The following Code of Good Practice is intended to assist students and staff in matters of academic progress.

(1) Academic Progress

(a) If a student engaged in full or part-time study (excluding those registered on a Continuation Fee basis) is absent from courses of instruction, or fails to meet his/her academic commitments(defined in accordance with General Regulation V), the staff concerned should seek to contact the student as soon as they consider appropriate. A departmental warning may avoid the necessity to issue an Academic Progress Notice under General Regulation V.

(b) If there is concern about any aspect of a student's attendance or work, the Departments and College concerned should keep each other informed of action required or taken.

(c) Careful records must be kept of all communications with students arising from concern about their academic progress. Copies of formal communications must be sent to the relevant College.

(d) A request to issue an Academic Progress Notice under General Regulation V should be made when a student's performance does not improve after a departmental warning.

(2) Monitoring Academic Progress

(a) At the start of a programme, and at the start of each new level of a programme, Departments should inform students of the extent to which examination performance, course work, subsidiary subjects and other academic requirements will be taken into account when students' results are being assessed and/or degrees are awarded.

(b) Departments should explain their system of marking and correcting course and class work, and should indicate any differences between the marking of tutorial work and of examinations.

(c) Students should be issued with guidelines on the writing of course work (eg to avoid charges of plagiarism).

(d) Departments should explain to students the requirements for demonstrating academic progress in relation to their particular programme and modules. Reference should be made to the records that are kept of a student's attendance and work.

(e) Students should be told to report special factors and circumstances affecting their academic performance to members of staff in the Department concerned.

(3) Examinations and Assessment

Every Department should inform students of the procedures that will be used by its Board of Examiners. This information should include:

(a) the contribution of each piece of assessed work to the outcome of each module, and their degree programme as a whole.

(b) the regulations that will be applied by the Board of Examiners in making decisions about progression within a programme of study; whether to make an award; and the classification of award to be made.

(4) Appeals

Refer to General Regulation VII Academic Appeals.

Introduction

The 1994 ("the Act") Education Act requires governing bodies of universities to take such steps as are reasonably practicable to secure that any students' union operates in a fair and democratic manner and is accountable for its finances. The Act requires universities to prepare and issue a Code of Practice setting out the manner in which the requirements of the Act will be effected and in relation to each of the requirements details of the arrangements made to secure its observance.

This Code has been prepared to satisfy this requirement. It has been issued on the authority of University Council which, as the University's governing body is ultimately responsible for implementing and monitoring adherence to the Code.

University Council has agreed that the College Councils in the Maintained Colleges* are responsible for implementing and monitoring, on behalf of University Council, the requirements of the Act, as set down in this Code, in respect of the Common Room(s) of their College. College Councils are required to report annually to University Council on their discharge of these responsibilities.

For the purposes of this Code, Common Rooms are defined as College Graduate, Middle or Junior Common Rooms. The Code applies to all Common Rooms which have not elected to opt into the Durham Student Organisation (DSO) Framework and recorded as so doing by the University Council as set out here.

The Common Rooms have been exempt charities, deriving their charitable status from the University. As a result of the operation of the Charities Act 2006, the Common Rooms are losing this status and are required either to opt in to the DSO Framework or to register separately with the Charity Commission as a registered charity, if their income is over £100k, or are excepted charities if their income is less than £100k.

Those Common Rooms that register as charities are subject to a number of restrictions most notably that the charity must only operate in accordance with its charitable objects and powers as stated within its constitution. These Common Rooms may be unincorporated associations with no separate legal identity or may decide to incorporate as a company limited by guarantee (CLG), or as a charitable incorporated organisation (CIO). They act through their Boards of Trustees which is ultimately responsible for the actions of the Common Room. Further information about these restrictions is available on the Charity Commission website or by application to the President of the relevant Common Room.

The obligations of the College Council and the Common Room under the Act are set out below.

Note: The University is responsible under English and European Law for taking such steps as are reasonably practicable to ensure that freedom of expression within the law is secured for members, students and employees of the University and for visiting speakers. The University's Code of Practice on freedom of expression in relation to meetings or other activities on University premises . *In the Recognised Colleges the governing body is responsible for implementing and monitoring the legislation for a Common Room of that College.

Introduction and Principles

(1) The University aims to provide a high standard and quality of service in respect of its programmes of study, services and facilities but recognises that occasionally things may go wrong. As part of its commitment to enhancing the student experience, this procedure has been established to deal with complaints from students in a fair and transparent manner. The University recognises that complaints may provide useful feedback from students and, where appropriate, will be used to improve services and facilities.

(2) These procedures explain how students may make a complaint, both informal and formal. Students who have a complaint to make should raise it as soon as possible with the member of staff concerned, as matters that are dealt with informally at an early stage have the best chance of being resolved effectively. Only when the informal procedures have been exhausted and the student remains dissatisfied should a formal complaint be made. The University provides advice and guidance to students on how to raise matters informally and formally at: https://www.dur.ac.uk/colleges.se.division/studentsupportdirect/conductteam/studentcomplaints/

It is recognised however that there may be occasions where the student may consider that an informal complaint is not appropriate and wishes to proceed to the formal stage in the procedure, giving their reasons for doing so. In such situations, the University, taking account of the complaint’s particular nature and circumstances, will consider whether an attempt to resolve the complaint informally is appropriate or allow the complaint to be investigated formally.

In respect of particularly serious complaints, the student may write directly to the Pro-Vice-Chancellor (Education) without having followed the informal or formal stages of this procedure set out below. In such cases the Pro-Vice-Chancellor (Education) shall decide whether or not to initiate his or her own investigation into the complaint, nominate another member of staff on their behalf or whether it should more appropriately be referred to an earlier stage in the procedure.

(3) Students seeking help in using this procedure should seek advice from any of the following:

(a) the appropriate College Student Support Office;

(b) appropriate academic staff (as set out in the Departmental handbook);

(c) the Academic Support Office;

(d) the Students' Union (advocacy as well as procedural support).

(4) Complaints should be brought forward by students as soon as possible after the events or actions (or lack of actions) which have prompted the complaint. The University will not consider complaints that are made more than 28 days after the events complained about unless the student provides evidence of an exceptional reason for the delay.

(5) In order to ensure that complaints are considered in an appropriate manner and time lines are adhered to, students are expected to provide a concise and clear summary of their complaint, their desired outcomes and any relevant additional information to support their complaint at the time it is submitted to the University. Only in exceptional circumstances will the University accept additional supporting information from the student once the investigation has started save for new information which was not previously available.

(6) Students should make clear, and the University will seek to identify, complaints which may require swift action or be stayed based on the particular nature of the complaint or impact upon staff and students involved. In such cases, the students and staff may be advised to seek support available within the University or external services.

(7) The University expects students (as the person best able to communicate any issues of dissatisfaction or adverse effects) to raise matters of complaint with the University and will only accept complaints raised by third parties on a student’s behalf in exceptional cases. In any meeting with University staff under this policy, students have the right to be accompanied by a current member of the University community or a Students’ Union representative.

(8) The University does not permit legal representation at meetings to investigate a complaint. The University does not consider it necessary for students to seek independent legal advice in respect of their complaint. It is entirely at their discretion and cost if they wish to do so.

(9) The University reserves the right to refuse to investigate or suspend any investigation underway where it becomes aware that legal, court or tribunal proceedings have been initiated in relation to the issues raised in the complaint.

(10) Every reasonable effort will be made to deal promptly and efficiently with all complaints, to investigate them thoroughly, objectively and independently and to seek to resolve them satisfactorily. If a complaint is upheld, the University will seek to provide an appropriate response and correct any mistakes or misunderstandings and take any other action as appropriate. If a complaint is not upheld then reasons for that decision will be given.

(11) All complaints will be dealt with in confidence. The University will however need to make enquiries to investigate the matters complained about. An individual (or individuals) against whom a complaint is made has the right to be supplied with a copy of the complaint and to comment on it. A complaint cannot be investigated if the student does not wish the substance of the allegation to be made known to the individual concerned. If an investigation is undertaken, the investigating officer may also need to speak to other relevant third parties. All individuals involved in an investigation will be reminded of the requirement to keep the matter confidential.

(12) The effectiveness of any complaints procedure depends on the University being able to collect appropriate information from the parties involved in order to investigate the matter. Information about a complaint will only be circulated to appropriate staff on a need-to-know basis. The University expects students to keep information relating to the complaint confidential except to those people directly advising or supporting them. No information is disclosed to anyone outside the University (save for material witnesses), including the student’s family and key influencers, without the express permission of the student or as required by law. Records of the processing of formal complaints will be held centrally and retained in accordance with University records keeping policies.

(13) For the reasons outlined in paragraphs 11 and 12, the University will not investigate anonymous complaints formally under this procedure. The University will respond to anonymous complaints on a case-by-case basis. Members of staff who receive anonymous complaints should consult with the Assistant Registrar (Student Complaints and Appeals) in the first instance.

(14) The University will treat complaints seriously and will deal with them without disadvantage or recrimination unless misconduct by the student is uncovered in the course of investigating the complaint.

(15) In all cases considered under this procedure, the balance of probabilities is the test that is applied in determining the outcome of the complaint.

(16) An investigation will deal with the main issues of complaint identified by the student but it is not expected that the investigator’s findings will be able to address in detail all matters raised.

(17) Where a complaint is shown to be frivolous, vexatious or motivated by malice, it will not be investigated and disciplinary action may be taken against the student in accordance with the “Code of Practice on Student Behaviour in Appeals and Complaints.”

(18) The University recognises that students raising complaints and members of staff who are the subject of a complaint may require support during an investigation. For this reason, the University has services available to provide advice, guidance and support to all parties involved in a complaint and will attempt to resolve complaints informally wherever appropriate. For more information about support available please see: https://www.dur.ac.uk/colleges.se.division/studentsupportdirect/conductteam/studentcomplaints/

(19) The time limits set out in this procedure will be followed as it is in the best interests of the student, staff and the University to investigate and conclude matters of complaint as quickly as possible. However, where, for good reason, the University is unable to keep to the normal time limits, all parties will be kept regularly informed of progress and should inform the University where they do not consider extension to timelines reasonable. All parties are expected to comply with reasonable deadlines set by the University and advise the University about any difficulties they may face during investigation. Any delays by one party may impact on other time lines within this process.

Scope of the Procedure

(20) This Procedure is designed to encompass the following:

(a) complaints from students concerning their experience related to an Academic Department, College, Finance or Professional Support Service;

(b) complaints from students concerning the adequacy of supervision, the arrangements for teaching or the arrangements for summative assessments.

(21) This procedure does not cover the following, for which separate procedures exist (and are noted):

(a) appeals relating to Board of Examiners or other relevant committee or officer decisions relating to examinations, assessments, or academic progress or against expulsion or exclusion on academic grounds including Academic Progress Notice decisions (Academic Appeals procedure);

(b) complaints involving an allegation of misconduct by a student (Student Discipline procedure);

(c) complaints involving an allegation of harassment (Respect at Study policy);

(d) complaints involving an allegation of sexual violence (Sexual Violence and Misconduct Policy);

(e) complaints about admissions decisions (Admissions Regulations).

Information about the separate procedures can be obtained from the Students' Union or the Academic Support Office.

(22) In cases where a student raises matters informally or formally which may apply to the complaint procedure and another procedure simultaneously, the University will write to the student to inform them of the appropriate process, processes or order of processes which will be used for consideration of the matters they raised. Students are not permitted to initiate more than one formal procedure simultaneously for the same or related matters.

(23) This procedure is only available for currently registered students or students who have left the University within 28 days. Students on programmes validated by Durham University have the right to request a review (Stage 3) under this procedure provided that they have first completed the informal and formal complaints procedures of their home institution.

(24) Complaints by a group of students are often of a general nature and it is appropriate for the students to raise the matter with a module or course representative or a student representative on a relevant Academic Department Committee (e.g. Staff/Student Consultative Committee) in the first instance. A formal complaint may then be made by a group of students if the relevant representation system has not achieved a satisfactory outcome, or this is not appropriate in the circumstances. In these cases the group of students will be required to nominate a principal representative from the group to act on their behalf.

(25) Complaints provide important evidence about how effectively the University’s student procedures have operated in practice and can serve to identify trends or areas of concern expressed by students. The University therefore reports on complaints in several ways including principally an annual report to Senate containing anonymised analysis of formal complaints including a breakdown by gender, age, ethnicity and disability based on information supplied at registration. Where appropriate University reports will contain recommendations for improving practice in the University and the appropriate process or sequence of processes to follow.

Informal Stage (Stage 1)

(26) The University is committed to resolving matters of student dissatisfaction informally as this enables a prompt investigation and resolution to the mutual agreement of all parties. The University believes that most matters of student dissatisfaction can be resolved informally and students should raise these matters as close and soon as possible to the source of their dissatisfaction. Students should, therefore, initially discuss the matter with those directly responsible.

(27) The list below highlights those members of staff who may be approached by the student to seek an informal resolution:

• Complaints relating to an academic department should be discussed with an appropriate member of academic staff (as set out in the departmental handbook).
• Complaints relating to a College should be discussed with a member of the College’s Student Support Office.
• Complaints about one of the University's administrative or support services should be discussed with the head of that service.

In cases where it is not appropriate to approach the person directly responsible students should approach another appropriate staff member from their academic department or college or contact the Students' Union for support. In exceptional cases, the University may allow a student to proceed directly to Stage 2 of this procedure.

Please also see https://www.dur.ac.uk/colleges.se.division/studentsupportdirect/conductteam/studentcomplaints/ for more information about help and support for informal complaint resolution.

(28) Student complaints about the adequacy of undergraduate, postgraduate taught or postgraduate research supervision or the arrangements for teaching and assessment must be made as soon as possible and prior to the submission of assessed work or the publication of results. Students should discuss their complaints with their academic advisor or supervisor or the member of staff responsible for the course. If this discussion does not informally resolve their concerns, then the student should raise this with the academic department head (or their appointed nominee), before proceeding to the formal stage of this procedure.

(29) Staff handling matters at the informal stage should, if possible, have a face-to-face discussion with the student concerned, in order to understand the nature of the student's dissatisfaction and to explore what outcome the student seeks.

(30) Staff handling student complaints should consider whether cases are appropriate for referral to the University’s Mediation Service. Mediation can assist parties in dispute to resolve difficulties that they are having. It is a confidential and voluntary process in which impartial mediators facilitate communication, with a focus on solutions. Mediation can be used at any stage of the complaints procedure and any informal or formal complaint process would be stayed whilst mediation is ongoing. If mediation is not successful students are able to resume informal or formal complaints procedures.

(31) Wherever possible, student complaints should be resolved at this local level, without the need to resort to formal proceedings. Where appropriate, staff should record the resolution reached and, as necessary, confirm the resolution in writing with the student for both parties to refer to later if further issues arise. Students may request that they be notified of the resolution in writing. It may also be appropriate to inform the student of Stage 2 of this procedure. Where it is not possible to reach a satisfactory resolution to an informal complaint the student should be informed of their right to submit a formal Stage 2 complaint.

Formal Stage (Stage 2)

(32) If the student is not satisfied with the response at the informal stage or did not consider informal resolution to be appropriate in their circumstances, he or she may initiate a formal complaint by completing all sections of the Complaints Form within 28 days of the events complained about or following the conclusion of the informal complaint process (Stage 1).

(33) In order that the University is able to investigate complaints in a timely, fair and transparent manner, the information provided by the student must be clear and concise. To facilitate this, the University has a Complaint Form where student should provide:

(a) A short (500 word or fewer) statement describing the main issues to be addressed or areas of dissatisfaction. This is the most critical section of the complaint form as any investigation will focus on the main issues raised here;

(b) A statement detailing actions already taken by the student to resolve the matter informally and why the response provided was considered unsatisfactory or reasons why informal action was not considered appropriate in the circumstances;

(c) The form of resolution or redress sought by the student in relation to the main issues. Students should seek advice regarding what forms of resolution or redress may be appropriate in the circumstances. The University will attempt to inform students in cases where the student does not provide appropriate forms of resolution or redress.

(d) If necessary and as briefly as possible, additional related background or contextual details or descriptions of incidents and events raised as the main issues and their impact on the student. Any details or descriptions provided should directly relate to the main issues. Students should not expect that any details and descriptions provided here will be directly responded to;

(e) A list and copies of any documents or information provided in support of the main issues of the complaint. In some cases the University may request to see original documents.

(34) The Complaint Form should be signed and submitted electronically or in paper form to the address listed on the form together with any supporting information. The Academic Support Office will acknowledge receipt of the Complaint Form within seven days.

(35) Upon receipt of a Complaint form, the Assistant Registrar (Student Complaints and Appeals) will conduct an initial review of the main issues raised in the complaint to determine, in consultation with appropriate staff as necessary, whether immediate or alternative action is required in the circumstances prior to potentially proceeding with a formal investigation. The student will be informed of any immediate or alternative actions and the effect upon the complaint process.

(36) The University shall maintain a pool of trained complaint investigators who will be senior members of staff from Colleges, Academic Departments, Finance and Professional Support Services whose appointment will be approved by the responsible University Executive Committee (UEC) representative. Where no pool member is eligible or available to act in respect of an individual complaint the Vice-Chancellor and Warden or appropriate member of UEC shall designate a senior member of the University to serve for that particular case. Pool members will be appropriately trained in order to conduct investigations in accordance with Stage 2 and Stage 3 of this procedure.

(37) The Assistant Registrar (Student Complaints and Appeals) will identify an appropriate member of the pool to investigate the complaint (investigator). The investigator must be independent of the source of the complaint and not investigate a case in which any potential conflict of interest might arise. Pool members should avoid becoming involved in the informal stage of complaints as it may affect their ability to be involved as an investigator.

(38) The investigator will gather information and attempt resolution of the complaint by means appropriate to its nature and circumstance. Such means may include:

(a) meetings or written correspondence between the parties;

(b) negotiation with the student or with appropriate members of staff or with both;

(c) facilitation of a conciliation meeting between the student and staff concerned;

(d) or, if both parties agree, referral for mediation.

(39) If the investigator decides to investigate the complaint via correspondence then the student bringing forward the complaint shall be sent a copy of any response or additional information obtained by the investigator and will be invited to submit a response prior to the investigator reaching a decision in relation to the complaint.

(40) In any case where the investigator meets with the parties to a complaint they are permitted to be accompanied by a member of the University community or a representative from the Students' Union.

(41) The investigator may determine that it is necessary to hold a hearing to consider information already submitted in relation to the complaint and to collect additional oral evidence. In these cases, two additional pool members will be identified by the Assistant Registrar (Student Complaints and Appeals) to form a Panel for the hearing. All parties involved with the complaint will be invited to attend the hearing and provided with all relevant information seven days in advance. All parties are permitted to be accompanied at any hearing by a member of the University community, employee Trade Union, or a representative from the Students' Union. The Panel members will then consider the complaint in light of all evidence submitted and reach their decision.

(42) It is expected that the formal procedure should be completed and a written report sent to the student that sets out the reasons for the decision within 42 days of receipt of the completed Complaints Form. The possible outcomes include:

(a) A resolution, reached in co-operation with the Department/School, College or Support Service provider, or following mediation if appropriate;

(b) The complaint is upheld in relation to one or more of the main issues specified by the student. Recommendations will be communicated to the relevant decision making body within the University on how those upheld main issues should be addressed noting the resolutions or redress specified by the student. The student will be informed of the appropriate process, any actions they may need to take and the timescales for implementing any remedy;

(c) The complaint is dismissed in relation to all the main issues specified by the student and reasons are given to the student in writing.

(43) In all cases where the student remains dissatisfied with the outcome, they will be informed of their right to request a review of the decision under Stage 3 of this procedure, the timescales for doing so and the grounds on which they may request a review. Where the University does not receive additional enquiries or requests from the student within the applicable timescales it will consider the matter closed and the student will not be permitted to progress their complaint to Stage 3.

(44) A copy of the letter to the student informing them of the outcome of their complaint and all information relevant to the decision of the investigator will be kept in the Academic Support Office.

Review Request (Stage 3)

(45) If the student remains dissatisfied with the outcome of the Stage 2 complaint and believes that the complaint has not been handled properly or fairly according to these procedures, the student may request for a review by writing to the Academic Registrar within 14 days of receipt of the Stage 2 outcome. The request must state the grounds for requesting a review and include details of the resolution they are seeking.

(46) The grounds for review of a Stage 2 complaint outcome are limited to the identification of a procedural irregularity during Stage 2, provision of new material evidence together with a valid reason for why it was not previously submitted and consideration of whether the outcome reached was reasonable in all the circumstances.

(47) Receipt of the request for a review will be acknowledged within seven days. A pool member (reviewer) with no previous involvement in the complaint will review the case in light of the review request submitted by the student and all the information considered by the investigator in reaching an outcome at Stage 2. The reviewer may decide to seek further information from the student and/or others concerned or to inform the student of any limitations on the scope of a review.

(48) Taking account of the substance of the review request and the outcome of Stage 2, the reviewer will then decide on an appropriate outcome. The student will be notified of the reviewer's decision within 28 days of receipt of the request for a review and provided with a report that clearly sets out the reasons for each decision.

(49) If the reviewer upholds one or more aspects of the review request the student will be provided with information about implementation of any remedy which may include a new investigation of the complaint at Stage 2 by a pool member not previously involved. The student may request a completion of procedures letter.

(50) If the reviewer dismisses the complaint there shall be no further opportunity for the complaint to be pursued within the University. The student will be provided with a completion of procedures letter, informed of their right to submit a complaint to the OIA and the time limit for doing so.

Office of the Independent Adjudicator

(51) The University's internal procedures are exhausted once a student is informed of the outcome of his or her request for a review (Stage 3) under these procedures. Students may complain to the Office of the Independent Adjudicator (OIA) in accordance with their procedures. Information about the OIA and the procedure for submitting complaints can be obtained from the Academic Support Office, the Students' Union website or from the OIA website: www.oiahe.org.uk.

The purpose of this code is to ensure that students are aware of the law with regard to the supply, use and possession by students of controlled drugs, with the overall objective of minimising the harmful effects of these substances.

Controlled Drugs¹

(1) The University does not allow, in any way, the use of controlled drugs. The possession of controlled drugs is a criminal offence and the possession with intent to supply is a more serious offence. The University would break the law if it permitted controlled drugs to be used or supplied on its property.

(2) The University will not tolerate the use of, or dealing in, controlled drugs on its property. Any students found to be using or in possession of any controlled drug, including cannabis, on University premises will be subject to its disciplinary procedures and the police will be informed.

(3) The University will inform the police of any student suspected of dealing in drugs. We also reserve the right to inform the police about students found to be using or in possession of drugs.

University Disciplinary Procedures²

The University's disciplinary procedures are set out under Section IV of the General Regulations. Major offences include:

• Serious instances of disorderly conduct causing serious damage to or on University property or premises or seriously affecting good order within or without the University;
• Conduct which brings the University into serious disrepute, by causing serious reputational damage;
• Possession of controlled drugs;
• Offences against the Criminal Law.

A major offence may be punished by rustication (exclusion from the University for one year) or expulsion from the University³.

The University cannot and will not condone any controlled activity committed on University premises but it will endeavour to respond considerately to students who accept that they are having problems related to the use of controlled drugs, provided that the individual concerned co-operates with such treatment and care plans as may be developed for them by health care professionals or other appropriate agencies⁴.

https://www.durhamsu.com/about-us/legal-financial/code-of-practice

Preamble

Introduction

(1) Any member of the University who has reasonable suspicion that a student may be involved in criminal conduct should bring the matter to the attention of the Academic Registrar or another Nominated Officer. This Code is designed to give guidance as to when misconduct should be reported to the Police and how the matter should be handled internally. Where reference to the Police is a matter of judgement, the Academic Registrar¹ should be consulted.

It should be noted straightaway however, that:

(a) Double jeopardy does not arise if an alleged criminal offence is also considered as a possible breach of University Discipline regulations (because the Courts have determined that there is no parity between criminal law and a University disciplinary hearing).

(b) Allegations of serious criminal offences should be referred to the Police, because University discipline regulations cannot be used as an alternative to Police action.

(c) It may be necessary for a member of the University to notify the Police immediately where a potentially serious crime is in progress or the nature of an allegation of criminal misconduct (e.g. terrorism, threat to vital interests of a member of the University or wider community, repeated or risk of further criminal activities) requires immediate Police intervention.

(d) The University would not normally report an allegation of a crime against the wishes of a victim. However in exceptional circumstances, the University reserves the right to refer serious criminal allegations to the Police against the wishes of the victim, where it believes that the health, safety or security of the victim, members of the University community or the wider community are at risk.

(e) The code covers behaviour or actions which may constitute misconduct in relation to hate crimes against members of the University community.

Process

(2) Where the alleged offence is not a serious criminal offence and the Police would be unlikely to act (eg slight damage to University property or resources, minor assault or a scuffle) the matter should be dealt with internally by an Authorised University Officer under disciplinary procedures. If, however, someone, eg an aggrieved student, has already reported the matter to the Police, University discipline procedures would normally wait until the Police had concluded their investigation.

(3) Where the alleged offence is a serious criminal offence and the Police would be likely to act (eg supplying controlled drugs, allegations of rape or sexual assault², other serious offence against the person, theft of significant sums) the following process should take place:

(a) Offence on University property: to be reported by the Authorised University Officer to the Academic Registrar for guidance on appropriate steps to take. 

(b) Offence taking place during a University activity off-campus, e.g. fieldwork: The member of staff leading the fieldwork reports to their Head of Department for guidance on the appropriate steps to take. The Academic Registrar¹ to be notified as soon as possible.

(c) Offence taking place away from the University and/or not involving a University student or member of staff: person notifying the University of the offence should be advised to report the matter to the Police and the Academic Registrar¹ should be notified.

(4) The Academic Registrar¹ will then consult the Chair or Deputy Chair of Senate Discipline Committee and decide:

(a) whether the offence potentially falls within the University Discipline Regulations and hence whether internal discipline procedures should be started. If started they would normally be adjourned pending the outcome of the Police investigation. However, the fact that criminal proceedings have not concluded does not always preclude the University from taking its own disciplinary action, particularly in relation to allegations of minor criminal offences. Similarly, if the Police are unable or unwilling to proceed with the alleged offence, this also does not always preclude the University from taking disciplinary action.

(b) whether suspension should be considered pending completion of the Police investigation. It should be remembered that suspension is not a sanction. It is a temporary measure to facilitate an investigation to proceed or to protect students and other members of the University whilst the criminal proceedings continue. Alternatives to suspension should therefore be considered where appropriate. 

(c) whether measures identified are reasonable and proportionate to the incident under investigation.

¹or other Nominated Officer

² Please also refer to the University’s Sexual Violence and Misconduct Policy in Volume 1 of the University Calendar

(1) We are committed to dealing with complainants fairly and impartially and to providing a high quality service when investigating appeals and complaints. However we do not expect Durham University staff to tolerate unacceptable behaviour. Therefore this Code of practice sets out the University's approach to the relatively few complainants or appellants whose actions or behaviour we consider to be unacceptable. Consequently, this code of practice should be read in conjunction with the University's General Regulation VII Academic Appeals and the University's Complaints Procedure for Students, both of which are to be found in Durham University Calendar Volume 1. 

(2) For the purposes of this code a "complainant" is a student who either makes a complaint or submits an appeal in accordance with the University's General Regulations or regulations in other University publications. The term complainant also includes anyone who has signed authorisation from a complainant to act on his or her behalf or anyone who contacts the University in connection with a complaint or appeal. 

(3) The principles set out in this code of practice also apply to our dealings with third parties who are not students but who seek to make a complaint against the University or its students. 

(4) Whilst complainants may explore their grievances through initial discussion with University staff, they are normally expected to submit their complaint or appeal in writing in accordance with the relevant appeals or complaints procedure to enable an investigation to be undertaken. However the University will always consider alternative means of communication (other than written communication) in appropriate cases on request. Subsequent queries may be raised by Email or telephone but we normally ask complainants to confirm in writing any comments that they have made to us over the telephone so that the information can be recorded on file. We cannot respond to enquiries from anyone who is not named as a representative by the complainant.

(5) Where a complainant submits multiple complaints on substantially the same issue the University reserves its right to treat the matter as a single complaint or appeal and to decline respond to each separate, subsequent appeal or complaint.

(6) Whilst the University understands that bringing a complaint or an academic or other appeal can be a stressful experience we also recognise our duty to ensure the safety and welfare of our staff and students. Consequently the University has zero tolerance towards complainants whose behaviour is unacceptable and we will take action to protect our staff.

(7) The University's definition of "unacceptable behaviour" might include but is not necessarily restricted to cases in which there is clear evidence that the complainant has behaved in the following inappropriate way(s): 

(a) communicating with the University in an abusive, offensive, defamatory, distressing, aggressive, threatening, coercive or intimidating manner;

(b) engaging in communication which is unreasonably persistent or demanding in terms of its frequency or volume;

(c) submitting an appeal or complaint containing materially inaccurate or false information or evidence;

(d) knowingly making clearly unfounded allegations against a member of the University's staff.

(8) When we consider that the behaviour of a complainant is unacceptable, as a first step, the University will normally tell the complainant why we find their behaviour unacceptable and we will ask them to change it. If the unacceptable behaviour continues, we will take action to restrict their contact with the University.

(9) The decision to restrict contact with the University can be taken by one of the following members of staff or their nominees: the Pro-Vice-Chancellor (Education), the Chief Operating Officer (Registrar), Academic Registrar. Any restrictions imposed will be appropriate and proportionate. The options we are most likely to consider are:

• requesting contact in a particular form (for example letters only);
• requiring contact to take place with a named officer (complainants should normally write to or telephone only the member of University staff dealing with their complaint or appeal);
• restricting telephone calls or emails to specified days and times;
• asking the complainant to appoint a representative to correspond with us; and/or
• asking the complainant to enter into an agreement about their conduct.

(10) Normally we write to tell the complainant why we believe their behaviour is unacceptable, what action we are taking and the duration of that action.

(11) Where a complainant behaves unacceptably during a telephone conversation, we may as a last resort terminate the call and we may restrict future contact to email or written correspondence.

(12) Where a complainant continues to behave in a way which we consider to be unacceptable, we may decide to seek advice from the University Officers listed in 9 above as to whether University discipline proceedings be initiated (as outlined in General Regulation IV Discipline) or whether it is necessary to terminate contact with the complainant. In exceptional circumstances this may mean that the University is unable to continue with the consideration of the case. Where appropriate, we may issue a completion of procedures letter, advising the complainant of their right to take matters to OIA (if the complainant is a recent student of the University).

(13) Where the behaviour is so extreme that it threatens the immediate safety and welfare of the University's staff, we will consider other options, for example reporting the matter to the Police or taking legal action. In such cases, we may not give the complainant prior warning of that action.

(14) This Code of practice and its use will be reviewed by the Student Experience Sub-Committee at least every three years.

Code of Practice for Durham Students' Union.

Maintaining Contact with your College  

Students who “live-out” remain, of course, members of their college and are encouraged to enjoy the privileges and responsibilities of membership of their College communities no less than those who “live-in’. In addition to providing a focus for social and recreational life, and a place to collect mail, College is a critically important point of contact with the University on official academic matters, student support issues and, in addition, a medium for emergency messages. It is therefore essential that College be kept informed of each student’s correct term-time address and telephone numbers.

Crime

Durham and Stockton are by and large very safe places. However, crime does occur and quite often this is opportunistic and targeted towards students’ residences. Thieves do look for lap top computers, tablets and mobile phones, for example. They very rarely use forced entry but will look for easy opportunities such as windows left open and mobiles and laptops left on display. Please be vigilant and take precautions to protect your property. If you need advice on securing your home do contact your local police office. Please bear in mind the need to walk around town in company late at night. These are just basic precautions and are not meant to imply that you are more at threat as a liver out.

On Being Good Neighbours

Some neighbours may not be familiar with the University or with the pressures and exuberance of student life. You and your housemates may be a local resident’s only contact with the University. The University and all your fellow students will, therefore, be judged by your behaviour. It is extremely important that you establish and maintain good relations with your neighbours (and they with you). The goodwill of all residents is essential for good relations and in any case you will derive greater pleasure from living out if you get on well with your neighbours. Relationships between local residents and students are not necessarily a source of antipathy. Consider joining or supporting your local residents’ association as this will provide you with an opportunity to contribute to your neighbourhood. Remember that you are an important part of the community.

Noise

Excessive noise at any time, but particularly late at night, is very un-neighbourly and can cause great distress. It is especially disturbing to those whose working day starts and finishes earlier than yours or who need an undisturbed night, particularly between Sunday night and Friday morning which are for most people their working week. Do please respect the needs of others, particularly in terraced houses with thin walls. Please keep radios, TVs and any other music at low volume. If you have a party at your home, remember to inform your neighbours and to promise them that it will finish at a reasonable, and specified, time. Think about inviting them to your party. During summer months, please remember that noise from garden parties can be excessive even if this is just normal conversation levels. Fireworks should not be let off late in the evening and certainly not during the early hours of the morning (this can be anti-social and may be interpreted as a criminal offence). You should be aware that any citizen who is repeatedly disturbed by excessive noise or other unacceptable behaviour may also contact the Environmental Health Office or the Police who have extensive powers to deal with anti-social activities.

Drunkenness

A significant proportion of complaints received from local residents relates to disorderly behavior resulting from drunkenness. The easiest way to avoid this type of behavior is to avoid excessive consumption of alcohol. Many students’ houses do not have front gardens and therefore rowdy and drunken behavior on the streets causes considerable disturbance and distress to local residents. Unfortunately, this type of rowdy and drunken behavior has all too regularly led to criminal damage to residents’ properties. Any incidences of this type will be dealt with robustly by the Police. In extreme circumstances, where the University is deemed to have been brought into serious disrepute, this may lead to disciplinary processes which can lead to a student being required to leave the University.

Parking

The other major source of complaint by non-student residents is the inconsiderate use and parking of cars or other vehicles. The default position of General Regulations of the University is that students are not permitted to park on University premises. Residents find it inconvenient and annoying if they can never park in front of their own home because another car is parked there on a long-term basis.

Recycling and Waste

All Livers Out should manage their waste and recycling responsibly. For information on Recycling and Waste collections in your area, view the Recycling Guidelines at www.durham.ac.uk/greenspace/policies/students/liversout/ or consult the website of your local council.

Students should please take particular effort to ensure streets are left tidy at the end of term – leaving large piles of waste is unsightly, dangerous and can attract vermin:

• Sort unwanted items in advance so that you have time to dispose of them appropriately i.e. take unwanted clothing to charity shops, unwanted food to food banks etc. 
• Avoid overflowing bins by disposing of recycling and waste at regular intervals throughout the term. 
• Please liaise with neighbours if you will not be around to return your bins to your property after collections. 

The University’s Green Move Out Scheme takes place at the end of the academic year. This Scheme collects students’ unwanted items. These are then distributed to charity or made available to students for reuse at the start of the following year – all donations raised are donated to charity. Information on how to participate in the Green Move Out scheme is available at www.durham.ac.uk/greenspace/greenmoveout/.

University - City Liaison and the Code of Conduct

If action via remonstration proves ineffective (and it is hoped that there will be no such case), the College or University authorities are empowered to deal with the matter as a potential major offence, for which the penalty can be expulsion.