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Introduction
The aim of these Regulations is to provide a framework within which staff can work with learners to maintain satisfactory standards of conduct and bring about improvement in conduct where necessary. The Learners Charter is a reference point for learners and staff setting out expectations, rights and responsibilities of members of the Brighton Holistic community.
The Regulations are divided into two sections:
The Policy sets out the scope and application of these Regulations and the principles to be applied in all cases.
Each case will be treated with fairness and will be considered on its own merits on the evidence and circumstances presented. Where Anatomy and Physiology Online Courses finds that non-academic misconduct has occurred, it is Anatomy and Physiology Online Courses aim to recommend a corrective course of action (where appropriate); although other sanctions may also apply.
Mediation – An alternative informal method of dispute resolution
Mediation does not form part of the formal Learners Non-academic Misconduct Procedure but, where appropriate, offers an alternative informal method of resolving any dispute and can be explored instead of making a formal allegation of misconduct. If a learner chooses to take part in mediation, this does not mean that they will lose their right to make an allegation under these Regulations.
Mediation is a process in which disputing parties seek to resolve their difference in a mutually acceptable way with the assistance of a trained mediator acting as an impartial third party. Mediation is voluntary and aims to offer the disputing parties the opportunity to be fully heard, to hear each other’s perspectives and to decide how to resolve their dispute themselves.
Mediation is entirely confidential and no record of the contents of the mediation process is held on any learner’s file. The contents of all mediated conversations are not shared with anyone unless implicitly agreed by the parties involved in those discussions. A mediators should be fully trained and an accredited member of the Civil Mediation Council and remain impartial throughout.
If mediation is entered into the usual timescales within the Student Non-academic Misconduct procedure are suspended until mediation is concluded or may not be required at all if mediation is successful.
Where an allegation of misconduct has been raised by a member of Anatomy and Physiology Online Courses that a student’s conduct should be investigated under these Regulations, Anatomy and Physiology Online Courses may, in appropriate circumstances, recommend mediation is considered instead of proceeding under these Regulations.
Regulations Governing Learner Non-academic Misconduct 1
Where mediation is recommended the parties should consider mediation after which they can make an informed choice as to whether they wish to pursue mediation or not. Further, a Mediation Service on meeting with each party initially may consider that mediation is not appropriate and may refer the case back to the party. Learners who refuse to consider mediation or an alternative means to resolve disputes with each other will need to provide adequate reasons to the school before being able to progress further under these Regulations.
Section A: The Policy
Whose conduct may be investigated under these Regulations?
These Regulations apply to allegations of misconduct committed by learners enrolled at Anatomy and Physiology Online Courses.
All staff have the authority to deal with misconduct pursuant to these Regulations.
What is misconduct for the purposes of these Regulations?
Misconduct is an act or failure to act by a learner which is unlawful or otherwise judged to be inappropriate or unacceptable behaviour where that behaviour does or could negatively affect Anatomy and Physiology Online Courses in any way, or any person or entity associated with the school.
Serious misconduct is misconduct which appears in the reasonable opinion of the school to be significant due to its impact on Anatomy and Physiology Online Courses, the person or the property affected by the misconduct.
Misconduct that is also a criminal offence.
Where a learner’s conduct is the subject of a criminal investigation, no immediate action will necessarily be taken under these Regulations, but Anatomy and Physiology Online Courses will take those decisions set out in Regulation below. If the matter is not being dealt with under the criminal process or where the criminal process has concluded, then Anatomy and Physiology Online Courses will proceed under these Regulations.
Other University Regulations that may be relevant:
The following matters are not covered by these Regulations:
Regulations Governing Learner Non-academic Misconduct 2
Academic Integrity: Breaches of academic integrity (academic misconduct) are dealt with by separate Academic Integrity Regulations.
Allegations of misconduct arising in the circumstances set out below may be considered under these Regulations where Anatomy and Physiology Online Courses deems it appropriate but will be considered in the first instance as follows:
Fitness to Practise: A student’s fitness to practise may be challenged when their behaviour, health and/or professional conduct gives cause for concern. See Fitness to Practise Policy and Procedure.
Decisions and actions before starting the procedure
Once an allegation has been raised, Anatomy and Physiology Online Courses:
will determine whether the matter falls within the scope of these Regulations. If a matter falls outside these Regulations, the person raising the allegation should be referred to any other regulations that apply;
may recommend mediation is considered in appropriate circumstances as set out above. Learners who refuse to consider mediation or an alternative means to resolve disputes with each other will need to provide adequate reasons to Anatomy and Physiology Online Courses before being able to progress further under these Regulations;
may put in place such measures as it deems appropriate to manage the risks to the parties involved or to manage the conduct of any or all of the parties. These measures may remain in place throughout the process even if no misconduct is found or any of the parties choose not to pursue mediation. The arrangements and the reasons for the decision will be conveyed to the affected parties in writing. These measures are not sanctions and do not imply that any decision has already been made about the allegations; any such measures will be for no longer than Anatomy and Physiology Online Courses deems necessary.
If the allegation is within the scope of these Regulations and mediation is not recommended by Anatomy and Physiology Online Courses, or a Mediation Service, or is otherwise not suitable, the school will, subject to the below, also determine whether to instruct that the learner(s) against whom an allegation has been made does not communicate or contact certain individuals. The arrangements and the reasons for the decision will be conveyed to the affected parties in writing. This is not a sanction and does not imply that any decision has already been made about the allegations. It will be for no longer than Anatomy and Physiology Online Courses deems it necessary to complete the investigations into the allegations and/or to hold a hearing.
Anatomy and Physiology Online Courses may also, acting through the Principal, temporarily suspend a learner from Anatomy and Physiology Online Courses (i.e. a total prohibition from Anatomy and Physiology Online Courses). The arrangements and the reasons for the decision will be conveyed to the learner in writing.
Regulations Governing learner Non-academic Misconduct 3
Before taking this decision, the learner shall have been notified and provided with sufficient detail of the allegations and have been given an opportunity to be heard.
Due consideration should be taken of any imminent examination, assessment or other deadlines which are scheduled for the learner and an opportunity provided to hear any representations put forward by the student concerning the proposed suspension.
The action is not a sanction and does not imply that any decision has already been made about the allegations. It will be for no longer than the school deems it necessary to complete the investigations into the allegations.
Confidentiality
The school will process all personal information in accordance with its Data Protection Policy.
The school will disclose information to:
There may be exceptional cases where it is appropriate to preserve confidentiality in relation to the identity of witnesses where there is reasonably perceived to be a need to protect any students or members of staff from the risk of intimidation or retribution.
Anatomy and Physiology Online Courses may also adapt the procedures in where it is considered undesirable for any one person to give evidence in the presence of another.
Where a learner against whom allegations have been made is not aware of the identity of all those who have given evidence, due weight to this factor must be given and their response to the allegations must be seen in this context. Natural justice must be observed, meaning that such a learner has the right to fully understand the case made against them.
Sanctions for Non-academic Misconduct
The usual sanctions for non-academic misconduct are set out below. Examples of sanctions aligned to forms of misconduct for illustrative purposes; this is a not exhaustive guide, and may be updated from time to time by Anatomy and Physiology Online Courses. Each case will be assessed in light of its facts.
Findings of misconduct are made on a balance of probabilities
Regulations Governing Student Non-academic Misconduct 4
The sanctions the school may levy are one or more of the following:
Where appropriate, Anatomy and Physiology Online Courses may choose to suspend the implementation of one/more sanctions if the learner has shown remorse and undertakes to significantly improve their conduct. Positive action to improve conduct will need to be demonstrated to Anatomy and Physiology Online Courses from time to time.
If a learner admits an allegation at any stage of the procedure Anatomy and Physiology Online Courses may levy a sanction for that misconduct without progressing through the next stage of the procedure for sanctions requiring action by the principal as set out above. If a learner wishes certain facts to be taken into account before a sanction is imposed, they should submit a written statement (with evidence where appropriate) together with their admission and Anatomy and Physiology Online Courses will consider this in deciding the sanction. Any sanction awarded will be decided by the Principal. Anatomy and Physiology Online Courses may also look favourably on learners making early admissions.
Anatomy and Physiology Online Courses may recommend the continuation of a no contact advisory notice post investigation alongside any penalty given. The no contact advisory notice is not a penalty.
Appeal
Learners may, appeal a decision reached by Anatomy and Physiology Online Courses on the following grounds:
There is new substantive information supported by evidence which was not known by the learner and/or the evidence could not have reasonably been obtained by the learner in time to present to Anatomy and Physiology Online Courses at the time of the original decision and/or that there has been significant failure of due process in the making of the original decision i.e. a material procedural irregularity or misinterpretation of Anatomy and Physiology Online Courses own regulations, or administrative errors which, if they had not occurred, might have impacted significantly on the original decision and/or the sanction imposed.
Dissatisfaction with the outcome of a matter or sanction does not itself constitute grounds for appeal.
Regulations Governing Student Non-academic Misconduct 5
Recording and Monitoring of Student Non-academic Misconduct Matters
Anatomy and Physiology Online Courses will record, report on and monitor cases of learners’ non-academic misconduct to identify trends, inform school practices, procedures and activities and as required under the schools Charter.
External Review – Office of the Independent Adjudicator for Higher Education
A Completion of Procedures letter signifies to the student that the school’s internal procedure for reviewing and resolving student non-academic misconduct has been completed and should be sent to the student normally within 28 days of the school’s final decision to reject a student non-academic misconduct appeal.
Balance of Probabilities
The University will review the evidence and information provided to reach a decision on the “balance of probabilities”. To clarify, the decision marker(s) believes it is more likely that the allegation is true, or not, given the information available.
Example behaviour(s) that shall be treated as a breach of Discipline
The infringements set out below are indicative examples of what could constitute misconduct and can be treated as a breach of the Discipline Regulations which may result in disciplinary action being taken. This is not an exhaustive list.
Please click here for our T’s and C’s
The application of this policy will be reviewed annually by the Principal.
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