Learner Disciplinary and Behaviour Policy

• Consistent lack of effort or poor attendance resulting in poor standards of work without mitigating circumstances
• Consistent failure to complete work to agreed deadlines
• Plagiarism
• Consistent poor attendance without mitigating circumstances
• Consistent lateness to class
• Behaviour which is disruptive/offensive/intimidating to learning service staff and/or other learners
• Arriving or taking part in classes or learning activities under the influence of alcohol or banned substance
• Swearing or other abusive/offensive language
• Abuse, bullying or harassment

• Violence or vandalism to people or property
• Serious cases of abuse, bullying or harassment
• Theft, forgery and/or fraud
• Breach of Health & Safety e.g., tampering with fire alarms
• Irresponsible behaviour resulting from use of banned substances or alcohol
• Promotion or sale of banned substances
• Behaviour which causes significant disruption or offence to staff and/or other learners or visitors
• Significant misconduct likely to bring the Learning Service into disrepute
• Behaviour likely to cause accident or injury to self or others
• Serious damage to premises (or other external venues used by the learning service) and equipment (including IT equipment)
• Unauthorised interference with IT systems or computer configurations, for example ‘hacking’
• Inappropriate use of internet and email and social media – accessing or transmitting material which is considered by the Learning Service to be offensive, obscene, abusive, malicious to staff or other learners

In some circumstances, for example in the event of a formal complaint, it may be necessary for the service to suspend a learner from studies at short notice. The service reserves the right to do so until a satisfactory outcome can be reached. The service will support suspended learners who are due to sit exams and/or assessment to do so.

Terms of suspension are at the discretion of the Head of Service or Designated Safeguarding Lead. The outcome of a suspension may become an exclusion where the terms of appeal and return as listed below will then apply.

In the event of exclusion, there are three periods that a learner can be excluded for. This will depend on the nature of the misconduct and evidence from an investigation. The term of exclusion and rationale behind the time chosen will be set out in written communication to the learner. The time periods are as follows.

• One academic year
• Three years
• Permanent exclusion

The exclusion time period is at the discretion of the Head of Service. Any exclusions period will be recorded on Pro Solution. Any exclusion will be recorded and kept within the Safeguarding team records.

A learner has the right to appeal against a suspension or exclusion decision. The intention to appeal must be made in writing to the Head of Service within 10 working days of the decision. Any appeal will be reviewed by a member of the senior management team independent to the original decision panel. If a learner fails to attend a hearing date, the appeal will proceed in their absence.

Bullying and harassment is not necessarily face-to-face, it may occur through written communications, visual images (e.g. pictures of a sexual nature or embarrassing photographs of colleagues), email, or by telephone. The behaviour can be persistent or an isolated incident and conduct that has been considered acceptable in the past can become unwanted or unwelcome.

Bullying

Bullying is characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate, or injure the recipient.

Harassment

Harassment is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. The relevant protected characteristics are age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation.

Learners can complain about behaviour they find offensive, even if it is not directed towards them. They do not need to possess the relevant protected characteristic themselves and can complain about behaviour they find offensive because of their association with a person who has a protected characteristic, or because they are wrongly perceived to have one, or are treated as if they do. It is the impact of the behaviour on the recipient which is important and, if the recipient feels that they have been subjected to bullying or harassment, the complaint must be taken seriously and, where appropriate, investigated.

The following list provides some possible examples of bullying and harassment:

• Deliberately undermining a learner, setting unrealistic deadlines, or providing constant criticism
• Spreading malicious rumours or insulting someone by word or behaviour
• Overbearing supervision or other misuse of power or position
• Exclusion or victimisation
• Demeaning or ridiculing someone
• Using derogatory or inappropriate language
• Deliberately using incorrect pronouns (e.g. he/she/they) to humiliate someone (an example of transphobic bullying and harassment)
• Making intrusive or inappropriate comments about an individual’s personal circumstances
• Spreading rumours or gossip speculating about someone’s sexual orientation or outing them (an example of homophobic or bi-phobic bullying and harassment)
• The display or circulation of offensive materials
• Threatening behaviour
• Practical jokes (e.g. hiding a disability aid)
• Marginalising someone (i.e. treating them as if they are not important)

Sexual Harassment

Sexual harassment is a specific type of harassment concerning behaviour of a sexual nature and may be experienced alongside or in addition to harassment based on other protected characteristics as described above. Individuals could encounter sexual harassment from or by someone of any gender and the impact of the behaviour need not be intentional.

The examples of possible harassment listed above may be considered sexual harassment if they involve unwanted or unwelcome behaviour of a sexual nature. Other examples could include:

• Sexual comments, jokes, gestures, or ‘banter’
• Unwelcome sexual advances or propositions e.g. flirting, sexual compliments, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected
• Unwanted physical contact e.g. touching, hugging, or kissing
• Standing too close or brushing against someone’s body
• Displaying or sharing sexually offensive materials in any format e.g. pictures, posters, photos, or desktop backgrounds and screensavers
• Inappropriate discussions or questions about a person’s private or sex life, or their sexual orientation
• Sexual assault of any nature