Operational Guidance Student Committee Hearings | Student Progress

1. What is a Student Committee Hearing?

Student Committee Hearings are used to investigate certain types of student casework. This includes Student Disciplinary cases, Level 3 Support to Study Interventions, and complex student Complaints. The role of a Student Committee Hearing is to ask questions of the student responder and any other relevant people (for example, any student reporter, school representative, witnesses or wellbeing colleagues), assess available evidence, and reach an appropriate outcome on the case.

2. Support options

We understand that taking part in a Student Committee hearing can be both daunting and stressful, regardless of your role in the hearing. As such, it is important that you understand the support available to you throughout the process.

The Student Health and Wellbeing Service can be contacted on 0191 208 33 33 or via the online web form. They are able to provide you with wellbeing support, disability advice, financial support advice, and can also signpost you to other appropriate services

The Student Advice Centre of the Students’ Union can be contacted via their online booking system. They can provide you with advice relating to housing, finance, mental health referrals, or to help you to navigate any University process.

You can also speak to your personal tutor, senior tutor, or research supervisor in relation to any academic or pastoral support need you may have. They will be able to signpost you to appropriate sources of help, where relevant.

3. Who is the Committee?

The committee is usually made up of three senior University employees, who have no prior involvement with you or your case (for example, they won’t be from your School, have taught you, or be your wellbeing advisor). One of the Committee members will be appointed as Chair of the Committee. If you are asked to attend a Student Committee Hearing, and you believe there to be any conflict or potential for bias with any of the Committee members, you can request a review of the Committee membership by writing to the Director of the Student Progress Service (via casework@newcastle.ac.uk) at the earliest opportunity.

4. Circulation of documentation

A detailed agenda and relevant documentation will be circulated to all attendees (with the exception of any friend or supporter the reporting or responding student chooses to accompany them) at least 7 days in advance of the hearing. If any person wishes to submit additional evidence within 7 days of the hearing, the Chair of the Committee will need to decide whether the additional documentation can be included for consideration, or whether it would be more appropriate to defer the hearing until the Committee and other attendees have had the opportunity to properly consider the new information.

5. Types of Committee Hearing

There are various types of committee hearing and what you can expect will depend on your role:

Support to Study

**What can I expect before the Committee Hearing?**

You can expect:

To be told the date and time of the hearing by the Committee Secretary at least 10 days in advance;
To be told the membership of the Committee and be given the right to raise objections with the Chair if you perceive any potential conflict of interest by any Committee member;
To be provided with a copy of all relevant papers at least 7 days in advance;
To be given the opportunity to request adjustments to the hearing to facilitate your participation;
To be asked to provide relevant documentation (this may include, for example, medical letters or documentation proving that you have engaged with psychological support).

**What can I expect during the Committee Hearing?**

The process:

You will be asked to join the hearing at a specific time. This will be at the same time as the Case Presenter, your supporter, school representative and any other relevant attendees. The Committee will have met prior to your attendance to discuss the information and documentation available and agree appropriate lines of questioning;
The Committee Chair will introduce the other attendees and explain what will happen during the hearing;
The Case Presenter will present the University’s case in relation to your Support to Study considerations;
The Committee members will ask you questions in relation to your current circumstances, including (but not limited to) your health, wellbeing, living situation and course engagement and attainment;
If you have asked for any witnesses to be present, the Committee may call them into the hearing to ask them questions;
A representative from your Academic Unit will normally attend the hearing to answer any questions the Committee may have regarding your academic progression or programme of study requirements;
Once the Committee is satisfied that they have asked all relevant questions, both you and any supporter accompanying you will be given the opportunity to make a statement;
The Case Presenter may, in summary, highlight any areas of contention or discrepancies for the Committee;
All attendees, except the Committee members and the Committee Secretary will be asked to leave the meeting while the Committee members deliberate and determine an outcome.

You can expect:

To be accompanied to the hearing by a friend or supporter, if you wish;
To be asked questions relating to your current circumstances (this may include, for example, questions relating to your physical and/or mental health, your medication, your support network, your current coping strategies, your academic engagement and progress with your studies);
A representative from your School to be in attendance to answer any course-specific queries the Committee may have (the Academic Unit representative will not take any part in the decision-making process);
The Committee to take a support-focused approach;
The Committee to evaluate all available evidence and decide whether, on the balance of probabilities, they consider that you are currently well enough to study/be in an educative environment;
The Committee Secretary to take notes of the discussion, although these will not be word for word.

**What can I expect after the Committee Hearing?**

You can expect:

To receive the outcome of the Committee hearing as soon as possible after the decision is made;
To receive formal written notification of the outcome as soon as practicable;
To receive a full Statement of Reasons which details the decisions taken, the reasons for the decisions, and the evidence considered;
To be informed of your right to appeal against any decision made and the relevant grounds for appeal.

Disciplinary

1. I am a responding student:

**What can I expect before the Committee Hearing?**

You can expect:

To be informed in writing that your case will be considered by a Student Disciplinary Committee;
To be told the date and time of the hearing by the Committee Secretary at least 10 days in advance;
To be told the membership of the Committee and be given the right to raise objections with the Chair if you perceive any potential conflict of interest by any Committee member;
To be provided with a copy of all relevant papers at least 7 days in advance;
To be given the opportunity to have a friend/supporter join you at the hearing;
To be given the opportunity to request adjustments to the hearing to facilitate your participation;
To be given the opportunity to submit any additional evidence or documentation you wish the Committee to consider;
To be given the opportunity to ask for witnesses to attend the Committee hearing to present evidence.

**What can I expect during the Committee Hearing?**

The process:

You will be asked to join the hearing at a specific time. This will be at the same time as the Case Presenter, your supporter, and any other relevant attendees. The Committee will have met prior to your attendance to discuss the evidence available and agree appropriate lines of questioning;
The Committee Chair will introduce the other attendees, their role and explain what will happen during the hearing;
The Case Presenter will present the University’s evidence in relation to the charge of misconduct;
The Committee members will ask you questions in relation to the charge of misconduct and you will be given the opportunity to explain your side of things;
If you have asked for any witnesses to be present, the Committee may call them into the hearing to ask them questions;
If the Reporter is a Newcastle University student and has chosen to attend the hearing, they will be called into the hearing at a specific point and be given the opportunity to present their own account and answer any questions the Committee may have of them. You will not be permitted to communicate directly with the Reporter or ask questions of them yourself. All questions must be approved by the Chair;
After the Reporter has given their evidence, they will leave the hearing;
Once the Committee is satisfied that they have asked all relevant questions, both you and any supporter accompanying you will be given the opportunity to make a statement;
The Case Presenter will summarise the case, highlighting any areas of contention or discrepancies for the Committee;
All attendees, except the Committee members and the Committee Secretary will be asked to leave the hearing while the Committee members deliberate.

You can expect:

To be accompanied to the hearing by a friend or supporter if you wish;
To be asked questions relating to the charge of misconduct and any other relevant factors;
To hear and see all information and documentation considered by the Committee and to be given the opportunity to respond;
To be given the opportunity to present your own evidence or account of the reported events;
The Committee to evaluate all available evidence and decide whether, on the balance of probabilities, they consider that misconduct has occurred;
The Committee Secretary to take notes of the discussion, although these will not be word for word.

What can I expect after the Committee Hearing?

You can expect:

To receive the outcome of the Committee hearing as soon as possible after the decision is made;
To receive formal written notification of the outcome as soon as practicable;
To receive a full Statement of Reasons which details the decisions taken, the reasons for the decisions, and the evidence considered;
To be informed of your right to appeal against any decision made and the relevant grounds for appeal.

2. I am a reporting student:

**What can I expect before the Committee Hearing?**

You can expect:

To be given a named point of contact, who will keep you updated on the progress of the report you have made;
To be informed in writing that the University will be taking your report to a Student Disciplinary Committee;
To be told the date and time of the hearing at least 10 days in advance;
To be told the membership of the Committee and be given the right to raise objections with the Chair if you perceive any potential conflict of interest by any Committee member;
To be given the opportunity to attend the hearing to present your own evidence and answer questions posed to you by the Committee;
Where you have chosen to attend the hearing, to be provided with a copy of all relevant papers at least 7 days in advance;
To be given the opportunity to request adjustments to the hearing to facilitate your participation;
To be given the opportunity to submit any additional evidence or documentation you wish the Committee to consider (including a personal statement or statements from other people), whether or not you choose to attend the hearing;
To be given the opportunity to ask for relevant witnesses to attend the Committee hearing to present evidence.

**What can I expect during the Committee Hearing?**

The process:

You will be called into the hearing at a specific point and be given the opportunity to present your own account and answer any questions the Committee may have of you.
The Responding student will be present while you give your account. It is important that they are able to hear the evidence presented about them, however they will not be able to communicate with you or ask you questions directly;
You (and any supporter you choose to accompany you to the hearing) will be asked if you wish to make a statement, usually before you leave the meeting;
Once you have given your evidence and the Committee is satisfied that they have asked all relevant questions, both you and any supporter accompanying you will leave the hearing.

You can expect:

To be accompanied to the hearing by a friend or supporter if you wish;
To be asked questions relating to the charge of misconduct and any other relevant factors;
To be given the opportunity to present your own evidence or account of the reported events;
The Committee to evaluate all available evidence and decide whether, on the balance of probabilities, they consider that misconduct has occurred;
The Committee Secretary to take notes of the discussion, although these will not be word for word.

**What can I expect after the Committee Hearing?**

You can expect:

To receive formal written notification of the outcome of the Committee hearing as soon as practicable;
To receive a full Statement of Reasons, which details the decisions taken, the reasons for the decisions, and the evidence considered;
To be informed of your right to appeal against any decision made and the relevant grounds for appeal.

6. What evidential standard is used?

The University uses the ‘civil’ standard of proof. This means that the Committee members are asked to assess all available evidence and decide ‘on the balance of probabilities’ whether something is more likely than not to be true. This is a different, lower threshold than the ‘criminal’ standard of proof of ‘beyond reasonable doubt.’

When assessing whether they believe something is more likely than not to have occurred, the Committee may have to determine the credibility and reliability of those giving evidence.

7. Can I record the Committee Hearing?

Recordings of any Student Committee Hearing are not normally allowed. Notes of the hearing will be taken by the Committee Secretary, although these will not be word for word. The responding student can request a copy of these notes. Any request to record the hearing (whether audio recording or video recording) must be submitted in writing prior to the hearing, and you should clearly state why you wish to record it (for example, if you are disabled and wish to make a recording for accessibility reasons). The Chair of the Committee will consult all other attendees before giving permission for you to record in advance of the meeting commencing.

8. How is the decision of the Committee communicated?

If you are the subject of a Committee hearing, the Chair of the Committee will normally ask you how you would like to receive the outcome (for example, in person or via email) and will try to accommodate your wishes wherever possible.

Normally we will inform you of the outcome on the day of the hearing, although there may be some occasions when this is not possible (for example, if the hearing doesn’t finish until late in the day and the committee needs time to deliberate). This will be followed up by written confirmation of the outcome as soon as practicable.

You will also receive a formal Statement of Reasons within 14 days of the hearing. The Statement of Reasons outlines the decisions made by the Committee and the reasons for the decisions, including any evidence considered.

9. How can I appeal if I am dissatisfied with the decision of the Committee?

If you wish to appeal against the decision of the Committee, you can do so within 14 days of receiving the formal Statement of Reasons. You will need to demonstrate that your appeal meets one or more of the approved grounds for appeal, which are as follows:

i. Support to Study

There is new material evidence available which was not reasonably available at the time the original decision was made;
Procedural irregularity;
Bias or prejudice;
The decision reached was perverse in that it was one which no reasonable person could have reached on the available evidence.

ii. Disciplinary

There is new material evidence available which was not reasonably available at the time the original decision was made;
Procedural irregularity;
Bias or prejudice;
Excessive or inappropriate sanction;
The decision was one that no reasonable person/committee could have reached on the evidence available.

iii. Complaint

Procedural irregularity.