Procedure for Suspending a Student Aug 2024

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The University of Manchester

Procedure for Suspending a Student 1

Content

1. Introduction
2. Information gathering
3. Approval
4. Notifying the reported student
5. Appeal
6. Review
7. Disciplinary action
8. Document control

1. Introduction

1.1. Section 5 of Regulation XVII (Conduct and Discipline of Students) (the “Regulation”)
permits the President and Vice-Chancellor to suspend a student, as a precautionary act,
where that student is the subject of an allegation of serious misconduct or is going through
criminal proceedings (where they have been arrested, are under police investigation, have
been charged or they are awaiting the conclusion of a trial),

1.2. If a student is on a professional programme within the Faculty of Biology, Medicine and
Health, and it is considered that the student’s health or conduct have given rise to serious
fitness to practise concerns that may necessitate suspending the student, then the process
outlined under the Fitness to Practise Procedure can be followed rather than this
Procedure.

2. Information gathering

2.1. If any member of staff should become aware of circumstances that may necessitate a
student being suspended (see paragraph 3.1 of this procedure), they should contact the
Director of Campus Life (“DCL”). Prior to contacting the DCL, it is good practice to
complete the Student Suspension Request Form and have the Form agreed by the
member of staff’s Authorised University Officer (“AUO”) 2 as described in paragraphs 6 and
7 of the Regulation. Where cases arise from within the Division of Campus Life the DCL
and AUO may be synonymous.

2.2. If the information about the student has come through a report from another student who
has a substantial involvement in the issues being raised, then the member of staff should
normally seek the reporting student’s consent if including any of their sensitive personal
data when notifying the DCL.

2.3. Upon receipt of the necessary information, the DCL will take such steps as are appropriate
to obtain any further information and evidence in order to determine whether or not a
recommendation should be made to the Director for the Student Experience to temporarily
suspend the student. The referral to the DCL should give an indication as to the urgency of
the suspension to help determine whether the suspension needs to take immediate effect
or whether the reported student should first have the opportunity to make representations.

1
Any reference to a named officer in this Procedure should also be read as a reference to their delegated nominee.
2
Requests may come from within the Division of Campus Life so a separate AUO may not be involved.
2.4. If the DCL determines that suspension is not required, then they shall provide advice to the
AUO on what action they consider is appropriate in the circumstances. This may include,
but is not limited to, a recommendation that the case is not pursued, is investigated further
or is allocated to a disciplinary hearing. Recommendations may also be made to a
student, such as:

2.4.1. That the student receives a letter from, or attends a meeting with, an AUO (or
nominee) to be advised of concerns having been raised and to remind the student of
behavioural expectations.
2.4.2. That the student is referred to University support services.
2.4.3. Requiring the student to agree to an undertaking as to good future conduct at the
University, including any conditions attached thereto e.g. not to contact a named
person or engage in a particular activity.
2.4.4. Referral through the Policy on Supporting Health, Fitness and Return to Study.

3. Approval

3.1. The power of temporary suspension can be exercised by the Director for the Student
Experience only where necessary to:
3.1.1. protect a member or members of the University community;
3.1.2. protect the property of the University or of a member or members of the University;
3.1.3. protect the reputation of the University;
3.1.4. avoid the repetition of the circumstances which led to the allegation;
3.1.5. prevent any disadvantage to the suspended student (e.g. where bail conditions
prevent the student’s presence on campus);
3.1.6. ensure that any alleged victims or potential witnesses are not subject to
interference;
3.1.7. prevent the student’s continued presence being a source of disruption to the
University or any part thereof; and/or
3.1.8. facilitate a proper investigation into the alleged misconduct and/or to allow a case to
reach an appropriate stage of consideration.

3.2. Suspensions can be full suspensions (which fully pause a student’s registration) or a
partial suspension (which identifies conditions to be placed around a student’s
registration). Suspensions can also be immediate or non-immediate (i.e. prospective).

3.3. If the DCL determines that an immediate suspension is appropriate and necessary based
on the circumstances of the case and for one, or more, of the reasons described under
paragraph 3.1 above, then the DCL will recommend to the Director for the Student
Experience that the reported student be suspended. If the recommendation is approved
by the Director for the Student Experience then the reported student will be notified (see
section 4). Immediate suspensions are more common.

3.4. If the DCL determines that a suspension imay be appropriate and necessary based on the
circumstances of the case and for one, or more, of the reasons described under paragraph
3.1 above, but the circumstances indicate that the suspension may not be suitable to be
applied immediately e.g. signficant welfare issues, significantly limited information about a
case etc suspension, then the DCL will notify the reported student (in keeping with section
4) so that they might first provide representations on the prospective suspension. This
may still lead to the DCL recommending that the Director for the Student Experience
suspends the student, or the DCL may determine not to proceed with the recommendation
and alternative actions may be identified.

3.5. The recommendation should include reference to any conditions that may be necessary to
attach to the suspension, including:
3.5.1. restriction of access to the University or a specified part thereof;
3.5.2. total or selective restriction of participation in University activities or access to
University services (academic, residential, social or sporting facilities provided by the
University), which may still give permission to sit University examinations;
3.5.3. prohibition from exercising the functions or duties of any office or committee
membership in the University or the Students’ Union;
3.5.4. no contact with a named person or persons; and/or
3.5.5. compliance with University processes and information gathering.

3.6. If a recommendation is not approved by the Director for the Student Experience then the
DCL and AUO will decide whether any further action under the Regulation can, or should,
be taken.

4. Notifying the reported student

4.1. Where an immediate suspension has been approved by the Director for the Student
Experience, the DCL will write to the student to notify them of the suspension and the
reasons for it. Where a prospective suspension is being considered, the DCL will write to
the student to notify them of the prospective suspension and the reasons for it.

4.2. As soon as reasonably practicable, or otherwise at an appropriate juncture of the case, the
student will be given an opportunity to meet with appropriate University staff about the
case, such as the DCL and nominees (e.g. individuals from the Advice and Response
Team), to provide their comments on the suspension (often referred to as the first review
meeting). The student may be accompanied to the meeting by someone for support
purposes, as per the principle outlined at paragraph 3.14 of the Regulation. The student
may also submit a written statement, and any supporting evidence, responding to the
suspension prior to the meeting. The default mode of the meeting will be online, but a
student may request an in-person meeting. After the meeting, the allocated University
staff will review the student’s comments against the suspension and associated
information. If considered necessary, the Director for the Student Experience may be re-
consulted on any previous decision they have made.

4.3. If the student does not attend the meeting or submit any comments on the suspension,
then the suspension will be reviewed in the student’s absence.

4.4. The DCL will confirm the outcome of the meeting to the student. In the case of an
immediate suspension the outcome to the meeting might be that the suspension remains
in effect, that it is removed or that the suspension remains in place but is amended in
some way. In the case of a non-immediate suspension, the outcome to the meeting might
be that a full or partial suspension is recommended and comes into effect or that
alternative action is instead identified.

5. Appeal

5.1. A student may appeal against a decision to suspend them. An appeal must be raised
within ten working days of the suspension decision being confirmed (following the
conclusion of section 4 above). An appeal can only be made once and on one, or more, of
the following grounds:
5.1.1. procedural irregularity in the suspension process;
5.1.2. availability of new evidence which could not reasonably have been expected to be
presented prior to the suspension being confirmed;
5.1.3. the disproportionate nature of the suspension.

5.2. The student should submit a statement of appeal which outlines their grounds of appeal,
the reasons for the appeal and provide any supporting evidence. The submission should
be sent to the DCL, who will then arrange for it to be forwarded to the Vice-President for
Teaching, Learning and Students and/or the Vice-President for Research for
consideration.

5.3. The Vice-President for Teaching, Learning and Students and/or the Vice-President for
Research will consider the matters raised at appeal against the permitted grounds and the
wider case material. A student will normally receive an appeal outcome within 20 working
days from receipt of the appeal.

5.4. In accordance with section 5 of the Regulation, the student’s suspension will remain in
place pending the outcome of any appeal. Additionally, the conclusion of any appeal is not
viewed as the completion of the University’s disciplinary procedures.

6. Review

6.1. A suspension will be reviewed by the DCL every 20 working days from the date of it being
confirmed (following the conclusion of section 4 above). The review may be paused where
a student’s appeal is being considered.

6.2. The review will normally only be considering new and substantial developments in the
case and any written representations submitted by the student. In other respects there is
unlikely to be any activity on the case.

6.3. The DCL will write to the student to inform them of the outcome of the review where there
have been new and substantial developments in the case, changes to the suspension or
correspondence from the student.

6.4. The outcome of a review may be that the suspension remains in place, it is subject to
amendment, or that section 7 of this procedure should be enacted. If considered
necessary, the Director for the Student Experience may be re-consulted on any previous
decision they have made.

7. Disciplinary action

7.1. If the student has been suspended due to misconduct, but which is not linked to criminal
proceedings, then the University will aim to investigate the alleged misconduct and/or
allocate the student’s case to a Summary Disciplinary Panel (“SDP”) or University
Disciplinary Panel (“UDP”) hearing as soon as practicable. A suspension may remain in
place pending the conclusion of internal proceedings.

7.2. If the student’s suspension is linked to criminal proceedings, then any suspension will
normally remain in effect until the conclusion of the criminal matters. Once this conclusion
has been reached, then either through this procedure or the Procedure for Student
Criminal Offences, the outcome from those proceedings will be reviewed, to determine
what action should be taken. This may, for example, mean the suspension ends without
further disciplinary action or a case is further investigated by the University or proceeds to
a disciplinary panel. A suspension may remain in pace pending the conclusion of internal
proceedings.

7.3. If the suspension is rescinded and a student is not referred for disciplinary action, the DCL
may make recommendations or directions to the student based on the circumstances of
the case. Such recommendations may include:
7.3.1. Referral to University support services.
7.3.2. Requiring the student to agree to an undertaking as to good future conduct at the
University, including any conditions attached thereto e.g. not to contact a named
person or engage in a particular activity.
7.3.3. Determining when the student may be able to return to study (and the academic
requirements upon their return).
7.3.4. Arranging a return to study meeting with the student’s School.
7.3.5. Referral through the Policy on Supporting Health, Fitness and Return to Study.

8. Document control

Document control box


Policy / Procedure title: Procedure for Suspending a Student
Date approved: August 2024
Approving body: Student Conduct and Discipline Committee
Version: 2
Supersedes: September 2019
Previous review dates: N/A
Next review date: Summer 2026
• Statute XXI (Conduct, discipline and academic
Related Statutes, Ordinances, progress of students)
General Regulations: • Regulation XVII (Conduct and Discipline of
Students)
Equality relevance outcome: High / Medium (delete as applicable)
• Procedure for Student Criminal Offences
• Procedure for the University Disciplinary Panel
Related policies/procedures/guidance:
• Procedure for Summary Disciplinary Panels
• Procedure for Handling Allegations of Sexual
Misconduct
Sarah Littlejohn (Director of Campus Life)
Policy owner:
(Sarah.Littlejohn@manchester.ac.uk)
Matt Valentine (Student Conduct and Discipline
Lead contact:
Manager) (Matthew.Valentine@manchester.ac.uk)

Amendment history

Version Date Reason for change


2 August 2024 Updates agreed by Senate to suspension section of Regulation XVII
e.g. some wording and phrasing, and change to the roles that approve
suspensions and consider appeals. Updates to procedure reflect those
broader changes and some further wording and phrasing changes.

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