Non-Academic Misconduct

 

If you've acted in a way which breaches a King’s College London rule, regulation, policy or procedure then you may have committed misconduct.

Non-academic misconduct is not linked to your academic studies and could include vandalising College property, harassing other students or College staff or misuse of College IT systems.

We are here to help and support you if such an allegation is made against you.

>Preliminary Investigation

If a complaint has been made against you (e.g. harassment/bullying/sexual harassment), the matter will be referred to Student Conduct and Appeals, who will investigate the charge.

As part of this preliminary investigation, they may wish to talk to you. If you are required to attend any meetings with them, a KCLSU Adviser may be able to accompany you.

After the preliminary investigation, Student Conduct and Appeals will decide on one of three outcomes:

  1. There is no case to answer/insufficient evidence – the case would be dropped and that would be the end of it
  2. A warning for misconduct can be issued – the student would receive a warning and a formal letter, which would stay on their record within King’s only. Any further cases of misconduct would be treated more seriously, but there would be no further repercussions if the student never receives a charge of misconduct again.
  3. A full investigation in to the alleged misconduct is required – in this case, the student would be invited to a formal hearing, known as a Misconduct Committee. KCLSU Advisers can help students prepare for this and write a statement, and also are able to accompany students to the hearing on the day

>Misconduct Committee Procedure

If you are invited to a Misconduct Committee hearing you should be given at least 14 days’ notice of the date. This is a formal hearing, but on the level of a job interview, not a court hearing. You are invited to dress as you feel comfortable, you get to sit down throughout the procedure, you are not interrogated and you can take a break at any point.

You are invited to submit a written statement and any evidence you have for consideration and have to send this to Student Conduct and Appeals ([email protected]) at least 7 days prior to the hearing. KCLSU Advisers can advise on what to include in this statement and would be able to check drafts for you before you submit.

The Committee at the hearing will usually be made up of 3 members of staff from the College and 1 fully trained student volunteer. These are the people who would decide on the outcome. There will also be another member of staff present who is responsible for taking notes and audio-recording the hearing. The staff member of Student Conduct & Appeals office who conducted the Preliminary investigation will also be present to explain the case and why they referred it to a formal Hearing, but they will not take part in making the decision on the outcome.

What would usually happen is that the Chair (the lead person on the Committee) will begin by introducing everyone at the table. Usually the SCAO representative would be asked to speak first and cover any relevant information about the case including why they believe there was evidence to forward this case to a formal Misconduct hearing. You will then be given a chance to respond and put forward their explanation of what happened for the Committee to take into account. It isn’t possible to predict exactly what questions they will have for you, however they usually start with an open question asking you what happened in your own words. It’s usually the case that the Committee also asks questions directly related to the evidence provided. The student/staff who made the complaint may also be invited to attend the hearing to explain their complaint. If they do not wish to attend they can provide a statement.

The Committee will then decide whether or not to uphold the charge and if they uphold the charge, they will decide which penalty to recommend. You will be given the decision by email up to 7 days later, and there is an appeal procedure if you are not satisfied with the decision which KCLSU Advisers can help with.

The College’s Misconduct Regulations in full can be found here.

Fill out the advice form

How We Can Help

Our friendly caseworkers can talk you through the Misconduct regulations and procedures, answer any questions you might have about the process, and accompany you to relevant meetings.

Our friendly caseworkers can talk you through the appeals procedure, answer any questions you might have about the process, and assist you to complete your appeal.

We can:

  • Assist you in ensuring you are prepared prior to a Misconduct hearing, and accompany you to it.
  • Advise on what you should include your statement, provide feedback on it before you submit it, and what evidence to provide (if any).
  • Help you make sense of your outcome and discuss the formal appeal process if you are not satisfied with the decision.

FAQs

Does it mean that my case being referred to a Misconduct Committee hearing after the preliminary investigation, will have a negative outcome?

No, it certainly does not. Student Conduct & Appeals Office refers cases to Misconduct Committee hearings where they believe there is evidence that what a complainant is saying may be true, and therefore warrants further investigation.

What are possible outcomes of a Misconduct hearing?

Unfortunately, usually, it’s not possible to predict what outcome a Misconduct hearing will have. Non-academic related misconduct penalties can range from formal warnings to fines to suspension or even expulsion in more severe cases.

I don’t think I can attend the Misconduct hearing? What can I do?

If you think you cannot attend then you should email your department/Student Conduct & Appeals office and let them know, and ask if it would be possible to reschedule. Please note that Misconduct hearings take precedence of any other College-organised event so you are expected to be able attend, unless of course there’s something happening outside of your control. If you cannot physically make it to the meeting, you can attend by Skype (which has to be arranged beforehand). Please also note that Hearings can go ahead in a student’s absence.

I’m not happy with the Misconduct hearing outcome. What can I do?

Students may appeal the decision of a Misconduct Committee on either or both of the following grounds:

  1. There is new evidence that could not have been, or for good reason was not, made available at the time of the Committee, and the case warrants further consideration;
  2. Evidence can be produced of significant procedural error on the part of the College before or during the Committee, and the case warrants further consideration.

If this is the case, please do get in touch with KCLSU Advice via the online form, so an Adviser can help you further with your case.

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