SPECIAL ORDINANCE D (ii):
Student discipline
(Special Ordinance under Statute D II 111)

Amended by Graces 1 and 2 of 30 May 2019

1. The General Board shall establish and keep under review:

1. (a)rules of behaviour concerning the conduct of Registered Students and Formerly Registered Students;

1. (b)a student disciplinary procedure for academic and non-academic misconduct relating to Registered Students and Formerly Registered Students;

1. (c)the responsibilities of Student Discipline Officers, appointed in accordance with Section 2 below;

1. (d)the student disciplinary panels for the regulation of student discipline, which shall comprise a Discipline Committee and an Appeal Committee, constituted in accordance with Sections 3 and 4 below;

1. (e)the training to be undertaken by Student Discipline Officers and members of the Discipline Committee and Appeal Committee.

2. (a) The Student Discipline Officers shall be two members of the Regent House appointed by Grace on the nomination of the General Board with responsibility for commissioning an investigation into a potential breach of the Rules of Behaviour, deciding whether to refer the matter to another procedure and determining whether a Registered Student’s criminal convictions require the University to take further action, one of whom shall be designated the Student Discipline Officer and the other the Deputy Student Discipline Officer. The Deputy Student Discipline Officer shall be called upon to act in circumstances where the Student Discipline Officer is unavailable or has a conflict of interest.

(b) The Student Discipline Officer shall reach one of the following decisions following investigation:

1.  (i)to impose a minor sanction or measure where the Student Discipline Officer is satisfied that a breach of the Rules of Behaviour has occurred and that a minor sanction or measure is appropriate;

1.  (ii)to refer the case to the Discipline Committee where the Student Discipline Officer considers that a breach of the Rules of Behaviour may have taken place and that a minor sanction or measure may not be an appropriate sanction;

1.  (iii)where neither (i) nor (ii) is appropriate:

1.   (1)to take no further action;

1.   (2)to refer the matter for decision under another University procedure.

3. (a) The Discipline Committee shall determine whether the Rules of Behaviour have been breached or a Registered Student’s criminal conviction requires the University to take further action following referral of a case by the Student Discipline Officer and, where it determines that this has taken place, shall have the authority to impose sanctions or measures.

(b) The Discipline Committee shall comprise three persons as follows, assigned by lot to hear a case from among those available who have been appointed to a panel for that class by the General Board:

1.  (i)a Chair, who shall be experienced in decision-making relating to misconduct, either through legal training or in relation to student, staff, or professional procedures;

1.  (ii)a member of the Regent House;

1.  (iii)a Registered Student or a sabbatical officer of Cambridge University Students’ Union or the Graduate Union.

4. (a) The Appeal Committee shall determine whether an appeal against a decision of the Discipline Committee is upheld or dismissed.

(b) The Appeal Committee shall comprise three persons as follows, assigned by lot to hear a case from among those available, in the case of classes (i) and (ii) from among those who have been appointed to a panel by the General Board:

1.  (i)a Chair, who shall be experienced in decision-making relating to misconduct, either through legal training or in relation to student, staff, or professional procedures;

1.  (ii)a member of the Regent House;

1.  (iii)a Proctor, Deputy Proctor, or Pro-Proctor.

5. When making a decision to impose a sanction or measure under the student disciplinary procedure, the Student Discipline Officer, the Discipline Committee and the Appeal Committee shall take into consideration any disciplinary action taken by a College to ensure that a Registered Student or Formerly Registered Student is not punished twice for the same misconduct.

6. The standard of proof to be used when making determinations under the student disciplinary procedure shall be on the balance of probabilities.

7. The University shall act reasonably in considering alleged breaches of the Rules of Behaviour under the student disciplinary procedure, having regard to the individual circumstances of the case. Every effort will be made to ensure that all parties are treated with fairness and dignity. None of those carrying out the procedure will have any previous knowledge of the case nor any material connection with any party to the alleged breach.

8. The Council and the General Board shall receive a report annually on the number, type, and outcomes of cases and appeals considered under the student disciplinary procedure, together with any recommendations concerning the procedure.