Reviewed by: / Theresa Hallett
Student Welfare Officer
April 2016
Approved by: / SLG
September 2014
Date of next review: / August 2019
Associated documents/policies: / Bullying and Harassment Policy
Control, Restraint and Search Policy
Contents
1.Introduction and Scope
2.Policy
STUDENT CONDUCT AND DISCIPLINARY PROCEDURE
3.The Student conduct and disciplinary stages
3.1REPORT CARD – Discretionary
3.2 INFORMAL STAGE ONE – discussion
3.3INFORMAL STAGE TWO – discussion
3.4FORMAL STAGE ONE – formal meeting
3.5FORMAL STAGE TWO – formal meeting
4.Principles to guide student conduct discussions and meetings
5.Temporary exclusions
5.1Suspension
5.2‘Cooling off’
6.Permanent exclusion
7.Appeals
8.Tutorial support
9.Recording the outcomes of a Student conduct discussion or meeting
9.1Informal Stage 1 and 2 and Formal stage 1
9.2Formal Stage 2
9.3Length of retention of Student conduct record
10.Monitoring disciplinary action
Appendix 1 - Students under 16 years of age
Appendix 2 - Code of Conduct for Students
Appendix 3 - Suspending a student: notifying relevant parties
Appendix 4 - Student Conduct and Disciplinary Process
1.Introduction and Scope
The Student Conduct and Disciplinary Policy is the medium through which the College addresses non-compliance with the College’s Code of Conduct, student policies and poor academic progress. It should be used alongside the ‘Early Warning’ procedures if the student is within the six-week probationary period.
The intended outcome is that a student will improve her/his conduct so that s/he will remain on the course and complete it successfully.
Fair and consistent treatment of all students is the basic principle of student conduct processes.
This procedure applies to all students of the College. Further information on its application to students under 16 years of age is given in appendix 1.
2.Policy
The College will support students’ development whilst at College and will take action to ensure students comply with the College Code of Conduct and policies to make academic progress.
The College will set targets at each stage of the Student Conduct and Disciplinary Procedure. These will be targets for improvement and will be SMART, (Specific, measurable, achievable, realistic and time-constrained).
Staff will encourage students to take part in setting targets and monitoring their own progress against these targets. In keeping with all the College’s tutorial and student support work, the Student Conduct and Disciplinary Process will be used, as far as possible, to develop a student’s self-esteem.
College staff will support students at each stage of the Student Conduct and Disciplinary Procedure.
Where a formal stage is about to be started near the end of a term or half term, the resulting meeting may have to take place at the beginning of the next term or half term.
If an incident is sufficiently serious to warrant missing one or more stages of the Student Conduct and Disciplinary Procedure, a Head of Department or Deputy Head will determine the appropriate level at which a student conduct meeting will take place. If this is to be at the formal stage 1or above, this decision should be made in consultation with the Deputy Principal or the Student Welfare Manager. In their absence a member of the Senior Leadership Group can advise.
In the event of a student not meeting the targets set during a student conduct meeting, the procedure should progress to the next stage.
Where a student’s records are held on ProMonitor, any warning should be recorded in the cause for concern section of ProMonitor.
Formal warnings can be recorded on ProMonitorusing the “formal stage 1” and “formal stage 2” records as appropriate.
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STUDENT CONDUCT AND DISCIPLINARY PROCEDURE
STAGE / HIGHEST LIMIT OF OUTCOME / ISSUED BY / MEETING ARRANGEMENTS / RECORD / REPORTED TO / APPEALSDiscretionary / Report Card
Initial intervention for up to 4 weeks maximum / Progression to Informal 1 / It is the expectation that the teacher issues the warning within a classroom environment. However, any member of all College staff outside of the classroom can issue a sanction for inappropriate conduct/behaviour (i.e. LSS, peripatetic) / Discussion between student and member of staff / Recorded on report card.
‘Report Card’ comment on ProMonitor / Student’s tutor (via comment on ProMonitor) / N/A
Informal 1
Discussion with student / Verbal Warning / It is the expectation that the teacher issues the warning within a classroom environment. However, any member of all College staff outside of the classroom can issue a sanction for inappropriate conduct/behaviour (i.e. LSS, peripatetic) / Discussion between student and member of staff / An ‘Informal Stage 1’ comment on ProMonitor & a hardcopy of the Learner Comment Agreement Form on student file signed by both parties. / Student’s tutor (via comment on ProMonitor) / In writing to Head of Department or Deputy with the reasons for the appeal within 7 days of the warning
Informal 2
Discussion with student / Verbal Warning / Tutor, Head of Department or Deputy Head of Department / Discussion between student, tutor and Head of Department or Deputy Head of Department / An ‘Informal Stage 2’ comment on ProMonitor & a hardcopy of the Learner Comment Agreement Form on student file signed by both parties.
Letter to employer, parent or carer signed by Head of Department or Deputy Head of Department / Copy of Learner Comment Agreement Form to the Student Welfare Administrator.
Employers of work-based student and parent/carer of students aged under 18 to be informed in writing with request to acknowledge receipt of communication / In writing to the Deputy Principal with the reasons for the appeal within 7 days of receipt of the warning.
Formal 1
Meeting with student / Written Warning / Head of Department or Deputy - Issued to student within 3 working days of warning being given. / 3 working days’ notice in writing
Meeting to be attended by student, Head of Department or Deputy Head and no more than 1 other member of staff.
At FS1 under 18s must bring a responsible adult to the meeting / A ‘Formal Stage 1’ comment on ProMonitor & a hardcopy of the Learner Comment Agreement Form on student file signed by both parties.
Letter to employer, parent or carer signed by Head of Department or Deputy Head of Department / Copy of Learner Comment Agreement Form to the Student Welfare Administrator.
Employers of work-based students and parents/carers of students aged under 18 to be informed in writing / In writing to the Deputy Principal with the reasons for the appeal within 7 days of receipt of the warning.
Formal 2
Meeting with student / Final Written Warning or recommendation to Deputy Principal for permanent exclusion or suspension for a fixed period of time. / Nominated member of the Senior Leadership Group / At least 3 working days’ notice in writing except for in the case of gross misconduct when a meeting can be held as soon as possible.
Meeting to be attended by student, Head of Department or Deputy Head, a nominated member of SLGand other staff as appropriate
At FS2 under 18s must bring a responsible adult to the meeting / A ’Formal Stage 2’ comment on ProMonitor & a hardcopy of the Learner Comment Agreement Form on student file signed by the chair and student.
Outcome letter to employer, parent or carer signed by chair. / Copy of outcome letter & Learner Comment Agreement Form to be held by the Chair of the meeting & a copy to the Student Welfare Administrator
Employers of work-based students and parents/carers of students aged under 18 to be informed in writing / In writing to the Principal with the reasons for the appeal within 7 days of receipt of the warning.
Permanent Exclusion / Deputy Principal / Within 12 working days of the formal 2 meeting.
Panel consisting of the Deputy Principal and one other member of SLG plus the Chair of the formal 2 meeting. Case presented by Chair of formal 2 meeting / Letter on file. / Employers of work-based students and parents/carers of students aged under 18 to be informed in writing / In writing to the Principal with the basis of the appeal within 7 days of receipt of the warning
At formal stages 1 and 2 the student under 18 will be entitled to be accompanied by a responsible adult to the meeting but not by a legal or other professional adviser.
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3.The Student conduct and disciplinary stages
When deciding at which stage to deal with the matter, the member of staff should consider the possible outcomes of the meeting. He or she should convene a meeting at a stage which allows for the highest level of warning that may result from the meeting. The stage at which the meeting is held does not pre-judge the outcomes of the meeting.
3.1REPORT CARD – Discretionary
Any member of all College staff outside of the classroom (including agency, volunteers, peripatetic, LSS) may place a student on report (issue them with a report card). However, teachers are responsible for managing behaviour and conduct in the classroom, therefore only a teacher may place a student on report within the classroom environment.Report cards may be issued where firstly; there have been minor lapses in behaviour or the standards expected, for example, attendance, punctuality or minor infringement of the code of conduct and secondly; the member of staff feels that a report card might assist the student to curb their behaviour AND the student also believes it might help them back on track. This is a discretionary tool that can be used to aid both staff and students when minor infringements have been made. However, it will only be effective if both the member of staff and the student see the benefit of the process. This level of initial intervention sits below the Informal Stage One of the Disciplinary process and should be used for a maximum of 4 weeks, after which time (if the behaviour continues) the student should be placed on an Informal Stage One.
3.2 INFORMAL STAGE ONE – discussion
Any member of all College staff outside of the classroom (including agency, volunteers, peripatetic, LSS) may issue a verbal warning to a student whose behaviour is a cause for concern over, for example, attendance, punctuality or minor infringement of the code of conduct. However, teachers are responsible for managing behaviour and conduct in the classroom, therefore only a teacher may issue a verbal warning to a student within the classroom environment. The warning should be issued following discussions with the student concerned.
The member of staff must discuss the specific issue(s) that are the causes for concern.It is a discussion in which the student must be made aware of the reasons for the member of staff’s concern. If a warning is issued it is important that the student recognises that concerns have been raised with her/him as part of the Student Conduct and Disciplinary Procedure and therefore s/he must sign to indicate her/his acknowledgement of the discussion and the outcome. The outcome will normally include an agreement by the student for specific improvements in her/his behaviour – e.g. attendance percentages or an improvement in a specific aspect of their conduct.
During the probation six weeks an ‘Early Warning’ letter should be sent home.
3.3INFORMAL STAGE TWO – discussion
An Informal Stage 2 discussion will take place as a consequence of a student failing to improve in line with expectations and agreement in informal stage 1 or where the behaviour is sufficiently serious to warrant an immediate move to this stage – repeated indiscipline in a class, disruptive behaviour around the College, persistent use of foul language etc. As a result of aninformal stage 2 discussion a Head of Department or Deputy may issue a verbal warning.
Aninformal stage 2 discussion must always include the student’s Tutor and Head of Department or Deputy.
A member of staff must explain the specific issues that have led to the stage 2 Student Conduct discussion so that the student is clearly aware of the concerns. A report from a tutor or member of staff may be necessary for the student and the members of staff attending the discussion to have an informed discussion. Where a student is at this stage as a consequence of a failure to improve following aninformal stage 1 Student Conduct discussion the records of the previous stage should be available and referred to in the discussion. Tutorial records demonstrating academic progress, attendance and punctuality may be used to inform the discussion.
This is a more serious stage and the student must be made aware of the fact that letters will be sent to employers/parents/guardians where the issues of concern are shown to be accurate. The Tutor should place a formal record of the discussion, signed by the student, as well as copies of the letter(s) in the student’s file. The outcome will also include targets for improvement.
Note that a Head of Department or Deputy must sign the letter to employers and parents/carers.
3.4FORMAL STAGE ONE – formal meeting
A meeting at this stage is most likely to be the result of a student not improving upon her/his patterns of behaviour as was expected from the previous stage. A Head of Department or Deputy, in consultation with the Deputy Principal or the Student Welfare Manager may choose to invoke this stage for the first time in a situation where a student’s behaviour is regarded as sufficiently serious or disturbing but does not constitute gross misconduct – it lies somewhere between ‘unacceptable behaviour’ and gross misconduct.
A student's tutor must submit a report on performance and conduct and academic progress to the Head of Department before the meeting.
The Head of Department or Deputy must give a minimum of three College working days’ notice in writing to the student requiring her/him to attend the meeting and the student will be entitled to be accompanied by a friend, student representative or relative of their choosing, but not by a legal or other professional advisor. The Head of Department or Deputy should ensure that a member of staff attends the meeting who can comment on the circumstances that led to the meeting.
The Head of Department or Deputy may, as a result of the meeting, issue a formal written warning. Any such warning must include targets for improvement. Before issuing this, the Deputy Principal or the Student Welfare Manager may be consulted and may meet with the student to identify support that the college can provide for the student. It might be appropriate for the Deputy Principal or the Student Welfare Managerto meet informally with the student to emphasise the seriousness of this step. Note the requirement to place the record of the meeting on the student’s file.
Please note also the requirement to contact employers and parents/carers for students aged 18 or under.
3.5FORMAL STAGE TWO – formal meeting
This is the final step in the process and should be regarded as a serious event implying either that a student has failed, despite repeated efforts, to change her/his behaviour or has committed an act of gross misconduct. It is based on a formal meeting between the student, a member of the Senior Management Team (Chairand the member of staff from the student’s department who can comment authoritatively on the circumstances that led to the meeting. This is likely to be the Head of Department, Deputy, or tutor. At this stage the Chair should ensure the student is provided with the appropriate support.
For Formal stage 2, the Head of Department or Deputy Head from the student’s department will be required to collate and present to the Chair of the meeting all documentary evidence leading up to this stage, e.g. student file, witness statements of incidents, copies of relevant letters giving background information and a full report on academic progress, conduct and performance to date.
Following the meeting, the Chair of the meeting will communicate the outcomes to the student in writing and will inform the Deputy Principal of these.
4.Principles to guide student conduct discussions and meetings
Evidence should be provided to substantiate any accusations made against a student but the Student Conduct and Disciplinary Procedure does not constitute a hearing or a quasi-legal proceeding. Therefore, there is not a burden of proof-beyond-doubt on the member of staff instigating the Student Conduct meeting or discussion.
The senior member of staff in a student conduct meeting will take responsibility for chairing the discussion and will aim to include the student and members of staff in proposing and agreeing targets and outcomes of the meeting.
The senior member of staff at a student conduct meeting will chair a meeting and issue any warning. He or she will write a letter or issue a warning within the timescale identified in this policy. The Chair may postpone a meeting to allow for further investigation if required.
In the event of a student achieving the targets set in a student conduct meeting this must be recorded in their file – either as an appendix to the record of the student conduct discussion or meeting or through the tutorial process.
The Student Conduct and Disciplinary Procedure does not automatically progress from one stage to the next. The College acknowledges that a range of unrelated academic and non-academic circumstances can require student conduct action. In addition, a student’s progress through a series of courses may not be consistent.
If a student achieves the targets set in a student conduct meeting and subsequently behaves in a way that would warrant a meeting at the same stage in the student conduct process a member of staff may deal with the behaviour at the same stage in the Student Conduct Procedure. However, if a member of staff believes that the student is repeating the behaviour that led to the original warning, or the student’s behaviour is worse than that which led to the original warning, the member of staff may use subsequent stages of the student conduct process.