6.1.1 Disciplinary Procedures
The Dean, together with the Tutors, is principally responsible for all matters of discipline relating to junior members. She is 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. 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 Dean delegates 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 Dean. 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 for Student Conduct, Academic and Tutorial Regulations, and Regulations Governing Clubs and Societies 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 (the constitution and powers of which are laid down in College Statute 24), 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 Appeals against a decision of the Dean or a Tutor
Any junior member wishing to appeal against disciplinary sanctions imposed on them by the Dean or by one of the Tutors may do so by following the process laid out in Section 7 of the Rules of for Student Conduct and Section 4 of the Guide for Student Clubs and Societies. Where a student wishes to appeal a decision of the Dean 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 Dean 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 Dean 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 in the College Statutes 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.
6.1.3 Appeals against a decision of the Board of Discipline
In accordance with Statute 24, a student who has been expelled by a decision of a Board of Discipline has the right to appeal within 14 days to the College Council. The Council has the power to confirm, vary or reverse the decision of the Board of Discipline and/or the sanction imposed. The Statute does not provide for appeals against lesser penalties imposed by a 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.