Rules and disciplinary matters
Rules and disciplinary matters
Downing’s rules and regulations are essential to managing the life of a community in which people live and work in close proximity to one another. Our rules help ensure that members of Downing enjoy good working and living conditions, do not interfere with each others’ lives and work, and enjoy responsibly the facilities provided by the College.
Matters are handled under a number of different policies and procedures that cover all aspects of College life, including conduct, academic and tutorial matters, and in the regulations of clubs and societies. As is made clear in the various College policies, the mention of any given example does not necessarily suggest that only those specific acts mentioned in them are covered. You will also see that the various rules guarantee everyone a fair process.
College Statutes and Ordinances along with College rules can be found via the following links:
Amalgamation Club standing orders
Cases of nuisance and disorder, whether in the College or outside it, damage to College property and infringements of College rules, are the responsibility of the College Dean of Discipline.
On rare occasions, if you have broken, or are suspected of having broken, College rules, you could be subject to a disciplinary procedure. In certain circumstances, the Head Porter or another member of staff may investigate minor incidents, and you are expected to fully cooperate with them in such matters. However, in most cases it is likely that you will be referred directly to the Dean who will investigate the matter. In all cases you are expected to fully co-operate with the Dean.
Proceedings conducted by the Dean are inquisitorial, rather than adversarial in nature. This means the Dean will fully investigate the matter in a non-accusatorial way.
The Dean has the authority to issue a warning, impose fines or to agree another outcome as they deem fit. In making a decision, in no circumstances will a plea that drunkenness has reduced an individual’s judgement be entertained as a mitigating factor. In addition, any form of harassment or bullying, sexual or otherwise, is unacceptable.
If the Dean makes a decision and the person, or persons are dissatisfied with this, they may appeal to a College Disciplinary Committee. You cannot appeal the Dean’s findings on the facts of the matter – whether the events took place or not. You can appeal a penalty if you think it is excessive. An appeal needs to be addressed to the Senior Tutor within 7 working days asking for an appeal to a College Disciplinary Committee, giving the reasons why you feel the penalty is excessive.
If a College Disciplinary Committee is held to hear an appeal against a penalty imposed by the Dean, the Committee shall give an opportunity to the person, or persons on whom the penalty was imposed and the Dean to be heard. The person may be assisted by a Tutor or a Fellow who is available and willing to act. If the Committee allows the appeal, it may decide to substitute a lesser penalty for that imposed by the Dean.
A College Disciplinary Committee is formed by the College Governing Body. The Dean or Tutor of the person(s) involved cannot sit on a Disciplinary Committee. The person, or persons being referred to a Disciplinary Committee may wish to have their Tutor, or another Fellow, subject to their agreement, support them, and is able to also request up to two members of the College, normally members of the JCR or MCR to attend with them and to act impartially and judicially on their behalf.
Whilst minor disciplinary breaches will be dealt with directly in an informal and timely manner, serious breaches of discipline, i.e. those which in the Dean's opinion could not be adequately dealt with by them, will be referred to a College Disciplinary Committee, which is a longer, formal process. Only the Dean has the right to refer a person or persons to a College Disciplinary Committee. This process enables the College to respond appropriately to breaches of behaviour to protect the College and its community. This is an internal process and does not have the same degree of formality as proceedings in a court of law. However, a referral to a College Discipline Committee can be stressful for those involved and all concerned will receive information about how to access support, if required, during this process.
If a Disciplinary Committee is invoked by a referral from the Dean, the Dean would present the case before the Disciplinary Committee and the person, or persons involved. The Committee’s function is to conduct a fair adversarial hearing, with the person charged entitled to hear and see all evidence, to have witnesses attend, and to have their questions put to all witnesses. However, the Committee may adopt such procedures as they see fit to ensure that the proceedings are conducted in a way that preserves, so far as possible, the dignity of all parties consistently with ensuring a fair hearing to all.
The person, or persons, charged are not obliged to say anything, but should be advised that anything they say might be available for use in other proceedings.
The Committee shall not find a charge to have been proved unless its members, or a majority of them, are sure that the offence was committed and that the person, or persons charged, committed it.
If the Committee find a charge to have been proved, the Committee may impose a penalty which they agree is appropriate and proportionate to the seriousness of the offence and the circumstances of the person charged.
The penalty may include one or more of:
- a requirement to pay a sum of money to the College or/and to any other person.
- loss of specified privileges as a Member of the College for a specified period.
- a requirement to cease to reside in any specified College premises.
- a requirement not to enter specified College premises for a specified period or indefinitely.
If the Disciplinary Committee imposes a penalty the person, or persons charged may appeal to the Governing Body against the determination of the charge or the decision as to penalty or both if one of the following applies:
- the charge involves an allegation of dishonesty,
- the penalty consists of or includes finally removing a person from the College, or temporarily removing the person from the College or from College premises for a period exceeding 14 days, or deprivation of a person’s Scholarship or Exhibition or of any emoluments thereof permanently or for a period exceeding 14 days.
- the penalty consists of or includes a requirement that the person pay a sum exceeding £500 to the College or to any person or other body.
- the Disciplinary Committee grants permission to appeal on the ground that there are exceptional reasons making it appropriate for the matter to be considered by the Governing Body.
When the Governing Body meets to hear and determine an appeal, the Dean and a Tutor or other Fellow may attend the hearing of the appeal to present (or help to present) arguments for or against upholding the decision of the Disciplinary Committee, but may not participate as a member of the Governing Body in the deliberation on, or decision in relation to the appeal.