Discipline Procedure

St Mary’s Students’ Union

Disciplinary Procedure

Author: DS SMSU CEO - October 2015

INTRODUCTION

1.1 St Mary’s Students’ Union is a body legally constituted under the auspices of St Mary’s

University.

1.2 The Students’ Union occupies property (J Block) under the auspices of an agreement

with the University Governing Body.

1.3 In pursuance of the above 1.2, the Students’ Union has a policy and procedure on

student behaviour and discipline.

1.4 This policy and procedure operates separately from, but in conjunction with, St Mary’s

University.

1.5 The scope of the procedure relates to:

Behaviour within the Students’ Union Building.

Students’ Union sponsored or organised activity, individual or group.

Any matter referred to the Students’ Union by the University.

Any matter considered appropriate by the Students’ Union.

1.6 If a student group breaches the Constitution, Union Policy, their own constitution, or

reasonable requirements set down by the Students’ Union, this will be dealt with under this

procedure.

1.7 The Students’ Union will publish a set of ‘House Rules’; a general statement of

expectation on customer behaviour and discipline. This will be updated annually, available

on our website and will be posted in a prominent place in J Block including the Bar.

1.8 In pursuance of this procedure, the Students’ Union will maintain a database of students

who offend. Students’ details will normally be kept on this database until one year after the

students’ graduation. In cases of life-time bans, students’ details will remain on the database

indefinitely.

1.9 Offences can be aggregated; failure to pay fines and/or failure to comply with the

procedure will be seen as offences in themselves and referred accordingly.

1.10 The lead officer administering the policy and procedure on behalf of the Students’

Union will be the Students’ Union CEO.

1.11 In order to maintain the good order and running of the Students’ Union, the Trustees

and nominated staff will have the right to execute temporary powers. These powers will

include but are not limited to exclusion and suspension of membership. Any temporary

disciplinary measures executed by nominated staff remain in place until the CEO has

contacted those involved in the incident.




2. INCIDENT REPORTING PROCESS

2.1 When an incident has occurred, an incident report or statement will be completed and

forwarded to the CEO.

2.2 Once an incident report has been received, the CEO will make an assessment based on

the evidence in the report how to proceed – with regard as to whether it shall be dealt by the

Students’ Union, whether it should be referred to the University, or whether the Police should

be engaged.

2.2.1 If the CEO feels there is a conflict of interest in handling the disciplinary case, or where

s/he feels it necessary, the case can be referred to the Discipline Committee.

2.2 Once an incident report or statement has been filed the CEO will, within five working

days, contact the student or group involved to inform them that they are under investigation.

In certain circumstances this may be accompanied by a temporary suspension of

membership privileges - this may include, but not be limited to, access to J Block.

2.3 Once an initial investigation has been completed the CEO will then invite those involved

in the incident to an investigatory hearing, either individually or collectively. On the balance

of the collected evidence, the VP Community will then make a decision regarding the

outcome of the investigatory hearing. The VP Community may:

Dismiss the allegation

Issue a penalty appropriate to the case

Refer the case to the Discipline Committee or University for further investigation

The student or group will also be presented with written notice of the outcome of the

hearing.

2.4 A confidential record shall be kept of all such hearings.

2.5 If the student or group is found to be guilty then the student’s details will be entered into

the discipline database.

2.6 If the student or group is found to be guilty, the student or group may appeal to the

Discipline Committee. This appeal must be submitted in writing to the SU President within

five working days of receipt of notification of punishment. However, appeals can only be

lodged if:

the student can show that either the process of investigation and/or the disciplinary

hearing did not follow this procedure or natural justice

new and significant information has come to light that could not reasonably have

been provided previously

the decision that has been made is perverse or unfair




3. DISCIPLINE COMMITTEE

3.1 Membership:

SU President (Chair)

2 Executive Committee Members (nominated by the SU President)

1 SU member of staff

VP Community (to present the case)

CEO or delegated member of staff (advisory only).

3.2 The Discipline Committee will meet in accordance with the following:

3.2.1 The member being disciplined feels that they have the right to appeal the

decision of the VP Community/CEO.

3.2.2 There is a declaration of interest for the VP Community or CEO and therefore

the case should be heard by an uninvolved party.

3.2.3 The case is deemed as far too complex or severe for the VP Community or

CEO to act upon appropriately.

3.3 All meetings of the Discipline Committee shall be chaired by the SU President. The SU

President shall have a casting vote only and shall ensure the fair and proper conduct of the

meeting.

3.4 A member of the committee who is able to give evidence or personally interested in a

case shall declare an interest and may not sit on a panel.

3.5 If the Chair has, or is deemed to have, an interest then the VP Sports and Societies will

be nominated as Acting Chair. In the event that no person can take up the Chair, then the

committee will be postponed until such a time that a Chair can be found.

3.6 The Discipline Committee shall meet no sooner than five days and no later than twelve

days from the date it was called, except in circumstances set out in 3.4. The Discipline

Committee should also contact the student against whom the complaint is being made to

ensure that they can make the date and time that is set.

3.7 The Chair shall, within five days of the referral, inform the defendant in writing of:

(a) the date, time and venue of the meeting of the Discipline Committee;

(b) the details of the complaint as specified;

(c) availability of the Chair, if required, to advise the student on procedure;

(d) the membership of the Discipline Committee.




3.8 All written matters relevant to the case including witness statements and incident reports

shall be circulated as soon as practically possible to the members of the Discipline

Committee.

3.9 The CEO (or delegated member of staff) shall act as secretary to the Committee. They

shall be present at all meetings of the Committee and shall record its proceedings.

3.10 The record of proceedings shall be kept strictly confidential to the Committee and

remain within the possession of the CEO.

3.11 The member may be accompanied by a supporter who shall be a full member of the

Students’ Union (current student) or a close friend or family member. Legal representation is

not permitted.

3.12 The case against the student shall be presented by the VP Community or appropriate

deputy. Any witnesses present shall be subject to examination, cross-examination and re-

examination and the VP Community shall then complete the presentation of the case.

3.13 The student or group shall then present their case in the same fashion. Alternatively,

the supporter attending with the student may present the students case on their behalf. The

student or supporter shall have the right to address the Committee last.

3.14 If, for any reason, it is necessary to adjourn the proceedings of a panel, the Chair shall

at the adjourned meeting, set and immediately notify the student, against whom the

complaint is made, of a time and date for continuing proceedings as soon as conveniently

may be, having regard for adjournment.

3.15 When all the evidence has been heard the Discipline Committee shall consider in

Closed Session. With the exception of the CEO, every member of the Discipline Committee

present shall vote and there shall be no abstentions. If the Discipline Committee finds the

complaint substantiated, it shall decide what action is to be taken, if any, by a simple

majority. No member of the Discipline Committee shall be considered present and eligible to

vote unless they have been present throughout the hearing.

3.16 Written notice shall be sent by the Chair to the student or group against whom the

complaint is made, within two days of the decision of the Discipline Committee. The notice

shall state the decision of the Discipline Committee and if relevant draw attention to the

student’s right of appeal.

3.17 In the case of a fine or suspension from any or all of the privileges of membership or

restitution of damages, the notice shall contain a warning that failure to comply with any of

these provisions constitutes a further breach of discipline and, in the case of suspension, of

all the privileges of membership.

3.18 The decision of the Discipline Committee will be final.




4. REFERRAL TO THE UNIVERSITY

4.1 When an incident potentially constitutes a criminal offence (e.g. including but not limited

to physical violence, discrimination, substance abuse, possession of weapons) but is not

under investigation by the Police, this will be immediately referred to the University for

investigation.

4.2 All other cases will usually progress through the Students’ Union procedure first, unless

regarded by the CEO in the first instance, as exceptionally serious with wider repercussions

for the University community.

SUGGESTED GUIDELINES ON DISCIPLINARY PENALTIES

(Note: The below guidelines are presented for advisory purposes to show what actions can

be taken by the VP Community and/or the Discipline Committee. The actual punishments

delivered are at the discretion of the VP Community and/or the Discipline Committee. Sports

Club and Society disciplinary procedures may be evoked in conjunction with the Sports and

Societies Code of Conduct and/or University Initiations Policy.)

1. Acts of physical violence to either customers or staff

Ban – Minimum 1 month up to maximum life ban

Letter of Apology

Referral to the University or Police (if deemed appropriate)

2. Acts of verbal or nonverbal harassment against either customers or staff

Ban – Minimum 1 week up to maximum life ban

Letter of Apology

3. Act of verbal or nonverbal harassment against either customers or staff on the basis of

race, gender, sexual orientation or ability


Letter of Apology


4. Physical removal from building “failing to cooperate”

Ban – Minimum 1 week up to maximum life ban

Community Service

Letter of Apology




5. Acts of vandalism

Community Service

Fine – Minimum costs of repair/replacement


6. Possession of illegal or misuse of substances and/or weapons


Community Service

Letter of Apology

Referral to the University or Police

7. Urinating or vomiting in public (though access alcohol consumption)

Community Service

Letter of Apology

8. Theft of property from the Students’ Union building

Fine – Minimum the cost of replacement

Letter of Apology

Community Service


In all other offences, it is at the discretion of the VP Community and/or Discipline Committee

as to what penalties are handed down. Bans can apply to the Students’ Union Building,

activities or both. The Students’ Union retains the right to strip members of their membership

privileges. Should any student be subject to any other disciplinary action within a year of a

previous disciplinary incident, unlimited bans or fines can be levied, as appropriate.

Community service may also be used as a disciplinary penalty. If a student should fail to

comply with discipline procedures and penalties, it is at the discretion of the SU President as

to what further punishments are delivered. It would be envisaged that in most cases, the

matter would be immediately referred to the University for further action.

This policy may be used in conjunction and/or informed by the SMSU Sports, Societies and

Activities Code of Conduct (Appendix i), Refusal of Service Policy – House Rules (Appendix

ii) and the St Mary’s Initiations Policy.

Donna Smith

SMSU Chief Executive Officer

October 2015




Document title: SMSU Disciplinary Policy

Version 1

Department responsible Students’ Union

Authors SU CEO

Document date October 2015

Date last amended October 2015

Effective from 1 November 2015

Review date 01 August 2018

Impact Assessment Date

History (where discussed / who

circulated to / committees

considered

Draft circulated to Officer Trustee Team and University Student Complaints

and Conduct Manager for comment 2/10/2015.

SMSU Trustee Board:

SU Council: 23/10/2015




APPENDIX i

SMSU Sports, Societies and Activities Code of Conduct

The primary concern of SMSU will always be the welfare of students and protecting those that take part in and leading activities. SMSU recognises that all students may encounter a range of new experiences throughout each academic year and the following guidelines have been put in place to ensure that the safety and wellbeing of anyone attending any activity. SMSU and the University regard any breach of this Code as a serious matter and may take relevant disciplinary action against an individual or group if necessary.

To whom does this code apply?

- All members of a sports club society or social activity

- Organised activities and informal activities

What is an organised activity?

- Activity publicised at a meeting

- Activity in any way publicised by a group

- Activity funded in part or in whole by SMSU or through a sports club or society account

- Activity requiring the use of equipment owned by the University or SMSU

- Activity where group transport is booked through the University or SMSU

- The wearing of clothing that identifies a person as part of a sports club, society, SMSU or the University

- Activity or publicity on the web and/or social media pages (i.e. Facebook groups and Twitter)

Expectations of clubs, societies and student groups

- Not to bring the reputation of the University or SMSU into disrepute

- To act as an appropriate ambassador for the University and SMSU

- To act within the law

- To be aware of and not to offend other students and/or members of the public through inappropriate activities or behaviours

- To abide by University and SMSU policies

- Respect the right of others to express, within the law, their beliefs and opinions

- To be respectful of all other members of the University community and not to

discriminate against anyone in line with the Equality Act (2010)

- Individuals should not be pressured into divulging personal information, be subject to

comments, photos or images that demean or compromise the dignity of individuals or

groups




- The practice of club/society initiations is forbidden in line with both St Mary’s

University and BUCS policies.

- Be honest about activities, beliefs and allegiances

- Not to use violent words or actions and/or threats, manipulation, the misuse of power

or authority




APPENDIX i

Refusal of Entry and/or Service Policy and ‘House Rules’

The prime objective of the SMSU Bar and SU Lounge is to create a positive atmosphere

allowing students to socialise, interact with other students and have an enjoyable time.

However, there are occasions where it is the duty of staff to refuse service and/or entry to

the venue.

The SMSU Bar and SU Lounge has a strict capacity limit therefore when this has

been reached, no further admittance will be permitted. SMSU and the Bar do not

operate a one-in-one-out policy.

On event nights, all students will be required to produce a St Mary’s University

student ID card in order to gain entry. If you are bringing a guest, they will be asked

to produce photo ID as proof of age and a current student will have to sign them in

prior to the event (in the Bar from 12pm).

SMSU and the Bar reserve the right to conduct random searches of persons as a

condition of entry.

SMSU and the Bar operate a challenge 21 policy, therefore if a student happens to

look under 21 an appropriate form of identification will be required. Accepted

documentation includes passports, driving licenses and any cards baring the ‘pass’

hologram. A St Mary’s University ID card will not be treated as proof of age.

If it is believed by staff that a student is intoxicated, entry and service will be refused

for the customers own safety and the safety of others. If the customer is already

inside the premises, they will be asked to leave*.

SMSU and Bar staff are subject to Health and Safety law and at times may require

individuals or groups to stop their actions, which are breaking health and safety law.

The use and/or possession of illegal substances and items deemed to be used

as weapons are strictly prohibited. Engaging in this will lead to removal from the

venue, St Mary’s student ID card being confiscated and suspension from all SMSU

and St Mary’s University events until investigations have been completed*.

SMSU will not tolerate any physical violence and verbal or non-verbal acts of

harassment to its staff and individuals conducting such behaviour will be dealt with as

set out in the SMSU and/or University Disciplinary Policies. This type of behaviour

will lead to immediate removal from the venue, St Mary’s student ID card being

confiscated and suspension from all SMSU and St Mary’s University events until

investigations have been completed*.

Smoking is only permitted in designated smoking areas.

Only drinks in plastic bottles/glasses are allowed outside the Bar/building.

Damage and theft to the Students’ Union premises or goods will be looked upon as a

serious disciplinary matter, and may event result in criminal proceedings.

Please contain noise and actions upon leaving the Students’ Union building in order

to respect the local residents, students on campus and the licensing objectives.




Respect what you are asked to do by SMSU and Bar staff.

These rules are not exhaustive and may be added to at any time by the Senior Management

Team of the Students’ Union without prior notification or advertisement.

*When entry/service are refused this will be recorded in a refusal or entry/service book and

communicated to the Students’ Union, Security and the University Student Conduct and

Complaints Manager.

Discipline Procedure

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