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Regulations governing disciplin

 Part A - Academic discipline

B.1.          Basic Requirements

B.1.1.     Students of the Hall or Studium (who in this bylaw may be referred to as Junior members) must:

  1. all attend tutorials and classes punctually;
  2. complete the work set to a standard that is commensurate with their ability and by the deadlines that their tutors prescribe;
  3. sit such collections as their tutors prescribe, and achieve in them a standard that is commensurate with their ability.

B.2.          Tutors

B.2.1.     For the purposes of the Bylaw on Discipline, a tutor is defined as someone who has filed an academic report on a junior member’s work, or will do so in the current academic year, or has acted as Director of Studies for the junior member.

B.3.          Disciplinary Offences

B.3.1.     The use of dishonest means in any examination or in fulfilling any academic obligation is a serious disciplinary offence.  If a junior member is alleged or is suspected to have committed such an offence, the procedures set out in Part B of this Bylaw shall apply.

B.4.          Warning

B.4.1.     If in the opinion of any of his or her tutors a junior member is in breach of any of the academic obligations under paragraph 1.1 above, the Director of Studies will normally in the first instance remind him or her informally of these obligations. Should the breach be in the opinion of the Director of Studies serious or persistent, the Director of Studies shall specify the shortcomings in writing and issue a formal written warning that failure to rectify them will result in the invoking of probation, the breach of whose terms could, after subsequent reference to the Academic Review Committee, lead to severe penalties including expulsion from the Hall or Studium. The junior member will be given the opportunity to put his or her case and to draw attention to any mitigating circumstances that may apply.

B.4.2.     The Director of Studies’ specification of shortcomings and written warning and any representations made by the junior member will be placed on file and reported in writing to the Senior Tutor, who will ensure that the junior member understands what is required of him or her and the implications of failure to comply.

B.4.3.     If the Senior Tutor is interested in the matters relating to the junior member or is otherwise unable to act, the Moderators shall nominate another fellow to act in his or her place.  Throughout this Bylaw, references to the Senior Tutor shall include any such nominee.

 

A.5        Probation

A.5.1    If within reasonable time of the written warning the junior member fails to respond by meeting in full his or her academic obligations, his or her Director of Studies will recommend a period of probation normally of not less than eight weeks, at least five of the weeks being in Full Term. The Director of Studies will propose the duration and conditions of probation in writing to the Senior Tutor, who will seek the junior member’s agreement to them.

A.5.2    If agreement is reached, the Senior Tutor will confirm the duration and conditions in writing to both the Director of Studies and the junior member and will report the probation to the Moderators. He or she will send a copy of this Bylaw to the junior member and will draw attention to the possible consequences of failure to satisfy the terms of probation.

A.5.3    In the event of failure to agree, the junior member shall have the right to ask for the imposition of probation or its conditions to be referred for decision by the Academic Review Committee under the provisions of 7.1 below. The Academic Review Committee’s decision will be reported to the Moderators.

A.5.4    If the probationary terms include a requirement to achieve a specified standard in a collection, the latter will be externally marked. The marker will be told that the collection is a penal one but not the standard required.

A.6      Review of probation

A.6.1    At the end of the stated period of probation or sooner at the determination of the Director of Studies, the Director of Studies shall report in writing to the Senior Tutor, with a copy to the junior member, stating whether the terms of probation have been satisfied.

A.6.2    If all the terms of probation have been satisfied, the Senior Tutor will inform the junior member in writing that probation has been purged and report accordingly to the Moderators.

A.6.3    If the Director of Studies reports that any probationary terms have been breached, one (but not normally more than one) extension of probation may be proposed, under the same terms as before or subject to different conditions.  The Director of Studies is not obliged in any case to seek an extension of probation and a breach of the probationary terms may lead directly to a reference to the Academic Review Committee under 7.1 below.  The Senior Tutor will seek the junior member’s agreement to the extension of probation and its conditions, observing in every respect the provisions of paragraphs 4.2 to 5.2 above.

 

A.7Referral to the Academic Review Committee

A.7.1    The Academic Review Committee (“the Review Committee”) shall (except as otherwise provided below) consist of a Chairman and two other persons appointed by the Moderators. The Moderators shall not be members. The junior member’s tutors and any other interested persons shall (if otherwise members of the Review Committee) be replaced by other persons appointed by the Moderators. The members of the Review Committee thus constituted will appoint one among their number to take the chair. The Review Committee may regulate its proceedings as it sees fit including (without limitation) setting time limits on the evidence to be called and the representations to be made by either the junior member or the Director of Studies concerned consistent with providing a fair opportunity for each of them to present relevant evidence whilst ensuring that the matter is heard and determined expeditiously.

A.8Hearings concerning the imposition or extension of probation

A.8.1    If the junior member requests referral of the imposition or extension of probation or its conditions to the Review Committee, the Senior Tutor will send its Chairman copies of the Director of Studies’ specification of shortcomings and written warning (and, in the case of a proposed extension to probation, the Director of Studies’ report on probation and his or her recommendations as to its extension) and his or her proposals for the duration and conditions of probation or its extension, and any representations previously made by the junior member. The junior member shall state in writing his or her objections to the proposals, and the Director of Studies shall be invited to respond, a copy of any such response being sent to the junior member. The Review Committee shall meet to consider the case and may ask the junior member and the Director of Studies to attend the meeting and interview them. The junior member may attend at his or her own request but if the junior member does not attend the Review Committee may proceed in his or her absence. The Review Committee shall have the power to accept or reject or amend as it sees fit the proposals relating to probation or its extension. The adjudication of the Review Committee shall be communicated in writing to the Senior Tutor, the Director of Studies and to the junior member and shall be final.

A.9Hearings concerning a breach of probation

A.9.1    Except as provided for by extension of probation the Senior Tutor shall send to the Chairman of the Review Committee a written statement (“the Charge Sheet”) setting out the conditions of probation, the report of the Director of Studies, any correspondence with the junior member in relation to the probation and any warning leading to the probation, and any other information which the Senior Tutor deems relevant, including his or her recommendations as to penalty.

A.9.2    The Charge Sheet and this by-law shall be copied to the junior member.

A.9.3    The Chairman of the Review Committee shall call a meeting of the Committee, giving the junior member at least five days’ notice (not including Saturday and Sunday) unless the junior member agrees to shorter notice being given.  The Chairman has the responsibility of notification. The junior member shall be told in writing the time of the meeting and that he or she may submit written material up to 48 hours before the Review Committee meets.

A.9.4    Without prejudice to the Review Committee’s right to regulate its own proceedings, the following procedure shall normally be adopted.  The junior member and the Director of Studies shall attend the meeting and may be interviewed by the Review Committee provided that if the junior member fails or refuses to attend the Review Committee may proceed in his or her absence. The junior member may be accompanied by an advisor of his or her choice. The Senior Tutor shall explain the junior member’s breach of the conditions of probation.  The junior member shall be given an opportunity to respond.  

A.9.5    The Review Committee shall then decide whether the junior member has breached the terms of probation. If it is determined that the junior member has breached the terms of his or her probation,  the Chairman of the Review Committee shall inform him or her of this fact and of the Senior Tutor’s recommendation as to penalty and invite the junior member to make a plea in mitigation.  The Review Committee shall then consider the appropriate penalty.  The penalty may include: banning, rustication or expulsion from the Hall.  The Review Committee may attach such conditions as it sees fit to any penalty.  The junior member shall be told in writing of the Review Committee’s decision and its reasons.  He or she shall also be advised of his or her right of appeal to the Academic Appeals Committee.

A.9.6    The Chairman of the Review Committee shall at once report the Review Committee’s decision to the Moderators, the junior member’s Director of Studies, and the Senior Tutor, who shall report it to (a) the Proctors (if appropriate) and (b) any Hall or Studium staff affected by the decision.  The full communication to the junior member shall not normally be circulated, but shall be held in the Secretary’s office.  In the event of any appeal, it shall be available to members of the Academic Appeals Committee.

A.9.7    The words “banning”, “rustication” and “expulsion” shall bear the meanings given to them in Part A of Statute XI of the University’s Statutes and Regulations (substituting “the Hall” for “the University” in such definitions).

A.9.8    If the junior member is alleged to have committed any disciplinary offences as well as breaches of probationary conditions, the Senior Tutor may require, in the interests of dealing fairly and expeditiously with the matters concerning the junior member, that the matters should be referred solely to the Disciplinary Committee.  The Disciplinary Committee in such a case shall include at least one Director of Studies.  The Disciplinary Committee shall, with regard to the alleged breaches of probationary conditions, comply with the procedures set out in this By-law and be treated as the Academic Review Committee for the purposes of this By-law.

A.10                           Appeal

A.10.1 The Academic Appeals Committee ("the Appeals Committee") shall normally consist of the Moderators, and any others appointed by the Regent with the exception of the Senior Tutor. The junior member’s tutors and any other interested persons shall (if otherwise members of the Committee) be replaced by other persons appointed by the Moderators. In the absence of the Regent the members of the Appeals Committee thus constituted shall appoint one among their number to take the chair. The Appeals Committee may regulate its proceedings as it sees fit.

A.10.2 Any appeal must be made in writing to the Regent within five days (not including Saturday and Sunday) of the communication of the Review Committee’s decision to the junior member, stating the basis of the appeal.

A.10.3 The junior member may appeal on the following basis:

  1. errors in the Review Committee’s findings (which must be specified by the junior member);
  2. the disproportionality of the penalty to the gravity of the breach of academic obligations. 

A.10.4 The junior member is not entitled to bring an appeal which challenges the academic judgment of the Review Committee.

A.10.5 The Chairman of the Appeals Committee (normally the Regent) shall copy the junior member’s appeal to the Senior Tutor who shall respond in writing to the Chairman of the Appeals Committee within five days (not including Saturday or Sunday).  The Chairman of the Appeals Committee shall then copy that response to the junior member.

A.10.6 The Chairman of the Academic Appeals Committee shall call a meeting of the Appeals Committee giving the junior member at least five days’ notice (not including Saturday or Sunday) of such meeting, unless the junior member agrees to shorter notice being given.  The junior member shall be told in writing of the time of the meeting.

A.10.7 Without prejudice to the Academic Appeals Committee’s right to regulate its proceedings, the following procedure shall normally be adopted. The Academic Appeals Committee shall consider the junior member’s basis of appeal and the response of the Senior Tutor. The junior member may attend the meeting with an adviser of his or her choice and make oral representations. If the junior member elects to attend, the Senior Tutor may also attend (and may bring an adviser of his or her choice).  The Appeals Committee may in any case require the presence of the junior member, the Senior Tutor, and the Director of Studies and may interview them; in the event that the junior member or the Senior Tutor or the Director of Studies fails or refuses to attend the Appeals Committee may proceed in their absence.

A.10.8 The Appeals Committee has power to confirm or amend the decision of the Review Committee.  The Appeals Committee may attach such conditions as it sees fit to any penalty.   The junior member shall be told of the Appeals Committee’s decision and its reasons shall be given in writing.

A.10.9 The decision of the Appeals Committee shall be final in the Hall and Studium although a Hall student shall have the right to appeal the decision of the Appeals Committee to the Conference of Colleges' Appeals Tribunal.  If a junior member wishes to bring such an appeal, he shall file a written application with the secretariat of the Conference of Halls within five days of the date of the decision appealed against.  The application shall include:

  1. a copy of the decision being challenged
  2. a brief statement of the facts and arguments of law on which the                                        application is based
  3. the junior member’s request for relief
  4. where applicable, an application for a stay of the effects of the decision being challenged or for any other preliminary relief of an urgent nature
  5. the junior member’s address and, where applicable, the electronic        mail address at which he or she can be reached for the purpose of the proceedings.

A.10.10                   Where the provisions of paragraph 9.6 above have had effect, if any appeal made by the junior member relates both to disciplinary matters and any alleged breach of probationary matters then the appeals shall be referred solely to an Appeals Committee constituted in accordance with 5.4 of Part B of this By-law.  That Appeals Committee shall, with regard to any matter of academic discipline, be treated as the Academic Appeals Committee for the purposes of this By-law.

A.10.11                    The Chairman of the Appeals Committee shall at once report the Appeals Committee’s decision to the Senior Tutor who shall report it to the Moderators, and shall inform (a) the Proctors (if appropriate) and (b) any Hall staff affected by the decision.  The full communication to the junior member shall not normally be circulated, but shall be held in the Secretary’s office.

A.11                           Notice

A.11.1 During Full Term, any document that Part A of this Bylaw requires to be sent to a junior member shall be left for him in his pigeon-hole in the Hall and notification thereof shall also forthwith be sent by electronic mail to his or her electronic mail address at Blackfriars. 

A.11.2 Out of Full Term any document that Part A of this Bylaw requires to be sent to a junior member shall be sent by first class letter post to the home address last recorded by the Senior Tutor and notification thereof shall also forthwith be sent by electronic mail to his or her electronic mail address.

A.11.3 During Full Term, any document that this Bylaw requires to be sent by a junior member shall be given by hand to the Senior Tutor or the College Secretary for onward transmission to the person to whom the document is required to be given ("the relevant person").

A.11.4 Out of Full Term, any document that this Bylaw requires to be sent by a junior member may either (a) be given by hand to the Senior Tutor or the College Secretary for onward transmission to the relevant person or (b) may be sent to the Senior Tutor by  first class letter post, the envelope being marked “ACADEMIC DISCIPLINE:  URGENT” and notification thereof shall also forthwith be sent by electronic mail to the Senior Tutor 's electronic mail address at Blackfriars.

A.11.5 During Full Term any document that Part A of this Bylaw requires to be sent to a full-time student of the Hall or Studium shall be deemed to have been duly received 24 hours after it has been left in his or her pigeon-hole. During Full Term any document that Part A of this Bylaw requires to be sent to a part-time student of the Studium shall be deemed to have been duly received 72 hours after it has been left in his or her pigeon-hole.  Out of Full Term any document that Part A of this Bylaw requires to be sent to a junior member shall be deemed to have been duly received 72 hours after posting.

A.11.6 During Full Term, any document that this Bylaw requires to be sent by a junior member shall be deemed to have been duly received when it is handed to the Senior Tutor or College Secretary.  Out of Full Term, any document that this Bylaw requires to be sent by a junior member shall be deemed to have been duly received when it is handed to the Senior Tutor or College Secretary if it is dealt with under paragraph 11.4a or 72 hours after posting if dealt with under paragraph 11.4(b).

A.11.7 In the event that posting of a document is in issue, it shall be for the person who claims to have posted it to prove that it was posted.


Part B - Serious Misconduct

Tutors

B.1.1.     For the purposes of the Bylaw on Discipline, a tutor is defined as someone who has filed an academic report on a student’s work, or will do so in the current academic year, or has acted as Director of Studies for the student (who may also be referred to in this bylaw as the junior member).

B.2.       Charges

B.2.1.     If the Senior Dean believes that a student may have committed an offence which, if proved, would merit the junior member's being fined more than £150, banned, rusticated or expelled, he shall refer the case to the Disciplinary Committee.

B.2.2.     The Disciplinary Committee shall consist of a Chairman and two other persons from a larger panel appointed by the Moderators at the beginning of each academic year.  The student’s tutors and any other interested persons shall (if otherwise members of the Disciplinary Committee) be replaced by other persons appointed by the Senior Tutor. No Moderator nor the Senior Dean may be a member of the Disciplinary Committee. The Disciplinary Committee may, but shall not be obliged to, ask an assessor be present at its deliberations and to advise it. Such a person, who shall be known as the Disciplinary Assessor, shall have no vote.  The Disciplinary Committee may regulate its proceedings as it sees fit including (without limitation) setting time-limits on the evidence to be called by either the student or the Senior Dean consistent with providing a fair opportunity for each of them to present relevant evidence whilst ensuring that the matter is heard and determined expeditiously.

B.2.3.     If the Senior Dean is interested in the matters relating to the student or if he is otherwise unable to act, he shall appoint a deputy to act in his place.  Throughout this Bylaw, references to the Senior Dean shall include any such deputy.

B.3.       Referral to the Disciplinary Committee

B.3.1.     Except in the circumstances described at paragraph 4.1 below, when referring a case to the Disciplinary Committee, the Senior Dean shall send to the Chairman a written statement (the “Charge Sheet”) setting out the provision(s) of the Hall and Studium regulations which have allegedly been broken; the events which form the basis of the charge; the evidence on which the charge is based including the signed statement of any person he is proposing to call as a witness; and any other information which the Senior Dean deems relevant, including his recommendations as to penalty.

B.3.2.     The Charge Sheet and this bylaw shall be copied to the student concerned.  Copies shall also be sent to his or her Director of Studies, who shall be asked to comment in writing on the character of the student and any other matter that the Director thinks should properly be taken into account. These comments shall be copied to the student.

B.3.3.     The Chairman of the Disciplinary Committee shall call a meeting of the Disciplinary Committee giving the student at least five days’ notice (not including Saturday or Sunday), unless the student agrees to shorter notice being given.  The student shall be told in writing of the time of the meeting and that he or she may submit written material up to 48 hours before the Disciplinary Committee meets.  If the student intends to call any person as a witness at the meeting, the student shall include a written statement signed by such a person with the written material submitted to the Disciplinary Committee. 

B.3.4.     Without prejudice to the Disciplinary Committee’s right to regulate its proceedings, the following procedure shall normally be adopted.  The Senior Dean and the junior member charged shall attend the notified meeting of the Disciplinary Committee, provided that if the student fails or refuses to attend the Disciplinary Committee may proceed in his or her absence.  The Senior Dean and the student may each be accompanied by an advisor of their choice.  The Senior Dean shall present the case against the student in his or her presence (save where the Disciplinary Committee has decided to proceed in their absence) and may call any witness whose statement he has previously submitted to the Disciplinary Committee.  The student may question any witness called by the Senior Dean. After the conclusion of the Senior Dean’s evidence the student shall present his or her defence and may call any witness whose statement he or she has previously submitted to the Disciplinary Committee. The Senior Dean may question any witness called by the student. For the avoidance of doubt the Disciplinary Committee may also question any person called as a witness.  After the conclusion of the student member’s evidence the Senior Dean and after him the student member shall then each address a concluding statement to the Disciplinary Committee which shall then consider its verdict in the absence of all other persons.

B.3.5.     Where the case is found proved, the Disciplinary Committee shall announce its decision and invite the Senior Dean to make a submission as to the appropriate level of penalty.  The student shall then be entitled to make a plea in mitigation of the offence.  The Disciplinary Committee shall then consider the appropriate sentence in the absence of all other persons.  The penalty may include: requiring a Hall student to reside out of the Hall; a fine of any magnitude; banning, rustication or expulsion from the Hall or Studium. The Disciplinary Committee may attach such conditions as it sees fit to any penalty. The student shall be told in writing of the Disciplinary Committee’s decision and its reasons which shall include all findings of fact made by the Disciplinary Committee. He or she shall also be advised of his or her right of appeal to the Disciplinary Appeals Committee.

B.3.6.     The Chairman of the Disciplinary Committee shall at once report the Disciplinary Committee’s decision to the Senior Tutor, who shall report it to appropriate Directors of Studies, and shall inform the Proctors (if appropriate) and any Hall or Studium staff affected by the decision.  The full communication to the student shall not normally be circulated, but shall be held in the Secretary’s office.  In the event of any appeal, it shall be available to members of the Disciplinary Appeals Committee.

B.3.7.     The words “ban”, “rusticate” and “expel” shall bear the meanings given to them in Part A of Statute XI of the University of Oxford’s Statutes and Regulations (substituting “the Hall” for “the University” in such definitions).

B.4.       Referral to the Disciplinary Committee: Special provisions for criminal convictions and University of Oxford penalties

B.4.1.     The following procedures shall apply if a student of the Hall has either: (a) been convicted of a criminal offence capable of attracting an immediate sentence of imprisonment (whether or not such a sentence is imposed); or (b) been expelled, banned or rusticated by the University of Oxford for conduct which amounts to serious misconduct.  When referring such a case to the Disciplinary Committee, the Senior Dean shall send to the Chairman a written statement (the “Charge Sheet”) setting out the fact of the student’s criminal conviction or expulsion, banning or rustication by the University; and any other information which the Senior Dean deems relevant including his recommendations as to penalty.

B.4.2.     The Charge Sheet and this bylaw shall be copied to the student.  Copies shall also be sent to his or her Director of Studies, as appropriate, who shall be asked to comment in writing on the character of the student and any other matter that he or she thinks should properly be taken into account. These comments shall be copied to the student.

B.4.3.     The Chairman of the Disciplinary Committee shall call a meeting of the Disciplinary Committee giving the junior member at least five days’ notice (not including Saturday or Sunday) , unless the junior member agrees to shorter notice. The junior member shall be told in writing of the time of the meeting and that he may submit written material on the question of penalty up to 48 hours before the Disciplinary Committee meets.

B.4.4.     Without prejudice to the Disciplinary Committee’s right to regulate its proceedings, the following procedure shall normally be adopted.  The Senior Dean and the junior member shall attend the notified meeting of the Disciplinary Committee, provided that if the junior member fails or refuses to attend the Disciplinary Committee may proceed in his or her absence.  The Senior Dean and the junior member may each be accompanied by an advisor of their choice.  The Disciplinary Committee shall accept as fact all findings of fact made by the criminal court or by the University and the hearing shall proceed on that basis.  The Senior Dean shall present the case to the Disciplinary Committee and shall make representations concerning the appropriate penalty.  The Disciplinary Committee may request the attendance of any other person and may question him or her in relation to the question of penalty.  The junior member shall then be entitled to make a plea in mitigation of the offence.

B.4.5.     The Disciplinary Committee shall then decide upon the penalty to be imposed. The penalty may include: requiring the junior member to reside out of the Hall; a fine of any magnitude; or banning, rustication or expulsion from the Hall.  The Disciplinary Committee may attach such conditions as it sees fit to any penalty. The junior member shall be told in writing of the Disciplinary Committee’s decision and its reasons. He or she shall also be advised of his or her right of appeal to the Disciplinary Appeals Committee.

B.4.6.     The Chairman of the Disciplinary Committee shall at once report the Disciplinary Committee’s decision to the Senior Tutor, who shall report it to Directors of Studies, and shall inform the Proctors (if appropriate) and any Hall staff affected by the decision.  The full communication to the junior member shall not normally be circulated, but shall be held in the Secretary’s office.  In the event of any appeal, it shall be available to members of the Disciplinary Appeals Committee.

B.5.       Appeals

B.5.1.        The junior member must lodge any appeal against the findings or penalty of the Disciplinary Committee by writing to the Chairman of the Disciplinary Appeals Committee stating the basis of his or her appeal within five days (not including Saturday or Sunday) of the communication of the Disciplinary Committee’s decision to the junior member.

B.5.2.     The junior member may appeal on either or both of the following grounds:

  1. errors in the Disciplinary Committee’s findings (which must be specified by the junior member); or
  2. the disproportionality of the penalty to the gravity of the offence.

B.5.3.     The junior member shall not normally be permitted to introduce new evidence to the Disciplinary Appeals Committee where that evidence could reasonably have been presented to the Disciplinary Committee.

B.5.4.     The Disciplinary Appeals Committee shall consist of a panel of three of the four Moderators, or two of the Moderators and one other person appointed by them.  The junior member’s tutors and any other interested persons shall (if otherwise members of the Disciplinary Appeals Committee) be replaced by other persons appointed by the Moderators. The Disciplinary Appeals Committee shall regulate its proceedings as it sees fit.

B.5.5.     The Chairman of the Disciplinary Appeals Committee shall call a meeting of the Disciplinary Appeals Committee giving the junior member at least five days’ notice (not including Saturday and Sunday) of such meeting, unless the junior member agrees to shorter notice being given. The junior member shall be told in writing of the time of the meeting.

B.5.6.         Without prejudice to the Disciplinary Appeals Committee’s right to regulate its proceedings, the following procedure shall normally be adopted.  The Disciplinary Appeals Committee shall consider the junior member’s grounds of Appeal. The junior member may attend with an advisor of his or her choice and make oral representations on his or her grounds of Appeal. The Disciplinary Appeals Committee may in any event require the attendance of the junior member and the Senior Dean and may interview them and in the event that either fails or refuses to attend may proceed in their absence.

B.5.7.     The Disciplinary Appeals Committee may quash or confirm the decision appealed against, or make any order in substitution for it which the Disciplinary Committee could have made. The junior member shall be informed in writing of the Disciplinary Appeals Committee’s decision and the reasons for it.

B.5.8.     The Chairman of the Disciplinary Appeals Committee shall at once inform (a) the Proctors (if appropriate) and (b) any Hall or Studium staff affected by the decision. The full communication to the junior member shall not normally be circulated, but shall be held in the Secretary's office.

B.5.9.     The decision of the Disciplinary Appeals Committee shall be final in the Studium and the Hall although a Hall student shall have the right to appeal the decision of the Disciplinary Appeals Committee to the Conference of Colleges' Appeals Tribunal.  If a student wishes to bring such an appeal, he shall file a written application with the secretariat of the Conference of Colleges within five days of the date of the decision appealed against.  The application shall include:

  1. a copy of the decision being challenged
  2. a brief statement of the facts and arguments of law on which the application is based
  3. the junior member’s request for relief
  4. where applicable, an application for a stay of the effects of the decision being challenged or for any other preliminary relief of an urgent nature
  5. the junior member’s address and, where applicable, the electronic mail address at which he or she can be reached for the purpose of the proceedings.

B.6.       Appeal against fine

B.6.1.     A junior member who has been fined up to £150 by the Senior Dean may appeal this fine to the Senior Tutor, who may confirm, reduce or increase the fine. The appeal must be lodged in writing with the Senior Tutor within three days (not including Saturday or Sunday) of the imposition of the fine stating the basis of the appeal.  The grounds of appeal are either errors (which shall be specified) in the findings of fact of the Dean, or the disproportionality of the fine to the gravity of the offence. The appeal shall be copied to the Dean, who shall respond within five days (not including Saturday or Sunday). The decision of the Senior Tutor shall be final and shall be communicated to the junior member in writing, giving reasons.  The Senior Tutor shall have the power to increase the fine as he or she sees fit:

B.6.2.     in the event of trivial or frivolous appeals; or

B.6.3.     where he believes that the event warrants a more severe penalty than that already imposed.

B.7.       Notice

B.7.1.     During Full Term, any document that Part B of this Bylaw requires to be sent to a junior member shall be left for him or her in his or her pigeon-hole in the Hall/ Studium and notification thereof shall also forthwith be sent by electronic mail to his or her electronic mail address at Blackfriars. 

B.7.2.     Out of Full Term any document that Part B of this Bylaw requires to be sent to a junior member shall be sent by first class letter post to the home address last recorded by the Secretary and notification thereof shall also forthwith be sent by electronic mail to his or her electronic mail address at Blackfriars. 

B.7.3.     During Full Term, any document that this Bylaw requires to be sent by a junior member shall be given by hand to the Senior Tutor or the Secretary for onward transmission to the person to whom the document is required to be given ("the relevant person").

B.7.4.     Out of Full Term, any document that this Bylaw requires to be sent by a junior member may either (a) be given by hand to the Senior Tutor or the Secretary for onward transmission to the relevant person or (b) may be sent to the Senior Tutor by  first class letter post, the envelope being marked "DISCIPLINE:  URGENT" and notification thereof shall also forthwith be sent by electronic mail to the Senior Tutor’s electronic mail address at Blackfriars.

B.7.5.     During Full Term any document that Part B of this Bylaw requires to be sent to a full-time student of the Hall or Studium shall be deemed to have been duly received 24 hours after it has been left in his or her pigeon-hole.  During Full Term any document that Part B of this Bylaw requires to be sent to a part-time student of the Studium shall be deemed to have been duly received 72 hours after it has been left in his or her pigeon-hole. Out of Full Term any document that Part B of this Bylaw requires to be sent to a junior member shall be deemed to have been duly received 72 hours after posting.

B.7.6.     During Full Term, any document that this Bylaw requires to be sent by a junior member shall be deemed to have been duly received when it is handed to the Senior Tutor or College Secretary.  Out of Full Term, any document that this Bylaw requires to be sent by a junior member shall be deemed to have been duly received when it is handed to the Senior Tutor or College Secretary if it is dealt with under paragraph 7.4(a) or 72 hours after posting if dealt with under paragraph 7.4(b).

B.7.7.     In the event that posting of a document is in issue, it shall be for the person who claims to have posted it to prove that it was posted.

 


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