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Part G: Penalties
These Penalties are divided into Powers (the penalties that can be applied) and Guidelines to assist the decision-maker.
Overriding objective
All penalties must:
have an effect on the student that is proportional to the offence; and
Be consistent with penalties imposed in genuinely similar cases.
In determining an appropriate penalty or whether to refer the issue to SSDC, the decision-maker may take previous breach(es) by the student into account, provided that the student is being penalised for failure to alter their conduct and is not being penalised again for the same breach(es).
Status of the penalty guidelines
While the guidelines are intended to assist decision-makers in determining the appropriate penalty or penalties for a breach, it is not possible or desirable to capture all the circumstances that may affect the commission of an offence and the different levels of seriousness or culpability and decision-makers, therefore, have a high degree of discretion subject only to review in accordance with the Appeal procedure in Part H and any statutory or judicial body.
Definitions
Expulsion (to expel) means your expulsion from the University for a period of at least 7 years following which the University will consider any application for readmission only with the express approval of the Vice-Chancellor.
It is open to SSDC or SSDAC to recommend to the Vice Chancellor that readmission be considered earlier than 7 years and such readmission may be conditional (such as, for example, that admission be to a non-professional course only). It is therefore different to exclusion, which in these University Disciplinary and Investigative Procedures and Powers is used for a type of suspension involving removal of access to University Property and services.
1. Non-academic penalties
1. Non-academic penalties
That can be imposed by a University Disciplinary Officer
1.1. Issue a warning.
1.2. Require you to undertake formative relevant training such as the online module on sexual consent, Consent Matters, or fire safety training.
1.3. Require you to write a formal letter of apology to a specified person or persons.
1.4. Prohibit you from contacting a specified person or persons either at all or save in respect of specified matters.
1.5. Require you to attend and/or engage with specified internal or external agencies.
1.6. Exclude you from specified University Property (for example where such Property is linked to your misconduct) except in the case of property operated by the students’ union with the prior consent of the students’ union.
1.7. Require you to move to an alternative University Residence (not available where you hold an assured shorthold tenancy).
1.8. Terminate any licence to occupy University Residences.
1.9. In the event of damage to property or theft of University Property, require that such damage or theft be made good at your expense either by yourself or jointly and/or severally with other students.
1.10. Instruct the Head of Accommodation Services to seek a court order to terminate any assured shorthold tenancy in respect of University Residences.
1.11. Place a restriction on your privilege to have guests visiting in University Residences.
1.12. Exclude you from University Residences other than your own Residence.
1.13. Require you to engage in reparative or community service activities commensurate with the nature of your breach.
1.14. Require you to remove any material from a publicly available website that is a breach of the university’s intellectual property.
1.15. Require you to write an essay or reflective account on a topic determined by a Disciplinary Officer.
1.16. Impose a fine not to exceed £500.
1.17. Prohibit or limit your access to university sports facilities, temporarily or permanently, and/or from activities relating to sports (including training, matches/fixtures, varsity, sports awards shows, trips and tours) where your conduct is linked to sport or such facilities. This includes where you are the recipient of a university sports scholarship.
Guidance: note that if you have been served with notice to quit your licence, this period does not pause if you appeal. You should therefore use this time wisely to search for accommodation in case your appeal is unsuccessful
That can be imposed by the Head of Accommodation Services for breach of the terms and conditions of your licence or your assured shorthold tenancy
1.18. Issue a warning to include the likely consequences of further proven breaches.
1.19. Require you to move to an alternative University Residence (not available where you hold an assured shorthold tenancy) in accordance with 8.1 of the licence terms and conditions.
1.20. Terminate any licence to occupy University Residences in accordance with 4.1 of the licence terms and conditions.
1.21. In the event of damage to property or University Property, require that such damage be made good at your expense either by yourself or jointly and/or severally with other students.
1.22. Require you to undertake formative relevant training such as fire safety training
1.23. Seek a court order to terminate any assured shorthold tenancy in respect of University Residences.
1.24. Place a restriction on your privilege to have guests visiting in University Residences
1.25. Exclude you from University Residences other than your own Residence
1.26. Require you to write an essay or reflective account on a topic determined by the Manager.
Guidance: note that if you have been served with notice to quit your licence, this period does not pause if you appeal. You should therefore use this time wisely to search for accommodation in case your appeal is unsuccessful.
That can be imposed by the Student Sport Operations Manager
1.27. Issue a warning to include the likely consequences of further proven breaches.
1.28. Require you to write a formal letter of apology to a specified person or persons
1.29. Require you to attend and/or engage with specified internal or external agencies.
1.30. Require you to undertake formative relevant training.
1.31. Impose a fine not to exceed £150.
1.32. Require you to engage in reparative or community service activities commensurate with the nature of your breach.
1.33. Require you to write an essay or reflective account on a topic determined by the Manager
1.34. Exclude you from university sports facilities such as the Sportspark for up to 4 weeks.
1.35. Suspend you from activities relating to sports (including training, matches/fixtures, varsity, sports awards shows, access to sports facilities, trips and tours) for up to one semester.
1.36. Remove alcoholic beverages from transport to/from sporting fixtures or events
1.37. Temporarily or permanently remove of some or all of the benefits of any Sports Scholarship you have been awarded or the Scholarship itself (which may require you to refund monies paid to you)
Guidance: The Students’ Union may impose additional penalties as a result of any Code of Conduct finding against you. When determining an appropriate penalty, the second decision-maker should bear in mind the penalty imposed by the first in determining what penalty is proportionate.
A Maintaining Good Order document provides guidance on the types of penalties that may be appropriate for different breaches.
Guidance: Even if you are on a sports scholarship that otherwise gives you access to university sports facilities and sporting activities, these penalties can be imposed.
2. Penalties that can be imposed by a Panel of Senate Student Discipline Committee (or the Chair or Deputy Chair exercising their powers of summary determination) for cases involving breach of a regulation relating to academic misconduct, non-academic misconduct and professional integrity other than professional or research misconduct
A Panel may apply one or more of the following penalties where it finds a student in breach of a Regulation or Regulations:
2.1. Place a restriction on your privilege to have guests visiting in University Residences.
2.2. Require you to undertake formative relevant training such as the online module on sexual consent, Consent Matters, or fire safety training.
2.3. Require you to write a formal letter of apology to a specified person or persons.
2.4. Prohibit you from contacting a specified person or persons either at all or save in respect of specified matters.
2.5. Require you to attend and/or engage with specified internal or external agencies.
2.6. Require you to move to an alternative University Residence (not available where you hold an assured shorthold tenancy).
2.7. In the event of damage to property or University Property, require that such damage be made good at your expense either by yourself or jointly and/or severally with other students.
2.8. Require you to engage in reparative or community service activities commensurate with the nature of your breach.
2.9. Require you to write an essay or reflective account on a topic determined by the Panel; such as the need for academic integrity.
2.10. Require you to remove any material from a publicly available website that is a breach of the university’s intellectual property.
2.11. Impose a fine not to exceed £1,000.
2.12. Instruct the Head of Accommodation Services that they terminate any licence to occupy University Residences.
2.13. Instruct the Head of Accommodation Services to seek a court order to terminate any assured shorthold tenancy in respect of University Residences.
2.14. Determine that a mark of zero should be recorded for the whole or part of the work submitted by you for assessment and either refer you to reassessment or decide that you should not be permitted to reassess which may mean that you are required to withdraw from the University.
2.15. Temporarily suspend you from Study and University Property, University Property only , or less commonly from Study only.
2.16. Temporarily or permanently exclude you from specified University activities or from certain areas of campus or University Property which may include the Sportspark (but shall not include premises operated by the Students' Union except with the prior consent of the students’ union).
2.17. Expel you from the University. Expulsion has the meaning set out above in the Definitions section.
2.18. Impose an alternative or additional penalty of its choosing save that where the penalty or exemption requires or implies a concession under the Regulations governing the award of degrees, diplomas, or certificates, approval should first be sought from the Associate PVC Associate PVC Education and Curriculum or the Associate PVC UEA Doctoral College, as appropriate.
2.19. Impose a penalty to only come into effect if further breaches occur (a ‘suspended sentence’).
Guidance: In the case of a core module, a decision not to send the student to reassessment in a failed module means that the student cannot progress and will be withdrawn. Panels must ensure that such an outcome is a proportionate response.
3. Penalty guidelines: Breaches of Regulation 13 (attendance, engagement, and progress)
Guidance: Where a Panel of SSDC has determined that you have breached Regulation 13, the usual penalty is expulsion from the University.
4. Penalty guidelines: Breaches of Regulation 18 (plagiarism or collusion)
Penalties
Mitigating and aggravating factors that affect the starting point can include:
For a first offence under Regulation 18 (but not involving the purchase of assessed work)
For a first offence of sufficient severity to merit referral to SSDC, the normal starting point penalty will be temporary Suspension from Study and University Property and Services for up to one semester and a mark of zero in the relevant assessment component.
Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) and the Panel considers this excessive, the Panel may impose another Penalty or suspend the application of a suspension.
Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether a longer period of suspension is appropriate or whether expulsion from the University is appropriate.
Mitigating:
Your experience is limited (you are in your first semester of a higher education course in the UK)
There is no evidence that other Regulations have been breached by you
You accepted your guilt early and have shown remorse
You are suffering from an illness or other medical condition affecting your judgement or exacerbating the effect of any penalty imposed
At the time you were experiencing family or relationship problems affecting your judgment
You have felt under duress
Aggravating:
You intended to cheat
You are not in your first semester of a higher education course in the UK
You have not accepted guilt or shown remorse, or such acceptance/remorse came late in the process
There is evidence that you have breached other Regulations
For a second offence under Regulation 18 (but not involving the purchase of assessed work)
For a second offence of sufficient severity to merit referral to SSDC, the normal starting point penalty will be temporary Suspension from Study and University Property and Services for up to two semesters and a mark of zero in the relevant assessment component.
Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) and the Panel considers this excessive, the Panel may impose another Penalty or suspend the application of a suspension.
Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether expulsion from the University is appropriate.
Mitigating:
There is no evidence that other Regulations have been breached by you
You accepted your guilt early and have shown remorse
You are suffering from an illness or other medical condition affecting your judgment or exacerbating the effect of any penalty imposed
You were experiencing family or relationship problems affecting your judgment
You have felt under duress
Aggravating:
You intended to cheat
You are not in your first semester of a higher education course in the UK
You have not accepted guilt or shown remorse, or such acceptance/remorse came late in the process
There is evidence that you have breached other Regulations
The fact of a previous offence under Regulation 18 is not a mitigating or aggravating factor as it creates the starting point.
For a third offence under Regulation 18 or where the offence involves
the purchase or commission of assessed work
For a third offence of sufficient severity to merit referral to SSDC, or for the purchase or commission of assessed work, the normal starting point penalty will be expulsion from the University and a mark of zero in the relevant assessment component.
Where there are mitigating factors and the Panel considers that the starting point is too severe, the Panel may impose another Penalty or suspend the application of expulsion. However, where the offence involves the purchase of assessed work, mitigation would not normally reduce the penalty below the starting point of expulsion.
Mitigating:
There is no evidence that other Regulations have been breached by you
You accepted your guilt early and have shown remorse
You are suffering from an illness or other medical condition affecting your judgment or exacerbating the effect of any penalty imposed
You were experiencing family or relationship problems affecting your judgment
You have felt under duress
Experience of student is limited (purchased work only: if the student is in this category because they have committed a third offence, they are to be considered an experienced student).
Aggravating:
You intended to cheat
You are not in your first semester of a higher education course in the UK
You have not accepted guilt or shown remorse, or such acceptance/remorse came late in the process
There is evidence that you have breached other Regulations
5. Penalty guidelines: Breaches of Regulation 20 (misconduct in examinations and course tests)
Penalties to be considered once starting point determined:
Mitigating and aggravating factors that affect the starting point can include:
For a medium level offence under Regulations 20
The normal starting point penalty will be a mark of zero in the relevant assessment component.
Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) the Panel may impose another Penalty.
Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether a period of suspension is appropriate or whether expulsion from the University is appropriate.
The factors set out above in the classification table have determined that this is a medium level offence and given us the starting point, so should not be considered as relevant to mitigating or aggravating that starting point.
Consider other factors:
Mitigating:
No evidence that other Regulations have been breached
Early acceptance of guilt or remorse
Illness or other medical condition affecting the student’s judgment or exacerbating the effect of any penalty imposed
Family or relationship problems affecting the student’s judgment
You have felt under duress
Aggravating:
Failure to accept guilt in a timely manner
Evidence of a breach of other Regulations
For a high level offence under Regulations 20
The normal starting point penalty will be temporary Suspension from Study and University Property and Services for not less than one semester and a mark of zero in the relevant assessment component.
Where there are mitigating factors and the Panel considers that the starting point is too severe, or when the mark of zero would have the consequence of the student being withdrawn from the University for academic failure (e.g. on a core module) and the Panel considers this excessive, the Panel may impose another Penalty or suspend the application of a suspension.
Where there are aggravating factors and the Panel considers that the starting point is insufficiently severe, the Panel should consider whether expulsion from the University is appropriate.
Where there is a severely aggravating factor, the normal penalty is expulsion from the University.
The factors set out above in the classification table have determined that this is a high level offence and given us the starting point, so should not be considered as relevant to mitigating or aggravating that starting point.
Consider other factors:
Mitigating:
Early acceptance of guilt or remorse
Illness or other medical condition affecting the student’s judgment or exacerbating the effect of any penalty imposed
Family or relationship problems affecting the student’s judgment or exacerbating the effect of any penalty imposed
Duress or undue pressure
Aggravating:
Intentionality
Failure to accept guilt
Evidence of a breach of other Regulations
This incident was one of several breaches on the same occasion (e.g. has notes and has dictionary pen at same exam)
Severely aggravating:
A previous finding of medium or high level breach of Regulation 20
As a general rule, no distinction should be drawn between misconduct in an examination and misconduct in a course test. However, the SSDC Panel should take into account the full context and circumstances in which the course test was taken and in particular whether the full procedures governing the invigilation of examinations was followed.
6. Outcome Guidelines: Breaches of Regulation 14 (professional conduct and suitability) and
The Fitness to Practise process is not punitive in nature (although where the factual basis involves breach of another Regulation, a penalty may be imposed for that breach). Accordingly, the appropriate outcomes are focused on considering whether you are capable of becoming fit to practise, and if so, what that would look like.
Accordingly, panels may require you to take certain steps to improve your professional suitability or reflect on your behaviour (if any). While the Panel can impose any requirements it seems appropriate, any outcome should be aimed at ensuring public confidence in the profession and rather than being punitive for its own sake.
Panels might consider the following:
Remedial actions such as apologies or formative training
Attending and engaging with appropriate specified internal or external agencies or expertise
Reflection on events, such as by way of an essay or discussions with appropriate professionals
Practical steps you can take to alter your behaviour (if relevant) or the context in which your misconduct or unsuitability has arisen
Recommending that your School advise the relevant PSRB of the outcome of an SSDC case and any penalty applied, and this may mean further action is taken.
In many cases, the appropriate outcome will be for you to be suspended for a defined period. Your return would be contingent on you satisfying the University that you had become fit to practise by the end of that period and if that is not the case then you would be expelled at the end of the period.
If in the professional judgment of the Panel fitness is likely to be unattainable within a reasonable timescale, or perhaps not ever, then you will normally be expelled from the University (although in some cases we may allow you to move to a non-professional course or a course where the same concerns would not arise).
7. Penalty Guidelines: Breaches of Regulation 15 (misconduct in research and research ethics)
7.1 A panel may apply one or more of the following outcomes where it finds a student in breach of Regulation 15:
Require you to undertake formative relevant training
Require you to write a formal letter of apology to a specified person or persons
Prohibit you from contacting a specified person or persons either at all or save in respect of specified matters
Require you to attend and/or engage with specified internal or external agencies.
Determine that a mark of zero should be recorded for the whole or part of the work submitted by you for assessment and either refer you to reassessment or not do so
Require you to write an essay or reflective account on a topic determined by the Panel, such as the need for academic integrity
Temporarily suspend you from Study and University Property and Services or less commonly from study only
Temporarily or permanently exclude you from specified University activities or from certain areas of campus
Expel you from the University
Impose an alternative or additional penalty of its choosing save that where the penalty or exemption requires or implies a concession under the Regulations governing the award of degrees, diplomas, or certificates, approval should first be sought from the Associate PVC Education and Curriculum or the Associate PVC UEA Doctoral College, as appropriate.
7.2 In determining the appropriate penalty for breaches of Regulation 15 (misconduct in research and research ethics), the following factors shall be taken into account:
Your level and experience
The nature and extent of your misconduct
The extent to which you intended the misconduct and the extent to which the offence was premeditated
Your previous record
Whether the offence exposed others to actual or potential risk of harm and, if so, the nature and severity of that risk.
The nature of the award (qualification) to which the misconduct relates
Early acceptance of guilt or remorse
Illness or other medical condition affecting your judgement or exacerbating the effect of any penalty imposed
Family or relationship problems affecting your judgement or exacerbating the effect of any penalty imposed
Duress or undue pressure