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Disciplinary Policy

  1. Application

1.1 These Regulations apply to all registered delegates of the International Medieval Congress (IMC), as well as any members of the public, attending any IMC organised event, who are not currently members of staff and/or registered students at the University of Leeds.[1]

1.2 All references in these Regulations to the nominee shall, where the context so admits, refers to a nominee appointed by the Dean of the Faculty of Arts, Humanities, and Cultures (herein after, the nominee).[2]

1.3 All allegations and proceedings brought forward under this code shall be private to the accused delegate, members of the University who are directly concerned with the consideration of the offence, and such other members of staff as the nominee or the Chairman of the IMC Disciplinary Committee may decide.[3] All hearings shall be held in private. It will be for those conducting the hearing to determine, having regard to the needs of justice, whether or not the defending delegates and any witnesses or alleged victims will appear together or separately in any hearing.

In exceptional cases, in addition to determining the case and the penalty, if any, the Committee will rule whether or not its decision will be published in whole or in part and any restrictions that will apply in accordance with General Data Protection Regulations (2018). The decision of the Committee in the matter of publication will be final.

  1. Offences

These regulations apply to the following offences:

2.1 The breach of any IMC regulation (including these regulations)[4]

2.2 Failure to observe a provision of any code of conduct and other regulations approved by the IMC or other competent authority of the University

2.3 Riotous or disorderly behaviour

2.4 Wilful or negligent damage of University property or the property of others (including that of members of the public and public property) on or off University premises and the refusal to make good any wilful or negligent damage

2.5 Harassment or other inappropriate behaviour towards IMC delegates or staff including through e-mail, telephone, writing or orally

2.6 Serious interference with any aspect of the University work of other members or employees of the University

2.7 Conduct (wherever occurring)[5] likely to bring the IMC into disrepute.

  1. Criminal Prosecution

3.1 When the Police proceed against a delegate, the IMC will suspend/not initiate disciplinary action other than, if the circumstances warrant, pending the outcome of Police investigations or the completion of the judicial process.

3.2 If the Police issue a delegate with a Police warning or caution, or if the Police decide to act no further, then the IMC may, if it deems fit, proceed under the provisions of these Regulations. If the case is referred to the Courts, the IMC will await the outcome of the trial and will then act as follows:

(a) if the verdict is not guilty, it is at the discretion of the IMC to take further action in respect of the specific offence as described below;

(b) if a non-custodial sentence is imposed then the IMC may decide, in addition, to proceed under the provisions of these Regulations;

(c) if a custodial sentence is imposed then the accused delegate will have his or her current entitlement to participate in the IMC[6] rescinded. On receipt of a request from the accused delegate to be re-admitted, the IMC will take appropriate advice before the request is considered and determined by the Dean of the Faculty of Arts, Humanities, and Cultures or the Deputy Dean acting on his/her behalf. If the accused delegate is permitted to return this may include the imposition of additional penalties or conditions as the Dean or Deputy Dean acting on his/her behalf determines.

3.3 The nominee may temporarily suspend a delegate from participating in the IMC where the University has responsibility to others or its property, its reputation or its business processes are at risk. Suspension is not a disciplinary penalty and not an indication of culpability. The nominee may lift suspension before the conclusion of Police investigation if they deem that the lifting of suspension is appropriate.

  1. Preliminary

4.1 Every allegation of an offence under these Regulations shall first be investigated by the nominee, which may include a preliminary interview with any of the parties concerned. If the nominee decides that there is no case to answer, then no further action will be taken.[7] If the nominee decides that there is a case to answer then the allegation will be addressed under either the Summary Procedure or the Non-Summary Procedure (6 and 7 below).

4.2 The nominee shall send to the accused delegate a statement of the allegation and state whether it is proposed that the allegation be heard summarily or by the IMC Disciplinary Committee.

4.3 The IMC Disciplinary Committee shall be a Committee of the IMC whose Chairman shall be appointed by the Head of the School of History for a term of three years, renewable. The Committee shall be constituted of members of the academic staff of the University and shall not be fewer than three and shall neither have any direct or indirect connection with the allegation in question nor with the accused or accusing delegate(s) concerned.[8]

4.4 In the case of involvement of a Leeds member of staff or student as accused or affected delegate other University of Leeds procedures will take precedence over this regulation.

4.5 In the case of the accused not engaging with an investigation, the case will be heard in their absence, and they forfeit any right of appeal.

  1. Summary Offences: Minor Offences

5.1 All minor offences shall be dealt with summarily, unless the charge is denied in full or in part by the accused. The definition of a minor offence shall be at the discretion of the nominee, but would typically be incidents of lesser gravity than injury or threats to the person, extreme nuisance or serious damage to property, and where it is likely that the offence would carry a penalty short of exclusion or suspension from the IMC.

5.2 Major or serious offences can also be dealt with summarily if the accused delegate so requests and the nominee agrees.

Procedure

5.3 Within twenty working days of the date of the letter containing the statement referred to in paragraph 4.2, at the accused delegate’s postal and email address, the accused delegate shall send to the nominee his or her comments and state whether the offence is admitted or denied in full or in part.

5.4 If the allegation is both minor and admitted in full, the nominee may issue a penalty under 5.6.

5.5 If the accused delegate denies the allegation either in whole or in part, the case will be heard by the IMC Disciplinary Committee as in 6.2 below.

5.6 Examples of penalties to be imposed for a minor offence are as follows:

(a) a formal warning;

(b) a severe warning with any future offence being automatically treated as serious or major;

(c) a temporary or permanent bar from participating in the IMC;

(d) a combination of the above.

  1. Non-Summary Offences: Major or Serious Offences

6.1 Major or serious offences would be incidents where the accused delegate’s continued presence at the IMC is called into question.[9] For such offences (except under 5.2 above), within twenty working days of the date of the letter containing the statement referred to in paragraph 4.2, at the accused delegate’s postal and email address, the delegate shall send to the nominee his or her comments and state whether the offence is admitted or denied in full or in part.

6.2 As soon as reasonably practical thereafter, a meeting of the IMC Disciplinary Committee will be convened to hear the case. The Committee may proceed as it determines subject to the following:

(a) the accused delegate’s case will be considered remotely unless the accused delegate is able to attend in person;

(b) if present in person, the accused delegate may be accompanied by a single supporter of his or her choice who may or may not be a member of the University (but the supporter cannot represent the accused delegate, cannot attend if the accused delegate is not present in person and cannot be a co-accused or witness to the alleged offence);

(c) the accused delegate may put his or her case either in person or in writing. Members of the Committee may question the accused delegate. The accused delegate will respond to questions personally unless the Chairman permits otherwise;

(d) all papers available to the Committee will usually be made available to the accused delegate, except in exceptional circumstances where the Committee may decide to withhold some documentation while still providing a summary of the core points of the claim;

(e) the Committee may not permit plea bargaining nor discussion of any penalty with anyone who is not a member of the Committee;

(f) all hearings shall be in private and shall remain confidential (and see 1.3 above);

(g) the Committee shall not be bound by the strict rules of evidence;

(h) the Committee shall give its findings at the earliest opportunity;

(i) where the offence has been denied, in the event of the charge being proven, the Committee shall allow the accused delegate to give a statement in mitigation in advance of determining the penalty.

6.3 The Committee shall reach a decision, reached on the basis of balance of probabilities, and shall give reasons for its decision if it finds that there has been a disciplinary offence. Subject to any mitigation, it may impose one of two penalties:

(a) suspension of the accused delegate from participating in the IMC for a specified period of time together with any or none of the following:

(i) disqualification of the accused delegate from the use of or access to any University service or facility or premises in relation to the IMC for such period of time as the Committee may decide

(ii) ordering an apology to an aggrieved individual and/or compensation, and/or payment for damage to property

(b) Permanent bar from participating in the IMC.

The above penalties will not constrain the Committee from making particular and specific decisions in individual and wholly exceptional cases.

  1. Appeals

7.1 An appeal can be made against the Nominee against a decision of no further action as stated in 4.1. This appeal needs to be made to the Dean or Deputy Dean of the Faculty of Arts, Humanities, and Cultures. Such appeals must be made in writing not later than twenty working days after the decision has been issued. The Dean or Deputy Dean’s decision, which will follow the provisions of paragraph 7.3 (a) to (c), will be final with no further right of appeal.

7.2 An accused delegate may appeal to the Dean or Deputy Dean of the Faculty of Arts, Humanities, and Cultures about a decision of the IMC Disciplinary Committee. Such appeals must be made in writing not later than twenty working days after the decision has been issued. The accused delegate will not appear before the Dean or Deputy Dean. The Dean or Deputy Dean’s decision, which will follow the provisions of paragraph 7.2(a) to (c), will be final with no further right of appeal.

7.3 In determining the appeal, the Dean of the Faculty of Arts, Humanities, and Cultures or his/her nominee may:

(a) confirm the findings and penalty in all respects;

(b) decrease, increase or vary the penalty;

(c) uphold the appeal, and quash the findings of the IMC Disciplinary Committee.

  1. General

8.1 If an accused delegate requires an adjustment to disciplinary proceedings due to disability or an accessibility need they are asked to contact the IMC Office with details.

8.2 An accused delegate shall be entitled to object to any member of the IMC Disciplinary Committee on grounds that he or she may not be impartial by reason of personal knowledge of the accused delegate or otherwise. The objection shall be considered by the Chairman. If the objection is upheld by the Chairman of the Committee another person shall be appointed.

8.3 A record of all disciplinary proceedings shall be kept under the auspices of the IMC. The IMC holds and retains information about disciplinary proceedings in accordance with the University of Leeds Privacy Notice. For more information see www.leeds.ac.uk/privacynotice. Personal information about third parties should not be submitted to the University as part of a disciplinary case at any stage unless necessary. If third party information is included it must be accompanied by the third party’s consent to the University to process the data.

  1. Advice, Contacting the Office and Receipts

9.1 The Office cannot undertake to receive documents by hand. Papers for submission should be posted or sent by email in sufficient time to arrive within the time limits.

Contact details are as follows:

The IMC Office, Parkinson Building 1.03, University of Leeds, Leeds LS2 9JT

Tel: 0113 343  Fax: 0113 343 3616 Email: imc@leeds.ac.uk Web site: www.imc.leeds.ac.uk/

9.2 Receipt of documents will be acknowledged but only through the accused delegate’s email account provided on registering unless another email address has been provided for the purpose.

Notes

[1] If any case involves University of Leeds staff or student, this will be handled via the University’s procedures as stated in 4.4.

[2] Until further notice, Axel Müller, Director of the IMC.

[3] It is expected that no-one involved will refer to the proceedings on social media or otherwise publicise details of allegations. The IMC reserves the right to take action if this is not respected, including disclosing details of the case if necessary to correct factual inaccuracy. Disclosure will be also be made where necessary to progress a case or implement a decision (e.g. this may include informing a relevant professional body in the case of a registrable award) or where it is required by law or in the public interest.

[4] As stated on https://www.imc.leeds.ac.uk/policies/.

[5] As well as on University premises, this would include in a public place, in accommodation booked by the IMC off-campus, in the local community, on the premises of other educational institutions, or while on an IMC organised excursion.

[6] Participation in the IMC includes anyone registered to attend the IMC as a delegate, anyone actively involved in the programme, or anyone running an event, performing, or taking part in any of the IMC exhibitions.

[7] This decision can be appealed as outlined in 7.1.

[8] The membership should consist of the Head of the School of History (or a nominee), the Director of the Institute for Medieval Studies (or a nominee), and at least one staff member of the IMC Standing Committee.

[9] This refers to cases where on preliminary investigation it is deemed that the continued presence of a delegate would cause a danger to other delegates, University of Leeds members, or themselves. This suspension is pending a full investigation, and an accused delegate may be entitled to reasonable compensation if the charge is not upheld.