There are a number of significant changes from the previous version of the Code of Practice for Student Discipline dated March 2023.
These are:
a) The wording, order and document layout throughout has been revised to enhance clarity.
b) The Scope clarifies that Subsidiary Institutions of the Open University will follow their own policies and procedures but that there may be a right to refer certain discipline cases to The Open University.
c) Wording has been added to clarify that The Open University will consider requests for reasonable adjustments to the disciplinary procedures to ensure students can fully engage in these procedures to take into account their disability.
d) The offence headings in Section 2 have been separated into academic and nonacademic offences and further simplified into broad categories with examples below each heading.
e) Updated examples of offences under 2.4.2b to align with updates to the Student Computing Policy.
f) Fraud, Corruption and Bribery have been defined and listed as offences under the broader offence heading of 2.4.4 ‘Acts of Dishonesty’.
g) A breach of any other Open University policy, code, rule or regulation has been listed as an example of an offence under the broader offence heading of 2.4.5 ‘Regulatory Breaches’.
h) Unauthorised use of generative Artificial Intelligence or automated tools has been listed as an example of the offence 2.3.1 ‘Academic Misconduct’.
i) Section 3.8 ‘Other Penalties’ has been updated to explain the Central Disciplinary Committee’s authority to impose other penalties is applied where penalties 3.3-3.7 are not appropriate for the offence in question.
j) In exceptional circumstances, authority to act on behalf of a disciplinary authority can be delegated to another staff member. If this occurs, The Open University will inform the student of the reasons for this.
k) The constitution of the Student Fraud Group has been outlined in Section 4.6. The procedure the Student Fraud Group will take in investigating Fraud, Corruption or Bribery is outlined in Section 7.2.
l) The table describing the offences which specific executive authorities may act in relation to, has been moved from 4.5.3 ‘Remit of Executive Authorities’ to Appendix 1.
m) Section 4.9 ‘Remit of Disciplinary Authorities’ has been defined by written principles whereas previously it was presented as a table.
n) Section 5 has been retitled ‘Precautionary Action’.
o) Clarification that if a suspended student is found not guilty at a criminal trial or the case is not proven, The Open University can still proceed with a disciplinary investigation if there is sufficient evidence of an offence under this Code.
p) Where a Suspension has been enacted as a Precautionary Action, The Open University will review the decision periodically. The Central Disciplinary Committee will consider the length of the suspension and its impact on study when making a disciplinary penalty decision.
q) Details on how allegations of student misconduct can be reported to The Open University have been added in Section 6 ‘Reporting Concerns of Misconduct’.
r) The burden of proof in disciplinary investigations is on The Open University.
s) It has been stated that The Open University aims to investigate allegations of misconduct where practicable within 90 calendar days of the identification of a concern. However, an extension of this time limit may be required in complex cases or where further information is needed.
t) Students studying under a Collaborative Provision Arrangement who receive a disciplinary penalty from the Partner Institution can appeal to the Central Disciplinary Committee, under certain circumstances defined in Section 9.
u) The timeframe which students must respond to the Central Disciplinary Committee in request for their comments and other information relating to a disciplinary investigation (7.6.1g), has been reduced from 15 working days to 10 working days.
v) If new evidence is provided when lodging an appeal, students must provide a valid reason as to why this evidence was previously unavailable.
w) The timeframe which students must lodge an appeal to the Central Disciplinary Committee or the Special Appeals Committee of the Senate (10.1a) has been reduced from 15 working days to 10 working days from the date of the letter informing them of a disciplinary decision.
x) Students’ mode of attendance at a disciplinary or appeal hearing must be confirmed at least one week prior to the date of the scheduled meeting.
y) Information has been added in Section 14 about the independent advice and support students can receive through the Individual Representation service, during Central Disciplinary cases.
z) Information has been added in Section 14 on sources of support and advice on maintaining good mental health and wellbeing during a disciplinary investigation. A glossary has been added with definitions for key terms used throughout.
