Responsibility for Policy:
Finance Director & Deputy Chief Executive
and University Secretary
Responsibility for Document
Director of Legal & Governance Services
Review:
Date introduced:
July 2013
Date(s) modified:
June 2016
Next Review Date:
June 2018
RELEVANT DOCUMENTS
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Data Protection Act 1998
RELATED POLICIES & DOCUMENTS
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Academic Framework Regulations
Academic Misconduct Procedures
Code of Acceptable Behaviour for Students in Partner Accommodation
Computing Disciplinary Procedures
Computing Facilities Conditions of Use
Criminal Convictions Policy
Equality & Diversity Policy
Fitness to Practise Policy
Fitness to Study Policy
Social Networking Statement
Student Code of Behaviour and Disciplinary Procedures
University Retention Schedule
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STUDENT APPEAL AGAINST EXCLUSION OR EXPULSION PROCEDURE
Please note that the Student Governance version of this document is the only version that is
maintained. Any printed copies should be viewed as ‘uncontrolled’ and as such may not
necessarily contain the latest updates and amendments.
1.
Introduction
1.1.
Students can be excluded or expelled from their programme of study or Liverpool
John Moores University (LJMU or the University) as an outcome following:

Student Disciplinary Procedures

Academic Misconduct Penalties

Regarding decision of the Criminal Convictions Panel

A decision of a Fitness to Practise Panel

Following consideration under the Fitness to Study Procedures

Any relevant policy that applies to students
1.2.
A recommendation for exclusion or expulsion requires approval the of the ViceChancellor. The recommendation should be sent in the first instance to Student
Governance who will collate the required documents for consideration by the ViceChancellor. Guidance on Exclusions and Expulsions is available at
https://www2.ljmu.ac.uk/corporate/SPR/126731.htm
1.3.
Following the Vice-Chancellor’s approval, the student will be formally advised of the
decision and the appeal procedure.
1.4.
This document outlines the procedure to be followed for an appeal against exclusion
or expulsion.
2.
Appeal against Exclusion or Expulsion
2.1.
Following notification of a formally approved decision of exclusion or expulsion
students have a right of appeal to the Board of Governors where the student
considers that the relevant procedures have not been followed correctly and/or that
the decisions made were unreasonable.
2.2.
Students can appeal against Exclusion of Expulsion if they can demonstrate that
there has been a procedural irregularity in the process that resulted in the
recommendation for Exclusion or Expulsion, and/or if they believe that the decision
made was demonstrably unreasonable.
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2.3.
In these circumstances, the expulsion will not be confirmed until the appeal has been
considered, but the student will be excluded/suspended from the University until the
appeal has been concluded.
2.4.
Normally appeals will be heard within 28 working days of being lodged, unless varied
by mutual agreement.
2.5.
The request for an appeal must be made in writing with full supporting evidence to
the Finance Director & Deputy Chief Executive and University Secretary within ten
(10) working days of the date of the decision letter.
2.6.
Appeals should be sent in the first instance to Student Governance at LJMU,
Kingsway
House,
22
Hatton
Garden,
Liverpool,
L3
2AJ.
Email:
[email protected]
2.7.
The appeal is not a reopening of the investigation and will not consider new
evidence other than evidence that was genuinely not available to the appellant at the
time of the original decision.
2.8.
The Governors will delegate responsibility for hearing an appeal to the
Exclusion/Expulsion Appeal Panel consisting of the following members who have no
connection to, or prior knowledge of, the case:
i.
Chair of the Appeal Panel, who is an independent or co-opted member of the
Board of Governors; advised on matters of procedure by the Finance Director
& Deputy Chief Executive and University Secretary (or nominee).
ii.
a member of University staff representing the Academic Board.
iii.
The President of Liverpool Students’ Union or his/her nominee from the
sabbatical officers.
2.9.
The appellant has the right to be accompanied by a friend. (See Appendix 1.)
2.10.
The Exclusion/Expulsion Appeal Panel Hearing Protocol is outlined in Appendix 2.
2.11.
The Panel will determine whether the appeal is upheld, upheld in part or not upheld
and determine one or more of the following:
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
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2.12.
No further action (the original decision and sanction remain the same)
Defer their decision pending further information
Remove the sanction and provide reasons for doing so
Refer the matter back to the appropriate stage of the preceding process for
reconsideration in light of the findings of the Appeal Panel.
Amend outcome/findings and provide reasons for doing so
Amend decision/sanction and provide reasons for doing so
The decision of the Appeal Panel is final and the student and the relevant Director
will be notified in writing of the decision by the Finance Director & Deputy Chief
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Executive and University Secretary (or nominee) within five (5) working days of the
decision.
2.13.
Prospective students who have previously been expelled from the University must
disclose this in any future applications to any LJMU programmes. The decision
whether or not to offer a place on any programme will rest with the Director of School
and the Director of Legal & Governance Services. Failure to disclose such
information will result in applications being rejected. Students who enrol without
declaring that they have been previously expelled from LJMU or another Higher
Education Insitution will be subject to disciplinary proceedings.
3.
Completion of Procedures and the Office of the Independent Adjudicator (OIA)
3.1.
A Completion of Procedures letter will be issued to students when the internal
procedures have been completed.
3.2.
Students who have completed all internal procedures and remain dissatisfied with
the outcome and consider that the University has failed to follow this procedure may
take their case to the Office of the Independent Adjudicator for Higher Education
(OIA). Further information can be found at http://www.oiahe.org.uk/
4.
Records
4.1.
Notes (not verbatim minutes) will be taken and will be available to the student
appellant on request.
4.2.
All files relating to an individual student's appeal outcome will be held by the Student
Governance Office. Records will be retained in accordance with the University
Retention Schedule.
5.
Amendments and Review of the Appeal against Exclusion and Expulsion
Procedure
5.1.
The University reserves the right to amend and review this procedure in light of
operating experience and/or prevailing circumstances.
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APPENDIX 1
Definition of a Friend
Student Governance procedures (e.g. Disciplinary, Academic Misconduct, Fitness to
Practise/Study and Complaints procedures) follow the principles of natural justice and
include the right for students to be accompanied by one ‘friend’ at all stages of the relevant
procedure, including meetings, formal investigations and hearings.
In this context, LJMU defines a ‘friend’ as a person who accompanies a student to provide
support, for example, an adviser from the Liverpool Students’ Union, a relative or a personal
friend, who is with the student during proceedings. Students are responsible for making their
own arrangements to have an appropriate ‘friend’ in attendance at proceedings.
The friend does not act as advocate for the student and should the student wish the friend to
speak on his/her behalf this must normally* be agreed at the start of the meeting or hearing
by the Investigating Officer or Chair of the Panel. During the meeting or hearing, the friend
may ask questions through the Investigating Officer or Chari of the Panel in order to clarify
issues or procedures.
*A friend may speak for the student without prior agreement where this would support the
provision of reasonable adjustment under the Equality Act 2010, for example, where a
student may need an English Sign Language interpreter.
No person can act as a friend where there is a conflict of interest or it can be demonstrated
that he or she has the potential to gain personal advantage through his or her attendance
(for example, if the friend is a student subject to the same or a related breach of the
University Rules).
Students have the right to seek legal advice and may request to be accompanied at a
meeting or hearing by a legal adviser such as a solicitor or other legal professional. The
University asserts that these meetings or hearings are internal proceedings and while the
attendance of a legal professional is not prohibited, his/her attendance must be in the
capacity of friend as defined above.
Further advice can be obtained from [email protected] or Liverpool Students’
Union at [email protected]
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APPENDIX 2
Exclusion/Expulsion Appeal Panel Hearing Protocol
The purpose of the Appeal Panel is to consider whether the relevant procedures have been
followed correctly and/or whether the decision to exclude or expel was reasonable in the
circumstances.
(Secretarial and administrative support will be provided by the Legal and Governance office).
1.
The Chair of the Appeal Panel will receive advice regarding protocol and procedure
from the Finance Director & Deputy Chief Executive and University Secretary (or
nominee).
2.
On appeal, evidence/witness statements will be circulated to the panel. All parties will
receive the papers in advance of the appeal hearing.
Before the Hearing
1.
All documentary evidence will be exchanged between the parties and forwarded to the
Appeal Panel at least 3 working days in advance of the appeal hearing taking place.
2.
Both the student appellant and the Presenting Officer have a responsibility to indicate
an intention to call witness(es) by providing the administrator with a list of names at
least seven (7) working days prior to the hearing taking place.
3.
Witnesses called by the Presenting Officer will be notified of their requirement to
attend by the administrator.
4.
The appellant who wishes to call witnesses, must make his/her own arrangements.
5.
Where appropriate, the Chair may also call witnesses or request further information to
clarify the circumstances of the case.
At the Hearing
1.
The Chair will explain the status of the hearing, which is established in accordance
with the University’s Articles of Government. The appeal represents the last stage of
the University’s procedures and the decision of the panel is final.
2.
The Chair’s Adviser has the right to intervene during an appeal hearing on matters of
procedure and policy
3.
The Chair will ascertain the names and roles of all present and confirm the names of
the witnesses (if any). The Chair will confirm who is to be the spokesperson for the
student appellant (either the student or his/her friend) throughout the hearing. Where
appropriate the Chair will confirm, for the record, that a student has chosen not to be
represented by a friend.
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4.
The Chair will summarise the key points to be considered at the hearing.
5.
Following this, the Chair will invite the appellant to present the case for appeal and to
call his/her witnesses (if any).
6.
The Chair will invite the Presenting Officer to question the appellant and/or witnesses,
at appropriate stages during the appellant’s statement of case.
7.
Members of the Panel can ask questions at any stage during the appellant’s
statement of case and may seek clarification of any statement made in support of the
appeal. The Chair will normally reserve the majority of his/her questions until the
statement of case, and any questions from the Presenting Officer have been
completed.
8.
The Chair will invite the Presenting Officer to respond to the case for appeal and to
call his/her witnesses (if any).
9.
The Chair will invite the appellant to question the Presenting Officer and/or witnesses,
at appropriate stages.
10.
The Panel can ask questions at any stage during the Presenting Officer’s response.
The Chair of the Exclusion/Expulsion Appeal Panel will normally reserve the majority
of his/her questions until the response, and any questions from the appellant, have
been completed.
11.
The Chair may offer the appellant and the Presenting Officer a short time to prepare
their final summary statements. If required, the Chair may adjourn the Hearing for a
specified period.
12.
The Chair will invite the appellant to sum up.
13.
The Chair will invite the Presenting Officer to sum up.
14.
The Chair will then adjourn the hearing. Everyone, except the Chair, members of the
Panel, the Adviser and Note Taker, will withdraw from the room to allow the Panel to
make a decision.
15.
In exceptional circumstances, the Panel may defer its decision pending its request for
information. Should this be the case, all parties will be informed about the nature of
the enquiry.
16.
Following discussion, Panel members will advise the Chair of their opinion of the
case. The Chair will act as final arbiter in the matter.
17.
The Panel will determine whether the appeal is upheld, upheld in part or not upheld
and determine one or more of the following:
 no further action (the original decision and sanction remain the same)

defer their decision pending further information
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18.

remove the sanction and provide reasons for doing so

refer the matter back to the appropriate stage of the preceding process for
reconsideration in the light of the findings of the Appeal Panel

amend outcome/findings and provide reasons for doing so

amend decision/sanction and provide reasons for doing so
The decision of the panel will be confirmed to all parties in writing by the Finance
Director & Deputy Chief Executive and University Secretary (or nominee) within 5
working days of the decision.
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APPENDIX 3
LINKS TO RELATED POLICIES AND PROCEDURES
Academic Misconduct
https://www.ljmu.ac.uk/~/media/sample-sharepointlibraries/policy-documents/6.pdf?la=en
Criminal Convictions
https://www.ljmu.ac.uk/~/media/sample-sharepointlibraries/policy-documents/189.pdf?la=en
Fitness to Practise
https://www.ljmu.ac.uk/~/media/sample-sharepointlibraries/policy-documents/52.pdf?la=en
Fitness To Study Policy
https://www.ljmu.ac.uk/~/media/sample-sharepointlibraries/policy-documents/53.pdf?la=en
Student Code of Behaviour and
Disciplinary Procedures
https://www.ljmu.ac.uk/~/media/sample-sharepointlibraries/policy-documents/139.pdf?la=en
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