6.1.1 Disciplinary Procedures
The Dean and Assistant Dean, together with the Tutors, are principally responsible for all matters of discipline relating to junior members. They are empowered by the College Council to levy fines of up to £150, as well as making additional charges to recover the costs of, for example, damage and cleaning. Where appropriate, for example if there is misuse of facilities, antisocial behaviour towards others (students, staff or guests) or wilful damage to College property, the penalty make take the form of an adjustment to a student's position in the room ballot for the following year. Minor misdemeanours usually result suspension of certain privileges, and/or community service. However, aggravated offences will be dealt with more severely and in no circumstances will a plea that drunkenness reduced an individual’s judgement be entertained as a mitigating factor.
The Deans delegate to the Porters the responsibility to deal with very minor misdemeanours, either by a warning or by reporting the offender to his or her Tutor or the Deans. You are expected to comply with all reasonable requests or instructions issued by a Porter (e.g. to turn down music volume or ask noisy guests to be quiet). In the first instance, the Head Porter may investigate minor incidents, and you are expected to co-operate with her in such matters.
The College’s Rules of Behaviour for students, Academic Regulations, and Clubs and Societies - regulations for students provide the details of the processes and procedures as well as of the basic assumptions underlying student discipline matters in Selwyn College. They lay out the rules and regulations, stipulate mechanisms for appeals, and furthermore lay out those areas where the College lacks the expertise and resources to investigate especially serious and complex cases. In those cases, but also in others, students are also subject to the University’s rules and regulations and some matters are reserved for investigation by the Office of Student Conduct, Complaints and Appeals (OSCCA). For example, matters involving students from different Colleges may be better resolved through OSCCA than by one or more Colleges. In cases where misbehaviour is of a criminal nature, College action may be deferred until the outcome of investigations by the police and any possible prosecution.
As the Rules make clear, the most serious complaints may be considered by a Board of Discipline (as detailed in College Statute 17), which may fine, remove from College for a limited period, or expel. Complaints alleging behaviour of a serious criminal nature should normally be referred directly to the police. The College will support students appropriately who take this course whilst also respecting the rights of others. For detailed information on the college’s jurisdiction and rules relating to allegations amounting to criminal matters, see the Rules for Student Conduct.
6.1.2 The Board of Discipline
In accordance with Statute 17, a Board of Discipline may be convened to consider particularly serious cases where an alleged breach of discipline among student members of the College is referred to a Board by the Master.
The Board of Discipline shall consist of four Fellows chosen for the hearing by the Head of House. The members of the Board shall normally be drawn from the Senior Tutor and the Tutors; but if less than four of these are able and willing to serve, the Head of House may appoint any Fellow. The Senior Tutor, if a member of the Board, shall preside; otherwise it shall be the member of the Board who is the most senior.
The members of the Board shall not include any person on whose complaint the Head of House has referred the matter to the Board, the Tutor of the student concerned, or any person who has agreed to help the student in presenting their defence. Such persons may address the Board, but must withdraw when the Board is considering the case.
A student of the College whose behaviour has been referred to the Board shall be informed in advance of the matter against them and shall be given the opportunity to explain themselves, in person where practicable; and in relation to the proceedings they shall have, if they so desire, the assistance of a member of College of their choice.
The Board of Discipline may fine, remove from College for a limited period, impose other appropriate sanctions or expel.
A student who is expelled shall have the right to appeal within fourteen days to the College Council, before which they shall also have the right to be heard. It is not anticipated that lesser sanctions would be subject to appeal. When hearing an appeal against expulsion, the Trustee members of the College Council shall sit without any of the members who sat on the Board of Discipline. The Council shall have the power to confirm, vary or reverse the decision of the Board of Discipline. In such a case the decision of the College Council shall, subject to Regulation 6, be final. In other cases, the decision of the Board of Discipline shall, subject to Regulation 6, be final.
6.1.3 Appeals against a decision of the College Council, following review of a decision of the Board of Discipline
A student whose appeal to the College Council is unsuccessful retains the right of appeal to the Office of the Independent Adjudicator.
6.1.4 Appeals against a decision of the Deans or a Tutor
Any junior member wishing to appeal against disciplinary sanctions imposed on them by the Deans or by one of the Tutors may do so by following the process laid out in Section 7 of the Rules of Behaviour for Students and Section 4 of the Clubs and Societies - regulations for students. Where a student wishes to appeal a decision of the Deans or a Tutor, they should refer the matter to the Senior Tutor.
Where they wish to appeal a decision of the Senior Tutor under the Academic and Tutorial Regulations, they should refer the matter to the Master.
Grounds for appeal are:
a) That there has been a material breach of the College’s procedures;
b) That the finding of fault was not reasonable;
c) That the penalty imposed was unreasonable under the circumstances;
d) That there is fresh evidence, which was not reasonably available for presentation to the Deans or Board of Discipline at the time when their decisions were being made.
Appeals, which must be submitted, whether in hard copy or electronically, must specify which of the above grounds for appeal are being raised, and clearly explain why there are grounds for appeal.
The Senior Tutor or other person receiving such a submission will normally consult the Deans or the Tutor responsible for the disciplinary decision. They may seek guidance from the Tutor of the junior member concerned, if the Tutor was not the original disciplinary agent. They may also decide to consult any other person they think fit. In minor cases, they may decide to take action on their own and there the matter will rest. In more serious cases, they will decide whether there is a prima facie case for the appeal to proceed. In the event of it being decided that there is no prima facie case for the appeal to be heard by an Appeals Body, there will be no further right of appeal to any other authority. In the event of it being decided that there is a case for the appeal to be taken further, it will be heard by an Appeals Body, which will report its findings to the Master.
The procedure for determining the composition of an Appeals Body will follow that laid down for the composition of the Board of Discipline. The junior member will have the right to be represented at the appeal by their Tutor or by another Fellow of their choice.
The Appeals Body will have the authority to find the appellant not guilty. It will also have the authority to increase, as well as to reduce, any fine or other form of punishment. If, having exhausted the College appeals mechanisms, a junior member is not content with that process, they may appeal to the Office of the Independent Adjudicator.
