Code of Student Conduct

SU Advice is a confidential, independent and impartial service that is not part of the University.

They will provide a named advisor who will meet with you and support and guide you throughout the process, and can help you prepare for meetings with the Conduct Investigator and/or with the Conduct Committee, and attend with you if you choose. They will also provide you with advice and support following the conclusion of a case, including, where applicable, information about whether you may have grounds for appeal, and support relating to any ongoing impact of any penalty imposed. They will aim to ensure that procedures are followed and that all students involved are given a fair opportunity to present their case.

At the point at which the Conduct Investigator initiates an investigation, they will provide the name and e-mail address of the student(s) involved in the investigation to SU Advice who will make contact. No details of the case will be shared. You are strongly encouraged to respond to this initial contact and make use of this service at all stages of the process.

All students involved in procedures under this Code can obtain confidential advice and assistance from the Student Wellbeing and Inclusivity Service (SWIS).

If you are involved in an allegation that falls under the University’s Zero Tolerance Policy that may result in a breach of Regulations A2, A3, A4, A5 and A6, at the point at which the Conduct Investigator initiates an investigation, they will provide the name and e-mail address of the student(s) involved in the investigation to a member of SWIS who will make contact with you. No details of the case will be shared. You are strongly encouraged to respond to this contact and make the most of this service at all stages of the process.

Residence Life are a team of full time staff and part time student staff. Every student living in campus accommodation is allocated to a specific Residents’ Assistant (RA) who will be living on campus in University accommodation. The RAs are returning students trained to offer support, advice and signposting.

The incident report form will be passed to the Conduct Investigator for review. All allegations are considered seriously and action will always be taken where it is possible to do so.

Before the investigation begins, an assessment of risk will be undertaken through a formal risk assessment process. This enables decisions to be taken about any temporary orders that may need to be put in place to safeguard students while an investigation is underway. Precautionary measures that could be put in place include non-contact orders between those involved in a complaint or, where this is warranted by the circumstance of a complaint, the temporary exclusion from some or all parts of our campuses of students about whom complaints have been made. Such measures are not used as a penalty and are put in place to safeguard the interests of the members of our community, including those involved in the complaint.

Any party involved in a case may be subject to a temporary order while an investigation is underway. A temporary order may involve a non-contact order, for example between the reported student and complainant, or full or partial exclusion from the University. A partial exclusion may involve exclusion from a University campus at certain times of day, or exclusion from certain specified areas, such as accommodation. The precise terms of the exclusion are determined through the assessment of risk. More information on temporary orders is provided in Appendix 3 of the Code of Student Conduct (.pdf) 

The Conduct Investigator may decide to issue an informal warning; use the Early Resolution Procedure; or carry out a formal investigation. 

If the Conduct Investigator decides to carry out a formal investigation they will normally arrange a series of formal meetings to discuss the allegation with the person or persons who made the allegation and anyone else who was involved.

It is important that you attend any meetings that are arranged as part of your conduct case, including when they clash with a teaching event or other University commitment. Through avoiding delays, such as the rescheduling of meetings, the University hopes to minimise the impact of the case on the students involved. In arranging meetings, the Conduct Investigator will take into account periods of time when your availability may be limited.

If you are unable to attend, you must inform the Student Progress Team at studentconduct@essex.ac.uk immediately and agree an alternative.

If you do not agree an alternative time in advance or fail to attend meetings and/or engage with these procedures, the Conduct Investigator will proceed without you. A decision on whether to proceed will be made based on the circumstances of the case, ensuring the safety of members of the University community, and the interests of all parties involved.

During an investigation, the Conduct Investigator will keep those involved regularly informed of progress in relation to the case. The frequency and nature of the communication will depend on the circumstances of the case and your role in it.

You should contact the Student Progress Team at studentconduct@essex.ac.uk if you have any questions about the status of your case.

The complainant will be notified when the case has concluded, what information was considered, informed whether the case was substantiated and advised of any relevant penalties which have a direct impact on you. You will also be informed of your right to appeal. Due to the rules around confidentiality further information cannot be provided.

If an allegation is made against you, you will be notified of the outcome, the rationale for the decision and where applicable any potential consequences of a penalty being applied. You will have the opportunity to seek clarification from the Conduct Investigator if you are unclear about any aspect of the outcome, but this would not alter the decision. You will be informed of your right to appeal.

The University’s conduct procedures are not intended to replace criminal proceedings and if the allegation you have made may also constitute an offence under criminal law, you are expected to report the matter to the Police. Where the allegation constitutes a breach of this Code, the University will initiate procedures to consider the allegation in accordance with the Code. Where this Code is initiated alongside criminal proceedings, it will be kept under regular review and may be suspended if there is a clear reason to do so. Further details are set out in Appendix 2 of the Code.

You are required to notify the Academic Registrar immediately by e-mailing the Student Progress Team at studentconduct@essex.ac.uk if you receive a formal police caution or if you are convicted in a court of law for any relevant criminal offence irrespective of whether the allegation is also being considered under the Code of Student Conduct.

Further guidance on what constitutes a relevant criminal offence can be found in Appendix 7 of the Code.

The Code of Student Conduct (.pdf) outlines the accepted grounds for appeal and the process that will be followed once an appeal has been submitted.

Completed appeal forms should be submitted to the Student Progress Team at studentconduct@essex.ac.uk within ten working days of the date on the letter containing the outcome of the conduct proceedings.

• Appeal form (.doc)