Student Disciplinary Regulations

1 Scope

  • 1.1 Students should behave appropriately at all times and shall maintain a standard of conduct which is not harmful to others or the work, good order and good name of the University. Students shall be responsible for familiarising themselves with the Student Code of Conduct, the Academic Regulations, and on such other Codes of Practice and Regulations of the University to ensure that they are know what it is expected of them.
  • 1.2 Allegations of any breaches of the Student Code of Conduct shall be dealt with according to these Student Disciplinary Regulations.
  • 1.3 The Student Disciplinary Regulations applies in relation to any activities engaged in, or services and facilities enjoyed, as a student of the University, or in the vicinity of any premises owned, leased or managed by the University. Disciplinary action may also be taken against a student in respect of any alleged misconduct wherever and whenever it may have taken place when it is considered necessary to protect the interests and reputation of the University and its members.
  • 1.4 The Student Disciplinary Regulations shall apply to all students during term-time and vacation and during any periods of deferral, regardless of registration status.
  • 1.5 Where concerns about a student may be considered under one or more sets of Regulations, the Regulations used will be those which are most appropriate, taking into account fairness to the student, the scope and purpose of the policies and the University’s responsibilities to professional bodies. Examples may include:
    • 1.5.1 Academic Offences. Where the misconduct relates to academic conduct, such as plagiarism, it will be more appropriate to consider matters under the Academic Regulations. There may be occasions where it is appropriate to refer the matter for consideration under the Academic Regulations and for the Disciplinary Panel to consider penalties only.
    • 1.5.2 Where a student is subject to disciplinary procedures has made a complaint, the University may wait until the outcome of the disciplinary process before responding to the complaint.

2 Principles Governing Disciplinary Processes

  • 2.1 Those involved in the University’s Student Disciplinary Regulations will have regard to the following principles:
    • 2.1.1 Fairness: both sides to any complaint of misconduct against a student will be dealt with fairly; however, fairness to the person making the complaint is limited to what is fair and reasonable to investigate their complaint. The University’s Student Disciplinary Procedure is not intended to resolve disputes between individuals but to address misconduct by students. Therefore, a complainant should only be involved during proceedings as a witness. Fairness to a student responding to allegations of misconduct is important and any person complained against has the right to know the nature and sufficient details of the complaint and to have a proper opportunity to respond to the complaint.
    • 2.1.2 Confidentiality: confidentiality must be strictly respected. Those seeking advice and support, and those who wish to make an informal complaint, can expect confidentiality. Information about a complainant will not be released without their consent, save in exceptional circumstances. If a formal complaint is made, however, it will be necessary for information to be given to the other party or parties, and, to the extent necessary, to those involved in any subsequent investigation and in any appeals that might follow. Where a student withholds their consent to this, it may not be possible to pursue the complaint. The University will process personal data, such as the outcome of any disciplinary proceedings, in accordance with data protection legislation.
    • 2.1.3 Timeliness: Normally complaints should be made without delay in order to allow investigations to commence promptly. A disciplinary procedure, once commenced, will be dealt with as quickly and expeditiously as possible, normally within 90 days and students will be kept informed during any delays. It may take longer if the issues are subject to a police investigation or criminal proceedings.
    • 2.1.4 Records and monitoring: The University and all those involved in this process must observe data protection legislation. Records about a student may be retained and kept securely to the extent necessary for the proper management of these Regulations. Records relating to conduct offences will be held on the student file, normally for the duration of the student’s time as a student of the University. The record will include details of the nature of the complaint against the student, the procedure followed, the time taken to resolve the issue and the outcome or sanction. The University will process personal data in accordance with data protection legislation.

3 Breaches of Student Code of Conduct

  • 3.1 The Student Code of Conduct which all students are expected to follow is outlined at Appendix A.
  • 3.2 Cases that would normally be regarded as disciplinary are breaches of Student Code of Conduct are set out below in what is a non-exhaustive list. These may include:
    • 3.2.1 conduct that interferes with the academic or administrative activities of the University, such as disruption of teaching, research, examinations, working of staff and other campus services;
    • 3.2.2 falsification or misuse of University records, including Degree, Diploma, or Certificate parchments;
    • 3.2.3 false pretence or impersonation of others within or without the University, in connection with academic attainments or financial awards;
    • 3.2.4 conduct within or without the University that is disorderly or which causes a nuisance (whether or not causing damage) and is seriously detrimental to the good name of the University (this will exclude student’s lawful right to an organised protest or use of public petition unless the behaviour is unlawful);
    • 3.2.5 violent, threatening, intimidating, harassing, abusive conduct, or conduct otherwise detrimental to the wellbeing of any person;
    • 3.2.6 behaviour that would comprise the integrity of the University’s activities by offering, promising, giving, receiving or soliciting a financial, academic or other advantage or favour as a means to influencing the actions of others, or otherwise securing a particular end.
  • 3.3 The above examples are illustrative only and shall not prevent the University from considering and adjudicating upon any other conduct which shall be referred to it as an alleged breach of discipline.
  • 3.4 Students should note that:
    • 3.4.1 Being under the influence of alcohol or illegal drugs will not normally be accepted as a mitigating factor or an excuse and may be regarded as an aggravating feature.
    • 3.4.2 If an alleged breach takes place outside University-owned premises or via virtual mechanisms such as, website, email, social media platforms, this will not prevent the University from pursuing the breach of discipline nor will it constitute a mitigating factor.
    • 3.4.3 If a student under investigation for an alleged breach of discipline permanently withdraws from the University during the process, or has permanently withdrawn prior to the investigation, the University reserves the right to continue to pursue disciplinary action in this situation. If a student found to have committed a breach of discipline permanently withdraws during or after a Disciplinary Panel hearing, the University reserves the option to impose a sanction on the student (or former student). For example, it might rescind a degree if it were found that a student had misrepresented his/her qualifications.

4 Criminal Investigations and Convictions.

  • 4.1 The Student Disciplinary Regulations do not replace a police investigation. Where serious incidents have occurred, students should report these to the police.
  • 4.2 In addition to the above, where a student has behaved in a manner which may lead to conviction under criminal law, provided that such conduct affects the interests of the University, it may be reported to the police.
  • 4.3 The University will not normally investigate complaints about student behaviour while there is an on-going police investigation or court proceedings. However, the University will consider whether any temporary measures are appropriate in the circumstances to support and protect the interests of all parties concerned.
  • 4.4 A student who is under criminal investigation should keep the University informed of any progress and/or change in status regarding his/her case.
  • 4.5 Conviction by the police or in a criminal court will be taken as conclusive evidence that the alleged offence has occurred, and no further investigation will be required by the University. In these circumstances, the focus of any subsequent disciplinary proceedings will include an assessment of the risk posed to staff or students. Any penalty imposed by the criminal court will be taken into account.
  • 4.6 Students are required to notify the University immediately of any conviction of a criminal offence in a court of law or formal caution for a criminal offence by a police officer.
  • 4.7 Where the victim of an alleged offence chooses not to report the matter to the police or does not co-operate with their inquiries, and irrespective of whether or not a preference for the matter to be dealt with internally has been indicated, the University reserves the right not to invoke its own procedures but may investigate where it deems it to be appropriate in all the circumstances.

5 Reporting breaches of Student Code of Conduct

  • 5.1 In all cases where a member of the University observes or is reliably informed of conduct which in their opinion may constitute a breach of the Student Code of Conduct, they should submit a written report of such conduct to the University General Administrator or his/her nominee.

6 Student Disciplinary process

  • 6.1 The University General Administrator or his/her nominee may decide on a case by case basis whether there is a case to answer and whether an investigation or Disciplinary Panel hearing proceedings under these Regulations should be instigated. S/he may:
    • 6.1.1 Undertake a preliminary review of the case by way of an investigatory interview to assess whether there has been a breach of the student code of conduct and whether further action is required;
    • OR
    • 6.1.2 arrange for the papers in relation to that allegation to be investigated by the relevant Senior Academic/Manager who will carry out a preliminary review of the case, by way of an interview where appropriate, in accordance with Section 7 below and who may impose appropriate sanctions;
    • OR
    • 6.1.3 set up a Disciplinary Panel unless it is deemed that this would be inappropriate (for example, because the matter may be dealt with under the Academic Offences Regulations or other procedures), in accordance with Section 8 below;
    • AND/OR
    • 6.1.4 refer to the Dean, for consideration of the use of the Dean’s authority of suspension and exclusion provided under Sections 6 below.
  • 6.2 An allegation of a breach of discipline may not be deemed to justify a Disciplinary Panel hearing and the allegation may not be pursued, if appropriate where they are vexatious, frivolous or there is no case to answer.

7 Suspension

  • 7.1 The Dean or his/her nominee may suspend a student from the University during the investigation of an alleged offence if it is deemed that such suspension is in the best interests of the University, its staff or students, or of the student(s) concerned, or is necessary to ensure an effective investigation. The suspension does not mean that the University has decided that any allegations are true.
  • 7.2 The suspension shall last until the outcome of the investigation of an alleged offence leads to the completion of procedure or until no longer required. The suspension will be reviewed at three week intervals.
  • 7.3 Any decision to suspend a student from the University will normally include the student’s exclusion from all University activities. This includes studying at or with the University and also the use of any University premises, accommodation and/or facilities unless otherwise decided.
  • 7.4 Where a student lives in the accommodation operated by a third party, the University may inform the third party of the suspension. Prior to any such notification, the University will assess the case and ensure that any information is provided in accordance with the provisions of the Data Protection Legislation.
  • 7.5 In the case of students on time-limited professional courses involving work placements, it may be necessary to impose enforced intermission during any investigation; that is, the period of intermission will not count as part of the time taken to complete the course and the student’s statutory funding, if any, may stop during the period. In such cases, the Dean may impose enforced intermission or delegate the authority to his/her nominee.

8 Investigatory Interview

  • 8.1 The University General Administrator or his/her nominee shall appoint an Investigator (normally a Senior Academic/ or Manager) who shall arrange an interview with the student against whom the allegations have been made.
  • 8.2 The University General Administrator or his/her nominee shall gather information regarding the case or allegation and shall confirm the arrangements for the interview by letter to the student. The student shall normally be informed by way of this letter at least 5 working days prior to the date of the interview.
  • 8.3 The letter shall also confirm the statement of the allegation(s) to be considered and the purpose of the interview, details of the date, time and place of the interview and those who will be present and copies of any evidence or documents to be considered in connection with the allegation.
  • 8.4 The student may submit before the interview meeting a written statement of their perception of the events to the interview
  • 8.5 The student shall be informed that they have a right to be accompanied by a friend. The student must inform the University General Administrator or his/her nominee who will be attending at least 5 working days prior to the date of the interview. The student may not have legal representation.
  • 8.6 At the interview, the substance of the allegation shall be discussed with the student(s) and the student shall be asked to present their perspective.
  • 8.7 The purpose of the interview shall be to determine:
    • 8.7.1 whether any breach of the Student Code of Conduct has been committed; and,
    • 8.7.2 the seriousness of such a breach, taking into account all the surrounding circumstances, including any past penalties imposed on the student.
  • 8.8 The following criteria may be used for classifying the seriousness of the breach and the appropriate action:
    • 8.8.1 Intent: an act which is planned in advance will normally be considered more serious than the one which is not;
    • 8.8.2 Extent: an act which is sustained and/or repetitive will normally be considered more serious than an act which is committed on a single occasion;
    • 8.8.3 Impact: an act which has an impact on other student(s) will be considered more serious than an act which affects only the perpetrator;
  • 8.9 The Investigator shall either:
    • 8.9.1 dismiss the allegation; or
    • 8.9.2 determine that a breach(es) may have occurred and either refer to the appropriate panel or impose one or more penalties as set out in Section 11 below;
  • 8.10 If the Investigator believes that the breach(es) are of serious nature and should be considered by the Disciplinary Panel, they shall make such a recommendation to the University General Administrator or his/her nominee and the provisions of Section 5 shall apply.
  • 8.11 If the Investigator believes that the student should be suspended whilst the procedure is carried out, they shall make such a recommendation to the Dean or his/her nominee and the provisions of Section 6 shall apply.
  • 8.12 A breach of discipline considered by the Investigator will be one for which the penalty would not require permanent or temporary exclusion from the University, nor any compensation above 250 Euros.
  • 8.13 If the student fails or declines to attend, without good reason, the Investigator shall proceed to consider the matter in accordance with this regulation, but in the student’s absence and on the basis of the written evidence provided.

9 Disciplinary Panel composition

  • 9.1 Where an alleged breach is referred to the Disciplinary Panel, the panel shall consist of at least three members and shall comprise:
    • 9.1.1 a Chair, appointed by the University General Administrator or his/her nominee;
    • 9.1.2 a member of the academic staff from the same School/College as that of the student;
    • 9.1.3 a member of the academic staff from another School/College as that of the student;
  • 9.2 The student can be accompanied by a friend. The accompanying person may not be a practicing advocate.
  • 9.3 The University General Administrator shall nominate a member of staff to act as General Administrator to the Panel. The General Administrator is responsible for advising the Panel on the Regulations. In the event of the Panel being divided over a decision to be taken, the Chair shall have a second and casting vote to determine the decision.

10 Disciplinary Panel Hearing

  • 10.1 The Disciplinary Panel meetings shall be held in closed session.
  • 10.2 The Chair of the Panel shall have authority to act on behalf of the Panel, with their express agreement, in making a decision on the case where a student admits or does not deny an offence.
  • 10.3 Prior to the hearing and as part of an investigation, a student shall be asked to present a statement of their version of events which is to be submitted to the General Administrator of the Disciplinary Panel before the date of the hearing for their consideration.
  • 10.4 Should a student notify the General Administrator of the Disciplinary Panel in advance of the hearing that he/she is unable to attend the hearing on the scheduled date, and has provided a satisfactory reason for their non-attendance; the University General Administrator or nominee will consider whether in all circumstances the hearing should be rescheduled. Under such circumstances, normally only one further attempt to reschedule the hearing will be made.
  • 10.6 10.5 If the student fails to attend this meeting, or to contact the General Administrator of the Disciplinary Panel to make alternate arrangements within five working days of notification of the allegation, the Panel may decide to progress with the deliberations. On completion of the hearing, the University General Administrator or nominee has the responsibility for notification in writing of the outcome of any hearing to all relevant parties within 5 working days.
  • 10.7 The standard of proof to prove the breach is on the balance of probabilities.

11 Conduct of Disciplinary Panel Hearing

  • 11.1 The hearing shall be conducted as follows:
    • 11.1.1 The Chair will open the proceedings;
    • 11.1.2 The Chair will explain the purpose of the hearing and the extent of his/her delegated powers in taking decisions on behalf of the University;
    • 11.1.3 The Chair will explain the penalties which are possible outcomes of the hearing if the allegation of misconduct is upheld as set out in Section 11;
    • 11.1.4 The Chair will establish names and identities of everyone present at the hearing and confirm the names of all witnesses who will be supplying evidence;
    • 11.1.5 The General Administrator will keep a record of all persons attending the hearing and whether or not the student has elected to be accompanied by a friend or representative in accordance with these regulations; or if the student has failed or declined to attend the hearing and the Chair’s decision, including the reasons for it;
    • 11.1.6 If the allegations involve several students, the Chair may decide to hear the allegations at one hearing subject to there being no reasonable objection from the student(s) or their representative(s);
    • 11.1.7 The Chair shall invite all parties, except witnesses, into the room,
    • 11.1.8 The Chair will remind all parties of their duty towards maintaining confidentiality.
    • 11.1.9 The Panel will not have access to the student’s previous record unless and until the allegation has been upheld;
    • 11.1.10 The Chair will request the Senior Academic/Manager, responsible for investigating the case, to present the case against the student, including submission or written or oral statements from witnesses;
    • 11.1.11 Any witness submitting a written statement may be asked to be in attendance to answer any questions. The witnesses will only be present for the presentation of their evidence.
    • 11.1.12 The Chair will request the student to respond to the allegations, including their submission of written or oral statements from witnesses. The student’s friend or representative may make this response if the student requests it;
    • 11.1.13 The Chair and Panel members may ask questions, through the Chair, of anyone present at the hearing at any time for the purposes of clarification;
    • 11.1.14 The Chair will invite the Senior Academic/Manager to make a final statement;
    • 11.1.15 The Chair will invite the student to make a final statement. The student’s friend or representative may make this statement if the students requests it.
    • 11.1.16 The Chair will ask everyone except the members of the Panel to withdraw from the room for deliberations to begin.
  • 11.2 The Chair is responsible for ensuring that the hearing is conducted in a fair manner but that the hearing does not replicate a court of law.
  • 11.3 The Chair will inform the Panel that their reasons leading up to the final decision will be informed in writing to the student at the end of the proceedings.
  • 11.4 The Chair may adjourn the hearing at any time if it is required for the fair hearing of the case.
  • 11.5 If the Panel has reached a decision, where the allegation against the student has been upheld and the application of penalties is to be considered, the Chair of the Panel may convene immediately a second meeting to determine the penalties to be applied. The Chair may decide to inform the student of the Panel’s decision in writing.
  • 11.6 Where an allegation has been upheld the student’s file/record will be made available to the Panel at this stage along with a short summary of the student’s current academic position. In arriving at a decision on disciplinary penalties to be applied, the Panel will take account of any previous penalties on record and shall impose the penalties according to the outcome of the case.
  • 11.7 The record of the hearing and all proceedings will be kept by Academic Registry and a copy will be placed on the student’s file. This will normally be retained for six years after graduation but may be retained for longer in more serious cases in accordance with Data Protection Legislation.
  • 11.8 The student will be informed in writing of the decision of the Panel within five working days.
  • 11.9 Where a disciplinary case has been brought against a student as the result of the complaint of another student, the student bringing the complaint may be informed of the outcome of the disciplinary provided that this does not breach data protection legislation and it is considered to be in the best interests of the complainant. Each case will be assessed on its own merit.

12 Penalties for breaches of Student Code of Conduct under Student Disciplinary Regulations

  • 12.1 Where the Disciplinary Panel find that a breach of discipline has been committed by the student or the student has admitted a breach the Panel will consider applying the penalties set out below. In imposing a penalty, the Panel will consider the seriousness of the breach and the proportionality of the penalty:
    • 12.1.1 No further action in respect of the breach of discipline;
    • 12.1.2 Oral reprimand from the Chair of Disciplinary Panel;
    • 12.1.3 Formal warning and a record of the warning will remain on the student’s file for a period of 12 months;
    • 12.1.4 Repair or restitution by the student to the property or equipment damaged or compensation to be payable of up to 250 Euros (the amount imposed to be proportional to the damage suffered);
    • 12.1.5 Removal or restriction of University benefits/facilities/privileges relevant to the offence;
    • 12.1.6 Requirement for written undertakings that the Student Code of Conduct and University Regulations will be observed for the remainder of the student’s studies by way of a contract for good behaviour/conduct;
    • 12.1.7 Report concern to the student’s accommodation provider in University managed residential property subject to the provisions of Data Protection legislation;
    • 12.1.8 Suspension either from the student’s course of study and related academic privileges, for a specified period of time or until specified conditions have been met;
    • 12.1.9 Withdrawal from the student’s course of study and related academic privileges;
    • 12.1.10 Expel the student from the University, which means that the student will not receive any credits achieved during their time and will not be allowed to return as a student to the University;
    • 12.1.11 Recommend to the Assessment Board the withholding or rescinding the award of a degree or other qualification from an individual where there has been fraud or misrepresentation.
  • 12.2 If a student fails to comply in whole or in part with any order of the Disciplinary Panel, the University General Administrator may refer that non-compliance back to the Disciplinary Panel for further consideration. The Panel is entitled to escalate the sanction within the options under Section 11 above.
  • 12.3 All cases will normally be concluded within one month of the receipt of the case by the University General Administrator or his/her nominee.
  • 12.4 The outcome of all cases and full written reasons shall be communicated to the student in writing.

13 Appeal

  • 13.1 The Appeal Regulations under Section 2.44 of the Academic Regulations 2016-17 provide a single process for a student who wishes to appeal against outcomes arising from the decisions made under the Student Disciplinary Regulations. Following an appeal the University will issue the student with a Completion of Procedures letter.

Appendix 1

The Student Code of Conduct

Students have an important role in the creation of a University Community which enables the enjoyment of education by all members. This Code of Conduct sets outs the expectations of behaviour that students should abide by. Students are expected to make themselves familiar with the Code.

Behavior that occurs on property owned or controlled by the university, in university online environments and classes, or at activities sponsored by or authorized by the university, is subject to university student conduct review and disciplinary action by the university. The Code of Conduct may also apply to behavior that occurs off campus when it may present a potential danger or threat to the health and safety of others or may reasonably lead to a hostile environment on campus. Disciplinary action may be initiated by the MIUC and sanctions imposed against any student or student organization found responsible of committing, attempting to commit, or intentionally assisting in the commission of the following category of conduct prohibited by the Code:

The University Community

You should:

  1. Comply with any reasonable requests from University staff seeking to maintain a positive working and learning environment
  2. Treat all University staff, students and visitors with courtesy and respect
  3. Respect other members’ basic rights to work and live in a safe, secure environment, free from anxiety, fear, intimidation and harassment
  4. Behave in a manner compatible with the University’s Equality and Diversity statement and not discriminate or harass anyone on the basis of their age, disability, gender re-assignment, marital status, pregnancy, race, religion or belief, sex or sexual orientation. 
  5. Treat University property, equipment and other materials and the property of others with care and respect

Personal responsibility and behaviour

You should:

  1. Remember that you represent the University to the outside world and you’re your behaviour should be appropriate
  2. On no occasion use personally abusive, threatening or violent behaviour. (This will be treated as a more serious breach of the Code)
  3. On no occasion commit or threaten to commit any act which endangers the safety of yourselves or others.
  4. Not engage in any dishonest behaviour.

Complying with University Policies

You should:

  1. Make yourself familiar with and abide by the University’s Health and Safety Regulations and Fire Regulations, and comply promptly with procedures in cases of emergency
  2. Make yourself familiar with and comply with the Internet, Intranet and email Code of Practice.
  3. Comply with the Students’ Union’s constitution and rules;
  4. Comply with the University’s Freedom of Speech and ‘No Platform’ Policy for visiting speakers.
  5. Comply with any other published University policies, codes or procedures which are designed to ensure the effective operation of the University.

Alcohol Free

All the installations and facilities of MIUC are alcohol-free. It’s not allowed the use, possession, or distribution of alcoholic beverages

Drug Free

All the installations and facilities of MIUC are drug-free.  It’s not allowed the use, possession, or distribution or being under the influence of illegal drugs or other controlled substances in violation of law. It is included in this:

  • abuse or misuse of prescription or over-the-counter medications, other chemical substances or other intoxicants
  • use, possession, manufacture, distribution, or being under the influence of designer drugs

Any infringement on this will have a disciplinary file and, in case of proof of evidences, MIUC will not provide any more classes and the student will terminate studies at the moment that the infringement is committed.

Student Disciplinary Regulations was last modified: July 14th, 2020 by Gobalo