Disciplinary Procedures

Students at Swansea University are part of a community, which expects its members to adhere to the University rules and regulations, to show respect for persons and property and to behave in a way that does not interfere with normal operations of the University. Where the behaviour of a student is alleged to constitute a disciplinary offence (defined in Section 7), these Disciplinary Procedures will be instigated.

These Procedures set out the actions which will be taken in the case of alleged disciplinary offences and the sanctions that may be imposed.

In accepting the offer of a place at the University, students are committed to strict compliance with all rules, regulations and procedures of the University, in force from time to time (hereinafter referred to as the 'Regulations'). Students are reminded that the Regulations (to include these Disciplinary Procedures) apply to them from the date they accept an offer for admission to one of the University’s programmes until their graduation/ withdrawal from the University.

The following principles shall apply when dealing with a disciplinary offence:

• Any member of staff or any student may initiate the disciplinary procedures against a student (in this context, staff means any member of staff working for or on the University property, including Students' Union and Sports Swansea staff).
• A person reporting a disciplinary offence will not suffer any disadvantage or recrimination as the result of reporting the offence in good faith. Only if a report of a disciplinary offence is judged to have been made frivolously, vexatiously or with malice, could disciplinary issues arise in relation to the person reporting the offence;
• A student shall be presumed to be innocent until proven otherwise, the burden of proof (duty of proving the allegation) shall rest on the University and the standard of proof shall be on the balance of probabilities;
• The findings previously determined as part of a formal Dignity at Work and Study complaint outcome shall be deemed conclusive evidence of the facts investigated in the case. Neither the student nor the Committee may challenge such findings, unless such findings have already been overturned through a Final Review.
• Students are reminded that the Students' Union Advice Centre may be able to assist or offer advice in confidence. To make an appointment to see someone at the Students’ Union you can contact the Advice Centre via the new portal for contact for students at http://hello.swansea-union.co.uk/ where you can raise a ticket selecting category - Advice & Support from the drop down menu;
• Students are also reminded that they can access support from Student Services Wellbeing Services;
• The details of a disciplinary case, including the identity of the student(s) involved will be kept confidential wherever possible. However, a small number of persons will need to be informed about the allegation(s) and identity of student(s) involved for the purpose of conducting risk assessments (see Appendix 2) and maintaining records of outcomes of cases (see Appendices 3 and 4). In addition, in the course of the investigation, the case investigator may need to interview or contact other persons, or seek further documentation or verification of information from other persons. Where the nature of the alleged offence suggests that there may be a risk of harm to the student themselves and/or to others, or may seriously impede the normal operations of the University, a risk assessment will be undertaken pending the outcome of the disciplinary process as detailed within Appendix 2;
• The University has a duty of care for the safety and well-being of its students, staff and visitors. Consequently, the University practices an information sharing protocol with the South Wales Police, whereby the South Wales Police can disclose details of criminal investigations involving students (to include, but not limited to, details of students’ arrests, charges cautions and convictions) to the University; and the University shall, provided that the requirements of the General Data Protection Regulation 2018 are met, provide personal information, such as photographs and addresses to the Police under the remit of the prevention or detection of crime;
• Upon receipt of all data relating to criminal investigations, charges or convictions, pertinent to the University's duty of care, the University will carry out a risk assessment regarding the individual(s) concerned (see Appendix 2). Accordingly, if any member of staff or another student becomes aware of a student being investigated in relation to, or convicted of, a criminal offence during their studies that member of staff/student must immediately refer the matter to Education Services in accordance with paragraph 10. below;
• The University will normally complete the investigation and determination of alleged disciplinary offences within 60 days of the student being advised in writing by Education Services of the allegation. This timescale is likely to be extended, however, in complex or serious cases which may include cases referred to a Committee of Enquiry and cases where police investigations/court proceedings are ongoing. Where delays occur the student shall be kept informed of the progress of the case, the reasons for the delay and wherever possible provided with an estimated timescale for the conclusion of the case.

These Disciplinary Procedures apply to every student of Swansea University, from the date they accept an offer for admission to one of the University’s programmes until their graduation/withdrawal from the University. This includes students studying on joint degree programmes, those who have suspended studies and those who are studying elsewhere as an integral part of the degree.

These Procedures apply to students when they are at the University and, equally, when they are away from the University and its environs, including any settings into which students are placed as part of their training and during any periods of suspension.

Any student who commits a criminal offence (including criminal offences committed off campus) may face disciplinary action and/or criminal proceedings. Students are required to provide the University with details of any:

• Police investigations which they are a party to as a suspect;
• Police interviews as a suspect and/or under caution;
• Criminal arrests they are subject to;
• Criminal charges they are subject to;
• Criminal court proceedings where they are a defendant;
• Criminal Convictions they receive;
• Criminal cautions they receive;
• Criminal release or bail conditions they are subject to;

at:

• The application stage (as may be required by the Admissions Officer);
• Between the admissions and the enrolment stage; and
• Whilst enrolled as a student of the University.

Such information is required to enable the University to carry out a risk assessment regarding the individual(s) concerned pertinent to the University's duty of care. As soon a student falls within any of the situations listed above they must report this immediately by email to the Director of Education Services at studentcases@swansea.ac.uk.

• Students are not, however, required to provide the University with details of motoring offences for which a fine and maximum penalty of 3 points are imposed;
• Students should, wherever possible, ensure that any guests they bring onto campus behave in an appropriate manner, which does not contravene any University regulations;
• It is a student's responsibility to ensure that their contact details are correct on the central records system. The University bears no responsibility for letters that do not reach a student due to their record not being kept up to date. 

The Regulations will not apply to actions taken in response to failures by students to achieve the required standards of academic work, levels of attendance or to fulfil other academic requirements. These are covered by separate regulations and procedures. Unprofessional conduct and fitness to practise are also covered under separate regulations.

7.1

Disciplinary offences are unjustifiable or unlawful actions, which offend, harm or damage, or have the potential to offend, harm or damage, members of the University, the public, guests of the University or its property, activities or reputation. They include actions which interfere, or have the potential to interfere, with the proper functioning of the University or any member of it pursuing their work or study.

7.2

The University categorises disciplinary offences by consideration of the severity of the offence. A list of examples of disciplinary offences and their indicative category is at Appendix 1. Lists of sanctions which may be applied for different category offences is at Appendices 3 and 4.

Both of these lists are non-exhaustive and indicative only. All cases will be dealt with on a case by case basis (i.e. taking into account the context of each allegation) at the discretion of the person/Panel dealing with the case. In some circumstances, if aggravating factors are present (outlined at Section 7.3), the category of an offence may be increased and therefore subject to more severe penalties. Similarly, if mitigating factors are present (outlined at Section 7.4), the category of an offence may be reduced and therefore subject to less severe penalties. Where the alleged offence does not fit within one of the listed offences, the Education Services nominee will use their discretion to determine the category of offence.

The regulations will be applied in a rational, common sense manner, cases will be taken in context and consideration will be given to the gravity of the alleged offence.

7.3   Aggravating Factors

The offence may be considered more serious and thus allocated to a higher category and/or more severe penalties applied due to the presence of aggravating factors. These factors could include, but are not limited to, the following:

• Offences which are related to protected characteristics under the Equality Act 2010;
• Offences which directly or indirectly cause a physical injury;
• Offences which occur within the University’s campus/accommodation;
• Offences involving children or vulnerable adults;
• Offences involving another member of the University;
• Offences where a student has received a previous warning or sanction.

7.4   Mitigating Factors

The offence may be considered less serious and thus allocated to a lower category and/or less severe penalties applied due to the presence of mitigating factors. These factors could include, but are not limited to, the following:

• Offences that could reasonably be perceived to have been committed without the intent to cause harm, damage or upset;
• The context surrounding a specific offence;
• Where the student had relevant health or personal circumstances at the time of offence.

The University does not consider being under the influence of alcohol or drugs at the time of the offence to constitute a mitigating factor.

8.1

Certain sections of the University such as Accommodation, Library and some Departmental laboratories operate their own internal Safety/Disciplinary Regulations. These miscellaneous regulations take precedence over the University Disciplinary Procedures in the first instance. However, the University reserves the right to refer more serious/complex cases to be dealt with under the University Disciplinary Procedures.

8.2

Alleged disciplinary offences which fall under both the University’s and Students Union’s Disciplinary Procedures will be investigated and determined jointly by the University and Students’ Union in accordance with Section 14. The definition of a disciplinary offence for such cases is set out within Section 14.

The University and Students Union may share with each other any information pertinent to such allegations, such as personal details of the student accused of the allegation and information relating to the allegation.

9.1

Students are required to provide the Director of Education Services (by email to studentcases@swansea.ac.uk) with details of any police investigations, criminal court proceedings, criminal arrests, charges or cautions they are subject to, convictions they receive and of any release/bail conditions imposed upon them (see Regulation 5 for more detail).

9.2

Where the disciplinary offence in question is subject to an ongoing police investigation/legal proceedings a decision will not normally be made under these regulations until the criminal investigation/legal proceedings concerned have been concluded. Instead the case will be referred to as "deferred pending the outcome of the criminal investigation/ legal proceedings".

9.3

Being mindful of the University's duty of care to others, this deferral may, depending on the gravity of the offence, be subject to certain interim risk assessment measures such as the imposition of an interim Behavioural Contract or a partial or full suspension from the University and its premises (see Appendix 2).

9.4

The case shall be reviewed upon any developments in the police investigation/legal proceedings. Students are reminded that they are under an obligation to keep the University informed as to the status of their case.

9.5 

When the police investigations have been concluded and, either the student has been prosecuted, or a decision not to prosecute has been taken, the Education Services nominee/Student Disciplinary Officer shall decide whether disciplinary action under these regulations should continue to be taken.

9.6

Where the student has been convicted of a criminal offence, the conviction shall be deemed conclusive evidence that the offence had been committed – i.e. the University decision maker should not seek to ‘go behind’ the conviction or reach another conclusion in relation to the matters that led to the conviction.

9.7

Where a student has been found not guilty of a criminal offence by a Court or the police have not proceeded with a criminal investigation, the University may still proceed to determine whether a disciplinary offence has been committed based on the evidence received.  

It will be at the complete discretion of the Director of Education Services (or nominee) to decide whether to allow a disciplinary matter to proceed through the University’s Disciplinary Procedure if the criminal offence for which the student was found not guilty or for which the police have not proceeded with a criminal investigation relates to a reporting student who has graduated/withdrawn from the University by the time of the not guilty verdict or police no further action decision and/or relates to a reporting current student who does not submit a formal disciplinary report to Education Services within one month of the not guilty verdict or police no further action decision.       

9.8

Where a student is determined to have committed a disciplinary offence and the student has also been sentenced by a criminal court in respect of the same facts, the court's penalty shall be taken into consideration in determining the outcome/sanction under these Procedures.

9.9 

A student, on whom a custodial sentence is imposed, shall normally be required to suspend studies for the duration of the custodial sentence or beyond. 

9.10

Where the custodial sentence is 12 months or more, or longer than the remainder of the duration of the student's candidature period, a senior member of staff within Education Services (“the nominee”) on behalf of the Student Cases Board will normally require the student to withdraw from the University. Education Services shall confirm this decision in writing to the student. The student may, however, request a review of this decision to the Director of Education Services under the Final Review Procedure within 14 working days of the date of the decision (see 14 below).

9.11

In any case where the student has suspended due to a custodial sentence, the student's return to the University would be conditional upon the satisfactory outcome of an interim risk assessment (see Appendix 2). Conditions and restrictions may be imposed governing the student's movements and conduct if the student is allowed to resume studies.

The University's online reporting form is available to students and should be used to make disclosures related to any potential disciplinary offences regarding:

• Physical misconduct
• Sexual misconduct
• Abusive behaviour

A list of examples of the above types of misconduct and behaviour is at Appendix 1.

All other potential disciplinary offences, and any offences being reported by staff, should be reported by staff or students to the Director of Education Services, in writing as soon as possible after they occur. The report should contain the following information:

• Person or persons against whom the allegation of misconduct is made;
• Nature of the alleged incident(s);
• Time and location of the incident(s);
• Witnesses who observed the incident(s) and/or others made aware of the incident(s);
• Any relevant documentation/evidence.

Any student who, it is alleged, has committed a disciplinary offence (defined at Section 7.1) may be subject to disciplinary proceedings, in accordance with Section 11.1 below.

Where the alleged disciplinary offence may fall under both the Disciplinary Procedures of the University and Students’ Union, the procedures set out at Section 14 will normally apply instead.

11.1 Stage 1 - Preliminary Assessment

The Education Services nominee  will make a preliminary assessment of the case and assess whether a prima facie (i.e. potential) case exists. Where the nominee considers it to be appropriate, they shall advise the student of the allegation of misconduct in writing, and give the student 7 working days in which to respond in writing to the allegation. If the student fails to respond to the allegation then the nominee may assess the case, based on the available evidence.

Factors which the nominee will take into consideration are whether the case has been dealt with under any other University procedure/regulations; whether the case should be dealt with under another University procedure such as the Accommodation Disciplinary Regulations; whether the case is subject to criminal investigation/legal proceedings; and the gravity and complexity of the case.

Pending the completion of the preliminary assessment the nominee may carry out an interim risk assessment in accordance with the process detailed at Appendix 2.

Following completion of the preliminary assessment, the nominee may determine any or a combination of the following outcomes:

a) Dismiss the case;

b) Carry out an interim risk assessment in accordance with the process detailed at Appendix 2;

c) Remind the student concerned of the Disciplinary Regulations but take no further action;

d) Where the nominee determines there to exist a prima facie (i.e. potential) Category 1 disciplinary offence (see indicative categories at Appendix 1), and having regard to any aggravating and mitigating factors (see 7.3 and 7.4), the nominee may invite the student to accept one or more of the sanctions listed at Appendix 3; Section A. Where the student rejects this outcome or does not comply with the outcome within the timescale specified by the nominee, the nominee may determine a different outcome under Section 11.1 or refer the case to the Student Disciplinary Officer;

e) Where the nominee determines there to exist a prima facie (i.e. potential) Category 2 or 3 disciplinary offence (see indicative categories at Appendix 1), the nominee may refer the case to the Student Disciplinary Officer. Alternatively, the nominee may in such cases, where considered appropriate by the nominee, invite the student to accept by way of early resolution a Category 1 disciplinary offence sanction/s in accordance with Appendix 3 Section A rather than escalate the matter to the Student Disciplinary Officer. Where the student rejects the early resolution outcome or does not comply with the outcome within the timescale specified by the nominee, the nominee will refer the case to the Student Disciplinary Officer;

f) Refer the case to another officer to be dealt with under other University procedures/regulations;

g) Defer the case pending criminal investigation/legal proceedings (see Section 9.2).

11.2 Stage 2 - Referral to the Student Disciplinary Officer

On receipt of the evidence the Student Disciplinary Officer shall decide what action (if any) would be appropriate. In making their decision the Student Disciplinary Officer shall have the right to contact any of the parties concerned by telephone, email or request a meeting in person to seek clarification or elaboration on any point. Where a meeting is deemed appropriate, the student(s) shall be entitled to be accompanied to the meeting by a friend or colleague (who is a member of the University) or a Students' Union representative provided that the name and status of this individual is formally advised to the University no less than 24 hours beforehand.

It will be for the Student Disciplinary Officer to decide whether it is necessary and appropriate, as part of their consideration of the case and taking into account the confidential nature of disciplinary proceedings against the student, for any evidence that has been provided or obtained, to be provided to a reporting student/s and/or any witness/es.

Where the Student Disciplinary Officer considers there to be a conflict of interests in their dealing with the case (e.g. they are personal tutor to the student) or is unavailable, the case will be referred to the Deputy Student Disciplinary Officer to deal with in accordance with these Disciplinary Procedures in place of the Student Disciplinary Officer.  Any reference to Student Disciplinary Officer in these procedures therefore also covers Deputy Student Disciplinary Officer.

Outcomes available to the Student Disciplinary Officer:

• The Student Disciplinary Officer will normally reach a decision within 5 working days of receiving the evidence and (where applicable) meeting with the student. The nominee will notify the student, in writing, as soon as possible of the Student Disciplinary Officer’s decision, normally within 3 working days.

After having considered the evidence, the Student Disciplinary Officer may at their discretion:

a) Dismiss the allegation;

b) Defer the case pending police investigation, with or without conditions. Such conditions could include, for example, a requirement not to contact another student;

c) Refer the case to the Vice-Chancellor (or nominee) for the immediate suspension or partial suspension of the student pending further investigation or the convening of a Disciplinary Committee of Enquiry, in accordance with Section 12;

d) Find that the student has committed a disciplinary offence, but take no further action;

e) Find that the student has committed a Category 1 or 2 disciplinary offence (see indicative categories at Appendix 1) and, having regard to any aggravating and mitigating factors (see 7.3 and 7.4) apply one or more of the sanctions listed at Appendix 3; Section B where they consider the sanctions available to be sufficient;

f) Refer the case to a Disciplinary Committee of Enquiry;

g) Refer the case to another officer to be dealt with under other University procedures/regulations either instead of, or in addition to, the above outcomes;

h) Determine the case together with the Students’ Union Chief Executive, in accordance with Section 14.2, where the allegation falls within the scope of both the Disciplinary Procedures of the University and Students’ Union.

12.1

Where the outcome of any risk assessment recommends that a student be suspended or partially suspended pending the outcome of criminal investigations/proceedings or the University's disciplinary procedures the matter will be referred, as soon as possible, to the attention of the Vice-Chancellor (or nominee) to determine whether it is necessary to suspend or partially suspend the student from their studies pending the outcome of any criminal investigations, court proceedings and/or the University’s disciplinary procedures.

12.2

A student who is accused of a serious disciplinary offence; or against whom a criminal charge is pending; or who is the subject of police investigation, may be required to suspend studies or be partially suspended by the Vice-Chancellor (or nominee), pending the outcome of the University's disciplinary procedures or the criminal trial. A suspension or partial suspension may continue after the conclusion of a police investigation or court proceedings.

Likewise, a student who has been convicted of a criminal offence may be required to suspend studies or be partially suspended by the Vice-Chancellor (or nominee), pending the outcome of any criminal investigations, court proceedings and/or the University’s disciplinary procedures. Please see Section 9 for further information relating to custodial sentences.

12.3

a) Suspension involves a total restriction on attendance at or access to the University facilities, the course (to include student placements) and participation on any University activities. It may also include a requirement that the student have no contact of any kind with a named person or persons. Suspension will be used only where partial suspension from specified activities or facilities is deemed to be inadequate;

b) Partial suspension involves selective restriction on attendance at, or access to, University facilities, programmes or courses of study (including student placement) and selective prohibition on exercising the functions or duties of any office or committee membership in the University, the exact details to be specified in writing. It may also include a requirement that the student have no contact of any kind with a named person or persons.

12.4

Suspension or partial suspension pending the outcome of a criminal investigation, legal proceeding and/or the University's disciplinary procedures will not be used for the purpose of punishing a student, although it is acknowledged that this may have a punitive effect. The power to suspend or partially suspend under this provision is to protect members of the University in general, or a particular member, or other persons including patients, pupils, clients, or members of the public, and/or the reputation of the University The power shall be used only where the Vice-Chancellor (or nominee) is of the opinion that it is necessary to take such action. Written reasons for the decision shall be recorded and made available to the student.

12.5

Normally, no student shall be suspended or partially suspended unless the student has been given an opportunity to make representation in person to the Vice-Chancellor (or nominee). Where for any reason it appears to the Vice-Chancellor (or nominee) that it is not possible or suitable for the student to attend in person, the student shall be entitled to make a written representation, Where the student is not available to meet with the Vice-Chancellor (or nominee) on the opportunity provided, the student will normally be invited to make written representation instead.

12.6

In cases deemed urgent, the Vice-Chancellor (or nominee) shall be empowered to suspend or partially suspend a student with immediate effect, provided that the opportunities mentioned in 12.5 above are given thereafter, and the matter is reviewed within 7 working days.

12.7

Where there are significant developments a review of the suspension or partial suspension shall be arranged as soon as possible. Such a review will not involve a meeting or submissions made in person, but the student shall be entitled to submit written representations.

12.8

When the outcome of a police investigation and (where applicable) court proceedings is known, the nominee shall arrange for the case to be determined as soon as practically possible.

On receipt of an allegation of a disciplinary offence, which is to be referred to a Disciplinary Committee of Enquiry for consideration, the nominee shall arrange for an appropriate Committee of Enquiry to be convened as soon as practicable, normally within 6 working weeks of the Student Disciplinary Officer issuing the decision, and for a member of Education Services to act as Secretary to the Committee.

The Student Disciplinary Officer shall present the case against the student.

The Disciplinary Committee Panel shall consist of three members (selected by the Committee’s Secretary), namely:

(i) two members from the following: Pro-Vice-Chancellors, members of University level Committees/Boards with relevant experience/expertise; senior members of academic teaching staff (i.e. Senior Lecturer or above); and Emeritus Professors; and

(ii) one member from the following: a student (nominated by the Secretary or by the Students' Union); a Students’ Union Full-time Officer; or a third member from 13 (i) above.

One member of the Disciplinary Committee Panel shall be appointed by the Board’s Secretary to act as Chair. A decision of the Committee Panel will be reached by a majority vote of the Panel members. The votes of the individual Panel members will be treated as confidential.  

In addition, in cases involving complex legal issues, or in extremely serious cases, the University reserves the right to appoint an External Chair, who is not a member of Swansea University, who has a professional legal qualification, who shall be appointed by the Vice-Chancellor or nominee to act independently. The student shall be informed if such a person is appointed to the Committee. In the event of a tie decision, the External Chair shall have an additional casting vote.

The Disciplinary Committee Panel shall not contain members of staff from a School in which the student is studying nor members who have had any prior involvement in the case concerned.

As soon as reasonably practicable after the appointment of the Disciplinary Committee of Enquiry and bearing in mind the University's expectation that such cases should be heard normally within 6 working weeks of the Student Disciplinary Officer's decision, the Secretary shall:

• Send to the student copies of statements of witnesses and of documents to be placed before the Disciplinary Committee of Enquiry, and offer the student an opportunity to indicate any statement or documents which may be in dispute and provide any supporting documentation;
• Invite the student to provide, by a prescribed deadline, any evidence, written statements or other documents in support of their defence, which shall also be presented to the Disciplinary Committee. At a meeting of the Disciplinary Committee of Enquiry, the Chair has discretion to declare inadmissible any evidence received after the prescribed deadline;
• Invite the student to notify the Committee Secretary of any special requirements;
• Notify the Student Disciplinary Officer, members of the Disciplinary Committee, and where appropriate the initial complainant and the Head of Department/School, of the date, place and time of the meeting and supply them with copies of the allegation and of any agreed statements or documents as appropriate.

The Committee Secretary shall arrange the date, place and time when the Disciplinary Committee of Enquiry shall meet. The student shall be informed that they shall have the right to attend the meeting. If the student is unable to attend on that date the Committee Secretary will re-schedule the meeting on one further occasion, unless the student confirms in writing that they do not wish to attend the meeting. The student shall be required to inform the Secretary whether or not they intend to attend the meeting of the Committee of Enquiry. If the student indicates that they do not wish to attend the meeting, the Committee of Enquiry shall proceed in their absence. Normally a student may not send any other person to the meeting in their place unless this is authorised by the Chair prior to the meeting.

Committee hearings should be held at Swansea University unless alternative arrangements have been agreed upon. 

The student may be represented or accompanied by a colleague/friend (who is a member of Swansea University) or a Students' Union representative. The student shall have the right to hear all the evidence, to make representations to the Panel or have a representative speak on their behalf, to call and question witnesses, and to draw to the Panel’s attention other evidence which has been submitted by the prescribed deadline.

A student who intends to be accompanied and/or represented shall inform the Secretary of the name of the person accompanying them in writing in advance and shall state whether or not the person representing or accompanying them has legal qualifications. Such persons cannot normally attend in a legal capacity, unless this is approved by the Chair in advance of the meeting and this would be at the Chair’s discretion, based on the particular circumstances of the case.

If the Chair agrees that the student may be legally represented at the Committee meeting, the Student Disciplinary Officer will be permitted to also instruct (if they so wish) their own legal representative to represent them at the Committee meeting and the Committee meeting may be postponed to enable the Student Disciplinary Officer to arrange this.

Should a student not attend the meeting of the Disciplinary Committee of Enquiry, having previously indicated to the Secretary that they would attend, or providing that all reasonable means have been taken to contact the student, the meeting shall proceed in their absence.

Students are reminded that it is in their best interest to keep in contact with the University. If the student does not respond to their correspondence or asks for a Disciplinary Committee of Enquiry hearing to be postponed on more than one occasion, the University will proceed with the hearing in the absence of the student provided that all reasonable effort has been made to contact and/or accommodate the student.

13.1 Functions of the Committee

The functions of the Disciplinary Committee of Enquiry shall be:

• To consider the evidence submitted to it;
• To determine whether the allegation relating to the disciplinary offence has been substantiated;
• To determine, if appropriate, the outcome or sanction to be imposed. 

13.2 Procedure During the Meeting

Subject to the procedure outlined below, the process of the Committee meeting shall be at the discretion of the Committee Secretary and Chair. The Secretary/Chair may impose time limits on the oral representations of the parties/witnesses. If two or more students are involved in related misconduct, the Committee may, at the discretion of the Secretary/Chair, deal with their cases together.

The Student Disciplinary Officer shall present the case, calling such witnesses and presenting such evidence as they think fit. They may question both the student and witnesses. Following the presentation of the case, the student shall present their defence, calling such witnesses and presenting such evidence as they think fit.

The student shall have the right to be represented or accompanied, to hear all the evidence brought against them, to make representations to the Panel, to have a representative speak on their behalf, to call and question witnesses, and to draw to the Panel’s attention other evidence which has been submitted by the prescribed deadline. Where the student has elected to be accompanied rather than represented the Chair may invite contributions from the person accompanying the student.

During the Committee meeting the Panel may question any of the parties and their witnesses.

The student shall have the right to be accompanied by a language translator if their first language is not English or Welsh. It is the student’s responsibility to arrange such translator if required and to be responsible for their fees. The student shall notify the Secretary of the name of the translator in advance of the meeting.

A student may choose to have the Committee of Enquiry hearing conducted in either English or Welsh. Students wishing to have the hearing in Welsh shall notify the Secretary, upon receiving notification of the hearing date, in order for translation services to be arranged by the University’s Welsh Language Office. Such services shall be provided free of charge to the student.

Witnesses can only be concerned with evidence relating directly to the case and shall normally withdraw after questioning. They shall normally be interviewed individually. A witness cannot therefore attend both in the capacity of witness and representative. The Chair of the Panel might wish to consider allowing witnesses to remain in the hearing throughout the proceedings provided that both parties agree to this in advance or the Chair considers it pertinent to the case for a witness to remain.

The Chair has the authority to consider postponing or adjourning the meeting on the request of either party, or if the Chair considers such postponement/adjournment to be necessary.         

When the submission of evidence and the questioning of witnesses are completed, all persons, other than the Panel and Secretary, shall withdraw.

The Panel shall then consider whether the allegation of a disciplinary offence has been substantiated, the burden of proof (duty of proving the allegation) will rest on the University and the standard of proof will be on ‘the balance of probabilities’: a fact will be established if it is more likely than not to have happened.

If the Panel finds that the allegation of a disciplinary offence has been substantiated, it shall then consider the sanction or relevant outcome to be imposed. The student shall be entitled to present to the Committee either orally or in writing any mitigating circumstances, before the Panel decides upon an appropriate outcome.

13.3 Outcomes Available to the Committee of Enquiry

The Panel will not normally be informed, before reaching its decision on the allegations under consideration, of any evidence of previously substantiated allegations of disciplinary offences. The Panel will be so informed before determining the sanction.

In exceptional cases, evidence of previous disciplinary offences may be disclosed prior to the Panel determining whether the alleged disciplinary offence is substantiated, where such evidence rebuts a claim of previous good character made by the student.

In considering the outcome/sanction to be applied, the Panel may take into account any aggravating and mitigating factors – see Section 7.3 and 7.4.

At the conclusion of the Committee meeting, the Committee Panel may:

a) Dismiss the allegation;

b) Find that the student has committed a disciplinary offence, but take no further action;

c) Find that the student has committed a Category 1 or 2 disciplinary offence (see indicative categories at Appendix 1) and apply one or more of the sanctions listed at Appendix 3; Section B;

d) Find that the student has committed a Category 3 disciplinary offence (see indicative categories at Appendix 1) and apply one or more of the sanctions listed at Appendix 3; Section C.

13.4 Action to be Taken Following the Committee of Enquiry

The Committee Secretary shall confirm in writing to the student normally within 7 working days of the conclusion of the Committee meeting whether or not the allegation/s have been substantiated, any outcome or sanction applied and the student’s right to request a review of the decision in accordance with the University's Final Review Procedure. Once prepared and approved by the Committee Chair, a copy of the report of the Panel’s decisions and reasons for the decisions or minutes of the Committee meeting will subsequently also be provided to the student.

The Chair of the Committee of Enquiry may also inform the student verbally of the finding of the Committee and of the outcome/sanction imposed, but there shall be no discussion of the Panel’s decisions with the student.

With respect to disclosure of any outcome/penalty to a reporting student, the Committee may decide to release some indication of the outcome/penalty to a reporting student where the matter relates specifically to them (e.g. if they have reported that they have been subject to sexual misconduct, physical misconduct or abusive behaviour by another student and it is that report which has resulted in the disciplinary proceedings being taken against the student). Any information provided to the reporting party will be provided in confidence given the confidential nature of the disciplinary proceedings and the level of information provided will be considered by the Committee/University on a case by case basis.

Any student who, it is alleged, has committed a breach of discipline which may fall within the scope of both the Disciplinary Procedures of the University and Students’ Union may be subject to disciplinary proceedings, in accordance with the below procedures.

For illustrative purposes, examples of disciplinary offences which are likely to be deemed to fall within the scope of both the Disciplinary Procedures of the University and Students’ Union, include (but are not confined to) the following:

• Behaviour which has damaged, or could have damaged, the reputation of the University and Students’ Union, or the relationship of the University and Students’ Union with the local community or other organisations.
• Any Category 2 or 3 disciplinary offence (see Appendix 1) where the student accused was at the time of the alleged offence:
  • On Students’ Union business;
  • Involved in a Students’ Union Club or Society;
  • At an event organised by or for a recognised Students’ Union society or club;
  • Representing the Students’ Union in an official capacity;
  • On Students’ Union premises, including premises that have entered into agreements with the Students’ Union;
  • At a Students’ Union-organised event; or
  • At an event organised by a recognised Students’ Union society.

Category 1 disciplinary offences (see Appendix 1) may be dealt with under either, or both, of the Disciplinary Procedures of the University and Students’ Union, at the discretion of the University and Students’ Union.

14.1 Preliminary Assessment

Upon the University’s or Students’ Union’s receipt of an allegation which appears to fall within the scope of both the Disciplinary Procedures of the University and Students’ Union, a member of Education Services and the President of the Students’ Union (or their nominated Full Time Officer, together referred to below as ‘the nominees’) shall jointly assess whether the case falls within:

• Either, but not both of, the Disciplinary Procedures of the University or Students’ Union – in which case the case shall be dealt with in accordance with the normal Disciplinary Procedures of the University or Students’ Union (as appropriate), rather than the procedures outlined below; or
• Both the Disciplinary Procedures of the University and Students’ Union – in which case the case shall be dealt with in accordance with the below procedures.

The nominees shall make a preliminary assessment of the case and assess whether a prima facie (i.e. potential) disciplinary offence exists. The definition of a disciplinary offence for the purposes of the joint procedure is unjustifiable or unlawful actions, which offend, harm or damage, or have the potential to offend, harm or damage, members of the University and/or the Students' Union, the public, guests of the University and/or the Students' Union, or its property, activities or reputation. They include actions which interfere, or have the potential to interfere, with the proper functioning of the University and/or the Students' Union or any member of it/them pursuing their work or study.

Where the nominees consider it to be appropriate, Education Services shall advise the student of the allegation in writing, and give the student 7 working days in which to respond in writing to the allegation. If the student fails to respond to the allegation then the nominees may assess the case, based on the available evidence.

Factors which the nominees will take into consideration are: whether the case has been dealt with under any other University/Students’ Union procedure or regulations; whether the case should be dealt with under another University/Students’ Union procedure such as the Accommodation Disciplinary Regulations; whether the case is subject to criminal investigation/legal proceedings; and the gravity and complexity of the case.

Pending the completion of the preliminary assessment the nominees may carry out an interim risk assessment in accordance with the process detailed at Appendix 2.

Following completion of the assessment, the nominees may determine any or a combination of the following outcomes: 

a) Dismiss the case;

b) Carry out an interim risk assessment in accordance with the process detailed at Appendix 2;

c) Where the nominees determine there to exist a prima facie (i.e. potential) Category 1 disciplinary offence (see indicative categories at Appendix 1), the nominees may invite the student to accept one or more of the sanctions listed at Appendix 4; Section A. Where the student rejects this outcome or does not comply with the outcome within the timescale specified by the nominees, the nominees may determine a different outcome under Section 14.1 or refer the case to the Student Disciplinary Officer and Students’ Union Chief Executive Officer (see Section 14.2 below).

d) Where the nominees determine there to exist a prima facie (i.e. potential) Category 2 or 3 disciplinary offence (see indicative categories at Appendix 1), the nominees will refer the case to the Student Disciplinary Officer and Students’ Union Chief Executive Officer (see Section 14.2 below).

e) Refer the case to another officer to be dealt with under other University and/or Students’ Union procedures/Regulations;

f) Defer the case pending criminal investigation/legal proceedings (see Section 9.2);

14.2 Referral to the Student Disciplinary Officer and Students’ Union Chief Executive Officer

On receipt of the evidence the Student Disciplinary Officer and Students’ Union Chief Executive Officer (or nominee) shall both consider the allegation and shall jointly decide what action (if any) would be appropriate.

The process to be followed and the outcomes available to the Student Disciplinary Officer and Students’ Union Chief Executive Officer (or nominee) are the same as those set out at Section 11.2, save that:

(i) All references therein to ‘the Student Disciplinary Officer’ shall include both the Student Disciplinary Officer and the Students’ Union Chief Executive Officer (or nominee); and

(ii) The Student Disciplinary Officer and the Students’ Union Chief Executive Officer (or nominee) shall consider whether the student has committed a disciplinary offence contrary to the University’s and/or Student’s Union Disciplinary Procedures;

(iii) In addition to the outcomes set out at Section 11.2, the Student Disciplinary Officer and Students’ Union Chief Executive Officer (or nominee) may:

• Refer the case to a Students’ Union Disciplinary Committee in accordance with the Students’ Union Disciplinary Procedures where the outcomes available to it appear appropriate given the nature of the alleged offence;
• Refer the case to a joint University and Students’ Union Disciplinary Committee of Enquiry in accordance with Section 14.3;
• Find that the student has committed a Category 1 or 2 disciplinary offence and apply one or more of the sanctions listed at Appendix 4, Section B. 

Failure to comply with the terms of any sanction imposed by the Student Disciplinary Officer and Students’ Union Chief Executive Officer (or nominee) will normally result in further penalties being imposed and/or the referral of the case to a Disciplinary Committee.

14.3 Joint University and Students’ Union Disciplinary Committee of Enquiry

On receipt of an allegation of a disciplinary offence, which is to be referred for consideration to a joint University and Students’ Union Disciplinary Committee of Enquiry [hereinafter referred to as ‘the Joint Committee’], the nominees shall arrange for the Joint Committee to be convened as soon as practicable, normally within 6 working weeks of the decision to refer the case to the Committee, and for a member of Education Services to act as Secretary to the Joint Committee.

The Joint Committee shall be arranged and conducted in accordance with Sections 13, 13.1 and 13.2, except that:

• The Student Disciplinary Officer or the Students’ Union Chief Executive Officer (or their respective nominees) shall present the case against the student and all references to ‘Student Disciplinary Officer’ within Sections 13, 13.1 and 13.2 shall include the Students’ Union Chief Executive Officer (or nominee).
• The Joint Committee Panel shall consist of four members (selected by the Committee’s Secretary), namely:
  • Two members from the following: Pro-Vice-Chancellors, members of University level Committees/Boards with relevant experience/expertise; senior members of academic teaching staff (i.e. Senior Lecturer or above); and Emeritus Professors; and
  • Two members from the following: Full Time Officers pro term of the Students’ Union and members of the Students’ Union Executive Committee elected for that purpose at the first full Students’ Union Executive meeting of any academic session.
• One member of the Joint Committee Panel shall be appointed by the Board’s Secretary to act as Chair.
• A decision of the Joint Committee Panel will be reached by a majority vote of the Panel members. In the event of a tie decision, the Chair shall have an additional casting vote. The votes of the individual Panel members will be treated as confidential. 
• The Joint Committee Panel shall not contain members of staff from a School in which the student is studying nor members who have had any prior involvement in the case concerned.

14.4 Outcomes Available to the Joint University and Students’ Union Disciplinary Committee of Enquiry

The Panel will not normally be informed, before reaching its decision on the allegations under consideration, of any evidence of previously substantiated allegations of disciplinary offences. The Panel will be so informed before determining the sanction.

In exceptional cases, evidence of previous disciplinary offences may be disclosed prior to the Panel determining whether the alleged disciplinary offence is substantiated, where such evidence rebuts a claim of previous good character made by the student.

The Panel shall determine whether a disciplinary offence has been committed, in accordance with the University and/or the Swansea University Students’ Union Disciplinary procedures.

In considering the outcome/sanction to be applied, the Panel may take into account any aggravating and mitigating factors – see Section 7.3 and 7.4.

At the conclusion of the Committee, the Panel may:

a) Dismiss the allegation;

b) Find that the student has committed a disciplinary offence, but take no further action;

c) Find that the student has committed a Category 1 or 2 disciplinary offence (see Appendix 1) and apply one or more of the sanctions listed at Appendix 4; Section B.

d) Find that the student has committed a Category 3 disciplinary offence (see Appendix 1) and apply one or more of the sanctions listed at Appendix 4; Section C.

14.5 Action to be Taken Following the Committee of Enquiry

The Committee Secretary shall confirm in writing to the student normally within 7 working days of the conclusion of the Committee meeting whether or not the allegation/s have been substantiated, any outcome or sanction applied and the student’s right to request a review of the decision in accordance with the University's Final Review Procedure. Once prepared and approved by the Committee Chair, a copy of the report of the Panel’s decisions and reasons for the decisions or minutes of the Committee meeting will subsequently also be provided to the student.

The Chair of the Committee of Enquiry may also inform the student verbally of the finding of the Committee and of the outcome/sanction imposed, but there shall be no discussion of the Panel’s decisions with the student.

With respect to disclosure of any outcome/penalty to a reporting student, the Committee may decide to release some indication of the outcome/penalty to a reporting student where the matter relates specifically to them (e.g. if they have reported that they have been subject to sexual misconduct, physical misconduct or abusive behaviour by another student and it is that report which has resulted in the disciplinary proceedings being taken against the student).

Any information provided to the reporting party will be provided in confidence given the confidential nature of the disciplinary proceedings and the level of information provided will be considered by the Committee/University on a case by case basis.

The student who has been subject to the disciplinary procedure, if dissatisfied with the final outcome of the disciplinary case may request a final review of the decision in writing using a Final Review Application form to the Director of Education Services within 14 working days of the date of the decision.

For information on how to request a final review and the applicable grounds of review please see Swansea University’s Final Review Procedures.

Where a final review application is received which relates to the outcome of a disciplinary case determined in accordance with Sections 14.2 or 14.4 of the Disciplinary Procedures, the final review shall be referred to a Pro-Vice-Chancellor, who shall deal with the final review in accordance with the Final Review Procedures in place of the Director of Education Services.

16.1

Education Services shall report to the Regulations, Quality and Standards Board statistical information relating to disciplinary cases on an annual basis. It shall be the responsibility of the Regulations, Quality and Standards Board to monitor the data and make recommendations to as appropriate.

16.2

It shall also be the responsibility of the Regulations, Quality and Standards Board to review the regulations for disciplinary cases and their effectiveness and make recommendations for changes, where appropriate, to be considered by Senate.

This list is for illustrative purposes only and is non-exhaustive.

All cases will be dealt with on a case by case basis (i.e. taking into account the context of each allegation) at the discretion of the person/panel dealing with the case.

*The University adopts the legal definition of sexual consent: a person consents if they agree by choice, and has the freedom and capacity to make that choice.

Where the nature of the alleged offence suggests that there may be a risk of harm to the student themselves and/or to others, or may seriously impede the normal operations of the University, Education Services will arrange for an interim risk assessment to be undertaken pending the outcome of any criminal investigations, legal proceedings and/or the University’s disciplinary procedures.

The risk assessment will seek to:

• Identify and assess the risks arising from an allegation of a serious disciplinary nature;
• Consider any protective factors already in place;
• Identify any safeguarding measures which are necessary for the University to implement to protect the University community generally or any of its members specifically and/or the reputation of the University;
• Identify cases which should be referred to the Vice-Chancellor (or nominee) for an interim suspension/partial suspension of the student;
• Identify relevant support provisions to be offered to the accused student and other affected parties who are members of the University.

The details of a disciplinary allegation, including the identity of the student(s) involved will be kept confidential wherever possible. However, a small number of persons will need to be informed about the allegation(s) and identity of student(s) involved for the purpose of conducting the risk assessment.

The Education Services nominee will manage the risk assessment and may, at their discretion, seek further information from and the opinions of other members of staff as to appropriate safeguarding measures/actions to be taken (e.g. staff from: Student Services, Safeguarding, the student’s Faculty and/or Residential Services).

In conducting the risk assessment, it is not the role of staff to investigate or determine whether the alleged incident had occurred as reported. Rather the risk assessment will assess the risks arising from the alleged incident on the basis of the allegation reported to the University.

Safeguarding measures implemented pursuant to this risk assessment are entirely separate from sanctions imposed for disciplinary offences under the Disciplinary Procedures and do not indicate that the student is presumed to have committed the alleged incident(s). They are not used for the purpose of punishing a student, although it is acknowledged that they may have a punitive effect. They are interim safeguarding measures to be implemented pending the outcome of police investigations, Court proceedings and/or the University’s Disciplinary Procedures. At the discretion of the Education Services’ nominee, they may be reviewed prior to the outcome of the Disciplinary Procedures.

Safeguarding measures implemented pursuant to this risk assessment may include, but are not limited to, the following:

• Student Services’ contacting the student and/or any other affected parties who are members of the University to offer support/counselling.
• A requirement that the student complies with specific conditions, to be detailed within an Interim Behavioural Contract. Such conditions could include, for example, a requirement not to contact another student. Any breach of the conditions may result in other safeguarding measures being applied.
• A request to the Vice-Chancellor (or nominee) for the immediate suspension or partial suspension of the student pending further investigation, the outcome of a criminal investigation/court proceedings or the outcome of the disciplinary process, in accordance with Section 12.

Section A: Category 1 Offences dealt with by the Education Services nominee

Where the Education Services nominee (‘the nominee’) determines there to exist a prima facie Category 1 offence, or by way of early resolution considers a Category 1 offence sanction/s appropriate, the nominee may invite the student to accept one or more of the following sanctions:

• A formal written warning;
• A Behavioural Contract;
• To make a written apology to any party concerned;
• To remove material published in hard copy or electronically which is deemed to be inappropriate;
• To attend an alcohol/drug awareness session and/or a fire safety seminar at the student’s expense (the student will be advised of any fees that they will need to pay to attend the session/seminar which will not be in excess of £40).

Where relevant, the nominee will stipulate the timescale by which the student has to comply with the sanction applied.

In response to an invitation to accept any of the above sanctions by way of outcome to the case, the student may choose to accept or reject this outcome. Where the student rejects this outcome or does not comply with the outcome within the timescale specified by the nominee, the nominee will determine a different outcome under Section 11.1. The Student Disciplinary Officer could impose a more severe sanction if they subsequently find that the student has committed a disciplinary offence.

Where a student accepts an invitation to accept any of the above sanctions by way of outcome to the case, the nominee may provide details of the allegation and the outcome to the student’s Personal Tutor and/or Head of School (and/or their nominees) and this may be recorded/commented upon in all letters of commendation and references provided for the student.

Section B: Category 1 and 2 Offences dealt with by the Student Disciplinary Officer/Committee Panel

Where the Student Disciplinary Officer/Committee Panel determines that the student has committed a Category 1 or 2 Offence, one or more of the following sanctions may be applied:

• A formal written warning;
• A requirement to sign a Behavioural Contract;
• A requirement to make a written apology to any party concerned;
• A requirement to remove material published in hard copy or electronically which is deemed to be inappropriate;
• A requirement to attend an alcohol/drug awareness session and/or a fire safety seminar at the student’s expense (the student will be advised of any related costs that they will need to pay which will not be in excess of £40);
• A requirement to financially compensate or provide restitution for any damage to or loss of property;
• A restriction against contact with any concerned party, where the concerned party is a member of the University;
• A restriction excluding the student from representing the University in a paid or unpaid capacity for a specified period of time (this could include employment by the University on a casual basis, holding positions in University sports clubs, representing the University in events or voluntary roles such as a Faculty Student Representative);
• A requirement to undertake unpaid services for the University, Students’ Union or community to a maximum of 28 hours;
• Imposition of such other sanction as is considered appropriate to the offence, which would not involve suspension or dismissal from the programme or the University.

Where relevant, the Student Disciplinary Officer will stipulate the timescale by which the student has to comply with the sanction applied.

A record of a substantiated disciplinary offence and the sanction applied will remain on the student’s record and shall normally be referred to the student’s Personal Tutor and/or Head of School (and/or their nominees) and may be recorded/commented upon in all letters of commendation and references provided for the student.

The student’s failure to comply with the terms of the sanction will normally result in further penalties being imposed and/or the referral of the case to a Disciplinary Committee of Enquiry.

Section C: Category 3 Offences dealt with by the Committee Panel

Where the Committee Panel determines that the student has committed a Category 2 or 3 Offence, one or more of the following penalties may be applied:

• Any of the outcomes available to the Student Disciplinary Officer listed under Section 11.2 and Section B above;
• A requirement to attend a workshop or course within a specified time period at the student’s expense (the student’s progression with their programme may be conditional upon its completion and this may result in a delay to the student’s progression or graduation);
• Restorative action such as completion of a reflective statement or project (the student’s progression with their programme may be conditional upon its completion and this may result in a delay to the student’s progression or graduation);
• Imposition of a fine;
• A requirement to undertake unpaid services for the University, Students’ Union or community to a maximum of 50 hours;
• Exclusion from any part/premises of the University and/or from facilities/services provided by the University for a specified period of time;
• A requirement to partially or fully suspend studies for a specific period of time;
• A delay to graduation;
• Expulsion (i.e. withdrawal) from the University with or without the right to re-apply on to any further programme of study at Swansea University. In such circumstances the Committee Panel shall consider whether to recommend to the Examining Board that the student be awarded an exit qualification i.e. a Certificate/Diploma (conditional upon the student having passed the requisite number of credits). With respect to final year students, the Committee Panel should also consider whether it would be appropriate in the circumstances for them to cancel any confirmed or unconfirmed marks from the final year;
• Imposition of such other sanction as is considered appropriate to the offence.

Where relevant, the Committee Panel will stipulate the timescale by which the student has to comply with the sanction applied.

A record of a substantiated disciplinary offence and the sanction applied will remain on the student’s record and shall normally be referred to the student’s Personal Tutor and/or Head of School (and/or their nominees) and may be recorded/commented upon in all letters of commendation and references provided for the student. 

The student's failure to comply with the terms of the sanction will normally result in further sanctions being imposed.

Section A: Category 1 Offences dealt with jointly by Education Services and the President of the Students’ Union

Where a member of Education Services and the President of the Students’ Union (referred to below as ‘the nominees’) jointly determine there to exist a prima facie Category 1 offence the nominees may invite the student to accept one or more of the following sanctions:

• A formal written warning;
• A Behavioural Contract;
• To make a written apology to any party concerned;
• To remove material published in hard copy or electronically which is deemed to be inappropriate;
• To attend an alcohol/drug awareness session and/or a fire safety seminar at the student’s expense (the student will be advised of any fees that they will need to pay to attend the session/seminar which will not be in excess of £40).

Where relevant, the nominees will stipulate the timescale by which the student has to comply with the sanction applied.

In response to an invitation to accept any of the above sanctions by way of outcome to the case, the student may choose to accept or reject this outcome. Where the student rejects this outcome or does not comply with the outcome within the timescale specified by the nominee, the nominee will determine a different outcome under Section 14.1. The Student Disciplinary Officer and Students’ Union Chief Executive Officer could impose a more severe sanction if they subsequently find that the student has committed a disciplinary offence.

Where a student accepts an invitation to accept any of the above sanctions by way of outcome to the case, the nominee may provide details of the allegation and the outcome to the student’s Personal Tutor and/or Head of School (and/or their nominees) and this may be recorded/commented upon in all letters of commendation and references provided for the student. Such record will also be referred to the Chief Executive Officer of the Students’ Union.

Section B: Category 1 and 2 Offences dealt with by the Student Disciplinary Officer and Students’ Union Chief Executive Officer/Joint University and Students’ Union Committee Panel

Where the Student Disciplinary Officer and Students’ Union Chief Executive Officer/Joint University and Students’ Union Committee Panel (referred to below as ‘the decision makers’) determine that the student has committed a Category 1 or 2 Offence, one or more of the following sanctions may be applied:

• A formal written warning;
• A requirement to sign a Behavioural Contract;
• A requirement to make a written apology to any party concerned;
• A requirement to remove material published in hard copy or electronically which is deemed to be inappropriate;
• A requirement to attend an alcohol/drug awareness session and/or a fire safety seminar at the student’s expense (the student will be advised of any related costs that they will need to pay which will not be in excess of £40);
• A requirement to financially compensate or provide restitution for any damage to or loss of property;
• A restriction against contact with any concerned party, where the concerned party is a member of the University;
• A restriction excluding the student from representing the University in a paid or unpaid capacity for a specified period of time (this could include employment by the University on a casual basis, holding positions in University sports clubs, representing the University in events or voluntary roles such as a Faculty/School Student Representative);
• A requirement to undertake unpaid services for the University, Students’ Union or community to a maximum of 28 hours;
• Suspension from membership of the Students’ Union for up to 12 months duration;
• Ban from Students’ Union-controlled premises and/or events for up to 12 months duration;
• Restriction from participating in events or competitions as a member of any Students’ Union clubs or societies for up to 12 months duration;
• Suspension from membership and/or activities of any Students’ Union group including clubs or societies for up to 12 months duration;
• Removal of privileges of a Students’ Union group, including a club or society, such as the ability to hire out or use University or SUSU facilities, coaching, stall at Fresher’s Fair or use of hired vehicles for up to 12 months duration;
• Fine of a Students’ Union group, including a club or society;
• Down-grading of the status of a Students’ Union group, including a club or society, for example (but not limited to) removal of Focus Sport status or moving from the Silver to Bronze tier;
• Suspension of a Students’ Union group, including a club or society, from events and/or competitions for up to 12 months duration;
• Imposition of such other sanction as is considered appropriate to the offence, which would not involve suspension or dismissal from the programme or the University.

Where relevant, the decision makers will stipulate the timescale by which the student has to comply with the sanction applied.

A record of a substantiated disciplinary offence and the sanction applied will remain on the student’s record and shall normally be referred to the student’s Personal Tutor and/or Head of School (and/or their nominees) and may be recorded/commented upon in all letters of commendation and references provided for the student. Such record may also be referred to and/or maintained by the Chief Executive of the Student’s Union.

The student’s failure to comply with the terms of the sanction will normally result in further penalties being imposed and/or the referral of the case to a Joint University and Students’ Union Committee of Enquiry.

Section C: Category 3 Offences dealt with by the Joint University and Students’ Union Committee Panel

Where the Joint University and Students’ Union Committee Panel determines that the student has committed a Category 2 or 3 Offence, one or more of the following penalties may be applied:

• Any of the outcomes available to the Student Disciplinary Officer and Students’ Union Chief Executive Officer listed under Section 14.2 and Section B above;
• A requirement to attend a workshop or course within a specified time period at the student’s expense (the student’s progression with their programme may be conditional upon its completion and this may result in a delay to the student’s progression or graduation);
• Restorative action such as completion of a reflective statement or project (the student’s progression with their programme may be conditional upon its completion and this may result in a delay to the student’s progression or graduation);
• Imposition of a fine;
• A requirement to undertake unpaid services for the University, Students’ Union or community to a maximum of 50 hours;
• Exclusion from any part/premises of the University and/or from facilities/services provided by the University for a specified period of time;
• A requirement to partially or fully suspend studies for a specific period of time;
• A delay to graduation;
• Expulsion (i.e. withdrawal) from the University with or without the right to re-apply on to any further programme of study at Swansea University. In such circumstances the Committee Panel shall consider whether to recommend to the Examining Board that the student be awarded an exit qualification i.e. a Certificate/Diploma (conditional upon the student having passed the requisite number of credits). With respect to final year students, the Committee Panel should also consider whether it would be appropriate in the circumstances for them to cancel any confirmed or unconfirmed marks from the final year;
• Suspension from membership of the Students’ Union;
• Ban from Students’ Union-controlled premises and/or events;
• Restriction from participating in events or competitions as a member of any Students’ Union clubs or societies;
• Suspension, removal and/or expulsion from membership and/or activities of any Students’ Union group including clubs or societies;
• Removal of privileges of a Students’ Union group, including a club or society, such as the ability to hire out or use University or SUSU facilities, coaching, stall at Fresher’s Fair or use of hired vehicles;
• Suspension of a Students’ Union group, including a club or society, from events and/or competitions;
• Removal of a Students’ Union group, including a club or society, from events and/or competitions;
• Disbandment of a Students’ Union group, including a club or society;
• Imposition of such other sanction as is considered appropriate to the offence.

Where relevant, the Committee Panel will stipulate the timescale by which the student has to comply with the sanction applied.

A record of a substantiated disciplinary offence and the sanction applied will remain on the student’s record and shall normally be referred to the student’s Personal Tutor and/or Head of School (and/or their nominees) and may be recorded/commented upon in all letters of commendation and references provided for the student. Such record will also be referred to the Chief Executive Officer of the Students’ Union.

The student's failure to comply with the terms of the sanction will normally result in further sanctions being imposed.