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    Student Regulations 2009/2010

    A Introduction

    A.1 These Regulations satisfy the requirements of the Articles of Government forEdge Hill University. (Refer to 3.2 (f) and 12 (2).

    A.2 These Regulations apply to all students registered at the University, irrespective

    of mode of delivery and location, and to all sabbatical and paid officers of Edge HillStudents Union when they may reasonably be regarded as being under theauspices of the University, or in a public place within the vicinity of the University.This shall include conduct arising at any time when the student may be regarded asrepresenting Edge Hill as an individual or as part of a group or team, and when thestudent is in some location away from Edge Hill following an arrangement madethrough the University or the Students Union. In circumstances where there is analleged conduct issue, students who are also employed as staff of the University arerequired to note that, any allegations in relation to conduct occurring whilst employedas a member of staff, will be dealt with under the relevant Human Resourcesprocedures.

    A.3 These Regulations do not establish / constitute the procedures determined byAcademic Board for the academic operation and regulation of programmes. Theseare covered by the Academic Regulations and all students are required to makethemselves familiar with them. The procedures determined by Academic Board forthe academic operation and regulation of programmes apply to all studentsirrespective of mode of delivery and location.

    A.4 Any student attending a programme of study provided by Edge Hill in partnershipwith another University or College is also subject to the Regulations related to the

    conduct of students of that other University or College. In particular, studentsstudying on another campus must abide by the rules of any localised University /campus based regulations in so far as they apply to conduct, health and safety.

    A.5 Any student attending placement(s) as part of their programme of study at EdgeHill must abide by the rules of the placement provider, in so far as they apply toconduct, health and safety.

    A.6 Under these Regulations, the Vice-Chancellor has the responsibility forexecuting particular functions. Some of these functions may be delegated to anominated Senior Manager. The Vice-Chancellor will ensure that a scheme of

    delegation exists to cover designation of a nominee(s) to carry out theresponsibilities of the Vice-Chancellor within these Regulations.

    B General Student Regulations

    B.1 Enrolment

    B.1.1 Students, other than sabbatical officers of the Students Union, are required toenrol or reenrol for each successive year or other relevant part of a course asdetermined by Edge Hill.

    B.1.2 Students are responsible for making sure that all tuition fees and all otherexpenses relating to their programme are paid. This includes responsibility for thearrangement of any payments by a third party. Where a third party (such as anemployer or the Student Loan Company) is nominated to pay fees, but does not pay,students are personally liable for those fees. The tuition fees, which are reviewedDraft Student Regulations 2009-10G / SS Admin / Student Regulations

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    and revised each academic year, will be as stated in fee documents supplied tostudents. Students are bound by the Universitys regulations on the payment of feesand refunds in the event of termination of the programme of studies and theconsequences of non payment, as amended from time to time. These fees do notinclude any fees payable for residential accommodation provided to you by theUniversity or by any third party; nor do they include examination fees, Library fees,Learning Resources fees, travelling costs or other associated course costs. Ifrelevant, these will be the subject of separate agreements between you and the

    University. (Refer to Edge Hills Halls of Residence Licence Agreement.) Studentsshould note that re-enrolment may be withheld from debtors and that outstandingdebts at graduation or termination of study will be referred to a debt collectionagency. Further information can be obtained in the Fees Policy, which is publishedby Academic Registry / Policy Support and Information Unit and is available on EdgeHills website.

    B.1.3 At, or before enrolment, all students must produce evidence that they have metthe relevant entry requirements for their particular programme of study.

    B.1.4 All students are requested to provide the University with an emergency contactname and details. All students are required to note that Edge Hill may useinformation provided on emergency contact names and details at its discretion in anemergency.

    B.1.5 Only persons who have enrolled as students or are sabbatical officers of theStudents Union have rights of access to Edge Hills facilities as students.

    B.1.6 Once enrolment to a course is completed, a person is considered to continueas a student until the end of that programme of study or until re-enrolment isrequired, whichever is the earlier, unless the student:

    (i) is excluded from the programme in accordance with the rules onacademic progress and the consequences of poor academic performance(Refer to Section I of the Academic Regulations).(ii) is precluded from attending Edge Hill on medical grounds.(iii) is expelled from Edge Hill for gross misconduct as determined by aDisciplinary Panel in accordance with the Student Code of Behaviour andDisciplinary Procedures. (See in particular Section D of these Regulations).(iv) withdraws from the programme.(v) is excluded by the Chair of the appropriate Assessment Board fromhis/her programme of study during the course of the academic session for

    academic reasons. (Refer to section I of the Academic Regulations).(vi) is excluded from the course following an assessment of theprofessional suitability of the student following failure to progress in practice inaccordance with the Academic and Professional Review Procedures. (Refer toAppendix 20 of the Academic Regulations) and the Fitness for PracticeProcedures.

    B.1.7 Students must notify Edge Hill of any changes occurring during the academicyear to the information supplied on enrolment or re-enrolment. In particular, studentsmust notify Academic Registry and their Department if they change their semester orhome address or their emergency contact details. Edge Hill will not accept

    responsibility for any inaccuracies in data held on individuals where the source of theinaccuracy is outside of its control.

    B.1.8 Students who wish to change their programme of study leading to a differentAward Title will need to meet the entry requirements for their new programme ofDraft Student Regulations 2009-10G / SS Admin / Student Regulations

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    study and obtain the approval from appropriate staff. (Students should refer to therelevant Handbook for their programme or request an appointment to see a memberof staff from Academic Registry.)

    B.1.9 Students who wish to change their modules within their current academic yearmay do so (subject to meeting any entry or other requirements, including moduleprerequisites) by following the procedure for requesting a change of module outlinedin relevant Handbooks.

    B.1.10 Students who enrol late or who make late modifications to their programmesof study without good cause may be charged an additional administrative fee.

    B.2 Criminal Convictions

    B.2.1 Edge Hill requires all students to declare any unspent criminal convictions orcurrentcriminal investigations on admission to the University in accordance with theprocedures specified in the Admissions Policy, Appendix 3.1

    B.2.2 Edge Hill requires all students to declare as soon as possible any criminalinvestigations and / or convictions that they become subject to during their course ofstudy / period of enrolment with the University. This will enable us to assess whetheror not there is any risk to any member of Edge Hill communities, including practiceplacement communities and partner organisations.

    B.2.3 Edge Hill requires all students who take time out from their studies(intercalation) to declare any criminal investigations and / or convictions that theybecome subject to during their period of intercalation. This will enable us to assesswhether or not there is any risk to any member of Edge Hill communities, includingpractice placement communities and partner organisations. Students on

    professional courses, requiring enhanced Criminal Records Bureau clearance, arerequired to note that they must undergo a further CRB clearance check prior to theirreturn to their programme of study, following a period of intercalation. (See alsoSections B.2.7 B.2.9 of these Regulations).

    B.2.4 The declaration of a criminal conviction or investigation will not necessarilyaffect your position at Edge Hill, however it may be necessary for Edge Hill to takeaction where the conviction also contravenes our Student Code of Behaviour andDisciplinary Procedures. (See Section D of these Regulations). If you are convictedof a criminal offence during your programme of study / period of enrolment, or yourperiod of intercalation, this must be declared in writing to the Academic Registrar. In

    line with procedures, the Academic Registrar will decide if there are any implicationsin relation to your programme and your standing as a student of Edge Hill. Asappropriate, Edge Hill will make arrangements to provide you with support andguidance on how to deal with this.

    B.2.5 Failure to disclose an unspent criminal conviction or a current criminalinvestigation on application and enrolment to the University will itself constitutemisconduct under our Student Code of Behaviour and Disciplinary Procedures andmay result in disciplinary action and possible expulsion from Edge Hill University.

    B.2.6 Failure to disclose if you are convicted of a criminal offence or are subject to a

    criminal investigation during your programme of study / period of enrolment to the

    1It is also proposed that with effect from September 2008 anyone starting a programme of initialteacher training (ITT) leading to the award of QTS will also be required to be provisionally registeredwith the General Teaching Council for England (GTC). Section 134 of the 2002 Education Act

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    University will itself constitute misconduct under our Student Code of Behaviour andDisciplinary Procedures and may result in disciplinary action and possible expulsionfrom Edge Hill University.

    B.2.7 Students on professional courses requiring Standard or Enhanced Disclosurethrough the Criminal Records Bureau as a condition of entry to the course are alsosubject to particular regulations regarding the declaration of criminal convictions andcriminal investigations incurred whilst on programme.2 If you are convicted of a

    criminal offence or subject to a criminal investigationduring your programme of study/ period of enrolment, this must be declared in writing to the Academic Registrar.Edge Hill will make appropriate arrangements for you to undergo a further disclosureand follow this up with a panel interview to:

    (i) ensure that any caution, conviction or criminal investigationwill not prevent youfrom taking up any professional practice, either on placement or throughemployment.

    (ii) provide you with support and guidance on how to deal with this at subsequentinterviews for professional practice placements or employment.

    In many instances Edge Hill is notified directly by the Police or other relevant

    authorities about cautions or convictions. In the event that we are notified of acaution or conviction which you have not informed us about, you will have to undergoa further disclosure and panel interview. You will also be subject to review inaccordance with the Academic and Professional Review Procedures for yourprogramme. (Refer to Appendix 20 of the Academic Regulations).

    B.2.8 Students are required to note that under the new arrangements forsafeguarding of vulnerable groups (both adults and children), in certaincircumstances, the University will have a statutory duty to notify the newIndependent Safeguarding Authority (ISA)3 of any relevant recorded disciplinaryinvestigations / procedures.

    B.2.9 Storage and handling of data and information relating to criminal convictiondisclosures will be handled in accordance with the CRB Code of Practice regardingthe correct use, storage, retention and disposal of Disclosures and Disclosureinformation. Edge Hill will also fully comply with its obligations under the DataProtection act and other relevant legislation pertaining to the safe handling, use,storage, retention and disposal of Disclosure information. (Refer to Edge HillAdmissions Policy Appendix 1.)

    B.3 Attendance

    B.3.1 For full-time undergraduate students, attendance at designated learningactivities of programmes and modules is expected. Notification of illness andrequests for leave of absence should be submitted to a nominated member of staff(usually the Programme Leader) in accordance with published procedures.

    B.3.2 Programmes that confer a licence to practise may require a specificattendance level in order to meet the award requirements.

    2General Teaching Council for England (GTC) Registration. Section 134 of the 2002 Education Act

    3 The Independent Safeguarding Authority is the single agency responsible for vetting all individualswho want to work or volunteer with vulnerable people. All those who want to work with vulnerablepeople need to be vetted and registered with the ISA.Draft Student Regulations 2009-10G / SS Admin / Student Regulations

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    B.3.3 Individual modules may incorporate a specific attendance requirement as partof the assessment criteria for successful completion of a module. Justification will beconfirmed at validation.

    B.3.4 Attendance Policy Regulations for the Undergraduate Framework Faculty of Arts & Sciences

    B.3.4.1 All students registered on the Undergraduate Framework are subject to the

    published attendance regulations. For full time undergraduate students, attendanceat designated learning activities of programmes and modules is expected.Notification of illness and requests for leave of absence should be submitted to anominated member of staff in accordance with published procedures.

    B.3.4.2 We cannot emphasise too strongly the importance of attending yourtimetabled classes on a regular basis. This will ensure that you engage fully with thelearning experience, and maintain contact with your tutors and fellow students. It willalso ensure that you receive essential information about your module and course,including details of assignments and other assessed work. Failure to attendtimetabled classes will severely reduce your chances of success, limit your ability toachieve a degree result that fairly reflects your ability, and can quickly lead tooutright failure of a module or even your entire degree programme. For thesereasons, the Faculty has the following Attendance Policy :

    B.3.4.2.1 For all undergraduate students, attendance at all timetabled learningactivities associated with programmes and modules is compulsory.

    B.3.4.2.2 If you are unable to attend for genuine reasons of illness or unforeseenpersonal circumstances, it is your responsibility to notify the nominated member ofstaff (usually the Module Leader) in accordance with Departmental and Faculty

    procedures.

    B.3.4.2.3 Some modules incorporate a specific attendance requirement as part ofthe assessment criteria for their successful completion. This may reflect therequirements of professional bodies and/or the need to ensure continuity of learningfor reasons including academic progression or health and safety. In these modules,failure to attend for the minimum required number of sessions will automaticallyresult in a fail grade for the module as a whole.

    B.3.4.2.4 All Departments in the Faculty operate an attendance monitoring systemwhich allows the Faculty to verify your attendance at each timetabled session. It is

    your responsibility to ensure that your attendance is recorded, so that the ModuleLeader has a complete record. A parallel system for the recording of courseworksubmission also operates in all Departments.

    B.3.4.2.5 Continuous checking of the attendance lists will take place at module andcourse level. Any instances of persistent and unauthorised non-attendance and/or ofnon-submission of coursework will be reported to the Faculty Tracking & SupportOfficer for follow up.

    B.3.4.2.6 The role of the Tracking & Support Officer is to make immediate personalcontact with any student whose attendance and/or coursework submission is giving

    cause for concern. The purpose of this contact is to offer you support in meetingyour obligation to engage fully with your course. If you experience ongoing problemswith attendance or submission of work, you may be required to attend a formalProgress Support Meeting at which your progress will be reviewed and actionsagreed to ensure that you can complete your studies successfully.Draft Student Regulations 2009-10G / SS Admin / Student Regulations

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    B.3.4.3 Students who do not have the required authorisation for absence and do notrespond to communications with Edge Hill and who are absent for four weeks ormore may be deemed to have withdrawn from the programme of study. Where astudent is deemed to have withdrawn, the date of withdrawal will be recorded as thelast day of attendance.

    B.3.4.4 Academic Registry will automatically notify all Edge Hills relevant academic

    and administrative departments, all sponsors (if appropriate), and the Student LoansCompany of all student withdrawals.

    B.3.5 Attendance Policy Regulations for BA / BSc with QTS and PGCEProgrammes Faculty of Education

    B.3.5.1 For full time and part time undergraduate students / trainees, attendance atdesignated learning activities of programmes and modules is required (unlessabsence has been properly authorised.)

    B.3.5.2 For PGCE students / trainees attendance at all planned sessions anddesignated learning activities of programmes and modules is required (unlessabsence has been properly authorised.) For students / trainees on flexible PGCEprogrammes this will vary for individual trainees according to their training plans.

    B.3.5.3 The Department for Children, Schools and Families requires that trainees intraining for the teaching profession comply with very strict regulations concerning thenumber of taught hours for general professional courses. Trainees will be expectedto attend all designated learning activities and to notify illness and request leave ofabsence in accordance with published procedures. Individual programmes mayrequire a specific level of attendance in order to meet the award requirements and

    individual modules may incorporate a specific attendance requirement as part of theassessment criteria for the successful completion of the module. Trainees arerequired to note that if you are on a placement- based day, then contact must alsobe made with the school / setting.

    B.3.5.4 If you are absent for longer than five days, then you must obtain a medicalcertificate, which should be sent to the ITT Office or to the relevant ProgrammeLeader / Year Leader / Course Leader.

    B.3.5.5 Students / trainees who do not have the required authorisation for absenceand do not respond to communications with Edge Hill and who are absent for four

    weeks or more may be deemed to have withdrawn from the programme of study.Where a student / trainee is deemed to have withdrawn, the date of withdrawal willbe recorded as the last day of attendance.

    B.3.5.6 Academic Registry will automatically notify all Edge Hills relevant academicand administrative departments, all sponsors (if appropriate), and the Student LoansCompany of all student withdrawals.

    B.3.6 Attendance Policy Regulations forStudents in Training For ProfessionsAllied To Medicine - Faculty of Health

    B.3.6.1 As a general rule, attendance at all designated learning activities ofprogrammes and modules is required (unless absence has been properlyauthorised.)

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    B.3.6.2 Students in training for professions allied to medicine must comply with verystrict statutory regulations concerning the number of hours of theory / practice fortheir programme of study. Students who are ill and cannot attend, must ring theFaculty of Health Office, or get a reliable other person to do so, so that a messagemay be passed to tutors. If you are on a practice placement based day, then contactmust also be made with the practice placement.

    B.3.6.3 If you are absent for longer than five days, then you must obtain a medical

    certificate, which should be sent to the Faculty Office.

    B.3.6.4 Breaks in a programme arising as a consequence of sickness / absence,maternity or compassionate leave will be accommodated in accordance with NMCRegulations, Edge Hill Regulations and Department of Health Guidelines as arecurrently in force. (Refer to Faculty of Health Policy for Management of a Break in aCourse Due to Absence, Sickness, Authorised / Notified Absence.)

    B.3.6.5 Unauthorised absence will be dealt with in accordance with the StudentDisciplinary Procedures with agreed amendments for Faculty of Health students.

    B.3.6.6 Students who do not have the required authorisation for absence and do notrespond to communications with Edge Hill and who are absent for four weeks ormore may be deemed to have withdrawn from the programme of study. Where astudent is deemed to have withdrawn, the date of withdrawal will be recorded as thelast day of attendance.

    B.3.6.7 Academic Registry will automatically notify all Edge Hills relevant academicand administrative departments, all sponsors (if appropriate), and the NHS BusinessServices Authority of all student withdrawals.

    B.3.6.8 Students seconded to short module or programmes by their employer will besubject to their seconding employers policies and procedures in relation to sicknessand absence.

    B.3.6.9 Students who are self supporting come under Edge Hill and the Faculty ofHealth policies and procedures in relation to absence, sickness and authorised /notified absence.

    B.3.7 Attendance Policy Regulations forInternational Students

    B.3.7.1 International students attending Edge Hill University must comply with the

    conditions of their visa. In addition, students are required to note that Edge Hill mustcomply with their legal obligations to UKBA as Tier 4 sponsors. To ensure this, anystudent who is in the UK on a student visa issued on the basis of full time study atEdge Hill University is expected to maintain full time attendance on their course. Inaddition, students must maintain agreed contact points with the University, as laidout in their international student agreement signed at the start of their studies.Failure to adhere to the agreement may result in UKBA revoking a student's visa.

    B.4. Health, Safety and Security

    B.4.1 All students of Edge Hill must at all times, whilst on Edge Hill premises, or

    taking part in Edge Hill activities elsewhere, follow Edge Hills Health & Safety policyand comply with any Health & Safety instructions given. Students on placements arerequired to note they must abide by any localised rules of placement providers, in sofar as they relate to conduct, health and safety.

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    B.4.2 In particular students:

    must not introduce any equipment for use on Edge Hills premises, without theconsent of the member of staff in charge

    must not alter any fixed installations, alter or remove health and safety notices orequipment, or otherwise take any action which may create any hazard forpersons or employees using the premises

    must comply with all fire, safety and security procedures as laid down in theStudent Residential Agreement and in the emergency evacuation procedures

    must ensure that any electrical equipment brought into the halls of residences arefit for purpose, carry a CE Kitemark* and are free from defect. If any student isunsure about the above or the safety of their electrical appliance they mustcontact the FM Helpdesk to make arrangements for their own portable electricalequipment to be tested.

    * A CE Kitemark is a mark on electrical appliances that demonstrates they have been designed tomeet minimum safety requirements within European legislative guidelines.

    must not intentionally or recklessly, interfere with or misuse anything provided byEdge Hill in the interests of health, safety or welfare

    must use protective or specialist clothing as required and use all safetyequipment available

    must follow all instructions, written or oral, given to ensure personal safety andthe safety of others

    must maintain tools and equipment in good condition, reporting any defects toyour supervisor

    must report all accidents, whether or not injury is sustained, to your supervisor.

    B.4.3Fire

    B.4.3.1 All students should make themselves familiar with the procedures in theevent of fire. Fire notices are posted throughout the University. On hearing thealarm students must evacuate the premises immediately following the directionsdisplayed on the fire notices.

    B.4.3.2 Fire alarms are tested regularly and a fire evacuation exercise is carried outin Halls of Residence at the beginning of each term. Fire doors have been installedthroughout the University to help minimise the spread of smoke and flames in theevent of a fire. These doors are not to be left wedged open.

    B.4.3.3 Fire fighting equipment has been installed throughout the University.Interference with or misuse of any of this equipment constitutes a criminal offenceunder section 8 of the Health and Safety at Work etc Act 1974 and will be viewed assuch by the Director of Student Services. Any interference will incur penaltiesagainst either the individual or the appropriate community.

    B.4.4 Safety and Security on Edge Hill Premises

    B.4.4.1 Residential students are required to note that:

    they should never leave their rooms unattended without locking the door

    they should never prop doors open

    they should never let unknown visitors into the halls of residence

    they should secure and lock the outside door when leaving their residence.

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    B.4.4.2 All students are required to note that all personal belongings are broughtonto and left on Edge Hill premises entirely at their own risk. All students shouldinsure their own property and personal belongings. In certain circumstances,students may also be required to take out other types of insurances for example,health insurance whilst on overseas field trips or placements.

    B.4.4.3 Edge Hill University cannot accept any responsibility, and expressly excludes

    liability for:

    any loss or damage to a student's personal belongings and property, includingdamage to any motor vehicle or cycle whilst on University premises, unlesscaused by the negligence of the University or its employees

    death or personal injury suffered by you, unless caused by the negligence ofthe University or its employees

    B.4.4.4. Although the University will try to ensure that computer equipment andsoftware available for your use has reasonable security and anti-virus facilities and

    protections, students should be clear that you use such computer equipment andany software provided by the University at your own risk. The University shall not beliable for loss or damage suffered by you as a result of the use of any computerequipment or software provided or made available by the University, including anycontamination of software or loss of files.

    B.4.5 Alcohol, Drugs, Smoking and Health Promotion

    B.4.5.1 Guidance and advice is available to all students on a broad range of healthpromotion options and particularly on avoiding the health risks associated withsexual activity, alcohol, drugs and smoking in a series of pamphlets widely

    distributed, and stocked at the Health Centre and Counselling Service. Students areadvised to read these pamphlets, and the above service will give further help asnecessary.

    B.4.5.2 Your attention is drawn to the fact that the possession and supply of certaindrugs is a criminal offence. The University strictly upholds its legal obligation toprevent such activities taking place on its premises and in consultation with thePolice, will take the necessary steps to monitor and report any such activities to therelevant authorities.

    B.4.6 Health Clearance For Serious Communicable Diseases

    Because of their clinical involvement during their course of study, students inMedicine, Dentistry, Nursing and Professions allied to Medicine have a specialobligation in respect of serious communicable diseases including HIV, hepatitis B,hepatitis C and tuberculosis. All students in Professions Allied to Medicine will needto have standard health clearance for serious communicable diseases. Additionalhealth clearance for blood-borne viruses will be needed for any student who willperform exposure prone procedures in line with the relevant NHS Health ClearanceGuidance. Students are required to confirm that they have read and understood thestatements of their ethical responsibilities towards their patients issued by theGeneral Medical Council, the General Dental Council, the UK Nursing and MidwiferyCouncil or relevant professional bodies. Notification should be made to the relevantOccupational Health Services.

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    B.4.7 Damage to Equipment or Premises

    B.4.7.1 Any individual student or group of students found to be responsible, throughany wilful act or negligence, for any loss, misappropriation of or damage to EdgeHills or any of its associates premises, equipment or property shall be liable for thecost of restoration or repair as is necessary. The amount of such costs shall bepayable on demand to the Finance Unit.

    B.4.7.2 Any individual student found responsible for damage to equipment orpremises may also be subject to disciplinary action in accordance with the StudentCode of Behaviour and Disciplinary Procedures. (See Section D of theseRegulations.)

    B.4.8 CCTV Surveillance

    B.4.8.1 To help us improve the safety and security of Edge Hills community, ourpremises are monitored by CCTV surveillance equipment. Footage from CCTVcameras may be used in investigations and proceedings under the Student Code ofBehaviour and Disciplinary Procedures (See Section D of these Regulations.) or inany criminal proceedings. (Refer to Facilities Management Code of Practice onCCTV Surveillance.)

    B.5 Equality and Diversity

    B.5.1 Edge Hill Universitys vision is to provide an environment where everyonefeels able to participate, contribute, enjoy and influence their experience; and whereinclusive practices underpin everything we do. Respect for and celebration ofindividual diversity will shape institutional strategy, direction and behaviour.

    We aim to provide a University environment, which is welcoming; and which valuesand affirms the positive contributions of all our members. Edge Hill makes it acondition of service and admission that employees and students adhere to ourEquality and Diversity Policy, and to our Single Equality Scheme, incorporating ourDisability Equality, our Gender Equality and our Race Equality Schemes and thatany breach of it is dealt with under the Staff or Student Disciplinary Procedures, asappropriate. (Full copies of Edge Hills Equality & Diversity Policy and our SingleEquality Scheme (incorporating our Disability Equality, our Gender Equality and ourRace Equality Schemes) are available on the Edge Hill Websitewww.edgehill.ac.uk/Sites/StuServices/Policies_Procedures).

    B.5.2 Edge Hills Anti-Harassment and Bullying Policy derives from our Equality and

    Diversity Policy. The Anti-Harassment and Bullying Complaints Code of Conductestablishes the options and procedures for students who may experienceharassment, bullying and discrimination. (Refer to the Edge Hill Website atwww.edgehill.ac.uk/Sites/StuServices/Policies_Procedures).

    B.6 Local Rules and Conditions

    B.6.1 Students must comply with all other Rules and Regulations of the University,as amended from time to time. Such Rules and Regulations are supported bysanctions including fines or exclusion from facilities and services.

    B.6.2 In addition to the Academic Regulations and the Academic and ProfessionalReview Procedures, these Rules and Regulations include:

    (i) The Faculty of Educations Code of Professional Conduct for Initial TeacherTraining Trainees

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    http://www.edgehill.ac.uk/Sites/StuServices/Policies_Procedureshttp://www.edgehill.ac.uk/Sites/StuServices/Policies_Procedureshttp://www.edgehill.ac.uk/Sites/StuServices/Policies_Procedureshttp://www.edgehill.ac.uk/Sites/StuServices/Policies_Procedures
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    (ii) The Faculty of Healths Code of Professional Conduct(iii) The Faculty of Educations Fitness for Practice Regulations(iv) The Faculty of Healths Fitness for Practice Regulations(v) The Faculty of Arts & Sciences Fitness for Practice Regulations(vi) Research Ethics Policy(vii) Data Protection Policy and Procedures(viii) Provisions and Policies Relating to Confidential Information(ix) Complaints Procedures

    (x) Rules on Car Parking on University Premises(xi) Halls of Residence Licence Agreement(xii) Regulations Governing the Use of the Learning Resources Centres(xiii) Student ICT Acceptable Use Policy encompassing JANET Acceptable Use

    Policy governing internet and email systems(xiv) Staff and Student Equipment Loan Procedure and Conditions(xv) TV Studio Safety(xvi) Control of Substances Hazardous to Health (COSHH) Regulations(xvii) Code of Practice for Working in Microbiology(xviii) Code of Practice for Safe Working in Science(xix) Codes of Practice for Use of Small Boats and Inflatables; Tree Climbing and

    the Use of Ladders and Scaffolding; Procedures for the Event of Accidents inthe Field; Working with Animals; Mountains and Uplands; The Sea Shore;Agricultural Land; Terrestrial Habitats; Freshwater; Pathogenic Organisms

    (xx) Use of the Gymnasium(xxi) The Conditions of Hire for Sporting Edge(xxii) The Guidance Notes for Swimming Pool Hire(xxiii) The Terms and Conditions For Membership of Sporting Edge(xxiv) The Regulations for Membership of Edge Hill University Club(xxv) The Regulations for Health & Safety and for the Conduct of Students &

    Disciplinary Procedures for Partner Institutions (For students studying on

    another institutions campus only). (See Section A4 of these Regulations)(xxvi) The Regulations for International Students

    B.6.3 Serious or repeat breaches of local rules and conditions may involve recourseto the Student Code of Behaviour and Disciplinary Procedures. (See Section D ofthese Regulations.)

    C Emergency Powers:Suspension, Exclusion and Expulsion Of Students

    C.1 Definition of Suspension, Exclusion and Expulsion

    C.1.1 Edge Hill has the right to suspend, exclude or expel any student whocontravenes its Regulations.

    C.1.2 Suspension involves the total prohibition on attendance at or access to theUniversitys premises and activities, including practice placements and partnerinstitutions. Only the Vice-Chancellor or designated alternate Senior Manager hasthe power to suspend students. The decision to suspend will be confirmed in writingto the student, specifying the exact details and reasons for the suspension.

    C.1.3 Suspension is not a Sanction and is used in order that evidence germane to an

    instance of serious concern or serious alleged breach of the Regulations is notprejudiced, on either side, or where the Edge Hill community or students involved inthe alleged incident could be at risk, pending further investigations.

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    C.1.4 Exclusion involves selective restriction on attendance at or access to EdgeHill premises, activities and associated practice placements.

    This may include :

    i) The prohibition of a student from attendance at a specified event(s) for aspecified time, and/or,

    ii) The prohibition of a student from a specified activity(ies) for a specified time.

    iii) The prohibition of a student from a specified premises for a specified time.iv) The prohibition of a student from attendance for the purposes of study.v) The selective prohibition on exercising the functions or duties of any office or

    committee membership in Edge Hill, the exact details to be specified in writing.

    Only the Vice-Chancellor or designated alternate Senior Manager has the power toexclude students. The decision to exclude will be confirmed in writing to the student,specifying the exact details and reasons for the exclusion.

    C.1.5 The power to exclude or suspend under this provision is only used to protectmembers of Edge Hill community in general, including members of associatedpractice placement communities and / or a particular member or members, and toallow any external investigation or criminal proceedings to be conducted prior toaction being taken within the University. This power shall be used only where theVice-Chancellor or his/her designated alternate is of the opinion that it is urgent andnecessary to take such action. Written reasons for the decision shall be recordedand made available to the student. Upon taking this action the Vice-Chancellor willimmediately notify the Chair of the Board of Governors and the Secretary to theDisciplinary Appeals Committee of the decision.

    C.1.6 Suspension will only be used where exclusion from specified activities or

    facilities is deemed to be inadequate or subsequently invoked where there is afurther breach of the Student Code of Behaviour or where there is a breach of theexclusion notice.

    C.1.7 An order of exclusion or suspension may include a requirement that thestudent should not have contact of any kind with a named person or persons.

    C.1.8 A decision to exclude or suspend shall be subject to regular review by theVice-Chancellor or his/her designated alternate Senior Manager. This shall takeplace every thirty days or sooner in the light of any developments or writtenrepresentations made by the student or anyone else on his/her behalf.

    C.1.9 Any act in breach of suspension or exclusion shall constitute a disciplinaryoffence or a further disciplinary offence.

    C.1.10. Expulsion involves the total disbarring / eviction of the student from theUniversity, its premises and activities, including those of all practice placements andpartner Institutions.

    C.2 Suspension or Exclusion Pending a Disciplinary Hearing

    C.2.1 A student may be suspended or excluded pending the outcome of a

    disciplinary investigation and / or hearing or a criminal investigation and / or a trial orthe conclusion of legal proceedings. (See Section D of these Regulations.)

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    C.2.2.1 A student may be excluded following the outcome of a disciplinary hearing inaccordance with the Student Code of Behaviour and Disciplinary Procedures. (SeeSection D of these Regulations.) If the student is in Edge Hill Halls of Residenceaccommodation, then the student may be given notice to quit and his / her Halls ofResidence licence agreement may be terminated. In this eventuality the Universityreserves the right to seek full financial recompense for any monies owed or due forthe full duration of the licence agreement.

    C.2.2.2 A student who has been partially excluded from specified events, premisesor activities for a specified time may be readmitted to the specified events, premisesor activities on satisfactory completion of the period of exclusion or on satisfactorycompletion of the requirements for return.

    C.3 Suspension or Exclusion For Non Disciplinary Reasons

    C.3.1 A student may be suspended or excluded from Edge Hill University by theVice-Chancellor (or his / her nominee) without invoking the Student Code ofBehaviour and Disciplinary Procedures.

    C.3.2 Faculties and any other bodies recognised by Academic Board for the deliveryof programmes are responsible for confirming that students meet the requirements ofthat programme of study. The University recognises that its academic awards mayresult in a professionally recognised qualification and that academic success alonemay not meet all of the professional requirements, which might include for example,physical health, mental health, ethical, moral or behavioural matters. In confirmingappropriate academic qualifications or admission to a professional body and / orstatutory registration, Edge Hill must be satisfied that the student will be a safe andsuitable entrant to the given profession. To ensure that they are also complying with

    the requirements of the professional body relevant to their course of study, studentsmust satisfy Edge Hill at all times that in respect of their health and conduct they donot constitute a risk to patients or professional clients and that they are fit to practiseas stipulated by such guidelines as are issued by Edge Hill and the relevantprofessional body from time to time. (Refer to Edge Hill Universitys Fitness forPractice Regulations.)

    C.3.3 A student may be suspended or excluded from Edge Hill by the Vice-Chancellor (or his / her nominee) without invoking the Student Code of Behaviourand Disciplinary Procedures:

    (i) for an unsatisfactory standard of work or other academic reason (Refer tosection I in Academic Regulations)

    (ii) for a failure to meet the standards relating to safe professional practice. (Referto Appendix 20 in Academic Regulations and Edge Hills Fitness for PracticeRegulations)

    (iii) when serious concerns are raised about a students fitness to practise or aboutthe level of risk of harm to self or others. While Edge Hill will deal with suchsituations sympathetically, and on an individual basis, they may require referralto Occupational Health and ultimately referral to the Academic & ProfessionalReview Boards and / or the Fitness For Practice Panels of the respectiveFaculties. (Refer to Edge Hills Fitness for Practice Regulations)

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    serious stress, anxiety, depression, psychiatric illness, being a carrier of aserious communicable disease, drug abuse, alcohol abuse, physical illness,falsification of patient or other professional records, inappropriate conduct oroffences against the vulnerable, including exploitation of the vulnerability of apatient or professional client to establish a sexual relationship and criminalconduct.

    Although normally bound by duties of confidentiality, Edge Hill notes the GeneralMedical Councils guidance on confidentiality which states:

    disclosures may be necessary in the public interest, where failure to discloseinformation may expose the patient, children, or others, to risk of death or seriousharm. In such circumstances, information should be disclosed to an appropriateperson or authority.

    In accordance with this guidance, there may exceptionally, be occasions whendisclosure of confidential information is considered necessary in the public interestand this may lead to such disclosure being made to Edge Hill or another appropriateperson or authority.

    Wherever possible, the consent of the student will be sought before any suchdisclosure is made. If consent is withheld but the circumstances require disclosurein order to comply with the General Medical Council guidance, the student will beinformed of the action that is being taken as soon as practicable and of the reasonsfor it.

    Although counsellors and other non-medical advisers are not bound by thisguidance, the General Medical Council recommends that they should follow itwhen

    consulted by students. Edge Hill supports this position.

    Students are required to note that whilst confidential discussions with counsellors ortutors at Edge Hill will normally remain confidential, if Edge Hill have real concernsabout a students fitness to practise, information may be released to an appropriateperson in the public interest where a failure to disclose that information may exposesomeone to the risk of death or serious harm.

    iv) for failure to comply with a reasonable request by the Vice-Chancellor or his / hernominee (or an appropriately qualified medical practitioner approved by theUniversity) to undergo a valid medical or psychiatric assessment and / or to

    consent to the results of that assessment being produced. The Vice-Chancelloror his / her nominee or an appropriately qualified medical practitioner approvedby the University will determine whether or not the assessment is satisfactory, forthe purposes of satisfying Edge Hill that the student is fit to practise.

    (v) for failing to comply with prevailing policies in relation to fees / payments to EdgeHill and / or partner institutions.

    (vi) for any other material failure to comply with Edge Hills Regulations which arenot a breach of the Student Code of Behaviour and Disciplinary Procedures.

    (vii) pending the outcome of any external criminal investigations.

    C.3.4 To suspend or exclude a student from Edge Hill for non disciplinary reasons,

    including those listed above, the Vice-Chancellor or his / her nominee shall:

    make the student fully aware of the nature of reasons for suspension or exclusion

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    give the student the opportunity to make representations in person to the Vice-Chancellor or his / her nominee

    record the reasons for the suspension or exclusion in writing and make themavailable to the student

    make a record of the evidence considered, the findings reached, the action it hasbeen decided to take in the light of these findings and the reasons for taking thataction. A copy of this record should be made available to the student.

    C.3.5 If necessary in cases of great urgency, the Vice-Chancellor or his / hernominee shall be empowered to suspend a student with immediate effect withoutbeing given the opportunities outlined in C.3.4 above, provided that within fiveworking days the opportunities outlined in C.3.4 above are given and the matter isformally reviewed.

    C.3.6 Suspension will only be used where, in the opinion of the Vice-Chancellor orhis / her nominee, the exclusion from specified activities or facilities would beinadequate, or subsequently invoked where there is a further breach of the exclusionnotice.

    C.3.7 An order of suspension or exclusion may include a requirement that thestudent should not have contact of any kind with a named person or persons.

    C.3.8 A decision to suspend or exclude a student for non disciplinary reasons shallbe subject to regular review by the Vice-Chancellor or his / her nominee. This shalltake place every 30 days and take into account any developments or writtenrepresentations made by the student.

    C.3.9 A student who has been suspended or excluded for non disciplinary reasonsmay be readmitted to Edge Hill following the decision of the Vice-Chancellor or his /

    her nominee that the student now complies with the Regulations in force.

    C.3.10 Appeals against the decision to suspend or exclude for non disciplinaryreasons

    If a student wishes to challenge a decision to suspend or exclude a student for nondisciplinary reasons, they may do so by appeal to the Pro Vice-Chancellor forStudents & External Relations.

    All appeals must be made in writing, stating clearly the grounds for appeal, to the ProVice-Chancellor for Students & External Relations within twenty eight days of being

    informed of the decision.

    The appeal process will deal with any allegations made by the student of proceduralunfairness, consider new evidence and deal with any representations made by thestudent about the appropriateness of the suspension or exclusion imposed.

    The following are the only grounds for appeal:-

    The emergence of significant additional evidence not presented at previousproceedings, of sufficient significance that it calls into question the fairness of thedecision.

    The emergence of significant additional evidence that there has been mal-administration in the conduct of previous proceedings related to the specific decisionto suspend or exclude.

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    If there is reasonable cause to consider that the decision to suspend or exclude wasunreasonable in all circumstances.

    The Pro Vice-Chancellor for Students & External Relations or his/her designatedalternate will review the evidence and the reason for the appeal and determine oneof the following outcomes:

    that the decision to suspend or exclude be annulled

    that the decision to suspend or exclude be delayed whilst further information orreports are obtained

    that the original decision be confirmed.

    C.4 Support for Returning Students

    C.4.1 A student who has returned to Edge Hill University or any of its practiceplacement or partner institutions after suspension or exclusion shall be offeredappropriate support to remedy the effects of absence. The student will be reminded

    of the availability of all information, support and advice services.

    C.5 Expulsion

    C.5.1 A student may be expelled following the outcome of a disciplinary hearing inaccordance with the Student Code of Behaviour and Disciplinary Procedures. (SeeSection D of these Regulations.) If the student is in Edge Hill Halls of Residence,then the student will be given notice to quit and his / her Halls of Residence licenceagreement will be terminated.

    C.5.2 Students expelled following the outcome of a disciplinary hearing will not

    normally be readmitted to Edge Hill University, except by special dispensation. Inthese exceptional cases, students should apply in writing to the Academic Registrarin the first instance.

    C.5.3 A student may be expelled following an assessment of the professionalsuitability of the student for failure to meet the standards relating to safe professionalpractice in accordance with Academic and Professional Review Procedures and theFitness For Practice Regulations. (Refer to Appendix 20 of the AcademicRegulations)

    C.5.4 Students expelled following the outcome of an assessment of the professional

    suitability of the student for failure to meet the standards relating to safe professionalpractice in accordance with Academic and Professional Review Procedures and theFitness For Practice Regulations will not normally be readmitted to Edge Hill, exceptby special dispensation. In these exceptional cases, students should apply in writingto the Academic Registrar in the first instance. Re-admittance would be at thediscretion of the Academic Registrar.

    D Student Code of Behaviour and Disciplinary Procedures

    D.1 Introduction

    D.1.1 Edge Hill (the University) exists primarily to provide higher education, tosupport continuing professional development, to carry out research and to providethe facilities and resources to support these activities. The University aims toprovide an atmosphere, which is conducive to academic achievement and the social

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    well being of its whole community and those who come into contact with theUniversity and its student population.

    D.1.2 This Code of Behaviour and Disciplinary Procedure are derived from theUniversitys responsibility to maintain student discipline so that all staff and studentscan go about their intended activities. This Code of Behaviour and DisciplinaryProcedure are designed to assist the University in fulfilling its duty of care andresponsibility to members of its community, and to defend its good name and

    reputation.

    D.1.3 The purpose of the Student Code of Behaviour is to ensure that all studentsare fully aware that they are expected to:

    conduct themselves with due regard to their legal responsibilities as adults, andto the good name and reputation of the University.

    conduct themselves with good sense and with due consideration for othermembers of the University and the wider community.

    D.1.4 The purpose of the Disciplinary Procedure for Students is to provide a clearframework for dealing with student behaviour that falls below expected standards.The framework is intended to enable the University to obtain all the relevant factsabout alleged breaches of the Student Code of Behaviour and to reach a fairdecision based on the evidence available.

    D.1.5 The Code of Behaviour and Disciplinary Procedure do not attempt to imitateor replace the criminal law or the criminal justice system. Edge Hill thereforereserves the right to refer and to report any matter whatsoever to the Police, whereappropriate.

    D.1.6 Edge Hill abides by the principles of natural justice and in the context of thisCode, the following applies:

    Students will: -

    be made fully aware of the nature of any allegations made against them

    be given an opportunity to reply to any allegations and to be represented indisciplinary panels

    be given a fair and unbiased hearing at which all relevant circumstances can betaken into account

    have the right to appeal against any disciplinary decision in line with proceduresoutlined in this code. (Refer to Section D13 of these Regulations)

    be offered support and guidance throughout the process.

    D.1.7 Thus the Student Code of Behaviour and Disciplinary Procedures areintended to provide a clear framework for dealing with student behaviour whichresults in adverse effects upon the well being of the community, its members and thewider public.

    D.2. The Student Code of Behaviour

    D.2.1 Scope and Application

    D.2.1.1 This Code applies to all students registered at the University, whatever modeof delivery and location, and to all sabbatical officers of Edge Hill Students Unionwhen they may reasonably be regarded as being under the auspices of the

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    University or in a public place within the vicinity of the University. This shall includebehaviour arising at any time when the student may be regarded as representingEdge Hill as an individual or as part of a group or team, and when the student is atsome location away from Edge Hill following an arrangement made through theUniversity or the Students Union.

    D.2.1.2 This Code is applicable to allegations of misconduct by one student againstanother or by a member of staff or University representative (including mentors and

    placement staff) against a student.

    D.2.1.3 Anonymous allegations or allegations from parents, relatives or friends onbehalf of a student who chooses not to make an allegation his/her self cannot bepursued under this Code.

    D.2.1.4 Complaints by students against staff of the University should be pursuedunder the Complaints Procedures.

    D.2.2 Rules of Behaviour

    D.2.2.1 The University has an expectation that students will conduct themselves atall times in an orderly manner, respecting the rights, privacy and property of othersand the University. To this end, the University also has an expectation that studentswill report any instances of observed misconduct on the part of others. Studentsmust familiarise themselves with all Edge Hill regulations and policies which have abearing on their conduct as students of the University.

    In registering as a student, students agree to abide by all of the University's rulesand regulations.

    These include:

    a) The Student Code of Behaviour and Disciplinary Proceduresb) All codes relating to Faculties, Subjects or Service areas of the Universityc) The Equality and Diversity Policy, the Single Equality Scheme, incorporating the

    Disability Equality Scheme, the Gender Equality Scheme and the Race EqualityScheme, including all statutory requirements (e.g. the Disability DiscriminationAction, the Race Relations Act and the Race Relations Amendment Act)

    d) The terms of all contractual arrangements entered into with the Universitye) All academic and professional regulations governing the operation and

    assessment of your course.

    f) All codes of behaviour relevant to professional bodies associated with yourcourse

    g) All codes of behaviour relevant to the Students Union.

    D.2.2.2 The essence of misconduct under the Code of Behaviour is improperinterference, in its broadest sense, with the proper functioning of the University, orthose who work or study in the University, or action, which damages the University orits reputation, including any individual action which breaches the Student Code ofBehaviour. The Code applies to all students at the University and covers behaviouron and off its campuses, including associated practice placements and field trips.Edge Hills jurisdiction under this code is not limited to its own premises. The code

    includes misconduct occurring in any place to which a student is given access byvirtue of his/her status as a student.

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    and regulations introduced from time to time by the Governing Body or otherauthorised body or authority.

    D.2.2.4 A student must not engage in behaviour which interferes with or whichprevents, obstructs, disrupts or otherwise has an adverse effect upon:

    i teaching, learning, study, research, sporting, social and/or any legitimate activityon or off campus;

    ii the administration of the University;iii staff carrying out their duties;iv the holding, or the orderly conduct of, any lawful meeting or group subject to the

    Code of Practice on Freedom of Speech, drawn up in accordance with Section43 of the Education Act (No 2) 1986;

    v the residential or recreational life of staff, students and/or visitors on any of thecampus sites or the residential life of the community in areas adjacent to thesesites and where students reside;

    vi the pursuit of the expected standard of professional or vocational bodiesawarding qualifications to students relating to the care, welfare and education ofthe public.

    D.2.2.5 A student must not engage in conduct, which obstructs or attempts toobstruct the free movement of staff, students or visitors from any building orpremises of the University, or engage in conduct, which might prejudice the freedomof speech of any individual.

    D.2.2.6 A student must not engage in conduct which constitutes a breach of theUniversitys Smoke Free Policy, which states that smoking is prohibited within allEdge Hill buildings, including the University Club, the Street, the Halls of Residenceand all University and Students Union vehicles.

    D.2.2.7 A student must not:

    (i) assault any person or engage in behaviour, which may involve an offence to anyperson.

    (ii) harass or discriminate against any person or engage in behaviour, which mayinvolve an offence or cause offence to any person.

    (iii) engage in any form of offensive, threatening and/or abusive behaviour, includingany form of behaviour which is likely to cause fear, distress or offence to others.

    (iv) engage in any form of behaviour which amounts to harassment or intimidationand/or discrimination of any member or visitor of Edge Hill University.

    (v) engage in any form of behaviour which amounts to harassment or intimidationand/or discrimination towards people on the grounds of:

    a) ageb) disabilityc) raced) marriage or civil partnershipe) pregnancy or maternityf) religion or belief (including lack of belief)g) sexh) gender reassignment

    i) sexual orientation

    (Sexual harassment includes harassment of transsexual people, including the outingof a transsexual person.)

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    D.2.2.8 A student must not bring any illegal substance or illegal instrument /weapon onto campus.

    D.2.2.9 A student must not engage in any behaviour on or off Edge Hill premises,which might bring the University or any member of the University into disrepute.

    D.2.2.10 A student must not distribute or produce offensive literature, or engage inbehaviour, which might constitute a breach of the University's Equality and Diversity

    Policy, Disability Equality Policy, Gender Equality Policy and Race Equality Policy.

    D.2.2.11 A student must not deliberately misuse, damage, deface or misappropriateproperty belonging to or under the control of the University, or any of its placementproviders, or the property of any student, member of staff or visitor.

    D.2.2.12 A student must not cause any noise nuisance or engage in any form of anti-social behaviour, which affects students, staff or the local community.

    D.2.2.13 A student must comply with all requirements as to safety and must notengage in any behaviour, which might cause injury to or impair the safety of anyperson through any act or omission, including misuse of fire alarms and fireextinguishers.

    D.2.2.14 A student must produce appropriate identification on request from anymember of staff of the University, including placement providers staff.

    D.2.2.15 A student must abide by the rules, policies, procedures and requirements ofassociated practice placements.

    D.2.2.16 A student must comply with any reasonable request or instructions from

    any member of staff of the University.

    D.2.2.17 A student must leave any premises of the University or the Students Unionor the University Club when reasonably required to do so.

    D.2.2.18 A student must not invade or abuse or attempt to abuse the security,integrity or privacy of any files, confidential material or information, whether in eyereadable or machine readable form.

    D.2.2.19 A student must abide by the University's acceptable use policy, whichgoverns use of the network and all electronic media, including the sending of

    irresponsible e-mails; irresponsible use of Blackboard; using electronic media tomake defamatory or offensive remarks about staff or students and/or accessingpornographic or other offensive material from the internet.

    D.2.2.20 A student must not intentionally or recklessly use the name of the Universityor any of its members in oral, written or electronic form (including social networkingsites, fora and blogs) in such a way that either by content or expression it brings thegood name of the University into disrepute.

    D.2.2.21 A student must not leave any child or other person for whom the student isresponsible, unaccompanied on the University's premises at any site.

    D.2.2.22 A student must comply with the terms of any contractual agreement enteredinto with the University, including the Residential Licence Agreement for Halls ofResidence.

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    D.2.2.23 A student must pay all fees and other money owing to the University inaccordance with Edge Hill financial regulations.

    D.2.2.24 A student must not misappropriate any funds or assets of the University,the Students Union or of any member of the University.

    D.2.2.25 A student must not communicate information confidential to the Universityor to its members to anyone outside Edge Hill.

    D.2.2.26 A student must not engage in conduct, which constitutes a criminal offence.

    D.2.2.27 A student must observe the terms of any disciplinary action sanctionedunder the Student Disciplinary Procedures.

    D.2.2.28 A student must not breach any of the publicised regulations of theUniversity.

    D.2.3 Definition of Misconduct

    Any breach of the above rules of behaviour, which are not exhaustive, will beconstrued as misconduct

    D.2.4 Definition of Gross Misconduct

    D.2.4.1 Any breach of behaviour which has the potential to be regarded as abreach of criminal law (e.g. theft, serious damage to property, fighting, assault,threatening behaviour, harassment, bullying, supplying drugs, sexual assault,fraudulent or dishonest acts in relation to the University or its staff or associatedpractice placements).

    D.2.4.2 Any breach of behaviour relating to the pursuit of the expected standard ofprofessional or vocational bodies awarding qualifications to students relating to thecare, welfare and education of the public.

    D.2.4.3 Any repeated or multiple acts of misconduct which have been proven.

    D.2.4.4 Students on professional courses (e.g. Courses allied to Medicine andTeaching) should note that information relating to any breach of the Student Code ofBehaviour which also constitutes a breach of professional standards may bereported to the relevant professional body under the requirements to ensure fitness

    to practise.

    D.2.5 Misconduct that is also a Criminal Offence.

    D.2.5.1 Misconduct will usually be dealt with under the University's StudentDisciplinary Procedures. Student behaviour, which is in breach of the law and couldconstitute a serious criminal act, would normally be reported to the police and dealtwith under their procedures. The University cannot act as the police.

    D.2.5.2 Edge Hill shall maintain a constructive relationship with the police, shall co-operate fully in any enquiry, and as appropriate, seek advice from the police as to

    the seriousness or otherwise of any behaviour which is also in breach of the law.

    D.2.5.3 Students who are victims of criminal behaviour are positively encouraged toreport incidents to the police for them to investigate. Some examples of behaviourrequiring police investigation include: drug dealing, assault, rape and theft.Draft Student Regulations 2009-10G / SS Admin / Student Regulations

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    However, this does not preclude the University from using its own DisciplinaryProcedures in appropriate circumstances.

    D.2.5.4 In cases where the alleged offence under criminal law is considered to benot serious, taking into account all the relevant circumstances, the Universityreserves the right to take action under this Code and Disciplinary Procedures, butsuch action may be deferred, pending any police investigation or prosecution.

    D.2.5.5 In the case ofall other offences under the criminal law, no action, otherthan suspension or exclusion may be taken under this Code and DisciplinaryProcedures unless the matter has been reported to the police and either prosecutedor a decision not to prosecute has been taken, at which time the University willdecide whether disciplinary action under this Code should continue to be taken.

    D.2.5.6 Where a finding of misconduct or gross misconduct is made and thestudent has also been sentenced by a criminal court in respect of the same facts, thecourts penalty shall be taken into consideration in determining any sanction appliedunder this Code.

    D.2.5.7 Students are required to note that Edge Hill University operates to anInformation Exchange Procedure between the Chief Constable of LancashireConstabulary (The Police) and Edge Hill University for the reduction of anti-socialbehaviour and criminality by any student of Edge Hill in relation to the disclosure ofinformation by the Police to Edge Hill. The aim of this scheme is to reduce thenumber of alleged incidents of anti-social behaviour and criminality by students ofEdge Hill through the lawful passage of information from the Police to Edge HillUniversity.

    D.2.5.8 Students are required to note that there will be certain investigations and

    offences, where the University will have a statutory duty to notify the newIndependent Safeguarding Authority (ISA)4 of any relevant recorded disciplinaryinvestigations / procedures.

    D.3. Emergency Powers: Exclusion and Suspension

    On receipt of a preliminary report to a designated officer in Student Servicesconcerning an allegation of gross misconduct, a decision will be taken whether or notthe University will exercise its rights to exclude or suspend any students pending theinvestigation of serious alleged misconduct. (Refer to Sections C1, C2 and C5 ofthese Regulations.)

    D.3.1 Exclusion involves selective restriction on attendance at or access toEdge Hill premises, activities and associated practice placements.

    This may include:vi) The prohibition of a student from attendance at a specified event(s) for a

    specified time, and/or,vii) The prohibition of a student from a specified activity(ies) for a specified time.viii) The prohibition of a student from a specified premises for a specified time.ix) The prohibition of a student from attendance for the purposes of study.

    The selective prohibition on exercising the functions or duties of any office or

    committee membership in Edge Hill, the exact details to be specified in writing.

    4 The Independent Safeguarding Authority is the single agency responsible for vetting all individualswho want to work or volunteer with vulnerable people. All those who want to work with vulnerablepeople need to be vetted and registered with the ISA.Draft Student Regulations 2009-10G / SS Admin / Student Regulations

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    Only the Vice-Chancellor or designated alternate Senior Manager has the power toexclude students.

    D.3.2 Suspension involves:

    The total prohibition on attendance at or access to the University's premises,activities and associated practice placements, pending the investigation of seriousalleged misconduct of the regulations.

    Only the Vice-Chancellor or his/her designated alternate Senior Manager has thepower to suspend students.Suspension is not a Sanction and is used in order that evidence germane toan instance of serious alleged misconduct is not prejudiced, on either side, orwhere the Edge Hill community or the associated practice placementcommunity or students involved in the disciplinary incident could be at riskpending further investigations.

    D.3.3 The power to exclude or suspend under this provision is only used to protectmembers of Edge Hill community in general, including members of associatedpractice placement communities and / or a particular member or members, and toallow any external investigation or criminal proceedings to be conducted prior toaction being taken within the University. This power shall be used only where theVice-Chancellor or his/her designated alternate is of the opinion that it is urgent andnecessary to take such action. Written reasons for the decision shall be recordedand made available to the student. Upon taking this action the Vice-Chancellor willimmediately notify the Chair of the Board of Governors and the Secretary to theDisciplinary Appeals Committee of the decision.

    D.3.4 Suspension will only be used where exclusion from specified activities orfacilities is deemed to be inadequate or subsequently invoked where there is a

    further breach of the Student Code of Behaviour or where there is a breach of theexclusion notice.

    D.3.5 An order of exclusion or suspension may include a requirement that thestudent should not have contact of any kind with a named person or persons.

    D.3.6 A decision to exclude or suspend shall be subject to regular review by theVice-Chancellor or his/her designated alternate Senior Manager. This shall takeplace every 30 days or sooner in the light of any developments or writtenrepresentations made by the student or anyone else on his/her behalf.

    D.4. Disciplinary Procedures for Students

    D.4.1 Introduction

    D.4.1.1 These procedures provide an impartial process for dealing with studentmisconduct. The University is committed to establishing good working relationshipsbetween students, staff, the Students Union and the wider community and the needfor disciplinary action will hopefully be rare. The University is committed to givingsupport, advice and guidance to students to improve their conduct and behaviourand this may form part of any disciplinary action. In appropriate circumstances,professional internal and external advice will be sought as necessary.

    D.4.1.2 These procedures apply to any breach of the Student Code of Behaviour,the Codes of individual Faculties, Subjects or Service areas, to any Codes ofBehaviour relevant to professional bodies associated with a course, to anyregulations governing use of the University's facilities, to the conduct of studentsDraft Student Regulations 2009-10G / SS Admin / Student Regulations

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    engaged in the University's activities such as field trips or placements or such otheroccasions when the student represents the University externally, to all regulations inforce including alterations and amendments made from time to time to these Codesand Regulations (hereafter collectively known as the University's Regulations).

    D.4.1.3 These procedures do not apply to decisions to exclude students foracademic reasons. Separate academic and professional procedures coverexpulsion or exclusion resulting from academic failure, malpractice or failure to meet

    the professional requirements of the course. (Refer to Section I and Appendix 18 ofthe Academic Regulations).

    D.4.1.4 Any alleged misconduct by a student should be reported in writing to therelevant Dean of Faculty, Director of Service Area, the Director of Student Servicesor the Head of Accommodation Services or a designated alternate. Any studentalleged to have breached the Student Code of Behaviour will be informed of thenature of the allegation made against them formally in writing by the relevant Dean ofFaculty, Director of Service Area, the Director of Student Services or the Head ofAccommodation Services.

    D.4.1.5 In all cases, information and outcomes from the disciplinary process shouldnot be disclosed to third parties, including parents, relatives or friends without thenecessary approval and authorisation, except as required by the law. This isnecessary to ensure the University meets the requirements of the Data ProtectionAct. (See also Section D 19)

    D.4.2. Informal Cautions

    All staff are expected to take responsibility for student discipline. Most cases ofalleged misconduct will be settled informally.

    It is anticipated that a caution may be used for minor incidents in breach of theUniversity's Codes of Behaviour and Regulations. Records of cautions administeredwill be kept by the members of staff concerned. If it is necessary to caution astudent on more than one occasion for the same type of incident, then a member ofstaff may instigate formal procedures.

    D.4.3. Participation by the Student Under Investigation

    D.4.3.1 The disciplinary proceedings of the University will not be invalidated byreason of absence by the student from any meeting at any stage.

    D.4.3.2 A student who is facing an allegation of misconduct may be accompanied bya friend (as defined within these procedures), at any stage of the disciplinaryproceedings.

    D.4.3.3 Formal legal representation is not permitted at any stage within Edge HillsCode of Behaviour and Disciplinary Procedures for Students.

    D.4.3.4 Any student subject to investigation under these procedures shall beassured of the presumption of innocence unless and until found guilty of thebreaches in question.

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    D.5.1 If it is determined, at any stage, that false complaint has been initiated withvexatious or mischievous intent, Edge Hill shall pursue a formal investigationconsistent with maintenance of its integrity. In the case of a malicious complaintnotified by a member of the University such action will be undertaken within theappropriate procedure.

    D.6. Stages of the Disciplinary Procedure

    There are three stages of enquiry in the Disciplinary Procedure.

    i) Preliminary Investigationii) Stage 1 Formal Interviewiii) Stage 2 Disciplinary Panel Hearing

    D.6.1 Preliminary Investigation

    D.6.1.1 The first stage is a Preliminary Investigation, conducted by the relevantDean of Faculty, Director of Service Area, the Head of Accommodation Services ortheir designated alternate. The process of enquiry will normally involve theconsideration of evidence and consultation with key individuals. This preliminaryinvestigation should normally be completed within 14 days of receipt of theallegation. On conclusion of the investigation, the relevant manager may determineone of the following outcomes:

    that there are no grounds for further investigation or;

    that the student concerned should be given an informal caution or;

    that the allegation should be dealt with formally under Stage 1 of the DisciplinaryProcedures (formal interview) or;

    that the allegation should be dealt with formally under Stage 2 of the DisciplinaryProcedures (Disciplinary Panel Hearing) and referred to the Director of StudentServices.

    D.6.1.2 Formal procedures are to be used for:-

    a) repetition of minor acts of misconductb) where informal action has failed or is considered to be inappropriatec) for serious allegations, including gross misconduct.

    D.6.2 Stage 1 Formal Interview

    D.6.2.1 If the Dean of Faculty, Director of Service Area, the Head of AccommodationServices or their designated alternate deem that the alleged breach of the Code ofBehaviour should be investigated, a formal interview will be conducted with theindividuals concerned within Stage 1 of the Disciplinary Procedure. The process ofenquiry will involve consideration of papers and consultation with key individuals aswell as the interview.

    D.6.2.2 Where the matter concerns an alleged breach of the Universitys Equalityand Diversity Policy or Harassment Policy, the Dean of Faculty, Director of ServiceArea, or the Head of Accommodation Services must consult the Director of StudentServices or designated alternate.

    D.6.2.3 The relevant manager shall inform the individuals concerned in writing of thenature of any allegations made against them and give them the opportunity to

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    produce a written reply to any allegations and to give details of any witnesses to thealleged incident.

    D.6.2.4 The relevant manager shall interview the individual(s) concerned, review allthe evidence presented and make his/her decision.

    D.6.2.5 On conclusion of the formal interview under Stage 1 the manager concernedmay determine that:

    i) the case should be dismissed as vexatious, trivial or lacking in evidence;ii) the student should be given a formal verbal warning and confirmation of the

    possible consequences of further allegations of misconduct; oriii) the student should be required to provide a written apology and a written

    undertaking that the Code of Behaviour will be properly observed for theremainder of his/her studies at the University; and/or

    iv) the student should be reprimanded formally in writing, through a formal writtenwarning; or

    v) the student should be required to make good, in whole or in part, any loss ordamage to the University premises, or to the property of any member of theUniversity, found to have been caused by the student and which formed part ofthe allegation against him/her, or to make restitution for any additional expensecaused to the University as a result of the misconduct;

    vi) the case cannot be resolved and recommend to the Director of StudentServices and the Pro Vice-Chancellor for Students & External Relations that aDisciplinary Panel Hearing be convened under Stage 2 of this procedure.

    D.6.2.6 The Manager concerned must notify the student in writing of the outcome ofthe disciplinary proceedings, normally within 7 days of the conclusion of the formalenquiry. This notice must include a statement of the facts identified through the

    evidence available, and give the reasons for the decision and for the penalty, if anyto be imposed. This notice shall be copied to the Director of Student Services.

    D.6.3 Disciplinary Sanctions Which May Be Imposed Under Stage 1 of theDisciplinary Procedure

    D.6.3.1 On conclusion of the formal interview and investigation under Stage 1, therelevant manager may determine that one or more of the following sanctions may beimposed:

    a) Yellow Cards

    A yellow card may be issued to any student in breach of the Code of Behaviourand Residential Licence Agreement relating to noise, vandalism, nuisance orother inappropriate behaviour. A yellow card currently carries a 50.00 fine.

    b) Red CardsAny subsequent breach of the Code of Behaviour and Residential LicenceAgreement may result in the issue of a red card, which currently carries a100.00 fine. Both cards function within the formal framework of the StudentCode of Behaviour & Disciplinary Procedures and can be issued either on theirown or alongside a verbal or written warning.

    NB: If the student refuses to pay the fine the student should be informed thatthis may stay as a debt to the University and may result in being referred to anexternal debt agency. This may also affect their academic standing with theUniversity.

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    c) Requirement to Produce a Formal Written ApologyThe student be required to provide a written apology for their behaviour.

    d) Requirement to Make Financial RestitutionThe student be required to make good, in whole or in part, any loss or damageto the University premises or property or to the premises or property of anymember of the University, or to make restitution for any additional costsincurred by the University or by an individual as a result of the misconduct.

    e) Requirement to Carry Out ServiceThe student be required to undertake a specified number of hours of service forthe benefit of the complainant, the University, the Students Union or the localcommunity.

    f) Formal Verbal or Written WarningsIf the Dean of Faculty, Director of Services, Head of Subject area judges aformal warning to be appropriate, then the student should be informed, inwriting of the following:

    the date, time and venue for the warning to be administered;

    a clear specification of the breach of discipline, this should specify preciselythe terms of the Student Code of Behaviour which have been breached;

    their right to be accompanied by a fellow student or Students Unionrepresentative.

    When administering the warning the member of staff should detail the following:

    a clear specification of the breach of discipline;

    the period of tenure of the warning (normally 16 weeks for a formal verbal

    warning and 52 weeks for a formal written warning, 52 weeks for a verbalwarning for Faculty of Health students for professional attendancerequirements and 104 weeks for a written warning for Faculty of Healthstudents for professional attendance requirements);

    stipulation of the remedial action required within the period of tenure, andadvice as to how this will be achieved;

    confirmation of the implications of receiving the written warning;

    the students right to appeal to the Pro Vice-Chancellor for Students &External Relations.

    The disciplinary warning form for either verbal or written warnings should thenbe completed, signed by both parties and returned to the Director of StudentServices.

    NB: If the student refuses to sign, through disputing the facts of the incidentthen it should be explained that his/her signature does not imply agreement tothe facts of the incident, merely that the warning was administered. Thestudent should be advised that the appropriate avenue for recourse is theappeal process. Where a student refuses to sign for any reasons, this factshould be noted on the form and this witnessed by an independent third party.

    The records of disciplinary procedures shall remain on the students file unlessthe case is dismissed. If the case is not dismissed and a penalty is imposed,any further misdemeanour shall normally warrant a Stage 2 Disciplinary PanelHearing.

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    The student(s) concerned may submit an appeal in writing to the Pro Vice-Chancellor for Students & External Relations, with reasons for the appeal,normally within 7 days of the notification of the decision. The Pro Vice-Chancellor for Students & External Relations or his/her designated alternatewill review the allegation, the evidence and the reason for the appeal anddetermine one of the following outcomes:

    that a lesser sanction be imposed;

    that the original decision be confirmed;

    that a Stage 2 Disciplinary Panel be convened to hear the case formally.

    In the case of any appeal against the outcome of Stage 1 Formal Interview, thedecision of the Pro Vice-Chancellor for Students & External Relations or his/herdesignated alternate shall be final.

    D.6.3.2 Notification of Serious / Gross Misconduct

    i) Deans of Faculty, Heads of Subject or Director of Service or their designated

    alternate may refer serious misconduct immediately to the Pro Vice-Chancellorfor Students & External Relations or his/her designated alternate, normally theDirector of Student Services. This would always be done in instances of grossmisconduct where warnings would be inappropriately lenient, and/or where themisconduct constitutes the commission of a criminal offence. Deans of Faculty,Heads of Subject or Director of Service or their designated alternate may alsorefer repeated instances of misconduct to the Pro Vice-Chancellor for Students& External Relations or his/her designated alternate. In all such cases theUniversity reserves the right to suspend or exclude pending the outcome of adisciplinary investigation and / or hearing or a trial or the conclusion of legalproceedings. (See Section C of these Regulations.)

    ii) The Pro Vice-Chancellor for Students & External Relations, or his/herdesignated alternate, after establishing the facts, may impose any one or moreof the disciplinary sanctions under Stage 1 of the procedures, or he/she mayevict the student from the halls