Non-Academic Misconduct

Here are some of our most Frequently Asked Questions about Non-Academic Misconduct.  If you can’t see your question answered – or would like more specific advice on your personal situation – please don’t hesitate to contact us at the Advice service at UWTSD Students’ Union.  We’re independent of the University, and won’t discuss your case with them without your permission.

What standards of behaviour are expected of me as a student?

The University aims to provide a supportive, safe, and inclusive learning environment for all. The Student Code of Conduct sets out the standards of behaviour that are expected. We’d encourage you to familiarise yourself with the Student Code of Conduct, as, if your behaviour is deemed to breach expectations, the Non-Academic Misconduct Policy may be applied. You’re welcome to contact us for help with clarifying any points you’re unsure about.

Do also make sure to declare any ongoing criminal investigations against you to the University at the earliest opportunity, as - even if these don't concern something that's happened at University - they still might be covered by the Student Code of Conduct.

What behaviour could lead to a Non-Academic Misconduct investigation?

  • Actions which cause actual or potential distress or harm to others or property.
  • Actions which may prevent or disrupt the normal functioning of the University.
  • Actions which may cause reputational damage to the University.
  • Breaches of the University’s Student Code of Conduct

This could include behaviour outside of the University, as well as on campus. Think of yourself as a representative of the University across different contexts, including how you come across on social media, for example.

I’ve been told the University is looking at a minor breach of Non-Academic Misconduct. What does this mean?

Non-Academic Misconduct offences are classified as either minor or major depending on the severity of the misconduct. For minor, straightforward breaches of conduct, normally a local approach is followed, often led by the Institute or a member of Professional Services, for instance, a senior person in Accommodation if it concerns an incident in halls of residence. The process is normally concluded within 14 days. At this stage, the University won't have taken a decision on what the penalty should be (or even if there should be one). It’s important to cooperate with the investigation as this will be seen in your favour when the University decides on how to proceed.Contact us as early as possible for advice and support with this stage.

How does the formal process work?

According to the Non Academic Misconduct Policy, allegations of major misconduct will be handled by a Case Officer. You'll receive a letter from the Academic Office outlining the reason for the investigation. This letter will explain the process moving forward. In relation to major offences, the purpose of the investigation is to gather all relevant information necessary to establish the facts of what has happened. You'll usually be invited to meet with the Case Officer, which is your opportunity to put across your 'side of the story', and (if you wish) to express remorse.

The University might impose 'precautionary measures' (for instance, you might be asked not to attend classes or to move out of your hall of residence while the investigation is ongoing). The University has the right to do this as part of its risk assessment. If there are 'precautionary measures' imposed, and you feel that these are unfair, you have up to 7 days to challenge them by applying for a Review of Outcome. You can contact us for support with this.

The whole investigation is usually conducted within 40 days. At the end of the investigation, if the case is deemed 'non-complex' and the case against you is upheld (i.e. if you're 'found guilty'), the Academic Office will write to you with your penalty. If it's deemed 'complex', it will go to a Panel.

I've been invited to a meeting with the Case Officer to talk about the allegation. How can I prepare for this?

When an allegation is made, or a concern raised, about your behaviour, the Case Officer may choose to interview you, other students, and any witnesses where appropriate. You should be fully informed of the allegations or concerns about you and be given an opportunity to respond and provide any evidence in support of your case.

To help you make sure that you raise all the issues you want to, it is a good idea to think through in advance what you would like to say. You can write key points down and tick off each point as you make it, to make sure you have covered everything.

Think about what evidence you have available to support your case. This could be documents such as: letters from your GP, evidence of a disability, emails asking for support.

If the investigation finds against me (i.e. if I'm 'found guilty'), what might happen?

The Non-Academic Misconduct Policy includes an indication of the penalties likely to apply in different circumstances, depending on the type of offence and its seriousness. For a Minor Offence you may receive a formal written warning or be required to sign a behavioural contract. For Major or Repeated Minor Offences there may be a requirement to suspend studies partially or fully for a specific period of time, or a delay to graduation. Alternatively, you may be excluded from University premises and/or from facilities or services for a specified period of time. It should be explained to you the reasons for the penalty selected and why any lesser penalty would not be suitable.

I’ve been invited to attend a Formal Panel – what does this mean?

Where possible and practical, you will be given the opportunity to attend any meetings or hearings related to the investigation in person. However, the University reserves the right to proceed in your absence, as long as you've been properly notified.

In relation to the process of the Panel, the Case Officer will present the case, and the Panel will ask them questions. Next, you’ll have an opportunity to put your case and give your statement. The Panel will also have questions for you.

If there is a ‘reporting student’, you won’t usually be in the same Panel meeting as them – the Panel will generally interview them separately, to make sure that you both have a chance to give your point of view freely.

The Panel will usually tell you its decision and (if the Panel upholds the case against you) its recommended penalty on the same day. You’ll then receive a letter from the Academic Office within a week of the Panel confirming the decision, and any conditions that come with it.

You can request to have a supporting person attend with you (which could be an SU Advisor); contact us to discuss this further.

I've been invited to attend a Panel. What should I include as part of my statement to the Panel?

What to include in your statement will depend on your individual circumstances and whether you are admitting or denying the allegations. As a general structure it can be helpful to consider the following points:

  • Reflection. If your actions may have breached the Student Code of Conduct and/or fallen short of the required standards, it is important to reflect on that. Explain your understanding of why a supportive, safe, and inclusive learning environment is important and exactly how your conduct may be cause for concern. If you can demonstrate that you fully understand the issue, you can show that you are taking the matter seriously and doing everything to make sure it does not happen again.
  • Apology. If you have breached rules, even if unintentionally, it is important to show remorse. Everyone makes mistakes, but being sorry shows the right attitude moving forward and can provide reassurance that this will not happen again.
  • Intent. Did you intend to breach the rules or cause concern? If you did intend your actions, it is best not to address this in your statement. If you had no intention, what happened?
  • Context. If there is some context to what happened that may help to explain your actions, be sure to include it but be careful with your tone. Do not try to excuse any breaches, but say that you would like to explain what was happening at the time to give some context to the allegations.
  • Mitigation. Are there any mitigating factors that, like context, may help to explain what happened or make it less serious? If, for example, you had reached out for help, or you had reported yourself for the concern at issue.
  • Extenuating Circumstances. Explain if anything was impacting you that may have affected your judgment/thinking. You need to be honest but careful with how you say what you say here. If something was happening that meant your judgment was impaired, that can itself be an issue if you did not show the appropriate insight at the time.
  • Conclusion. Finish with an explanation of what you have done/are going to do to prevent this from happening again and how you feel about continuing with your studies. A final reiterated apology and demonstration of commitment to adhering to the Student Code of Conduct moving forward can help to end your statement in the right tone.

I’m unhappy with the outcome of the formal stage. Can I request a review?

You can request a review, but bear in mind that you will need to meet one or more of the following grounds:

  • 23.2.1. “irregularities in the conduct of the procedure, which are of such a nature as to cause reasonable doubt whether the same decision would have been reached had they not occurred” – You can apply for a Review of Outcome if the procedure followed by the investigating Case Officer was incorrect, and this might have resulted in them reaching the wrong decision.
  • 23.2.2. “the existence of new material evidence which the student was unable, for compelling reasons, to provide earlier in the process” – You can apply for a Review of Outcome if there is new evidence that you can provide towards your case. However, to ask for a Review of Outcome on these 'grounds', you have to show that there's a good reason why you couldn't have provided this evidence in the first place.
  • 23.2.3. “that evidence is available to show that the outcome reached at an earlier stage was unreasonable. In this context, unreasonable shall be taken to mean that the outcome was not a possible conclusion which a similar hearing or process of consideration might have reached” – You can apply for a Review of Outcome if the Case Officer's decision is unreasonable, given the facts of your case.

To request a Review of Outcome, you’ll need to complete the SC11 Review of Outcome Form (which you can find here) and send it to the Academic Office – aocases@uwtsd.ac.uk.

A request for review of the outcome must be received on the required form not later than 14 days after the notification of the outcome.

There is one more option if your Review of Outcome is also rejected, or if you can't meet the 'grounds' for Review of Outcome but still believe that you've been treated unfairly. This is to submit a Complaint to the Office of the Independent Adjudicator for Higher Education, which is a national body that can investigate English and Welsh universities. You have up to 12 months to do this from your case closing at UWTSD. To do this, you'll need to request a 'Completion of Procedures' letter from the University, and follow the instructions here. Again, the Students' Union can help you with this part of the process, so please contact us for further support and guidance.