The University owes a duty of care towards its students and staff. We strive towards a community in which individuals accept their obligations and responsibilities to the whole in order to enable all to live, learn and research in a peaceful and supportive environment. Discipline is important in safeguarding the University community as a whole and promoting well-being, equality and fairness. This community extends beyond the bounds of the University campus. The scope of this regulation can include, but is not limited to, incidents on University related business or events, or between students.
Disciplinary offences are unjustified or illegal actions which cause, or may cause, injury, harm or damage to members of the University or the public, its visitors or its property, activities or reputation. They include actions which obstruct or prevent the proper functioning of the University or impede any member of it from pursuing their study, or at work whether on campus or on placement. They may be perpetrated intentionally, recklessly or negligently and include but are not limited to:
(a) Under Statute 6.5, the Vice-Chancellor has power to suspend a student from any class/classes and to exclude a student from any part of the University or its precincts, subject to reporting this to Council. The Vice-Chancellor has delegated this power to the Deputy and Pro-Vice-Chancellors, who may take this action in consultation with the Registrar and Secretary where he or she perceives that the continued presence of a student at the University may pose a significant danger to that student and/or other students or members of the University or to University property, and may require the student to withdraw immediately for a stipulated period. During that time, the student may return to the University to attend any relevant disciplinary hearing or with the prior express permission of the Deputy or Pro-Vice-Chancellor, which may be subject to specified conditions as the Deputy or Pro-Vice-Chancellor deem to be appropriate.
(b) If, arising from such hearing, the student is excluded temporarily or permanently from the University, such exclusion shall apply pending the outcome of any appeal.
(a) If the police proceed against a student in relation to a matter which may be or has become the subject of disciplinary procedure under this regulation, the University may suspend the student and elect not to progress further such procedure (other than under 7.2.1) pending the outcome of police investigations and/or the completion of any criminal judicial process. Less usually but in relevant circumstances, the University may also suspend the student and not progress further under this regulation pending the outcome of relevant civil proceedings.
(b) If the police issue a student with a police warning or caution or if they decide to proceed no further in relation to a matter which may be or has become the subject of disciplinary procedure under this regulation, then the University may, if it deems fit, proceed under the provisions of this regulation. (The student may wish to have recourse to the support services generally made available to students by the University).
(c) If a case relating to a matter which may be or has become the subject of disciplinary procedure under this regulation, is referred to a court of law, the University may await the outcome of that and once the decision of a court of law is issued, then:
(i) in the event of the student being found not guilty, the University shall decide whether or not to take further action under this regulation, taking into account such factors as whether any threat is posed to other students or staff at the University;
(ii) in the event that the student is found guilty and a non-custodial sentence is imposed by the court of law, the University may decide, in addition, to take disciplinary proceedings under this regulation;
(iii) in the event that a student is found guilty and a custodial sentence is given, the student may have his or her current registration terminated or suspended. If the student later applies to be re-admitted, the Registrar and Secretary shall in consultation with the Deputy or Pro-Vice-Chancellor consider this and determine whether to grant this request and, if so, whether any additional penalties or conditions shall attach to such re-admittance. If a student wishes to appeal the outcome of a decision to readmit them this would be referred by the Registrar and Secretary to three members of the Senior Management Team who have not been involved in the case for further consideration.
(a) Allegations of any suspected offence under this regulation shall first be investigated, where such offence relates to a breach of college rules, by the Head of the College concerned or, if such offence relates to departmental regulations or similar matters, by the relevant Head of Department or College, or otherwise (including if the relevant Head of Department or College so elect) by the Registrar and Secretary (all being Investigating Officers authorised by the University to give certain penalties and directions as specified below).
(b) The initial investigation may include a preliminary interview with any parties involved. If it is found that there is a case to answer, the Investigating Officer shall investigate further as he or she deems appropriate and reach a decision taking into account the circumstances and evidence available.
(c) Proceedings shall be conducted without undue delay, giving the student notice of any proceedings, details of allegations and opportunity to make representations and/or rebut arguments or evidence brought against him or her. Any decision will be delivered with reasons as fast as is reasonable, having due regard to natural justice.
(d) Any hearings seen fit to be taken under this regulation shall be in private (i.e. not in a public place). Those conducting any hearing shall decide whether or not students who are the subject of disciplinary procedure and any relevant witnesses or alleged victims shall appear together or separately in any hearing. Strict rules of evidence shall not apply to such hearings, but these shall be conducted with regard to rules of natural justice. Hearings may take place in the absence of the student concerned, provided that reasonable steps to inform the student of the hearing have been taken (though the University may agree to a prior request to change hearing dates if for good reason, such as ill-health, a student or supporter cannot attend any date originally set).
(e) Students may seek independent advice and support from York University Students' Union (YUSU) and/or the Graduate Students' Association (GSA) as appropriate. At any hearing, a student may be accompanied one of either a registered student or employee of the University, or (if an undergraduate) the Academic and Welfare Coordinator or other similar sabbatical officer of YUSU, or (if a postgraduate) the Representation, Advice or Welfare Coordinator or other similar officer or staff member of GSA. However, any such accompanying person cannot represent the student or attend if the student is not present in person, or be a co-accused or witness to any alleged offence.
(f) A student on placement or away for other study reasons may be required to return for purposes of any disciplinary investigation and shall do so promptly on request.
(g) Where a disciplinary offence is denied but found as a result of investigation to have been committed, the student may give a statement in mitigation before a penalty is given.
(h) On reaching any decision relating to a disciplinary offence in a College, the relevant Head of College may fine individual students up to £250 and/or exclude any student for up to three days from any relevant College facility.
(i) On reaching any decision relating to a breach of departmental regulations including the student's obligations under regulation 2.5 and 6.4 and/or similar matters, the relevant Head of Department may fine individual students up to £250 and/or exclude any student for up to three days from any relevant department, laboratory, library or other study area.
(j) In reaching a decision in a matter, the Registrar and Secretary (who may elect to appoint a nominee to act on his or her behalf, and at his or her discretion consult with any relevant Head of Department, Head of College or supervisor), may fine a student up to £250 and/or exclude a student for up to 3 days from a relevant department, laboratory or other study area.
(k) In addition to a fine, students found to have perpetrated disciplinary offences may be directed by the relevant Investigating Officer to pay compensation to cover some or all of the cost of any damage caused by his or her offences and/or to offer an apology to anyone who has suffered from such offence.
(l) Failure to pay any fine imposed, or to respect an exclusion, could be treated as a separate disciplinary offence.
(m) All Investigating Officers may at any stage in the investigation, where they regard it as reasonably appropriate and, following consultation with the Registrar and Secretary, recommend that the Deputy or Pro-Vice-Chancellor consider exercising his or her power to suspend or exclude under Statute 6.5, in addition to the powers they have to impose sanctions, as referred to above.
(n) The University may involve the police in any incident it deems appropriate and notify the Independent Safeguarding Authority of conduct raising concerns of harm/risk of harm to minors or vulnerable adults.
(o) These proceedings may operate in conjunction with other University Proceedings, such as those relating to Academic Misconduct, Fitness to Practise and Harassment.
(p) References to students include full-time and part-time students, students studying abroad and students externally registered for examinations.
(a) Where a student wishes to contest a decision made by a Head of Department or College and/or penalty under 7.2.3, he or she may appeal by written notice to the Deputy Vice-Chancellor within fourteen days of the date of the decision. The Deputy Vice-Chancellor shall then appoint another senior member or officer of the University (other than any Investigating Officer previously involved in the matter) to look into the appeal, giving opportunity to the student to submit written representations upon the decision and/or penalty. The appointee shall report to the Deputy Vice-Chancellor with recommendations, which the Deputy Vice-Chancellor shall consider in reaching a final decision on the appeal (to be notified to the student in writing as soon as reasonably possible).
(b) If any Investigating Officer reaches a finding that he or she regards as meriting a penalty which he or she is not authorised to impose, he or she can refer the case to the Deputy Vice-Chancellor who may act in accordance with powers of suspension and exclusion under Statute 6.5.
(c) In determining any appeal, the Deputy Vice-Chancellor may (i) confirm the findings and penalty or (ii) confirm the findings in whole or in part but increase or decrease or modify the penalty or (iii) uphold the appeal and quash the previous decision.
(d)Where a student remains unhappy with the outcome of their appeal to the Deputy Vice-Chancellor under (c) they may take their case to the Office of the Independent Adjudicator (subject to that Office's rules on eligibility).
- Regulation 1
Regulations for higher doctorates
- Regulation 2
Regulations for research degree awards
- Regulation 3
Regulations for awards relating to taught programmes of study
- Regulation 4
This regulation no longer exists
- Regulation 5
Regulations on assessment
- Regulation 6
General academic regulations and procedures for taught programmes
- Regulation 7
- Regulation 8
Enrolment, residence and payment of fees
- Regulation 9
Election of members to the Senate
- Regulation 10
Freedom of speech within the University
- Regulation 11
Use of computing facilities
- Regulation 12
- Regulation 13
Report an incident
To report a disciplinary offence, please visit the Student misconduct page.