As members of the University of Liverpool students are expected to follow the Standards of Student Conduct to ensure that all members of the University community feel safe, supported and respected.
The University’s conduct policy applies not just within University premises or just within term-time. Your behaviour off campus and during vacations, weekends, and evenings may be taken into consideration.?
If you have received a complaint from the University regarding your behaviour or have been informed that you are being investigated for non-academic misconduct then you should seek advice from the guild advice service at the earliest opportunity.
What is the Process if you are investigated by the University
Local Disciplinary action
Less serious instances of misconduct may be considered under Local Disciplinary. Staff such as Heads of department, directors of professional services, heads of accommodation and hall managers and wardens can consider cases under Local Disciplinary.
If you are invited to an interview under Local Disciplinary you should be given at least 3 days notice and sent any evidence ahead of the interview. You are entitled to bring someone with you to this meeting and Guild advice staff can provide this support.
During the interview you will be given the opportunity to admit or deny the allegation and provide any information you wish the investigation to take into account.
You should receive the outcome of the interview and any penalties if the charge is found proven within 10 working days.
You may appeal against the outcome of a Local Disciplinary investigation if you feel
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That there were procedural irregularities in the consideration and in the decisions made under Local Disciplinary Action which had a material bearing on the outcome reached and therefore renders the outcome unfair;
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That new information is available which is material to the decisions taken and which, for good reason, was not available at the time that the case was considered
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That the penalty imposed is disproportionate to the offence.
You must submit your appeal within 10 working days of receiving the written outcome. A guild adviser can support you in submitting your appeal.
University disciplinary investigation
In cases of allegation of serious misconduct your case will be considered and investigated formally by the University.
The University may hold a Risk Assessment Panel to decide if any action needs to be taken whilst the investigation is conducted. You will be informed of any outcome in writing.
The University will appoint an investigating officer to gather evidence around the case. They will decide if any charges need to be considered at a University Disciplinary Panel.
The investigating officer will contact you within 5 working days of being given your case. You may be invited to submit a written statement if you wish. The Investigation officer will then invite you to an interview. You will be given at least 3 working days’ notice of any meeting. You are entitled to bring someone with you to this meeting and Guild advice staff can provide this support.
Following the interview you will be sent a copy of the notes and can either agree with the record or request changes.
The investigating officer may also interview any reporting students or witnesses.
When the investigator has completed their investigation, you will be informed if any charges are being made and the Officer’s final decision to how the case is to be considered; either at a University Disciplinary Panel or Local Disciplinary.
University Disciplinary Panel
The University Disciplinary Panel is a very serious and formal University procedure. We highly recommend that you take a Guild Adviser to the University Disciplinary Panel hearing with you for advice and support.
You will receive a letter with at least ten working days’ notice informing you of the date of the hearing, the membership of the Panel and the evidence base. You must submit any further statements or evidence at least 5 working days before the hearing.
The Panel itself is a very formal procedure. We advise that you dress smartly but comfortably and arrive 15 minutes before your hearing is due to start.
Members of the University Disciplinary Panel
Chair of the Panel – a University Staff member
A University Staff member
Guild Student Officer
Also in attendance
Adviser to the Panel - Ensures that the hearing follows the correct procedure
Note-taker - Records minutes of the meeting
The Investigating Officer - Presents the case to the Panel
The Hearing
At the start of the hearing the Chair will introduce everybody present and explain their roles. If there is a complainant in the case, they may also be present in the room with a supporter. They will ask you to confirm who you are and to also explain the role of anyone accompanying you to the meeting (i.e. a Guild Adviser would be there for advice and support).
The Chair will read out the charges against you and will ask you whether you admit or deny the charge.
If you admit the charge:
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The Chair will ask the Investigating Officer to present the case to the Panel. The Investigating Officer will provide a summary of their investigation and findings to the Panel.
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The Chair will invite you to make a statement, explaining the situation from your point of view.
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The reporting student may be invited to make a statement or the Adviser will read their statement out on their behalf.
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The Chair will ask if you have anything you wish to say in response to the reporting student’s statement.
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The Chair will then invite you to make a “plea in mitigation”. This is your opportunity to explain any mitigating circumstances that have been affecting you. The Panel may ask you questions about this.
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The Chair will ask you, the Investigating Officer and complainant (if present) to leave the room whilst the Panel make a decision about what penalty they may apply.
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You will then be invited back into the room and the Chair will let you know the Panel’s decision.
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The Chair will then close the hearing
If you deny the charge:
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The Chair will ask the Investigating Officer to present the case to the Panel. The Investigating Officer will provide a summary of their investigation and findings to the Panel.
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If the Investigating Officer is calling any witnesses, they will be invited into the room
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Members of the Panel may ask you, the reporting student and any witnesses questions about the case
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You may ask the reporting student and any witnesses questions through the Chair. The Chair will decide if your questions are reasonable.
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Members of the Panel may ask the investigating officer questions.
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Once questioning is complete the reporting student and any witnesses will be asked to leave the room.
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The Chair will invite you to make a statement, explaining the situation from your point of view.
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If you wish to call witnesses they will be invited into the room.
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Members of the Panel may ask you and any witnesses questions about the case
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Once questioning is complete any witnesses will be asked to leave the room.
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The Chair will ask if the investigating officer has anything to add.
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The Chair will ask if you have any further to add.
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The Chair will ask you and the Investigating Officer to leave the room whilst the Panel make a decision about the charges.
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If the charge is found not proven you will be informed and the hearing will be closed. The reporting student will be informed of the finding once you have left.
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If the charge is found proven you will be informed and the Chair will explain the reasoning. The reporting student will be informed of the finding.
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The reporting student may be invited to make a statement or the Adviser will read their statement out on their behalf. The reporting student will then be asked to leave the room.
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The Adviser will present any evidence of previous misconduct to the Panel.
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The Chair will then invite you to make a “plea in mitigation”. This is your opportunity to explain any mitigating circumstances that have been affecting you. The Panel may ask you questions about this.
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The Chair will ask you and the Investigating Officer to leave the room whilst the Panel make a decision about what penalty they may apply.
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You will then be invited back into the room and the Chair will let you know the Panel’s decision. You will be asked to leave the Panel.
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The reporting student will be informed of any penalties.
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The Chair will then close the hearing
Outcomes
The Panel has the power to impose a variety of different penalties and may decide to impose more than one penalty depending on the charge against you. The full list of potential sanctions can be found in the University’s policy on Student Conduct breaches and indicative sanctions.
Right of Appeal
If you admitted the charge, then you have the right to appeal against the penalty imposed by the University Disciplinary Panel.
You can only appeal on the following grounds;
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That new information exists which, for good reason, was not available at the time of the meeting of the University Disciplinary Panel and which could have ordinarily been considered, in mitigation, by the University Disciplinary Panel, when it determined the penalty imposed;
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There is compelling evidence that the penalty imposed was disproportionate to the offence.
If you denied the charge, then you can appeal against the finding and/or the penalty imposed by the University Disciplinary Panel
You can only appeal on the following grounds;
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That new information exists which, for good reason, was not available at the time of the University Disciplinary Hearing and which could have had a material bearing on the finding itself;
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That there were material irregularities in the conduct of the University Disciplinary investigation and/ or hearing.
You need to submit your appeal in writing to the Director of Student Experience and Enhancement and also copy in the Adviser to the Board of Appeal within ten working days of receiving your outcome letter.
In your appeal you need to include the following;
The Director of Student Experience and Enhancement will review your appeal and decide whether or not you have presented grounds for your appeal to be considered.
If it is decided that you have presented no evidence that your appeal should be considered then you will be informed of this writing and you will have no further right of appeal.
If you have presented evidence of grounds for an appeal then the Secretary will organise a Board of Appeal to reconsider your case.
A Guild Adviser can support you through this process. Contact our Advice team by email:?guildadvice@liv.ac.uk?or book an appointment with them by calling Reception on 0151 794 6868.