Annex D

Annex D

PRECAUTIONARY ACTION
i. Where the nature of the alleged disciplinary offence suggested that there may be a risk of harm to yourself, other students, other members of the University or to University property, then we may take precautionary action to ensure that a full and proper investigation can be carried out (either by the police or by the University) and/or to safeguard you or others whilst the allegation is being considered (either by the police or by the University).

ii. As a first step we may require you to comply with specific conditions, for example agreeing not to contact a particular individual or not to visit a particular campus or building. Should you not abide by these conditions, we may need to consider further action as outlined below.

iii. A request may be made to the Chief Operating Officer (or nominee) to temporarily suspend or exclude you.

iv. A temporary suspension means that you will be prohibited from attending or participating in some or all teaching or assessment activities (including placements).

v. A temporary exclusion means that you are prohibited from taking part in any University activities, using university facilities and/or entering university grounds or premises. Where appropriate, this may be a qualified or partial exclusion.

vi. All efforts will be made, as far as possible, to reduce the impact of any temporary suspensions or exclusions on your studies.

vii. If you are enrolled on a course that requires you to undertake practical training in a professional role involving patients, pupils, clients or service users, or where the end qualification provides a direct licence to practise or is a requirement for a license to practise, a recommendation for temporary suspension may also be considered if the concern could mean there is a potential risk to the wellbeing of other students and staff, or to any other users mentioned above. The temporary suspension would be considered to allow for a thorough investigation of the concern to take place under the Fitness to Practise Regulations.

viii. Temporary suspensions and exclusions are precautionary measures. They are not a penalty or a sanction, and do not indicate that we have concluded that you have breached our Student Code of Conduct or that you have committed a criminal offence.

ix. A temporary suspension or exclusion will be based upon the outcome of a risk assessment and will be authorised by the Group Director of Student and Academic Services, or the Chief Operating Officer based on a recommendation from the University Secretary or Director of Academic Services (or nominee). The temporary suspension or exclusion will be for a specified period of time or until the outcome of criminal proceedings or the disciplinary process is known.

x. You will be informed in writing the reasons why this action has been necessary, of the specific restrictions placed upon you by this precautionary measure and its timescales, and the manner and frequency by which this will be reviewed. You will also be informed of your right to appeal this decision. This information may be communicated to you verbally in the first instance. Where this is the case, written confirmation will follow within two working days.

xi. Whilst the temporary suspension or exclusion is in place, you may request a review of this precautionary measure if there is a relevant change to your circumstances. You should submit this request in writing to the Vice-Chancellor, who will respond within ten working days of receipt of the letter.

xii. You may appeal against the decision to temporarily suspend or exclude you, by submitting a written request to the Vice-Chancellor within five working days of the date issued on the notice of temporary suspension or exclusion. Any evidence you wish to be considered with this appeal must be submitted at the time of submitting the appeal.

xiii. The Vice-Chancellor will consider the appeal and may take action as follows:

• Uphold the original decision and confirm the terms of the temporary suspension or exclusion;
• Uphold the original decision but reduce or restrict the terms of the temporary suspension or exclusion;
• Overturn the original decision and remove the temporary suspension or exclusion.

xiv. In cases where additional information presented as part of the appeal suggests that the level of risk is higher than previously assessed, the Vice-Chancellor may increase or extend the terms of the precautionary measure.

xv. You will be notified of the decision in writing within ten working days of receipt of the appeal.