Part P – Student Conduct and Disciplinary Regulations

1.1 The University of Lincoln is One Community and, as members of this community, students are expected to adhere to all University Regulations, policies, codes, and charters, to respect people and property and behave in a way that does not interfere with the normal operations of the University. Students have the right and ability to make decisions and the responsibility to accept the consequences of those decisions. The University is firmly committed to sustaining an inclusive learning, working and research environment characterised by respect and dignity, and free from bullying, harassment and discrimination. 

 

1.2 These regulations apply to behaviour both on and off campus (including online), provided the person responding is a student at the University. 

 

1.3 These regulations are intended to address misconduct by students rather than to resolve disputes between individuals. We therefore take the below into account to determine whether or not the alleged conduct falls within the University’s jurisdiction:  

1.3.i Whether it took place in a ‘University Context’ which normally concerns acts on University premises, or occurring in the course of University activity within or outside of its premises including online, whether these are academic, sporting, social, cultural or otherwise (meaning we will consider a range of relevant factors in making such a decision).

1.3.ii Whether the report concerns sexual misconduct, harassment or other serious criminal conduct.  

 

1.4 The University cannot act in ways or where it does not have authority, i.e., in the place of a private landlord or the Police. 

 

1.5 The Legal and Compliance Services team are the determining authority on whether allegations fall within scope of these regulations and under which, if any, definition of student misconduct.  

 

1.6 The Vice Chancellor is responsible to the Board of Governors for the maintenance of student discipline within the University, and delegates this responsibility as set out in these regulations. 

 

1.7 The Head of Legal and Compliance Services is the final arbiter of the application and interpretation of these Regulations. The day to day application of the misconduct process within these regulations is carried out by the Contention Team, within the Legal and Compliance Services Department.  

2.1 Students are expected to:   

2.1.i Be considerate and respectful to students, staff, and visitors to the University and to follow the University’s One Community values of Equality, Understanding, Listening, Kindness, and Acceptance. 

2.1.ii Respect the University’s property, that of others and not take property belonging to another without permission. 

2.1.iii Act as responsible members of the local community and behave as respectful and considerate neighbours, not engaging in anti-social behaviour that could cause harm or distress to others. 

2.1.iv Comply with reasonable requests or instructions from members of University staff including, complying with a penalty or outcome as part of these regulations. 

2.1.v Inform the University of any criminal proceedings, convictions or any such matter which impairs their ability to study on the basis of safeguarding the University’s Community. 

2.1.vi Conduct themselves appropriately in all forms of communication, including social media. 

2.1.vii Not engage in any conduct which constitutes sexual misconduct. 

2.1.viii Not engage in any conduct which is intended to or is likely to disrupt teaching, learning, examinations, recreational activities, or any other activities undertaken by or within the University. 

2.1.ix Not engage in any conduct which adversely affects or puts at risk the safety, welfare or wellbeing of others including livestock. 

2.1.x Not damage University property or use it for unapproved purposes. 

2.1.xi Not make clandestine recordings of any University activities (including lectures, or meetings) without the consent of all participants, unless there are other lawful or permitted reasons. This may breach the personal privacy rights of those participants. 

2.1xii Not engage in any harassing, bullying, discriminatory or intimidating behaviour. 

2.1.xiii Not engage in initiation, or similar events. 

2.1.xiv Not possess, supply, or use illegal substances or illegal weapons. 

2.1.xv Not submit false claims against other members of the University community in order to actively discredit an individual (i.e., defamation of another including online). 

2.1.xvi Not perform actions or make declarations that are dishonest or intended to deceive the University. 

3.1 For the purposes of this procedure, a student includes all currently enrolled students, those between years of study, students who have interrupted their studies, and individuals who have indicated an intention to return for postgraduate study.  

 

3.2 Reporting Party refers to a person (or persons) who has (or have) been the subject of an alleged incident of misconduct under this Procedure or another University policy.  

 

3.3 Responding Party refers to a person (or persons) whose behaviour it is alleged, amounts to an incident of misconduct under this Procedure or to a breach of another University policy. 

 

3.4 Victimisation is a term used to describe when a responding student or member of staff treats a reporting student poorly because they have made a report. Following making a report, should the reporting student experience victimisation they should notify the investigating officer as soon as possible. Where appropriate such reports may be considered under the same disciplinary process. 

 

3.5 The University’s definition of student misconduct is behaviour by a student which adversely impacts the activities, functioning, and/or wellbeing of other students, University staff, its visitors, or the University community, or otherwise damages the University or its reputation. These include but are not limited to:  

3.5.i Actions that cause actual or potential distress or harm to others regardless of intention. 

3.5.ii Actions that cause actual or potential damage to property intentionally or recklessly. 

3.5.iii Actions that disrupt the normal or safety operations of the University including bringing the University into disrepute. 

3.5.iv Actions that interfere with the work/study of others or impact on the University’s normal operations. 

3.5.v Failure to disclose to the relevant School office a relevant court or legal order, conviction of or investigation into a criminal offence sustained whilst enrolled as a student or, if prior to enrolment, such a matter which impairs a student’s ability to study on the basis of safeguarding. 

3.5.vi Actions that prevent someone from the reasonable exercise of their right to freedom of expression. 

 

3.6 Sexual misconduct means any unwanted or attempted unwanted conduct of a sexual nature and includes, but is not limited to:  

3.6.i . sexual harassment;

3.6.ii sexual assault; and

3.6.iii rape.

 

3.7 Harassment has the meaning given in section 26 of the Equality Act 2010 and section 1 of the Protection from Harassment Act 1997. A person harasses another if they: 

3.7.i . engage in unwanted conduct related to a relevant protected characteristic, and/or;

3.7.ii engage in unwanted conduct of a sexual nature, and/or;

3.7.iii engage in unwanted conduct of a sexual nature or that is related to gender reassignment or sex (and the individual engaging in such conduct treats the other less favourably because they reject or submit to the conduct);

3.7.iv and the conduct has the purpose or effect of violating the other’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment towards that person.

In the context of section 26 of the Equality Act 2010, in deciding whether conduct has the effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment towards that person, it is necessary to take into account: the perception of the person who is at the receiving end of the conduct; the other circumstances of the case; and whether it is reasonable for the conduct to have that effect. The last point is important because it introduces an element of objectivity into the test. The perception of the person who is at the receiving end of the conduct is not the only relevant consideration in determining whether the conduct amounts to unlawful harassment.  

 

In the context of section 1 of the Protection from Harassment Act 1997, an offence is committed only if the person knows the conduct amounts to harassment of the other, or a  reasonable person in possession of the same information would think the course of  conduct amounted to harassment of the other person. 

4.1 An allegation of misconduct against a student can be reported by another student, a member of University staff or a person external to the University. The University of Lincoln Students’ Union (ULSU) and University of Lincoln Accommodation have their own disciplinary procedures. 

 

4.2 Allegations of misconduct relating to behaviour by a group of students may be reported as a single allegation. The University will ensure that the situation of each student is considered, and that each student is entitled to attend individual meetings. 

 

4.3 These Regulations fundamentally focus on re-education, rehabilitation and learning lessons.  

 

4.4 These Regulations seek to operate in a fair and reasonable manner in relation to all parties who are subject to them. The Regulations adhere to the principles of natural justice, which are:  

4.4.i The right for students to know the case against them. 

4.4.ii The right for students to be given an opportunity to respond. 

4.4.iii The right for the case to be treated confidentially.  

4.4.iv The right to have their case considered by an impartial arbiter. 

 

4.5 The University owes the same duties and obligations to all parties involved and needs to balance the interests of each when considering what, if any, action to take. 

 

4.6 The Student Misconduct Regulations are not a legal process, and criminal law does not apply. The standard of proof required under these Regulations is the balance of probabilities. In order to find that an event occurred, those making such a finding must be satisfied that it is more likely than not that the event in question occurred, based on the evidence available. 

 

4.7 In circumstances where there are insufficient grounds or evidence to establish a case for a student to answer, or where a responding party fails to engage appropriately with the process, the University reserves the right to discontinue an investigation. The University will instead prioritise support for those involved and identify measures to prevent recurrence if applicable. There is no right of appeal against this action and reports will not be reopened. 

 

4.8 An individual may choose to engage legal representation and must inform the Investigating Officer, in writing, at least five working days in advance of any meeting or anticipated communication from a legal representative if they have engaged such representation.  

 

4.9 The University's student contention processes are not legal processes, and it is therefore an individual’s decision as to whether they engage legal representation. Engagement of a legal representative alone is not considered reason enough to require the University to adjust its normal timescales or its meeting dates; the University considers it has a reasonable duty to avoid undue delay.  

 

4.10 The University will not reimburse individuals who opt to engage legal representation. 

 

4.11 Individuals, when represented, are still expected to attend any meetings requested under these Regulations and to speak on their own behalf, unless, owing to necessary reasonable adjustment for reasons such as disability, this is agreed by the University in advance, in writing. The individual is responsible for ensuring their representative is appropriately briefed on the matter at hand and these Regulations. Any representation made by a legal representative under these Regulations shall be taken to be the individual’s response or contribution to the process.  

 

4.12 Should an individual opt for legal representation, they also retain the right to be supported at any meetings held under these Regulations, by a supporter who fulfils the criteria of a supporter as outlined in these Regulations. 

 

4.13 The University reserves the right to engage its own representation in such matters. 

 

4.14 Any student may be accompanied to a meeting under these Regulations by a companion who must either be a fellow student, a member of staff (such as from Student Support, Student Wellbeing, or Personal Academic Tutor) or a staff member from the Students’ Union Advice Centre. The decision on whether they can attend to support the student is at the discretion of the individual or service. A companion must not be related to the matter in anyway. A companion will not be allowed to contribute materially to the investigative procedure. If the companion acts outside of these parameters the meeting will be suspended, and the companion will be asked to leave. If the student is unable to continue the meeting without the companion, it will be at the Investigating officer’s discretion (based on the context of what has occurred and based on what evidence has been obtained at that point) as to whether one further attempt to hold the meeting shall be made. Please refer here for further guidance on supporters.  

4.15 Where a student is under the age of 18, they are entitled to invite a parent or guardian as a companion.   

 

4.16 During the application of these Regulations, the University may adjourn any meeting and reconvene at a later date (e.g., if evidence comes to light during a meeting which has not previously been considered). 

 

4.17 Cases, from formal launch of investigation, will normally be concluded within a maximum of 3 months, with most investigations expected to be concluded within 20 working days. The University will always seek to adhere to the time limits set out in these Regulations; in cases where this is not possible (for example, where investigations must be suspended given Police involvement), students will be advised by the Investigating officer of the reasons why the case will take longer than normally prescribed. 

 

4.18 Resolution through any mechanism, such as mediation, may be attempted at any point during any stage of application of these regulations. Successful mediation, which effectively disposes of the allegation(s) may result in the cessation of action. 

 

4.19 Each student engaged with under these Regulations will be advised of the availability of advice and support provided by Student Wellbeing, the Student Support Centre, and the Students’ Union Advice Centre. Members of staff will be directed to the support available via the Department of People, Performance and Culture. 

 

4.20 Students will not automatically be moved from their accommodation due to submitting or receiving reports of alleged misconduct. Where a reporting student is within University managed accommodation and wishes to move rooms, they should contact the accommodation team. The University is not liable for costs associated with moving rooms. 

The Student Conduct and Disciplinary Regulations is part of a suite of documents supporting work in this area, details can be found in the table below. Where appropriate the contention team may refer a report of student misconduct to an alternative process. The student will be notified under which procedure their report will be handled.  

 

Academic Offence Regulations	https://lncn.ac/partl
Code of Practice on Academic Freedom and Freedom of Speech	https://lncn.ac/acfreesppol
Creation and Use of Audio-Visual Recordings Regulations	https://lncn.ac/partt
Data Protection Policy	https://lncn.ac/DataP-policy
Domestic Abuse Policy	https://lncn.ac/domabusepol
Fitness to Practise Regulations	https://lncn.ac/partr
Fitness to Study Regulations	https://lncn.ac/parts
Noise Complaints and Anti-Social Behaviour in the Community Regulations	https://lncn.ac/partq
Record management Policy	https://lncn.ac/recmngpol
Safeguarding Policy (including compliance with the ‘Prevent’ duty)	https://lncn.ac/safepol
Social Media Policy for students	https://lncn.ac/stuusesmpol
Students Union Disciplinary procedure	Policies | University of Lincoln Students Union
Supporter Guidance – Key Expectations	https://lncn.ac/supporter

 

 

5.1 Allegations of misconduct brought against a student household in relation to noise complaints and anti-social behaviour will be managed via Part Q of these Regulations: Noise Complaints and Anti- Social Behaviour in the Community. 

 

5.2 Where allegations of misconduct are brought against students enrolled on a programme with Fitness to Practise requirements, the Legal and Compliance Services team and the relevant Head of School shall agree as to whether the matter will be considered under either these Regulations or the relevant Fitness to Practise Regulations in the first instance. 

 

5.2.i If the matter is initially considered under the Student Conduct and Disciplinary Regulations, the case file, finding and outcome will be shared with the School which will decide whether additional consideration under the Fitness to Practise Regulations is required; 

5.2.ii If the matter is initially considered under the Fitness to Practise Regulations, the case file, finding and outcome will be shared with the Legal and Compliance Services team who will consider convening a Student Misconduct Panel. 

 

5.3 The University commits to securing academic freedom and free speech as per its Code of Practice on Academic Freedom and Freedom of Speech. Lawful speech will not be punished because of a viewpoint that it expresses and such reports promptly rejected. Nothing within this regulation should be taken as meaning to restrict academic freedom and freedom of speech within law. In cases of uncertainty, the definitive and up-to-date statement of the institution’s approach to freedom of speech is set out in the aforementioned code. 

6.1 All members of University staff, and others authorised for the purpose, may issue reasonable instructions to students in the interests of good order, health and safety and the prevention of misconduct.  

 

6.2 Reasonable Instructions may include requiring any student to withdraw from any room or area, or to cease taking part in any activity. They can be issued verbally or in writing. 

 

6.3 A student who refuses to comply with Reasonable Instructions will be liable to disciplinary action in accordance with these Regulations. It is open to a student who believes that such instructions have been issued unfairly to initiate action under the Student Complaints Procedure.  

 

6.4 Reasonable Instructions cannot be used to exclude a student from a campus, building or to require a student has no contact with another named individual. Should staff feel that this is necessary this request should be issued as a No Contact/Protection Order by authorised staff. 

7.1 The Legal and Compliance Services Team, Student Wellbeing and Academic Registrar (or nominee) are authorised to issue No Contact and Protection Orders at any time when deemed necessary.  

 

7.2 No Contact and Protection Orders are used to support all parties and assist in prevention of further misconduct. The orders can be used as part of informal resolution or part of the formal misconduct process. 

 

7.3 A No Contact Order is a two-way measure between students and staff at the University.  

 

7.4 No contact orders are issued to prevent unnecessary contact between named individuals. They outline that students must not make any unnecessary attempts to contact or engage with the named individual either personally or via the use of other individuals (such as friends, or mutual friends), either in-person, online (including all social media), spoken, written or other communicative medium, which includes via the use of any aliases or intentionally/knowingly placing themselves in the vicinity of the named individual in order to initiate contact. A No Contact Order is a reasonable mechanism which the University can put in place to protect all parties where a report has been raised and/to reduce risk of any alleged further incidents which could be found to constitute student misconduct. 

 

7.5 A Protection Order will limit access to facilities or venues as detailed in the order. If violated, this could lead to further actions under the Student Conduct and Disciplinary Regulations. 

 

7.6 The No Contact and Protection Order should specify how long the order is in place for.  

8.1 As part of the Misconduct Process, one or more of the following outcomes may be applied by the Legal and Compliance Services Team or the Student Misconduct Panel to the responding person. In some circumstances it may be appropriate to apply a similar requirement to a reporting party or offer advice to a similar effect.  

8.1.i No further action will be taken. 

8.1.ii Advice will be given in regard to future conduct. 

8.1.iii A No Contact Order, which requires ceasing all contact (physical, online etc.) with specific individuals for a defined period (including until the student leaves the University).  

8.1.iv A Protection Order will be issued, which may include exclusion of the student from specified areas of the University (including digital platforms) or from specified University activities, services, or facilities for a defined period. Where this includes SU venues, the SU will be contacted and requested to ratify any proposed exclusion. 

8.1v. A written caution will be issued. The caution is a formal signal that the reported behaviour is unacceptable and requires improvement. It provides an opportunity to learn from the incident to minimise the likelihood of such behaviour reoccurring in future. If further allegations of misconduct are reported within the next 12 months, then additional action under these Regulations may be taken.   

8.1.vi A requirement to submit an apology in writing to the other person(s) must be submitted to the Investigating Officer. 

8.1.vii A requirement to enter into an acceptable behaviour contract with the University which may require the student to ensure they behave in a respectful and inclusive manner in accordance with the University’s One Community values.  

8.1.viii A requirement to complete a remedial undertaking as may be determined is reasonable, i.e., removal of harmful social media posts. 

8.1.ix A requirement to meet in full or part the cost of making good any damage caused or loss suffered as a result of the misconduct up to the amount of £250. 

8.1.x A requirement to attend or complete relevant training or community-based activities, within a specified timeframe (e.g., anti-bullying and harassment training). Where there is a cost associated with the penalty, the Chair of the Panel will decide how it will be paid. 

 

8.2 For cases that progress to a Misconduct Panel, one or more of the following outcomes may be applied to the responding person. In some circumstances it may be appropriate to apply a similar requirement to a reporting party or offer advice to a similar effect.  

 

8.2.i A requirement to meet in full or part the cost of making good any damage caused or loss suffered as a result of the misconduct up to the amount of £500. 

8.2.ii Where the misconduct has taken place as part of an assessed element of academic work, there is the option to decide that the mark for that element should be reduced to zero and the student to either have no opportunity to resit, to resit that element (capped), or retake that element (in accordance with the applicable programme Regulations). 

8.2.iii A written final warning, meaning that where any further allegations of student misconduct are found proven, only the penalty of permanent expulsion will be applied (with or without credit already achieved). 

8.2.iv Exclusion of the student from the whole University (including digital platforms) for a defined period. 

8.2.v Suspension of the student’s programme, in whole or in part, for a defined period. 

8.2.vi Not permitting the student to re-enrol in a subsequent academic year. The student may undertake any resit assessments to which they are entitled within the current academic year and shall remain eligible for any credit or exit award achieved during that academic year. Where a resit opportunity falls outside the current academic year, the student shall not be permitted to undertake that resit assessment. 

8.2.vii Not permitting the student to re-enrol at a subsequent level of study. The student may undertake any resit assessments to which they are entitled and shall remain eligible for any credit or exit award achieved within that level of study. Where a resit opportunity falls outside the current academic year, the student shall remain entitled to undertake that resit assessment, but shall not be permitted to enrol at a subsequent level of study. 

8.2.viii Permanent expulsion from the University (with or without credit already achieved, and with or without the right to reapply at a later date). 

 

8.3 Should these instructions not be complied with, then this may constitute student misconduct.  

9.1 Allegations of misconduct relating to behaviour by a group of students may be reported as a single allegation. The University will ensure that the situation of each student is considered, and that each student is entitled to attend individual meetings.   The University’s powers under these Disciplinary Procedures apply only to individual students. The University has no power to impose any sanction on a club, society or other student group as a whole. 

 

9.2 In some cases, an allegation of potential misconduct may involve a group of students this could be an informal group, class group or society. In such circumstances, the Contention Team will advise the Head of Legal and Compliance Services, who will decide on any adjustments to the process set out in these Disciplinary Procedures to reflect the group nature of the alleged misconduct.  Such adjustments may include, but are not limited to:   

 

9.2.i A lead investigating officer being appointed to investigate the matter, who will be supported, as required, by co-investigators.   

9.2.ii A report being produced by the lead investigating officer, with support from co- investigators.   

9.2.iii Where allegations are anticipated from multiple parties, the University may set reasonable deadlines for the submission of evidence and define appropriate investigative parameters to ensure that the conduct of the investigation does not result in a disproportionate impact on the responding student(s).   

9.2.iv Any other adjustments to the process that are required to ensure these Disciplinary Procedures can be appropriately, proportionately and effectively applied in the context of a group matter, and that the application of such adjustments are fair and transparent.  

 

9.3 The responding student (and reporting party where relevant) will be informed of how the process will be managed and under which procedure.   

 

9.4 Where allegations relate to a club or society, took place in a Students’ Union venue, or otherwise relate to Students’ Union membership, the Students’ Union Chief Executive (or nominee) will be consulted. The University and Students’ Union will independently determine whether the matter falls within the scope of their respective procedures and whether an investigation should be undertaken. 

 

9.5 Where both organisations decide to consider the matter under their respective procedures, the Head of Legal and Compliance Services (or nominee) and the Students’ Union Chief Executive (or nominee) will agree the management and sequencing of the processes. Each organisation will retain responsibility for its own investigation, decision-making and outcomes. 

 

9.6 In exceptional cases, the University and Students’ Union may agree to conduct a joint investigation. Where this occurs, the arrangement will be communicated to the student in writing. Any joint investigation will inform, but not replace, the separate decision-making processes of each organisation, and each organisation will convene its own panel (or equivalent body) under its respective procedures to determine findings and outcomes. 

 

9.7 To support the effective management of related cases, the investigative officers may share relevant information, including final investigation reports and outcomes where lawful and appropriate to do so. Neither organisation is bound by the findings, recommendations or outcomes of the other, and each will reach its own decisions in accordance with its own procedures and governance arrangements. 

10.1 Before making a formal report of alleged student misconduct, students are encouraged to contact Student Services for advice. Advisors can provide guidance on the support and reporting options available, and direct to those which might best apply in the circumstances. Students do not need to make a formal report to the Police or the University in order to receive support. 

 

10.2 Owing to seriousness and possible criminal sanctions, alleged serious criminal conduct should be reported to the Police first and foremost. The University has an Information Sharing Agreement in place with Lincolnshire Police and can place reliance on such formal findings. Furthermore, a University investigation is not an alternative to police investigation, not least because it could prejudice a police investigation, and because the University simply does not have the same investigative powers. The University cannot decide whether a criminal offence has occurred or not; it can only determine whether it is more likely than not that its Student Conduct and Disciplinary Regulations have been breached. 

 

10.3 For an allegation of student misconduct to be formally considered by the University, a report must be made using the student misconduct proforma together with all evidence the reporting person wishes to rely on in support of the allegation. It is the reporting person’s responsibility to ensure that they provide a detailed and chronological statement of events, and the evidence, at the point of submitting the report form.   

 

10.4 Reports shall be taken forward as originally set out and any information which a reporting person could reasonably have been expected to disclose at the outset may not be added at a later date, unless this information is requested by the University.   

 

10.5 Individuals with a University login may access the reporting form by contacting contention@linoln.ac.uk  Those who do not have a University login should contact contention@lincoln.ac.uk to request a reporting form. 

 

10.6 The University will not accept or admit as evidence in any proceedings any recording made without the informed explicit consent of all participants, and any recordings made in contravention of this policy will be without prejudice. Submission of a clandestine recording which is alleged to have breached the personal privacy rights of participants may lead to disciplinary action being initiated against the person who made the recording.    

 

10.7 The University reserves the right to seek advice and act accordingly where any such or related materials are shared with it, particularly which might give rise to concerns about safeguarding or criminal acts.  

 

10.8 Whilst it is asked on the proforma what is a reporting students desired outcome, it will be the University who will make the decisions about the appropriateness of outcomes/penalties that may be applied against a student under these Regulations. 

 

10.9 Where any evidence is not in English, a translation must be provided by the individual. The University may independently verify this translation, or ask the individual to provide independently verified evidence of the translation. 

 

10.10 The University will not formally investigate anonymous allegations under these Regulations. Anonymous reports (in a range of forms) may be used to identify trends and shape our prevention and support provision. 

 

10.11 Students can use the online tools available via the Student Services webpages to find out more information and seek guidance about accessing specialist support and options for reporting incidents of alleged sexual misconduct, harassment and other forms of misconduct, both to the University and/or externally.  

11.1 The University may make enquiries to the reporting or responding students prior to a full triage of the case, these could be in the form of a written statement or a meeting. Meetings are typically delivered online via Teams. 

 

11.2 The Legal and Compliance Services team will triage the case when a report of alleged student misconduct is received,  throughout the process where there is a significant change in risk, where there is the introduction of significant new information and at the point of issuing an outcome. Triage may also include seeking advice from other colleagues including those with responsibility for safeguarding  

 

11.3 Triage will normally include:  

11.3.i Whether the matter(s) fall within scope of the regulations out of scope allegations shall be discounted, reporting students will be informed of this; 

11.3.ii Whether all of the evidence provided are within scope of the investigation and are relevant to the allegations. 

11.3.iii Completing a risk assessment and confirming whether any matters are a safeguarding or safety concern;   

11.3.iv Whether/what further information or evidence might reasonably be expected to be provided if the reporting party’s claim(s) are credible but need to be validated; 

11.3.v Whether the responding party is also a member of staff; 

11.3.vi Whether another policy or procedure of the University applies/takes precedent; 

11.3.vii Whether the case should be resolved informally 

11.3.viii Whether a referral for voluntary mediation should be made as a reasonable alternative to the disciplinary procedure. All parties must be in agreement to proceed with mediation, and this is a voluntary process. Individuals who decline mediation will not be penalised.  

11.3.ix Whether precautionary measures might be appropriate. 

11.3.x Consideration of the disclosed impact on the involved parties 

11.3.xi Whether it took place in a ‘University Context’ which normally concerns acts on University premises, or occurring in the course of University activity within or outside of its premises including online, whether these are academic, sporting, social, cultural or otherwise (meaning we will consider a range of relevant factors in making such a decision); Whether the report concerns sexual misconduct, harassment or other serious criminal conduct.   

11.3.xii Whether the alleged responding party was exercising any of their convention rights (e.g. freedom of expression or freedom of thought, conscience and religion). When the alleged misconduct took place.  

11.3.xiii The University acknowledges that it is not always possible for matters to be reported quickly by students. The passage of time reduces the reliability of recollections and potential access to evidence, therefore where a report is made the passage of time will be considered when identifying next steps. 

11.3.xiv Whether there are any previous allegations of misconduct  

11.3.iv Whether the report is obviously vexatious, frivolous or unmeritorious. These complaints will be rejected promptly. 

11.A.1 The University reserves the right to reject an allegation as frivolous or vexatious for reasons including (this list is not exhaustive):  

11.A.1.i Allegations that are unnecessarily obsessive, persistent, harassing, prolific, and/or repetitious.  

11.A.1.ii Insistence upon pursuing unmeritorious allegations and/or unrealistic outcomes.  

11.A.1.iii Allegations or correspondence regarding allegations that are designed to cause disruption.  

 

11.A.2 The Legal and Compliance Services Team will write to the student with an explanation as to why their case has been rejected. 

 

11.A.3 If a student wishes to challenge the Legal and Compliance Services Team’s decision, they must submit this in writing to the Head of Legal and Compliance Services who will review the evidence and will decide whether the challenge is upheld. 

 

11.A.4 The decision of the Head of Legal and Compliance Services is final and, if the challenge is not upheld, a Completion of Procedures letter will be issued to the student, who may submit a complaint to the Office of the Independent Adjudicator for Higher Education. 

 

11.A.5 A frivolous or vexatious complaint may be dealt with via a new allegation under these Regulations. 

 

11.A.6 Where we decide the matter does not fall within scope of the regulations, the reporting individual (where they are a student or member of staff) will be informed in writing and provided reasons why the matter will not be dealt with. This decision is final. The reporting person will be referred to Student Wellbeing, the Student Support Centre or the Department of People, Performance and Culture for guidance and support. The University will prioritise support and may consider non- judgmental measures intended to prevent recurrence in the interests of all parties. 

 

11.A.7 Where a report is received from an individual who is not a student or member of staff, they will be informed that their report may be considered internally but they should expect no further correspondence from the University, owing to the need to safeguard the personal data of parties for whom the University has such a legal obligation. Where appropriate, these individuals may be referred to make reports externally (i.e., to the Police or other local government services). 

 

11.A.8 Where a formal investigation occurs which progresses to a panel under the misconduct process against a student in accordance with these Regulations, and that student is also a member of University Staff, the Legal and Compliance Services Team will confidentially notify the Department of People, Performance and Culture Business Partner of the allegation to obtain advice on sharing information with the individual’s line manager. An individual’s line manager is responsible for considering whether any further action is required under the student’s contract of employment; this being a separate process to this Regulation. Any such action taken by the line manager will not affect an investigation under these Regulations. However, a Student Misconduct Panel may take the outcome of any additional action taken by the University in relation to the same offence into account during consideration of an appropriate penalty. 

11.B.1 Notes are typically taken using an AI transcription feature and reviewed by the investigating officer prior to a copy being sent to the student. Once the student has provided clarifications, or if they have not responded in the given deadline, the copy of notes will act as the sole record of meeting minutes moving forward and the transcript will typically be deleted, unless in exceptional circumstances.  

 

11.B.2 Where parties do not wish for the AI transcription feature to be used, they should declare this no later than 2 workings days before the meeting so that a notetaker can be arranged. A new meeting slot may be necessary where notetakers are unavailable for the original slot. 

 

11.B.3 In some cases, a notetaker may be invited as well as using the AI transcription feature. Students will be informed of this in writing in advance of the meeting. 

11.C.1 Information regarding key expectations of supporters can be found here, and detailed further below 

 

11.C.2 A student can be accompanied through the process by a ‘supporter’. A supporter must be a member of staff or student of the University, or a staff member from the Students’ Union Advice Centre. Students are responsible for arranging their own supporter. The decision on whether an individual can support a student is at the discretion of the potential supporter and their line management. The student must inform Legal and Compliance Services if they have arranged a supporter prior to any meetings taking place. Where a student is under the age of 18 they are entitled to invite a parent or guardian as a supporter. Where required as a reasonable adjustment       for disability the University will look to accommodate requests for a student to be supported by an     external party, subject to reasonable conditions, to ensure the fair and effective conduct of the process.   

 

11.C.3 A supporter will not be allowed to contribute materially to the investigative procedure. If the supporter acts outside of these parameters the meeting will be suspended, and they will be asked to leave. If the student is unable to continue the meeting without a supporter, it will be at the Investigating officer’s discretion (based on the context of what has occurred and based on what evidence has been obtained at that point) as to whether one further attempt to hold the meeting shall be made.   

 

11.C.4 The University reserves the right to ask a student to nominate a new supporter if they are seen to obstruct the procedure, or if they do not treat others or the process with respect.    

 

11.C.5 Each student engaged with under these Regulations will be advised of the availability of advice and support provided by Student Wellbeing, the Student Support Centre, and the Students’ Union Advice Centre. Members of staff will be directed to the support available via the Department of People, Performance and Culture. 

  

11.C.6 The University's student contention processes are not of the same formality as courts of law. It is therefore a student’s decision if engaging legal advice. Engaging legal advice is not reason enough to require the University to adjust timescales or meeting dates and the University will not reimburse students who engage legal advice. The University reserves the right to obtain its own legal advice. 

12.1 The responding student will be asked to provide a response to the allegations, either by a written statement or in a meeting with a member of the Legal and Compliance Services Team. The response should seek further context and discuss any evidence which has been previously sent to them.  

 

12.2 The responding student will be informed that if they fail to engage with the process, including attending any meetings when requested, the process will continue in their absence.  

 

12.3 Responding student are entitled to provide evidence to support their explanation of events. Such evidence should be provided at the same time of providing a statement, or prior to a meeting with the investigating officer. 

 

12.4 Where responding students provide a significant amount of evidence prior to their meeting with the investigating officer, the investigating officer reserves the right to reschedule the meeting so that all of the evidence can be reviewed in advance. Notes will be taken during the meeting, a copy of the notes will be sent to the student within 5 working days of the meeting. The student will have an opportunity to add any points of clarification to the meeting notes.  

 

12.5 Where an investigation proceeds into the formal misconduct process, the Investigating Officer will write to the responding student(s) involved to notify them of the investigation and will: 

 

12.6 Inform the student of the specific nature of the allegation(s), the purpose of the investigation and provide them with a copy of these Regulations. 

 

12.7 The Investigating Officer may request to meet with the responding student(s) on more than one occasion during the investigation and will:  

12.7.i Inform the student of the purpose of the meeting in advance and advise that the meeting is the student’s opportunity to be heard. 

12.7.ii Where possible, give the student at least 5 working days’ notice of any such meetings. If the matter is urgent and must be expedited, the University reserves the right to schedule a meeting in less than 5 working days, and will notify a student in writing when this is the case. 

12.7.iii Inform the student of their right to be accompanied by a supporter, see further details in the Supporter section of these Regulations. 

12.7.v Inform the student that they may seek advice and support from the Student Support Centre, Student Wellbeing, or the Students’ Union Advice Centre. 

12.7.vi Provide details of the allegation and relevant evidence received to the extent that this allows the student to be able to respond to the specifics of the allegation in full. Evidence will be redacted where it contains the personal data that cannot be shared in line with GDPR. 

 

12.8 The responding student may be asked to submit a written statement with evidence as an alternative to interview, if deemed proportionate by the investigating officer. In such a case, a student retains the right to request an interview. 

 

12.9 Submissions of evidence outside of the scope of the investigation or submission of evidence perceived to be confusing the issue, unduly delayed or needlessly cumulative will be rejected. 

 

12.10 If there is a further allegation of misconduct which breaches the University’s Regulations that occurs whilst an investigation is being conducted under the formal misconduct process, this may be considered as an aggravating factor and taken into account during decision-making at any subsequent Student Misconduct Panel. 

 

 

 

 

12.A.1 The Investigating Officer may invite witnesses, as identified through the investigation, to attend meetings or to submit written statements. The purpose of requesting witness statements is to show whether there is (or is not) an evidential basis for the allegations that have been made. Proportionality with the nature of the alleged misconduct should be exercised.  

 

12.A.2 Neither the University nor any student can compel any other person acting as a witness to participate in the Student Misconduct process. If there are genuine concerns about the identity of a witness being revealed through the process, the University will carefully consider the credibility of the evidence and whether there are sufficient safeguards in place to make the process fair to all parties before deciding whether to allow anonymous witness evidence to be used. Witness statements may be shared with the reporting and/or responding party. 

12.B.1 Following conclusion of the information gathering a decision will be made by the investigating officer to:  

12.B.1.i Dismiss the case  

12.B.1.ii Issue 1 or more of the available outcomes listed in the outcomes section of these Regulations to the responding and/or the reporting party 

12.B.1.iii Refer the case to a Student Misconduct Panel

 

12.B.2 Students will be informed of next steps and will be signposted to support.  

 

12.B.3 Cases that do not proceed to a student misconduct panel will not differentiate between whether each allegation has on the balance of probabilities breached the University’s Regulations.  

13.1 At the conclusion of an investigation, the Investigating Officer will write a report and submit it, together with copies of all relevant information collated as part of the process (e.g., meeting notes), to the Student Misconduct Panel Officer in order that this can be shared with the responding student for final representation, as additional evidence including witness statements may have been collated as part of the investigation since the initial information was provided to the student. This is a final opportunity to respond only to the allegations put against the responding student and any representation (including mitigation) should be concise and must not contain any further evidence. A copy of the report and accompanying information will be provided to the student subject to the law around data protection (e.g., parts of the report and/or information may be redacted). 

 

13.2 The Investigating Officer report will not include any opinion around guilt or otherwise nor recommendations around penalties.  

 

13.3 On receipt of the Investigating Officer’s report, Legal and Compliance Services will assign the case to the next available Student Misconduct Panel. The responding and reporting parties will be informed of the date of the Panel. 

 

13.4 The Student Misconduct Panel will comprise:  

13.4.i The Academic Registrar, or nominee (Chair). 

13.4.ii A Quality in Education Director from each College, or nominee(s). 

13.4.iii A Student Leader nominated by the Students’ Union, or nominee. 

 

13.5 Quoracy for the Student Misconduct Panel will be 4 including the Chair. 

 

13.6 None of the reporting person, the responding student or the Investigating Officer attend the panel. 

 

13.7 An Officer shall take minutes of the Panel meeting including the recording of the decision and rationale for any penalty applied.  

 

13.8 The Panel will consider the report submitted by the Investigating Officer and any final representations from the reported student. The Panel may determine:  

13.8.i Dismissal of one or more of the allegations, either because the student has no case to answer or the allegation has not been proven, and no further action will be taken. 

13.8.ii One or more of the allegations have been proven on the balance of probabilities. 

 

13.9 The Panel may apply one or more of the penalties outlined in these Regulations.  In doing so, the Panel will take into consideration precedent, intention (or lack of), any mitigating circumstances submitted by the student and any previous action taken or penalties applied against the student under these Regulations. 

 

13.10 The decision of the Panel will be communicated to the student in writing within 5 working days by the Officer to the Panel. The student will also be informed of their right to appeal. 

14.A Submission of an Appeal 

 

14.A.1 A responding student may appeal against both a finding of a proven allegation and/or the penalty imposed by either the Investigating Officer or the Student Misconduct Panel.  

 

14.A.2 Appeals must be submitted on the proforma requested from contention@lincoln.ac.uk and must be submitted within 10 working days of written confirmation of the outcome of the process or of the Student Misconduct Panel. 

 

14.A.3 An appeal may be lodged on the following grounds only:   

14.A.3.i There is significant new evidence relevant to the allegation(s) which could not reasonably have been brought to the attention during the process or to the Student Misconduct Panel, and which could have materially affected the outcome. The student must clearly explain why they were incapable of submitting the evidence during the process.  

14.A.3.ii There was an irregularity in application of the relevant sections of the Student Conduct and Disciplinary Regulations.  

14.A.3.iii There is evidence of prejudice or bias by the Investigating Officer or the Student Misconduct Panel; the evidence must be submitted with the appeal. 

 

14.A.4 The appeal must include:   

14.A.4.i Identification of the penalty on which the appeal is made against.  

14.A.4.ii Identification of the formal ground(s) of appeal. 

14.A.4.iii A statement detailing why the appeal is being lodged.  

14.A.4.iv Evidence to support the appeal. 

 

14.A.5 The penalty applied may be paused pending the outcome of the appeal, except in cases where there may be a risk to staff, students, or members of the public. Where outcomes are paused, the student will be informed of this.  

 

14.A.6 If a reporting person is a student and is dissatisfied with the way this procedure has been followed they can use the Student Complaints Regulations to raise concerns about how the alleged misconduct was managed under these regulations, but are not able to challenge the outcome of the disciplinary process. A complaint will not consider or result in a change to the outcome or any action taken/penalty. 

 

14.A.7 Where the appeal is deficient in terms of the grounds cited or the evidence submitted, the Investigating Officer will write to the student advising that the appeal may not proceed until such deficiencies have been remedied. The student will have 5 working days to send a response.  

 

14.A.8 For cases that do not proceed to a panel, the Appeal proforma and accompanying evidence will be submitted to the Chair of the Student Misconduct Panel, who will make a determination on the appeal within 10 working days. 

 

14.A.9 If the Chair of the Student Misconduct Panel upholds the appeal, they will make any recommendations as they consider appropriate, which may include providing an alternative outcome to the misconduct process. 

 

14.A.10 If the Chair of the Student Misconduct Panel does not uphold the appeal, the outcome of the process will stand, and any penalties paused will be recommenced.  

 

14.A.11 The decision of the Chair of the Student Misconduct Panel will be communicated to the student in writing within 5 working days and students will be issued a Completion of Procedures email.  

 

14.B Student Misconduct Panel Appeals  

 

14.B.1 The appeal proforma, accompanying evidence and all of the documentation submitted to the Student Misconduct Panel will be submitted to a Deputy or Pro Vice Chancellor.  

 

14.B.2 The Deputy or Pro Vice Chancellor will determine whether or not the appeal has validity within 10 working days.  

 

14.B.3 If the Deputy or Pro Vice Chancellor does not determine that the appeal has validity, the outcome of the Student Misconduct Panel will stand, and any penalties paused will be recommenced. A Completion of Procedures email will be issued. 

 

14.B.4 If the Deputy or Pro Vice Chancellor determines that the appeal has validity, it will be referred back to the Student Misconduct Panel with recommendations on areas for further consideration.  

 

14.B.5 The decision of the Deputy or Pro Vice Chancellor will be communicated to the student in writing within 5 working days. 

 

14.B.6 A meeting of the Student Misconduct Panel will be convened within 10 working days of receipt of the Deputy or Pro Vice Chancellor’s decision.  

 

14.B.7 If the appeal’s grounds relate to evidence of prejudice or bias by the Student Misconduct Panel and have been determined to have validity by the Deputy or Pro Vice Chancellor, a new Panel will be convened to consider the evidence and make a final decision.  

 

14.B.8 The Student Misconduct Panel will uphold the appeal in whole, in part, or not uphold the appeal. The Student Misconduct Panel will also determine whether to: 

 

14.B.8.i Overturn, amend or maintain the original decision regarding if allegations were found proven or not.  

14.B.8.ii Overturn, amend or maintain the original decision regarding penalties that the student had appealed against.  

 

14.B.9 If the Student Misconduct Panel does not uphold the appeal, the outcome of the original Student Misconduct Panel will stand, and any penalties paused will be recommenced.  

 

14.B.10 The decision of the Student Misconduct Panel will be communicated in writing within 5 working days.  

15.1 Where necessary, a student who is the subject of an allegation of misconduct, or against whom a criminal charge or court order is pending, or is the subject of police investigation, or where the University receives sufficient information to suggest that behaviour of a student constitutes misconduct and/or may place the University community at risk may be excluded by the Academic Registrar or nominee on the advice of colleagues with responsibility for safeguarding, pending the outcome of the disciplinary process or the trial.  

 

15.2 Exclusion imposes temporary restrictions on attendance at, or access to, the University and its facilities and/or participation in University activities. The extent of the exclusion will be specified in writing to the student. In exceptional cases, exclusion may be comprehensive. An order of exclusion may include a requirement that the student should have no contact of any kind with a named individual(s). 

 

15.3 Where an allegation of misconduct is made against a student which involves conduct or behaviour in University-managed accommodation, the student may be relocated where deemed proportionate between residences or excluded completely from the residences, as per the University’s Accommodation Services’ Standard Terms and Conditions of Residence. 

 

15.4 The power to exclude is used to:  

15.4.i Protect a member or members of the University community or the public.  

15.4.ii Protect the property of the University.  

15.4.iii Ensure that the process of the investigation is not adversely affected by the presence of the student. 

 

15.5 A student who has been excluded shall have the right to make written representations to the Academic Registrar or nominee within 2 working days. The Academic Registrar or nominee will review the exclusion within 5 working days and every 10 working days thereafter and may confirm, revoke, or vary the exclusion in the light of any developments and of any representations made by the student. 

 

15.6 A student who has been comprehensively excluded for more than 3 weeks has the right to ask for a review of the decision to exclude to be undertaken by a Deputy or Pro Vice Chancellor. The student may submit written representations to the Deputy or Pro Vice Chancellor in support of the review. 

16.1 The following procedures apply where the alleged misconduct is likely to attract an immediate custodial sentence under criminal law if proven.  

16.1.i Where a concern is raised formally about the actions of a student and where those actions could also constitute a criminal offence, the reporting person should be asked, in the first instance, if they have considered and/or would wish to make an initial referral to the Police. This will not preclude immediate action under these Regulations if those with responsibility for safeguarding consider that temporary partial or complete exclusion is also necessary. 

16.1.ii The Academic Registrar (or nominee) will assess the circumstances and decide whether a report should be made to the Police by the University where the alleged misconduct relates to a criminal offence, Hate Crime or Hate Incident, where the reporting party does not wish to make a report to the Police. Whilst the reporting party’s circumstances will be taken into account, these will be considered alongside the nature of the alleged conduct, the University’s duty of care and interests of the University community. 

16.1.iii In the case of alleged criminal offences which have been reported to the Police and this made known to the University, no investigatory action other than temporary or complete exclusion may normally be taken until the matter is prosecuted or a decision not to prosecute been taken. The Investigatory Officer will decide (seeking advice from the Police via Student Services, or other relevant authority with the support of the Head of Legal and Compliance Services), on a case-by-case basis, whether disciplinary action under these procedures should continue or be taken.  

16.1.iv Where resulting in conviction or acceptance of a Police caution for a criminal offence, the conviction will be taken as conclusive evidence that the behaviour has occurred and will be open to challenge only to the extent that the student disputes that they were the person convicted. Any imposed penalty shall be taken into consideration in determining the penalty under these procedures. 

16.1.v Where such a criminal investigation results in a finding of no further action, the University will consider this decision and any related reasoning when determining what, if any, action it can take under its regulations. 

 

16.2 A student who is convicted of a serious criminal offence must immediately notify their Head of School who will liaise with the Legal and Compliance Services Team. Disciplinary action may be taken as a result of the aforementioned conviction. Failure to disclose such a conviction will be treated as misconduct under these Regulations. 

17.1 The University limits disclosure of information to those who need to know in order to protect the integrity of its investigatory and decision making processes. Whilst it encourages all parties involved to have due regard to the confidentiality of its proceedings, the University does not seek to inhibit discussion of issues that might support those who have experienced harassment or sexual misconduct, nor does it wish to restrict issues from being aired and properly addressed. 

 

17.2 Records of Student Misconduct cases will be kept by the Legal and Compliance Services Team in alignment with the University’s records management policies.  

 

17.3 Case information and outcomes will be retained by the Legal and Compliance Services Team for six years after the academic year within which a case concludes, unless there are exceptions. Exceptions may include any information that may be relevant for statutory, legal or government purposes, including inquires.  

 

17.4 The University may decide to refer to a student’s disciplinary record in response to a request for a reference but will take into consideration the seriousness of the disciplinary record, the nature of the position which is the subject of the reference request and the passage of time. 

 

17.5 The University may share information about a student disciplinary matter with relevant third parties (e.g., the Student Loans Company, the Students’ Union, or the Police) where they have a legitimate or legal interest. However, the University will not engage with a third party, such as a parent/guardian or other relatives, and consent cannot be given to act on behalf of the student under these Regulations owing to the need to safeguard the personal data and confidentially of parties for whom the University has such a legal obligation. 

 

17.6 The reporting person is not entitled to know the outcome or penalties against the responding student, or vice versa. The University will determine the extent of the information that can be shared with the reporting person (if any) in accordance with the General Data Protection Regulation. 

18.1 A student dissatisfied with the outcome has the right to submit an application to the Office of the Independent Adjudicator (OIA), an independent review body, for the outcome to be reviewed independently of the University. 

 

18.2 This right may only be exercised when the University’s internal processes have been exhausted. 

 

18.3 The student must first obtain a Completion of Procedures letter (typically provided in an email format) from the Legal and Compliance Services Team. An OIA Scheme Application Form must be completed to make a submission to the OIA, and this must be made within 12 months of the date of the Completion of Procedures letter. 

 

18.4 Guidance on making an application to the OIA can be found on its website. 

 

18.5 Students may obtain assistance with OIA claims from the Student Support Centre and the Students’ Union Advice Centre.