1. education
2. graduate school
3. college

General Regulations of the University of Durham: 2014/2015
General Regulation I - Definitions
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General Regulation II - Admission
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General Regulation III - Residence
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General Regulation IV - Discipline
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General Regulation V – Academic Progress
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General Regulation VI – Suspension
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General Regulation VII – Academic Appeals
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General Regulation VIII – Examinations
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General Regulation IX – Conferment of Degrees and Payment of Charges
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General Regulation X – Intellectual Property Rights
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General Regulation XI – Motor Vehicles and Pedal Cycles
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General Regulation XII – Regulations for the Use of University IT Facilities
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General Regulation XIII – Library Regulations
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation I - Definitions
In the General Regulations of the University, the following expressions shall have the meaning assigned below, unless
the context requires otherwise:
(a) "College" includes all the Colleges maintained by Council, the recognised Colleges, and Licensed Halls of
Residence.
(b) "College Regulations" means the rules made by College authorities for the conduct of students.
(c) "University Regulations" includes the General Regulations of the University and regulations made under the
authority of these regulations.
(d) "The General Regulations of the University" means the rules laid down by Senate and Council for the
conduct of members of the University under the authority accorded to those bodies by the Statutes of the
University. They are subject to alteration from time to time by those bodies. They are published in the
University Calendar Volume I, available on the web via www.dur.ac.uk/university.calendar/volumei/.
(e) “Codes of Practice” and the University’s Learning and Teaching Handbook provide guidance on specific
areas of the University. If there is any conflict or disagreement between what is stipulated in General
Regulations and the advice given in the Codes of Practice or the University’s Learning and Teaching
Handbook, the stipulations within General Regulations take precedence.
(f)
"Programme". A degree or other programme is a set of modules or courses satisfying the requirements for a
particular named degree or other qualification.
(g) “Authorised University Officer (AUO)” means
The Vice-Chancellor
The Deputy Vice-Chancellor
The Pro-Vice-Chancellors
The Head of the relevant Faculty and Deputies to the Head of the relevant
Faculty
The Deputy Warden
The Dean of the Graduate School
The Principals or Masters of Colleges and Societies
The Heads of Academic, Administrative or Service Departments or
Schools
The Chairs of Boards of Examiners
The Librarian
The Director of University IT
The Chief Operating Officer (Registrar)
The Academic Registrar
The Deputy Academic Registrar
The Director of Governance Support
The Director of Estates and Buildings
The Director of the Health & Safety Service
The City Liaison Officer
Any member of University staff expressly authorised to act as AUO by one
of the above.
(h) “Head of the Relevant Faculty”. The current Heads of Faculty are:
Pro-Vice-Chancellor (Arts & Humanities)
Pro-Vice-Chancellor (Science)
Pro-Vice-Chancellor (Social Sciences & Health)
(i)
"The University Statutes" means the Statutes of the University of Durham scheduled to the Universities of
Durham and Newcastle upon Tyne Act 1963 as subsequently amended. The University Statutes are
published in the University Calendar Volume I.
(j)
"The University" includes all of the University estates and in addition recognised Colleges, Licensed Halls of
Residence, and Durham Students’ Union (Durham Students’ Union) premises.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(k) "Head of College" means the Master or Principal of a maintained College, a recognised College, or a
Licensed Hall of Residence.
(l)
"Student" means any person admitted to the University under Section II of the General Regulations and any
other person registered as a member of the University for the purpose of full-time, part-time or occasional
study, including those paying a Continuation Fee.
(m) "Required to withdraw". A student who is required to withdraw from the University ceases to be a member of
the University from the date of the withdrawal. From that date the student may not reside in the University or
have access to any of its facilities, academic, social or sporting. Nor may a student enter for any further
examinations without the special permission of the Senate.
(n) "Member of the University" includes all members of the staff of the University and of the Recognised
Colleges and Licensed Halls of Residence and all students.
(o) "The Office of the Independent Adjudicator" is the independent body to whom students may complain within
three months of the issue of a Completion of Procedures letter by the University.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation II - Admission
1.
All undergraduate students, postgraduate students and all students engaged in periods of full-time study for one
or more terms, must be members of a College.
2.
All persons entering the University as students shall sign a declaration in the following terms:“I agree to be bound by all University Statutes, Regulations and Rules (available on-line at
www.dur.ac.uk/university.calendar), as amended by the University from time to time. I understand
that whilst working or studying in another institution I must obey the rules and regulations of that
institution and shall be subject to its disciplinary arrangements. I certify that to the best of my
knowledge, the information on the form is correct.”
3.
Students studying or working in another country as part of their degree programme shall be asked to sign the
following statement:
"I understand my responsibility during the placement to:
a)
commit myself fully to the work involved in the placement
b)
maintain contact with my department(s) and keep the department(s) informed of my
contact details
c)
inform the department of any problems which cannot be resolved within the placement
organisation
d)
conduct myself responsibly as a representative of the University
I understand that I am also subject to the regulations and codes of professional / academic practice
(as appropriate) of the host organisation.”
The University takes every care to ensure that students are sent to placement locations which are
safe and to offer the best advice on personal safety matters. However, health and safety legislation
abroad may be less stringent than it is here and placements abroad will be controlled by the
legislation of that country and not of the UK.
I have taken out personal travel insurance to cover any dangerous or hazardous activities or sports
and any other aspects of travel not covered by the University’s insurance as indicated above on the
appropriate travel form.
Please refer to the University’s regulations for Admission and Matriculation, and the University’s
Notification of Academic and Personal details for Admission and Matriculation and Registration
Purposes Regulation all of which are published in Volume II of the University Calendar.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation III - Residence†
1. Undergraduate members of the University shall reside within the precincts of their College or Licensed Hall of
Residence within College managed accommodation or otherwise within a reasonable distance of the University+.
Students shall be members of a College at the primary site of their learning and teaching.
2. Postgraduate students registered for full-time study are required to reside within a reasonable distance of the University+.
Exceptions may be granted by the Chair of the relevant Faculty Education Committee following the submission of a concession
request endorsed by the student’s Department and College.
3. No student may migrate from one College or Licensed Hall of Residence to another during a programme of study
unless such migration is approved by the Vice-Chancellor and Warden.
4. In normal circumstances a Head of College shall not withhold permission for a student to live out of College
provided:(a)
Sufficient notice is given to prevent the College concerned from being left with an empty residential
place.*
(b)
The student is also able to find accommodation in lodgings.
5. A student who withdraws from the University, or migrates from residence in a College during the course of a term,
will be required to pay a sum as specified in the occupancy agreement. This payment may be varied at the
discretion of the Head of College according to circumstances. See also General Regulation IX B Payment of
Charges.
6. Where the University terminates an applicant’s application prior to the programme start date or requires a student
to withdraw under the terms of its Notification of Academic and Personal details for Admission, Matriculation and
Registration Purposes Regulation, we may retain any fees paid on or on behalf of the applicant.
+ Or other approved location of study as defined in the programme regulations.
*Normally, by the last day of February in the academic year preceding that in which the student wishes to live out of College.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation IV - Discipline
1
INTRODUCTION
This regulation relates to student discipline in both conduct and academic matters.
2
SCOPE
a)
In accepting an offer of a place at the University, students agree to be bound by:
(i)
The University’s Admission and Matriculation Regulations and Notification of Academic and
Personal Details for Registration Purposes Regulation published in volume II of the University
Calendar;
(ii)
The following General Regulations in Volume I of the University Calendar:
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(iii)
The University’s Codes of Practice, Procedures and Policies as outlined in the University
Calendar, ie
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(iii)
General Regulation I Definitions
General Regulation II Admission
General Regulation III Residence
General Regulation IV Discipline (set out in the following pages)
General Regulation V Academic Progress
General Regulation VI Suspension
General Regulation VII Academic Appeals
General Regulation VIII Examinations (including plagiarism, multiple submission
and cheating in examinations)
General Regulation IX Conferment of Degrees and Payment of Charges
General Regulation X Intellectual Property Rights
General Regulation XI Motor Vehicles and Pedal Cycles
General Regulation XII Use of University IT Facilities.
General Regulation XIII University Library Regulations
Code of Practice for Durham Students' Union
Code of Practice for Common Rooms
Complaints Procedure for Students
Code of Practice on Student Behaviour in Appeals and Complaints
Academic Progress: A Code of Good Practice
Students Living Out of College: A Code of Conduct
Student Code of Practice on Illegal Drugs and Alcohol
Student Mental Health Policy
Respect at Work and Study: Policy, Code of Practice and Procedures for Staff
and Students to make a Complaint about Harrassment
Code of Practice on Alcohol and Drug Abuse
Code of Practice for the Display of Promotional Material within the University
Code of Practice on Freedom of Expression in Relation to Meetings or Other
Activities on University Premises
Code of Conduct for the Use of Software and/or Computer Readable Datasets
Code of Conduct for Use of CIS Public Facilities
Code of Conduct for Handling Personal Data using Information Technology
Systems
Code of Practice on Notification of Misconduct to the Police and Internal Action
Outline Code of Practice for Boat Towing
Energy Management Policy
Statement on Policy for the Environment
Policy on Diversity and Equality
Public Interest Disclosure Policy 'Whistle Blowing'
College Regulations (available from respective College Offices)
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
3
4
(iv)
The regulations of any organisation which is part of the University of Durham and on whose
premises they happen to be. Students on University or College premises shall identify
themselves when requested to do so by a member of the University or College staff.
(v)
Where applicable, disciplinary regulations that Durham Students’ Union (Durham Students’
Union) applies to its members and fitness to practise regulations for MBBS Medicine that are
the responsibility of the Health and Conduct Committee of the University of Newcastle upon
Tyne.
b)
If conflict arises between the General Regulations of the University and College regulations,
University Codes of Practice or guidelines in the University’s Learning and Teaching Handbook, the
General Regulations take precedence.
c)
Staff and students are also advised to consult the University’s Guidelines on Student Discipline
available via the web on www.dur.ac.uk/gsu/
d)
Students eligible for an award of the University of Durham following a programme of study validated
by the University but delivered by a partner organisation are, for the duration of their programme,
registered with the validation partner organisation and come under the jurisdiction of the regulations
for student discipline of the organisation concerned. General Regulation IV Discipline does not
therefore apply to such students.
e)
The terms ‘expulsion’, or ‘exclusion’ and ‘suspension’ feature in these regulations. They are defined
as follows:
(i)
‘Expulsion’ is compulsory, permanent withdrawal from the University. A student who is
expelled ceases to be a member of the University from the date of the expulsion. From that
date, the student may not reside in the University or have access to any of its facilities
(academic, social or sporting) or premises nor may the student enter for any further
examinations without the special permission of the Senate.
(ii)
An order of ‘exclusion’ involves a permanent or time-limited sanction or sanctions imposed as
the outcome of a discipline procedure. The sanction(s) may include any or all of the following:

That the student should cease to be a member of the University in residence (for a
maximum period of one year). Also known as “rustication”.

That the student may not make use of any of the academic, residential, social or
sporting facilities provided by the University, but may, if the Senate Discipline
Committee so decides, be permitted to attend in order to sit a University examination.
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That the student may not remain in accommodation in College and may be forbidden
to use all or specified facilities of the College but remains a member of the College
expected to fulfil all their academic commitments.
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That the student should have no contact of any kind with a named person or persons.
(iii)
‘Suspension’ is a temporary measure taken in response to an allegation of misconduct. It is
not meant to be punitive but rather to facilitate an investigation to proceed unimpeded or to
protect the student or other members of the University whilst the discipline process proceeds.
Suspension is therefore a non-judgemental process and alternatives to suspension will be
considered where appropriate.
TYPES OF DISCIPLINARY OFFENCE
a)
Misconduct is considered to be improper interference in the broadest sense with the proper
functioning and activities of the University, or those who work or study in the University, or action
which otherwise damages the University, whether on University premises or elsewhere.
b)
There are two types of disciplinary offence; “major offences” and “other offences”.
c)
“Major offences” set out in 5 below broadly involve behaviour that either does or has the potential to
cause serious damage to the University, its staff and other students.
d)
By contrast, “other offences” involve misconduct of a less serious nature.
JURISDICTION AS TO WHETHER A MAJOR OR MINOR OFFENCE
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
a)
An “authorised University Officer (AUO)” decides whether, on the face of it, the offence is “major” or
“other”.
b)
An “authorised University Officer” (AUO) means:
The Vice-Chancellor, The Deputy Vice-Chancellor, The Pro-Vice-Chancellors, the Heads of
Faculties and deputies to the Heads of Faculties, the Dean of the Graduate School, the
Deputy Warden, Heads of College, the Heads of Academic, Administrative or Service
Departments or Schools, the Chairs of Boards of Examiners, the Librarian, the Director of
University IT, the Chief Operating Officer (Registrar), the Academic Registrar, the Deputy
Academic Registrar, the Director of Governance Support, the Director of Estates and
Buildings, the Director of the Health & Safety Service, the City Liaison Officer and any
member of University staff expressly authorised to act as AUO by one of the above.
5
c)
The AUO makes his/her decision based on:
 the nature of the offence
 the examples of major offences listed in 5 below
 the evidence of the alleged offence.
d)
If the AUO considers the offence could be major, he or she refers the case to the Chair/Deputy of
Senate Discipline Committee, who in turn decides whether:
(i) to refer the offence to Senate Discipline Committee as an allegation of a major offence
(ii) to refer the offence back to the AUO to be treated as a other offence
(iii) to recommend (where appropriate) that formal disciplinary action should not take place.
MAJOR OFFENCE PROCEDURE
a)
Examples of major offences
Major offences are normally:
Conduct offences
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Falsification or serious misuse of University records, including degree or
diploma certificates; [Allegations involving fraudulent information or nondisclosure of material information for admissions or matriculation and
registration purposes are normally considered under the University’s
Notification of Academic and Personal details for Admission, Matriculation
and Registration Purposes (University Calendar Volume II)].
False pretences or impersonation of others, within or without the University,
in connection with academic attainments or financial awards;
Theft, fraud, misapplication of, or gross negligence in connection with, funds
or property of any kind;
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, by whatever means, seriously disrupts or prejudices the
work of other members or employees of the University or the carrying out of
University business;
1Breaches of College regulations, or of Codes of Practice, codes of conduct,
IT or Library regulations published in Volume 1 of the University Calendar or
the regulations Durham Students’ Union applies to its members, where the
breaches are referred to Senate Discipline Committee as allegations of major
offences. This includes but is not restricted to allegations of harassment or
intimidation of staff or students, including on grounds of age, disability race,
gender, religious belief, sexual orientation or other areas that breach the
University’s policy on Respect at Work and Study, and/or possession of
offensive weapons or illegal drugs;
1
Before an allegation of this type of major offence is escalated to Senate Discipline Committee, the University would
normally expect the matter to be investigated under the terms of relevant code, or regulation and for the investigation
to have concluded that on the face of it a major offence had occurred.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(vii)
(viii)
(ix)
Failure to comply with a punishment or ruling under the “Other Offences”
Procedure;
Conduct which brings the University into serious disrepute, by causing
serious reputational damage;
Conduct which endangers, or is calculated to endanger, the health and safety
of a member of the University.
Academic offences
(x)
Serious offence or offences in connection with degree, diploma or certificate
examinations; (eg cheating which includes, but is not restricted to cheating in
University examinations, plagiarism, multiple submission as defined in
General Regulations VIII, falsification of results or evidence, use of unethical
research methods, collusion, impersonation, cheating in an examination).
Criminal offences
(xi)
b)
Offences against the criminal law, where these offences involve other
students or seriously affect or have the potential to seriously affect the
interests of the University or have the potential seriously to affect the health
and safety of staff or students.
Senate Discipline Committee
Jurisdiction
The Discipline Committee deals with:
(i)
allegations of major offences;
(ii)
appeals from students regarding punishments received under the other offences
procedure;
(iii)
an allegation from an AUO that a student has refused to accept or comply with a
decision or sentence under the other offences procedure.
Membership
(iv)
The membership of the Discipline Committee is as set out below; the quorum of the
Committee is three members:
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The Chair or Deputy Chair.
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Two members of staff drawn from a panel of fifteen, comprising five members
of staff per Faculty.
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Two student representatives nominated by Durham Students’ Union, who are
to be either students serving on Durham Students’ Union/University
Committees or Sabbatical Officers who are members of Durham Students’
Union..
At least one member of the Committee shall be a man and one a woman.
Procedure
(v)
The Senate Discipline Committee shall normally meet within six weeks of the Chair or
Deputy Chair referring an allegation or an appeal to the Committee(or within eight
weeks if the period includes part of a vacation) to consider:
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an allegation that a student has committed a major offence or;
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an appeal regarding a punishment under the other procedure, or;
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an allegation from an AUO that a student has refused to accept or comply
with a decision or sentence under the other offences procedure.
(vi)
A student charged with a major offence will receive a written summons, giving:
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a copy of General Regulation IV Discipline and any other relevant University
Regulations or Codes of Practice;
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brief but clear details of the charge;

two weeks’ notice to appear before the Senate Discipline Committee,
[students may waive the right to two weeks’ notice by applying in writing to
the Chair/Deputy Chair of the Senate Discipline Committee];
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
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advice that, unless he/she expresses a wish to the contrary before the date of
the hearing, the student members will sit as members of the Senate
Discipline Committee; Mark Senate approved removal – is that for this years’
calendar – assume so – I have deleted on the web
notification of the right to call witnesses in defence at his/her discretion and to
advise the Secretary to the Committee, one week in advance of the hearing,
of the names of any witnesses who have agreed to appear;
advice that he/she may approach the Senior Tutor of his/her College or the
Durham Students’ Union Advice Centre Senior Advisor for help in connection
with responding to the offence and advice that he/she may be accompanied
at the hearing, by a member of staff of his/her choice (if willing), or by a
member of the Durham Students' Union of his/her choice (if willing);
advice that he/she may submit relevant documents for the Committee to
consider provided that such documents are received one week in advance of
the hearing, with the exception of the student’s final statement, which must
be received three working days before the hearing. In the statement the
student may set out any relevant additional information he or she wishes to
bring to the Committee’s attention. (This might include an account of serious
adverse circumstances where the student wishes to admit the offence, or
evidence to support their rebuttal of the offence).
(vii)
The agenda for the hearing will be sent out one week in advance to the student
accused, members of Senate Discipline Committee, the AUO and the Head of the
student’s College and the Head of the student’s Department if attending. Additional
papers are not normally sent after submission of the agenda, nor laid on the table at
the hearing.
(viii)
If the student does not appear on the date given and the Senate Discipline
Committee is satisfied that a reasonable attempt has been made to communicate the
date of the hearing to the student, the Committee may proceed to deal with the
charge and, if necessary, impose the appropriate penalty in the student’s absence.
(ix)
The case against the student shall be brought by the AUO who referred the matter to
Senate Discipline Committee or by another officer authorised to act by the AUO.
(x)
The Head of the student’s College and the Head of the student’s Department or
Director of Combined Degrees/Natural Sciences will be invited to attend the hearing
or to nominate another College or Departmental Officer to attend in his/her place,
(particularly where the AUO is either the Head of College or the Head of Department).
(xi)
If the student wishes to admit the charge, he/she may do so in writing to the
Secretary to Senate Discipline Committee on receipt of the summons or later, at any
stage in the Committee’s proceedings.
(xii)
The Chair or Deputy Chair of Senate Discipline Committee may call and seek
evidence from any member of the University either before, during or after the
meeting. Exceptionally, he or she shall also have power to postpone a hearing.
At the meeting
(xiii)
At the meeting, the AUO shall speak first, followed by the student. Anyone
accompanying one of the participants may speak to the Committee only with the
Chair’s or Deputy Chair’s permission.
(xiv)
The Head of the student’s College and the Head of the student’s Department shall be
asked to submit a statement to the Committee about the student’s conduct at the
University. The statement will be copied to the student. Where the Head of College
or Head of Department is acting as AUO, another member of staff from the College or
Department shall be asked to provide the statement.
(xv)
A member of staff attending may be accompanied at the hearing by a member of staff
of his or her choice (if willing).
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
6
(xvi)
At the meeting, both the student and the AUO may question and be questioned by
each other and by members of the Committee. If present, the Head of Department
and/or the Head of College or those members of staff representing the Head of
Department or Head of College and all witnesses and the student’s accompanier may
be questioned by each party and by members of the Committee.
(xvii)
Before withdrawing, the student will be invited to make his/her final statement. Where
the student wishes to admit the offence, he/she may make comments in mitigation.
He/she may ask to make the statement with Committee members only present if
desired, or he/she may ask that the person accompanying him/her should make the
statement on his/her behalf. With the exception of members of the Committee, all
present will withdraw while the Committee considers its decision.
(xviii)
The Chair or Deputy Chair of the Committee will invite those previously present to
rejoin the Committee. He/she will announce orally as appropriate, either whether the
Committee allowed the appeal, or whether the Committee found the discipline charge
proved, and if so, what penalty is to be prescribed.
(xix)
Notwithstanding (xviii) above, the Committee shall have power to adjourn, continue or
postpone a hearing or decline to announce the outcome orally, as it deems
appropriate.
(xx)
Normally within 7 working days, the Committee will produce a reasoned decision
summarizing the facts found and considerations which led it to reach its decision and
the student’s rights of appeal.
(xxi)
As part of the monitoring process, Senate and Council will receive a report from the
Senate Discipline Committee that includes an anonymous summary of cases.
(xxii)
Discipline proceedings are normally held in confidence.
OTHER OFFENCE PROCEDURE
a)
An Authorised University Officer may generally deal with other offences.
b)
Other breaches of University regulations, procedures or codes of practice will be dealt with as set out
in the relevant regulation, procedure or code of practice. Exceptionally, a serious breach amounting
to a possible major offence referred to in section 5 a), may be referred directly to the Chair or Deputy
Chair of Senate Discipline Committee as an allegation of a major offence.
c)
Heads of College will deal with breaches of College regulations as set out in the respective College
regulations.
d)
A Chair of a Board of Examiners or a Research Degree Plagiarism Panel may deal with an allegation
of a minor infringement of assessment regulations as set out in guidelines within the University
Learning and Teaching Handbook or the Postgraduate Student Guide.
e)
The Other Offences Procedure exists to deal with misconduct that does not amount to a major
offence.
f)
In dealing with an allegation under the other offences procedure, , the AUO or body concerned should
adhere to the following broad principles:

that the student accused and those ruling on the offence receive written notification of the
offence;
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that the student accused should have the right to be accompanied by a member of the
University community at a meeting convened to discuss the offence;

that the AUO should have another member of the University community present to act as
a note-taker at a meeting convened to discuss a disciplinary offence;

that before a punishment is implemented the student should have the opportunity of
defending him/herself and submitting mitigation;

that where the student fails to attend a meeting convened to consider the allegation, and
the AUO is satisfied that the student has received notice to appear, the AUO may
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
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7
proceed to deal with the charge and if necessary impose an appropriate penalty in the
absence of the student;
that the AUO also has the power to postpone, continue or adjourn the case on cause
shown at his/her discretion;
that the AUO should provide the student with a brief written, reasoned decision
summarizing the facts found and the considerations which led him/her to reach the
decision and the student’s rights of appeal.
PUNISHMENTS ON CONVICTION OF A DISCIPLINARY CHARGE
Punishments for major offences
a)
The penalty for a major offence is expulsion from the University.
b)
Where, in the view of Senate Discipline Committee, the penalty of expulsion is inappropriate due to
exceptional mitigating features of a particular case, a lesser penalty may be imposed. The lesser
penalty may include but is not restricted to:

a reprimand;
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a fine up to a maximum figure to be determined annually by Council (the maximum fine
for 2011/12 is £225);

informing the Board of Examiners that marks awarded for an entire module or modules or
components of a module or modules be reduced or restricted to zero and that there
should be no opportunity to resit the module, modules or components thereof;

a requirement to make and attend an appointment for counselling, medical treatment, or
community service;
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an order of exclusion;

informing the Board of Examiners/or Examiners of a thesis of cancellation of all marks
without the opportunity to resit;

reduction of degree classification to be awarded or award of a lesser qualification without
the opportunity to resit;
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(in the case of damage to property or premises) a requirement to make good that
damage in whole or in part, and/or repay/make good any financial loss to the University
or any or all of these;
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Restrictions to access to the University or College or part thereof.
Punishments under the Other Offences Procedure
c)
The AUO or responsible person or body stipulated in the respective code of practice, regulation or
guideline may impose an appropriate punishment from the range set out in the regulation, code of
practice or guideline, or as appropriate from the range of sanctions listed below:

a requirement to make and attend an appointment for counselling or medical treatment;

a requirement to undertake community service;

a reprimand or suspension of privileges for a period not exceeding one term;

a requirement to make good the cost in whole or in part of any damage caused and/or
repay/make good any financial loss to the University;

any or all of these or any punishment (other than expulsion) as deemed reasonable by
the bodies above;

an order of exclusion from College or restricting access to the University or College or
part thereof or restriction on contact with a named person(s).
d)
A Board of Examiners may reduce or cancel the marks to be awarded for an entire module or
assessment component thereof.
e)
The Examiners of a thesis may implement the range of punishments set out in The University’s
Postgraduate Student Guide.
f)
Where no penalty is prescribed in a particular University Code of Practice, regulation or guideline, a
fine may be imposed up to a maximum figure to be determined annually by Council. [The maximum
fine for 2011/12 is £225.]
g)
The limits of these penalties may be reviewed periodically by authority of the Senate and Council.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
8
RIGHTS OF APPEAL
Appeal against Punishment under the Other Offence procedure or suspension from all or part of the
University2
a)
A student may appeal in writing to Senate Discipline Committee, via the Chief Operating Officer
(Registrar), within three weeks of notification of the decision. The letter should state the grounds for
appeal.
b)
Except in the case of a suspension, action to implement the first decision may be delayed until the
appeal is considered.
c)
Within three weeks of the letter of appeal being received by the Chief Operating Officer (Registrar) or
his/her nominated officer, it shall normally be considered by the Chair or Deputy Chair of the Senate
Discipline Committee.
d)
If the Chair or Deputy Chair decides that on the face of it there is no case for appeal, he/she shall
dismiss the appeal. Otherwise the appeal should be considered at a Senate Discipline Committee
hearing.
e)
If the Chair or Deputy Chair dismisses the appeal, the Chief Operating Officer (Registrar) shall inform
the student of the decision, advising him/her that he/she may complain to the Office of the
Independent Adjudicator within three months.
f)
If the appeal is forwarded to Senate Discipline Committee, the Committee’s usual procedure [set out
in 5(b)] shall be followed, as appropriate.
g)
When considering an appeal the Committee can annul, confirm, reduce or increase any penalty or
requirement to make recompense imposed by the AUO or other body set out in 7 (c) or may order a
rehearing of the case by the AUO or other body.
h)
If the Committee decides not to allow the appeal, the student may make a statement of mitigation or
rebuttal of the original charge before the Committee confirms the punishment. The student shall be
told that he/she may complain to the Office of the Independent Adjudicator within a period of three
months from the announcement of the decision.
i)
When the Committee is considering an appeal, any member of the Committee who has already been
involved in the matter shall not sit.
Appeals against Punishment for a Major Offence or Suspension pending completion of a police investigation
or criminal proceedings
j)
A student found guilty of a major offence by the Senate Discipline Committee or who wishes to appeal
against suspension (pending completion of a police investigation or criminal proceedings) may appeal
to the Council Student Appeals Committee, as set out below.
Jurisdiction of the Council Student Appeals Committee
k)
The student must appeal to the Council Student Appeals Committee within three weeks of the
decision of the Senate Discipline Committee or the decision that he/she be suspended from the
University pending completion of a police investigation or criminal proceedings or a decision under the
terms of the University’s Notification of Academic and Personal details for Admission, Matriculation
and Registration Purposes Regulation, to terminate the student’s registration. The appeal, setting out
the grounds for appeal against the decision, should be sent in writing to the Chief Operating Officer
(Registrar).
l)
Within six weeks of the notification being received by the Chief Operating Officer (Registrar) (or twelve
weeks if the period includes a vacation or part of a vacation), it shall be considered by the Chair of
Council Student Appeals Committee.
2 A student wishing to appeal against suspension pending completion of a police investigation or criminal proceeding should use
the procedure sent out in 8 (j).
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
m)
If the Chair, after considering the appeal and documentation relating to the case decides that, on the
face of it, there is no case for appeal, he/she shall dismiss the appeal. Otherwise where the Chair
considers it to be an appropriate course of action in all the circumstances of the case, he/she shall
remit the appeal back to Senate Discipline Committee, for consideration by Committee members who
are without prior involvement in the case (or back to the original decision-making body or Officer, as
appropriate). Alternatively, the Chair may forward the case to the Council Student Appeals
Committee, for a hearing (if the Chair considered this to be a more appropriate course of action, in the
circumstances of the case). In reaching a decision on whether there is a case for appeal, the Chair
may consult as he/she deems appropriate.
If the Chair dismisses the appeal, the Chief Operating Officer (Registrar) shall inform the student of
the decision. The student shall also be told that he/she may complain to the Office of the Independent
Adjudicator within a period of three months from the announcement of the decision.
Membership of Council Student Appeals Committee
o)
The membership is as set out below, the quorum is three members:

Chair to be the Chairman of Council or an appointed lay member of Council, nominated by
the Chairman.

Two appointed lay members of Council appointed by the Chair as the need arises.
Procedure for Council Student Appeals Committee
p)
A meeting of the Council Student Appeals Committee shall normally be held within six weeks (twelve
weeks if the period includes a vacation or part of a vacation) of the decision that it should consider an
appeal. The student shall receive at least two weeks' notice of the meeting.
q)
The agenda for the hearing will be sent out one week in advance to the student, members of the
Committee and the AUO. The student has the right to submit a written “final statement”, either setting
out mitigation where the offence is admitted or rebutting the charge. Additional papers are not
normally circulated after submission of the agenda.
r)
The student shall have the right to present his/her case in person, and to be accompanied either by a
member of staff of his/her choice (if willing), or by a member of the Durham Students' Union of his/her
choice (if willing).
s)
The following shall have the right to attend, or to send a representative, and present their case to the
Committee:

the AUO who initiated the matter in dispute;

the Head of College or, where the Head of College is the AUO, another College officer
nominated by him/her.
In each case they may be accompanied by a member of the University community of their choice (if
willing).
t)
The Committee shall have the power to call and seek evidence from any member of the University
concerned with the student's appeal.
u)
At the hearing the appellant shall be the first to speak to the Committee. Anyone who is present to
accompany one of the participants in the appeal may speak to the Committee only with the
permission of the Chair.
v)
Members of the Committee, the student concerned and those having the right to attend shall receive
from the Secretary of the Committee copies of the student's final statement, any report from the
Senate Discipline Committee, and other papers relevant to the case.
w)
Having considered the evidence, and taken such advice as it may deem appropriate, the Committee
shall issue a written decision normally within four weeks, summarizing the facts found and
considerations which led it to reach its decision.
x)
When the Committee’s decision is announced, the student is to be advised that he or she may
complain to the Office of the Independent Adjudicator within a period of three months from the
announcement of the decision.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
15
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation V – Academic Progress
1.
All students engaged in full or part-time study (excluding those registered on a Continuation Fee basis) are
required to fulfil their academic commitments.
(a) To that end undergraduate and taught postgraduate students shall, as required by the regulations
governing the degree or other programme or module for which they are registered:
(i)
attend courses of instruction in the University in each of the subjects required to the
satisfaction of the Heads of Departments or Schools responsible for those subjects;
(ii)
fulfil all academic obligations, including registration and those obligations defined (in the
relevant module outline as published in either the Faculty Handbook or Postgraduate Module
catalogue as appropriate) as being required to demonstrate academic progress in the
modules for which they are registered to a standard satisfactory to the Heads of Departments
or Schools responsible for the subjects.
(b) Postgraduate students are required to engage in research and/or advanced study to a standard
satisfactory to their supervisory team or Course Director.
(c) A student who, because of illness or other good cause, is unable to fulfil his/her academic commitments
may, as a matter of grace, be regarded as having met his/her academic commitments by concession.
Normally such a concession will not be granted on more than one occasion in a single academic year,
and it will normally be for no more than five weeks. Additionally, concessions for 'grace periods' must
specify the alternative summative assessment arrangements which replace any standard summative
assessment requirements for any modules which cannot be fulfilled during the 'grace period'.
Whenever possible the student will be required to make up the work missed in his or her own time.
2.
(a)
If satisfied that a student appears, after appropriate departmental warnings have been issued, to have
failed to fulfil his/her academic commitments as defined in 1 above, the Head of Department or School
responsible for the commitment in question shall request the designated officer to formally issue an
Academic Progress Notice (APN) letter to the student. The designated officer should normally be the
Head of the Faculty or a deputy to the Head of the Faculty. The designated officer must not be a
member of the Board of Studies or the Board of School which made the original request for an
Academic Progress Notice to be issued, and in the case of a student studying a Combined Honours or
Natural Sciences programme the designated officer must not be the member of University staff
responsible for the management of the programme. If a Deputy to the Head of the Faculty is unable to
serve the Head of Faculty shall appoint an alternative designated officer to act.
b)
The request shall specify the grounds for requesting that an APN letter be issued and the academic
requirements of Boards of Studies or Boards of School which must be satisfied according to a stated
timetable within a period of not less than four weeks, or by the end of the remainder of the student’s
period of study, if shorter. In the case of undergraduate students the period of four weeks shall be in
term time and may extend over two terms, but may not include the pre-examination period of the Easter
Term. In the case of postgraduate students the period of four weeks may not extend beyond four
weeks prior to the deadline for the submission of the dissertation. The APN letter shall state that
unjustified failure to satisfy the specified academic requirements may result in the student being
required to withdraw from the University.
(c)
The APN letter shall also specify that prior to the end of the penultimate week of the APN period the
student must make any and all relevant information of serious adverse circumstances known to the
relevant Heads of Departments or Schools (or in the case of students studying a Combined Honours or
Natural Sciences programme the Programme Director). The student may also make an appointment to
see the designated officer to offer such information to him or her.
(d)
In the case of undergraduate students, copies of the APN letter shall be sent to the Heads of
Departments or Schools concerned with that student, to the Director of the degree or other programme
when appropriate and to the Senior Tutor of the College of that student. In the case of postgraduate
students, copies of the APN letter shall be sent to the Heads of all Departments or Schools concerned,
the Supervisor or Course Director, to the Head of the Faculty concerned and to the Senior Tutor of the
College concerned (if applicable).
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
3.
(a)
At the end of the specified APN period the designated officer shall on the basis of the reports from the
Boards of Studies or the Boards of School decide either:
(i) That the student's performance has improved sufficiently to have fulfilled the conditions of the
APN.
or
(ii)
That the student has not met the conditions of the APN and therefore should be asked to
withdraw.
In exceptional circumstances, the designated officer may decide to extend the period of the APN for a
specified period (normally not more than four weeks). An APN may not normally be extended on more
than one occasion before a decision is made as to whether to require the student to withdraw from the
University.
This decision should normally be taken within two weeks and normally during term time in the case of
an undergraduate student.
(b) A decision to require a student to withdraw must be made not later than the first week of the Easter
Term (for undergraduates) and four weeks before the submission date for the dissertation (for
postgraduates). After this, the student’s progress will be determined on the basis of the outcomes of
his/her examinations and assessed coursework.
(c) The student shall be informed of the decision in writing; with copies sent as in 2(d) above. Where a
student is being required to withdraw from the University, the letter shall also give information on appeal
procedures.
4.
A student may appeal to the relevant Head of the Faculty against a decision of a designated Officer taken under
the Regulations for Academic Appeals: see General Regulation VII below
17
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation VI – Suspension
1.
Definitions
A suspension3 is not a punishment; it is a temporary measure taken in response to an allegation of
misconduct. It is not meant to be punitive but rather to facilitate an investigation to proceed unimpeded or to
protect the student or other members of the University whilst the discipline process proceeds.
Suspension is therefore a non-judgemental process and alternatives to suspension will be considered where
appropriate.
By comparison, exclusion and expulsion are sanctions imposed as the outcome of a discipline procedure.
An order of exclusion involves sanction or sanctions that may include (but are not limited to) restrictions on
student status or restriction on access to University or College facilities or activities, or contact with named
person(s); whereas an order of expulsion is a permanent, compulsory withdrawal from the University.
2.
Cases in which suspension can be considered
Suspension can therefore be considered as appropriate in the following cases:
3.
(a)
where a student has been accused of a major or minor offence as set out in General Regulations IV
Discipline or an offence under College regulations; or the student’s matriculation and registration is
being investigated under the terms of the University’s Notification of Academic and Personal details
for Admission, Matriculation and Registration Purposes Regulation.
(b)
where a police investigation is pending into an allegation that the student has committed an offence
or offences against the criminal law, where the offences involve other students or affect or have the
potential to affect the interests of the University or have the potential to seriously affect the health
and safety of staff or students. Please refer also the University’s Code of Practice on Notification of
Misconduct to the Police and Internal Action in Volume 1 of the University Calendar;
(c)
On rare occasions where a student suffering from mental health difficulties (supported by evidence
from a Medical Practitioner) may be causing disruption to others or may be severely damaging their
own academic prospects;
(d)
As a short term emergency measure to facilitate an investigation.
Jurisdiction over suspension
(a)
3
As an emergency measure and following consultation with the Head of the student's Department and
the Head of his or her College, any Authorised University Officer may suspend a student from the
entire or specified parts of the University for up to 10 days, where the Authorised University Officer is
of the reasonable opinion that it is urgent and necessary to take such action. Emergency suspension
will normally only be considered where the alleged misconduct poses a serious risk to the health,
safety, welfare or property of the student or others. In the event that an emergency suspension is put
in place the Authorised University Officer must on the same day provide to the student, the Head of
the student's Department and the Head of the student's College (or nominees) written notification of
the emergency suspension including the reasons for that suspension and this regulation and
notification of the student’s right to make oral or written representations to the Authorised University
Officer within 2 days receipt of the notice of suspension. These representations will be considered by
the Authorised University Officer as soon as practicable. The Authorised University Officer will then
confirm to the student, the student's Head of Department and the Head of the student's College
whether the suspension is to be lifted or remain in place. In any event during the period of the
suspension the Authorised University Officer shall keep the suspension under review in light of any
representations, developments or information which are brought to his or her attention and which in
his or her reasonable opinion change the nature of the suspension or warrant its lifting. In addition a
case conference or investigation must take place during the period of the suspension to establish
whether the suspension should be lifted or whether the Authorised University Officer should
recommend to the relevant University Authorities that the suspension be continued under a different
ground within section 3 of these regulations.
More detailed explanations of “exclusion” or “expulsion” may be found in General Regulation IV Discipline Section 2(e) .
18
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
4.
(b)
Any Authorised University Officer may suspend a student for a period of up to four weeks from any
part of the University or any University or College facilities or activities for which that authority has
responsibility, by providing written notification of the suspension to the student and a copy of this
regulation.
(c)
A student who is suspended by an Authorised University Officer under 3 b) above may not use,
access or enter any such University or College buildings or facilities as may be specified by the
Officer for a defined period, but may use, access or enter all University or College buildings or
facilities not thus specified. An order of suspension may include a requirement that the student have
no contact of any kind with a named person or persons.
(d)
Any teacher shall have the right to require any person to leave his or her class for one particular
teaching session. Where the teacher believes it is necessary to raise an allegation of misconduct
under University discipline regulations, he or she may seek to suspend the student from that
particular class for a period not exceeding four weeks, pending the outcome of a disciplinary
investigation. In such a case, the teacher should seek approval from the Head of Department or
his/her nominated Deputy. The Faculty Office should be informed in writing of the suspension.
(e)
A Head of Department shall have the right to exclude any student from attending any part of a
module for which he or she is not registered, if this is appropriate to ensure the proper conduct of the
class.
(f)
Except in the case of its own members, the right to visit a Durham College is at the discretion of the
Head of that College, who also has the right to exclude any non-members, if it is the Head’s
reasonable opinion that it is appropriate to do so, to ensure good order in the College and/or the
health and safety of College members.
(g)
Following consultation with the Chair or Deputy Chair of Senate Discipline Committee, the student’s
Department and College, the Chief Operating Officer (Registrar) or his/her nominee may suspend a
student from the entire University pending completion of a police investigation, or criminal
proceedings or the outcome of a Senate Discipline Committee Hearing.
(h)
Following consultation with the Chief Operating Officer (Registrar) (or other Officer nominated by him
or her) and the student’s College and Department, an Authorised University Officer may suspend a
student from the University on Mental Health Grounds with immediate effect, for a period of up to
twelve months. The student must be advised to seek pastoral support and medical attention.
(i)
In all cases where the suspension might involve removing the student temporarily or otherwise from
his or her College accommodation, the Colleges Office must be contacted as soon as possible for
advice on how to proceed. If it becomes apparent that the student may have mental health support
needs, then proceedings should be adjourned and advice sought from the Deputy Academic
Registrar’s Office, in accordance with the University’s mental health policy.
Review and appeal
(a)
The Chair or Deputy Chair of the Senate Discipline Committee, the Head of the student’s College
and his/her Head of Department must be notified where:
(i)
a suspension prevents a student from meeting some or all of his/her academic
commitments;
And/or
(ii)
the suspension is for four weeks or more.
And/or
(iii)
the suspension is from the entire University.
(b)
The Chair or Deputy Chair of the Senate Discipline Committee (or his/her nominee) will then review
the suspension within the period of four weeks in the first instance. It should be reviewed at four
weekly intervals within term-time thereafter. Outside term time the suspension will be reviewed at
intervals deemed appropriate by the Chair or Deputy Chair of the Senate Discipline Committee (or
his/her nominee) in consultation with the student’s Head of College and the Head of his/her
academic department.
(c)
However, where a student is suspended pending completion of a police investigation, or the outcome
of an investigation under Notification of Academic and Personal Details for Admission, Matriculation
19
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
and Registration Purposes (NAP) regulation in the University Calendar Volume II or the conclusion of
criminal proceedings or a Senate Discipline Committee hearing, the suspension will be reviewed as
appropriate, by the Chair or Deputy Chair of Senate Discipline Committee, or another appropriate
University officer, following receipt of corroboration from a relevant authority confirming the outcome
of the police or NAP investigation, criminal proceedings or a Senate Discipline Committee hearing.
5.
(d)
Where a student is suspended on mental health grounds (as indicated in 3(g)) the Chief Operating
Officer (Registrar) or other Officer nominated by him or her, will initiate the suspension review
process one month before the suspension ends. Before permitting the student to re-register with the
University the Chief Operating Officer (Registrar) or nominee will require a satisfactory report
confirming the student’s fitness to return to the University and resume his/her studies. The report
must include a medical report provided by a General Practitioner from the Claypath and University
Medical Group and a report from an appropriate Authorised University Officer to include clear,
unambiguous medical evidence confirming that the student is fit to resume their studies and evidence
that satisfactory support and monitoring arrangements have been put in place with relevant College,
Departmental and administrative support services and external agencies (if appropriate). In
compiling the report the Authorised University Officer will draw upon colleagues well placed to
provide advice and guidance including (but not limited to) the relevant Senior Tutor, the University’s
Medical Adviser (or his/her nominee), the Director of the Counselling Service, the Director of the
Service for Students with Disabilities and the Deputy Academic Registrar. The arrangements for a
student returning after suspension may include specifying a series of periodic assessments.
(e)
Except in the case of a suspension as set out in 4 (c) or (d) above, a student may appeal to Senate
Discipline Committee against suspension where his or her suspension is continued beyond four
weeks. The student should appeal in writing via the Chief Operating Officer (Registrar) within three
weeks of the notification of the suspension, as set out in General Regulation IV, Discipline 8 (a). The
letter should state the grounds for appeal. If the Chair or Deputy Chair of the Senate Discipline
Committee dismisses the appeal the student shall be told that he or she may appeal to the Office of
the Independent Adjudicator within a period of three months of the issue by the University of a
Completion of Procedures Letter.
(f)
A student suspended in accordance with 4(c) and (d) above may appeal to the Council Student
Appeals Committee. The student should appeal in writing via the Chief Operating Officer (Registrar)
within three weeks of the notification of the suspension, as set out in General Regulation IV,
Discipline 8 (j). The letter should set out the grounds for appeal. If the Chair of the Council Student
Appeals Committee dismisses the appeal the student shall be told that he or she may appeal to the
Office of the Independent Adjudicator within a period of three months of the issue by the University of
a Completion of Procedures Letter.
Attendance during suspension
Except in the case of a student suspended in accordance with 4 c) or 4 d) above, students are expected to
fulfil all academic commitments during a period of suspension, where feasible. The student cannot however
be granted access to classes or areas from which they are suspended. At the request of the student
concerned, the Head of the Academic Department(s)/School(s) or another member of staff designated by the
Head of Department/School should advise on how and to what extent academic commitments can be fulfilled
during suspension.
20
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation VII – Academic Appeals
1.
INTRODUCTION
An academic appeal is a request from a Durham University student for formal review of an academic decision
affecting that student.1
2.
An academic appeal investigation has a limited scope. Effectively the investigation amounts to a check as to
whether the decision appealed was reached:
(a)
in accordance with correct University procedures; and
(b)
in the light of relevant information.
Matters of academic judgement cannot be appealed. The University defines “academic judgement” as the
professional and scholarly knowledge and expertise which members of Durham University staff and the external
examiners draw upon in reaching an academic decision.
Academic judgement therefore includes, but is not restricted to, decisions about the academic standard attained
by students, marks and grades to be awarded for individual pieces of work or modules, and degrees and degree
classifications to be awarded, or not.
In view of its limited scope, there are essentially only two possible grounds for appeal:
3.
(a)
that there might have been a serious error in the way in which the original decision was made;
(b)
that there exists or existed circumstances affecting the student’s performance of which, for good
reason, the Board of Examiners or Committee or University Officer might not have been aware when
the original decision was made.
POSSIBLE REMEDIES
If the appeal is upheld it will normally be sent back for reconsideration by the body that made the original
decision. This does not necessarily mean that the original decision will be reversed or altered. Normally marks
for work will only be changed if there was an error in recording or processing them.
4.
PRINCIPLES
The University’s Academic Appeal Regulations are based on the following principles:
(a)
that staff and students are expected to act fairly and reasonably;
(b)
that students must not submit frivolous or vexatious appeals and staff must not investigate cases in
which any potential conflict of interest might arise. Where practicable, senior staff should avoid
becoming involved in the early stages of an academic appeal because it may compromise their ability
to be involved at a later stage;
(c)
that students must abide by University General Regulations and Student Codes of Practice published
in the University Calendar and available on the University’s web site at http://www.dur.ac.uk/gsu/sturegs;
1 These procedures do not apply to: (a) MB BS Phase 1 appellants who are appealing against a decision of the Student Health
and Conduct Committee of the University of Newcastle upon Tyne. In such cases, the appeals regulations of the University of
Newcastle upon Tyne will apply. (b) Appeals against results obtained at another Institution (eg Erasmus programme) that count
towards a University of Durham degree. [Appeals about the translation of the other Institution’s marks or grades into University of
Durham terms should be made through the University of Durham appeals systems.] (i) Any student appellant wishing to appeal
against the grades awarded by the other institution shall pursue this through the appeals procedure of that Institution. (ii) Any such
appeals must have been made to the other institution. The Chief Operating Officer (Registrar) of the University of Durham should
be informed in writing by 31 October in the final year of study (or such earlier time as may be specified in the procedures of the
other Institution) that such an appeal has been initiated. (iii) The other Institution shall retain the examination papers and notes of
oral examinations of Durham students until three months after the date on which they are expected to graduate in Durham.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(d)
that students may appeal without fear of disadvantage unless misconduct is uncovered in the course
of investigating the appeal;
(e)
that staff and students will be expected to comply with deadlines. Time limits for appeals will be
extended only in exceptional circumstances, such as when the student did not receive timely
notification of the decision for reasons outside his or her control;
(f)
that, before submitting a formal appeal, students should attempt to resolve the matter informally where
feasible. Where the student is dissatisfied with the outcome of the informal approach, they should
submit a formal appeal, using the relevant academic appeal proforma. This is available on the
University’s web site via http://www.dur.ac.uk/gsu/appeals ;
(g)
that complete confidentiality cannot be always guaranteed if effective action is to be taken on an
academic appeal. Therefore students are asked to sign a disclaimer on the University’s appeal
proformas authorising the investigating authority to consult others and share information on a need to
know basis. Staff dealing with appeals must, however, ensure that information disclosed by the
student appealing is only disclosed to third parties on a need to know basis. Normally no information
is disclosed to anyone outside the University, including the student’s parents, without the express
permission of the student;
(h)
that students may consult the Head or Deputy Head of their College or the Durham Students’ Union
Advice Centre to seek advice on their appeal in complete confidence. Whilst a contemporaneous
record of the discussion will be kept, if the student wishes, the information remains confidential within
the law. Where complete confidentiality is requested by a student, this might limit the extent to which
an academic appeal can be investigated. Authoritative advice on the appeals regulations or
complaints procedure is contained in the regulations. The Governance Support Unit may be
contacted for advice on the appeals process. To ensure that an independent investigation is
undertaken, the Officer investigating the appeal or complaint should not be asked for advice in
advance of the notification of the decision;
(i)
that, where an academic appeal is upheld, the remedy will be implemented within a reasonable
timescale;
(j)
that in addition to the Academic Appeals regulations the University has established the following other
procedures for students to use if they consider they have personally been discriminated against or
unjustly treated:

the Student Complaints Procedure (for complaints about academic support or service
delivery);

the Respect at Work and Study: Policy, Code of Practice and Procedures for Staff and
Students to make a Complaint about Harrassment (for allegations of harassment
(including racial, sexual, bullying or harassment because of a disability) between fellow
students, by a member of staff against a student or by a student against a member of
staff);

the Code of Practice for Durham Students’ Union and the Code of Practice for Common
Rooms;

the Code of Practice on Freedom of Speech;

the Public Interest Disclosure (‘WhistleBlowing’) Policy (to report financial or procedural
malpractice in good faith);
(k)
that students are not normally permitted to initiate more than one procedure simultaneously.
(l)
that Academic Appeals are monitored by the University annually because they provide important
evidence about how effectively the University’s student procedures have operated in practice. The
University Senate therefore receives an annual report containing an anonymised analysis of formal
complaints and appeals including a breakdown by gender, age, ethnicity and disability based on
information supplied at registration. Where appropriate the report will contain recommendations for
improving practice in the University.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
5.
DECISIONS THAT CAN BE APPEALED
Students may use these regulations to appeal against the following decisions:
6.
(a)
a confirmed decision of a Board of Examiners or the Examiners of a higher degree.
(b)
a decision of a University Committee or a University officer on any academic matter affecting the
student appealing (eg a decision regarding Academic Progress).
GROUNDS FOR APPEAL
The grounds are:
(a)
that you were adversely affected by illness or other relevant factors, of which you were previously
unaware of which for a good cause you were unable to disclose to the Examiners or other decisionmaking body or Officer
AND/OR
(b)
that you have evidence that parts of the relevant documented procedure were not applied correctly or
your marks were not calculated correctly and this procedural defect was significant enough to have
materially affected the decision, making it unsound
AND/OR
7.
(c)
that the Board of Examiners or other decision making body or Officer took a decision which was not
reasonable in all the circumstances.
(d)
Appeals on other grounds will not be accepted.
FORMAL APPEAL STAGE 1: FACULTY APPEAL
2
(a)
A student must appeal within twenty one days of the date of the notification of the decision to be
4
5
appealed , by completing a University Faculty Appeals pro forma , which should be sent to the
relevant Faculty Office (in the case of an undergraduate appeal) or to the Academic Office (in the case
of a postgraduate appeal).
(b)
The student must state the grounds for appeal, giving detailed reasons to support his or her case.
(c)
The Head or a Deputy to the Head of the relevant Faculty6 shall be responsible for considering the
appeal.
(d)
Where he or she considers it appropriate, the Head of Faculty or deputy to the Head of Faculty may
treat an appeal as if it were an application for a concession.
(e)
Normally within six weeks of the University Faculty Appeals pro forma being received, the Head of
6
Faculty or deputy to the Head of Faculty shall:
6
(i) consult the following and receive written information from those consulted:
(A) the Designated Officer and the Head of the Student’s Department if the appeal is
about a decision under General Regulation V (Academic Progress)
(B) the Chair of the Board of Examiners if the appeal is about an Examination Board
decision
2 The University reserves the right to stay the academic appeals process pending completion of legal or other proceedings which
may be relevant to the appeal.
4 or 21 days from the date of dispatch from the University of documentation requested under the terms of the Data Protection Act.
Any such Subject Access request must be made within14 days of the date of notification of the decision to be appealed against.
[The University will send the subject access documentation via a recorded delivery service.]
5 The University Appeals Proformas are available on the web via http://www.dur.ac.uk/gsu/appeals/
6 Or other senior member of the Faculty nominated by the Head of Faculty or deputy to the Head of Faculty.
23
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(C) or the internal examiner or Internal Adviser to examiners if the appeal from a
postgraduate research degree student);
(D) or the Chair of the Committee if the appeal is about a committee decision.
(E) in all applicable cases: the Head of the student’s College.
(ii) may consult other members of University staff if he or she deems it appropriate in particular
cases
(iii) produce a brief report on the case setting out his/her decision on the case
(iv) notify the outcome of the appeal to the student, the Head of Department or School, the
student’s Supervisor or Course Director (if the student is a postgraduate), the Governance
Support Unit, and the Head of the student’s College and provide the student with a copy of
his/her Faculty Appeal file containing the documentation considered.
(f)
The Faculty Appeal will have one of the following outcomes:
(i) if the Head of Faculty or a deputy to the Head of Faculty has concluded that the appeal is
allowed, that it shall either:
(A) be forwarded to the Chief Operating Officer (Registrar) for the Chair/Deputy Chair
of the Senate Academic Appeals Committee, for consideration under Regulation
8(c)
Or
(B) be referred back to the original decision-making body for reconsideration.
Or
(C) be treated as an application for a concession, in which case the appeal process
may be concluded without an appeal investigation taking place.
Or
(ii) the Head of Faculty or deputy to the Head of Faculty concludes that the appeal is dismissed as
unjustified.
(g)
8.
If the student is dissatisfied with the decision to dismiss the appeal, or the decision reached by the
original body on reconsidering the case, or the concession offered, he or she may appeal to Senate
Academic Appeals Committee within 21 days of notification of the decision in question.
FORMAL APPEAL STAGE 2: APPEALS TO THE SENATE ACADEMIC APPEALS COMMITTEE
(a)
An appeal to the Senate Academic Appeals Committee (SAAC) must be made within 21 days of the
date of the notification of the Faculty Appeal decision, using a University Senate Academic Appeals
Committee proforma, available on the web at http://www.dur.ac.uk/gsu/appeals/ or via the
Governance Support Unit, or via the student’s College or Department.
(b)
The grounds for appeal are either:
(i) that you (the appellant) have evidence that parts of the relevant documented procedure were
not applied correctly at the Faculty Appeal stage and this procedural defect was significant
enough to have materially affected the decision, making it unsound;
Or
(ii) that there is substantial and relevant new information that was previously unknown you, or
which for a valid reason you were unable to disclose at the Faculty appeals stage and that the
information is significant enough to have materially affected the Faculty Appeal decision,
making it unsound.
(c)
Normally within six weeks (or twelve weeks during the whole or part of a University vacation) of the
University SAAC pro forma being received by the Chief Operating Officer (Registrar), it shall be
24
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(i) copied to the student’s Department and College for information
(ii) considered by the SAAC Chair/Deputy Chair, in consultation with the Head or deputy to the
Head of a Faculty other than the Faculty to which the student belongs (HF/DHF) , and in the
light of the documentation considered at the Faculty appeal stage. Where the Deputy Chair is
also a Head or deputy to the Head of Faculty, he or she is not excluded from acting in the
capacity as HF/DHF working in consultation with the SAAC Chair to consider appropriate,
individual appeal cases.
9.
(d)
If the SAAC Chair/Deputy Chair is ineligible or unavailable to act in respect of an individual case, the
Vice-Chancellor and Warden, the Deputy Vice-Chancellor or a Pro-Vice-Chancellor shall designate a
senior member of the University to serve as SAAC Chair/Deputy Chair for that particular case.
(e)
The SAAC Chair/Deputy Chair and the Head of Faculty or deputy to the Head of Faculty may consult
as they deem appropriate.
(f)
If the appeal is disallowed, the Chief Operating Officer (Registrar) shall inform the student of the
decision in writing, enclosing a copy of the student’s SAAC file. The student shall also be told that
he/she may take the matter to the Office of the Independent Adjudicator (OIAHE) within three months
of the issue of a completion of procedures letter by the University.
(g)
If the OIAHE rules that the appeal should be considered by the SAAC, the Committee must meet in
accordance with these procedures, chaired by a senior member of University staff, normally a ProVice-Chancellor, who has not been previously consulted about or involved in the matter.
(h)
If SAAC Chair/Deputy Chair and HF/DHF allow the appeal it shall be forwarded to the SAAC for an
oral hearing, unless in view of the particular circumstances of the case, the Chair/Deputy Chair
considers that appropriate action might betaken to deal with the situation.
(i)
If the SAAC Chair/Deputy Chair and HF/DHF consider the alternative action has not dealt with the
situation in an appropriate way, the appeal will then be forwarded to the SAAC for an oral hearing and
the student will be notified of this decision in writing..
(j)
If the Chair/Deputy Chair and HF/DHF believe that the alternative action has dealt with the situation
appropriately the appeal will have concluded. The University will issue a Completion of Procedures
letter advising the student that if he or she remains dissatisfied it is possible to complain to the Office
of the Independent Adjudicator within three months.
(k)
When the "appropriate action" taken by the Chair/Deputy Chair is to refer the appeal back to a Board
of Examiners, the HF/DHF shall attend the meeting of the Board of Examiners in an advisory capacity.
(l)
A guideline for complaints to the OIAHE will be issued with the University’s Completion of Procedure
letters.
7
MEETING OF THE SAAC
(a)
A meeting of the SAAC is normally held within six weeks (or twelve weeks if the period includes a
vacation or part of a vacation) of the decision that the appeal be considered by the Committee and the
student shall receive at least two weeks' notice of the meeting.
(b)
With the exception of the Chair/Deputy Chair of the Committee, any member of the SAAC who has
already been involved in the matter shall not sit on the Committee.
(c)
At the hearing the student shall have the right to:
i)
present his/her case in person, accompanied either by a member of staff of his/her choice (if
willing) or by another registered Durham student of his/her choice (if willing) or by a member of
staff from the Durham Students’ Union Advice Centre (if willing);
7 The Guideline is available on the web via http://www.oiahe.org.uk
25
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
ii) nominate a proxy, who should be a member of the University community, to attend and present
the case on the student’s behalf (if willing), if the student is unable for a valid reason to attend
in person. The meeting may proceed in the absence of the student or proxy provided that the
Chair/Deputy Chair of the Committee considers it reasonable to do so.
(d)
The Committee shall have the power to call and seek evidence from whomsoever it judges
appropriate.
(e)
Normally, those attending the Committee would include, as appropriate, the Head of the student’s
College and the Head of the student’s Department, the Chair of the relevant Board of Examiners, or,
in the case of a postgraduate research student, the relevant internal examiner or supervisor or
adviser.
(f)
A member of the University attending may be accompanied by a member of staff of his/her choice (if
willing).
(g)
At the hearing the student or his or her proxy shall be the first to speak to the SAAC. Anyone who is
present to accompany one of the participants in the appeal may speak to the Committee only with the
permission of the Chair//Deputy Chair.
(h)
All members of the SAAC considering the appeal, the appellant, or his or her proxy and those having
the right to attend, shall receive papers relevant to the case.
Note: The Committee shall not itself reach an independent academic judgement on the quality
of academic work in any cases of appeal against decisions of examiners, but may request the
appointment of fresh or additional examiners if a further opinion on the quality of a particular
piece of work or works is deemed necessary.
(i)
Having considered the evidence and taken such advice as may be appropriate, the SAAC shall issue
a written judgement, normally within four weeks.
(j)
If the SAAC decides to allow an appeal, it shall refer the matter back to an appropriate body within the
University for further consideration and action.
(k)
The University will issue a Completion of Procedure letter notifying the student of SAAC’s and hence
the University’s final decision on their case and of the right to complain to the OIAHE within three
months. A guidance note on complaints to the OIAHE will also be provided.
(j)
The SAAC shall submit a report to Senate if an important point of principle is to be determined, or in
individual cases as the SAAC judges appropriate.
26
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation VIII – Examinations
Notes:
1 The Major Offences listed in Section IV, 5 a) of the General Regulations include:
(i) Conduct, which, by whatever means, seriously disrupts or prejudices the work of other members or
employees of the University or the carrying out of University business;
(ii) Serious offence or offences in connection with degree, diploma or certificate examinations; (eg cheating
which includes, but is not restricted to cheating in University examinations, plagiarism, multiple submission
as defined in General Regulations VIII, falsification of results or evidence, use of unethical research
methods, collusion, impersonation, cheating in an examination).
A major offence may be punished by expulsion from the University.
2
References to the Examinations Officer are to the Examinations Officers of the University or their representative.
A. Examination Concessions
1.
If a student has been kept away from a University examination, by illness or other urgent causes, they may apply
for a concession to allow them to take retake the examination without penalty. Application should be made to the
Department/College in the first instance.
B. Conduct of Examinations
Note: The following regulations apply to all University examinations irrespective of their location. Deviation from them
is permitted only when a specific concession has been granted.
1.
Any invigilator or other official entrusted with the duty of superintendence in a University examination may
immediately suspend or dismiss from an examination a candidate suspected of misconduct, but such action shall
be reported immediately to the Examinations Officer.
(Repeated behaviour such as may in the view of the invigilator prejudice the performance of other candidates will
be treated as misconduct.)
2.
Candidates shall observe the following rules:
(a) Candidates suffering from any disability, injury or illness requiring special examination arrangements
must ensure that they contact DUSDD before the end of the Epiphany term.
(b) Candidates suffering from injury or illness prior to the examination period must ensure that they inform
their College at the earliest possible opportunity.
(c) Candidates taken ill before an examination or absent from an examination through ill health must ensure
that a relevant medical certificate and serious adverse circumstances form is submitted without delay to
their Board of Examiners.
(d) Candidates who miss an examination for serious causes must ensure that their Board of Examiners
receives a written statement of the circumstances together with supporting evidence. (Candidates should
note that their misreading of the examination timetable will not normally be deemed a serious cause.)
(e) Candidates must bring with them to the examination room their Campus Card and produce it for the
invigilator on request.
(f) No candidates may leave the examination room until 30 minutes after the start of the examination unless
feeling unwell, at which time they should remain under the supervision of an invigilator.
(g) If at any time a candidate feels ill during an examination, the invigilator must be notified at once.
(h) Candidates may not leave an examination without the consent or acknowledgement of an invigilator.
(i) Personal effects are not allowed next to any candidate's desk. Invigilators are instructed to remove any
bags etc which candidates have at their desks.
(j) Candidates are strictly forbidden to introduce to the examination room, or otherwise arrange access
during the course of an examination to, any book, manuscript, loose papers or data of any kind (except
those that have been approved).
(k) The use of English dictionaries is not permitted for candidates registered for Durham awards unless they
are specifically allowed in the regulations for a particular examination.
(l) If departments are prepared to allow Erasmus or visiting students the opportunity to use a dictionary
during their examination this will be specified in the rubric of the paper, including information on the type
of dictionary permitted (normally a dictionary to translate into English).
27
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(m) The use of electronic calculators is not permitted in University examinations, except where specified in
the rubric of the examination paper. A list of approved calculators is held by each department.
(n) Taking information stored in the memory of a calculator into an examination unless specifically permitted
in the rubric for a particular examination paper, will be treated as cheating thereby constituting a major
offence under Section IV, 5 (a) (x) of the General Regulations of the University and an offence under
which an invigilator may immediately suspend a candidate or dismiss him or her from an examination see B 2 (j) above.
(o) Candidates are strictly forbidden to communicate with anyone except the invigilator during the
examination, or to copy from one another.
(Aiding or attempting to aid another candidate or obtaining or attempting to obtain aid from another
candidate will be treated as serious misconduct.)
(p) Answers to questions should be written legibly in ink. Any handwriting which the examiner is unable to
decipher may not be marked.
(q) Candidates must not take any examination materials, used or unused, including scrap paper, out of the
examination room other than the materials brought to the examination.
In particular no answer book may be taken from the examination room under any circumstances. Any
script, or portion of a script, which is removed from the examination room, whether inadvertently or
otherwise, will not be marked. A candidate in possession of an answer book will be liable to severe
disciplinary action.
(r) A candidate who does not wish to hand in an answer book at the end of the examination MUST report
the fact to the invigilator.
(s) Candidates who are ill during an examination or arrive after the examination has started will not be
allowed any extra time. The details of their last arrival, or the duration of any break owing to illness, will
be recorded by the invigilator on their answer book.
C. Plagiarism
In formal examinations and all assessed work prescribed in degree, diploma and certificate regulations, candidates
should take care to acknowledge the work and opinions of others and avoid any appearance of representing them as
their own. Unacknowledged quotation or close paraphrasing of other people's writing, amounting to the presentation
of other persons' thoughts or writings as one's own, is plagiarism and will be penalised. In extreme cases, plagiarism
may be classed as a dishonest practice under Section IV, 5 (a) (x) of the General Regulations and may lead to
expulsion. The facilitation of plagiarism through publication may also be classed as a dishonest practice under
Section IV, 5 (a) (x) of the General Regulations and may lead to expulsion. (See also General Regulation X,
Intellectual Property Rights).
Any student work may be uploaded to a plagiarism detection system, such as that operated by JISC, at the discretion
of the Department concerned if plagiarism is suspected. The system may also be used routinely to screen work for
plagiarised text: for this purpose students are required to sign a declaration at registration authorising the uploading of
their work onto the system.
D. Multiple Submission
(a) The University defines multiple submission as the inappropriate submission of the same or substantially
the same work of one's own for summative assessment, in connection with an academic award.
(b) Multiple submission will be penalised. In extreme cases, multiple submission may be classed as a
dishonest practice under Section IV, 5 (a) (x) of the General Regulations and may lead to expulsion.
(c) Any student work may be uploaded to a plagiarism detection system, such as that operated by JISC, at
the discretion of the Department concerned if multiple submission is suspected. The system may also be
used routinely to screen work for multiple submission: for this purpose students are required to sign a
declaration at registration authorising the uploading of their work onto the system.
28
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation IX – Conferment of Degrees and Payment of Charges
A:
Conferment of degrees, diplomas and licences; wearing of academic dress
1.
No students are entitled to describe themselves as holding a degree of the University until it has been
conferred upon them in Congregation either in person or in absentia.
Where a degree, diploma or licence is conferred upon any person who is reported under the authority of the
Vice-Chancellor and Warden, the Deputy Vice-Chancellor or a Pro-Vice-Chancellor as being in default in
regard to his or her financial obligations to the University, the proof of degree, diploma or licence shall be
withheld until such time as these obligations have been met.
2.
Undergraduate diplomas and certificates of the University shall be deemed to have been conferred on the
date of issue of the official pass list announcing the award and their holders may describe themselves as
possessing the relevant qualification from that date.
3.
It is the custom under normal circumstances for all students to wear gowns at the Matriculation Ceremony.
However, students will not be prevented from attending the ceremony if they are unable to procure a gown.
It is recommended that members of the University attending services in the Cathedral should wear gowns.
Students shall wear academic dress at Congregation and as prescribed by notice from the Vice-Chancellor
and Warden or from the Head of College or Society to which the student belongs.
B:
Payment of Charges
1.
Students are required to pay all charges owing to the University by the due date. This includes tuition fees,
rent, other college bills and other payments including library fines. Students who fail to make such payments
8
by the due date will be in debt to the University.
2.
Debts may not be carried from one term to the next within an academic year without the written agreement
of the Head of House following consultation with the Chair of Education Committee or his delegate.
3.
Students with a debt to the University will not be allowed to attend Congregation. The degree will be
conferred in absentia. Pass lists will be issued for undergraduates and postgraduates in debt to the
University but such students will have their parchments withheld until the debt has been cleared.
4.
Tuition fees/Residence charges/battels/rents are charged termly and are due 30 days from the start of the
Michaelmas Term and 14 days from the start of the Epiphany and Easter Terms. Any other arrangement is
at the discretion of the Head of House concerned and/or the Chief Financial Officer (Treasurer) of the
University.
5.
A student who fails to pay charges owing to the University by the date may incur an administrative charge
and will be reminded in writing to settle the debt on a maximum of three further occasions at 14 day intervals
until the end of term. If the debt has not been paid by the end of the term the Head of House will inform the
Chair of the Education Committee or his delegate (for full-time and part-time undergraduate students and
full-time-postgraduate students) who may require the student to withdraw from the University. In the case of
part-time postgraduate students the Chief Financial Officer (Treasurer)’s Office shall inform the Chair of the
Education Committee or his delegate who may require the student to withdraw from the University.
6.
Students taking a period of time out of residence by concession will not be permitted to return to the
University if any debt has not been settled.
7.
Where the University terminates an applicant’s application prior to the programmes start date or requires a
student to withdraw following the termination of their registration under the terms of University’s Notification
of Academic and Personal details for Admission, Matriculation and Registration Regulation the University
may retain any fees and paid by or on behalf of the applicant/student.
8 Detailed procedures for payment of charges and information on exceptional circumstances in which refunds might be paid for
some programmes, are available form the University Chief Financial Officer (Treasurer)’s Office
29
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation X – Intellectual Property Rights
A.
Academic work with Commercial Potential
In connection with their academic studies or research, students may become involved in work with commercial
potential.
The Council of the University retains the right to require any student to assign his or her interests in any valuable
rights arising from the financial exploitation of any work with commercial potential. It is, however, the policy of the
University to encourage such work and to ensure that whenever the terms of the grant or contract so permit any
financial rewards are appropriately and equitably shared with those responsible for the work and/or with those
responsible for directing the work and/or with those responsible for its exploitation.
Students shall in such circumstances be required, in conjunction with their supervisor, or the member of staff directing
their studies:
(a) To ensure that the Chief Financial Officer (Treasurer) of the University is notified in writing of any device,
materials, product or process, computer software or other result developed or obtained in the course of
their academic work which it is considered might have commercial significance, whether patentable or
not.
(b) To ensure that the notification takes place in good time before publication or other disclosure and to
withhold publication for a limited period if required to do so by the Council of the University.
It is the University's policy that all results shall be published. Delay in publication will only be required when it is
necessary to secure patent rights or where the prior permission of the body which funded the work in question is
required.
B.
Written Work
The intellectual property rights of any work (not covered by A above) produced by any student in the course of his/her
study rest with the University. This includes examination scripts, summative and formative coursework and projects or
dissertations. The University will not normally exercise those rights to prevent the publication of such work, thus
allowing the student to publish his/her work freely whether for profit or not. However, the University will assert its
rights over the work to prevent publication where it deems publication to be unethical and/or likely to promote improper
use of the work and/or to bring the University into disrepute, for example by promoting or facilitating plagiarism
through the process of publication.
30
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation XI – Motor Vehicles and Pedal Cycles
(Durham is a comparatively small city and the parking and garaging facilities which it offers are limited. The proportion
of students to the total population is exceptionally high and the streets, for the most part, are exceptionally narrow.
The University has neither the space nor the finance to enable it to make adequate provision for parking or garaging
facilities for more than a very small proportion of students and staff. University policy is therefore to strongly
discourage unnecessary usage of motor vehicles by students within the city, and to work towards restricting
student parking to those students who exceptionally are required to have access to their own vehicle as part
of their academic programme.)
*1. A student who keeps or uses a motor vehicle in Durham City must conform with the regulations for the parking of
vehicles on University or College property which may be issued from time to time by the appropriate authorities.
*2. No student may leave a motor vehicle overnight on Palace Green or any other University or College car park
without written permission from the appropriate University or College authority. It should be noted that limitations
of space will normally make it impossible for the appropriate authorities to grant such permission except in a very
small number of cases.
3.
Every student of the University who lives within the designated area of Durham City and who keeps or causes to
be kept for his/her use, any motor vehicle must obtain a University Motor Licence issued on the authority of the
Deputy Warden on the written recommendation of the Head of their College or a duly appointed deputy.
a)
To be eligible for the granting of a licence, a student must be:
i)
A graduate living in College, or
ii)
An undergraduate living in College accommodation who has exceptional individual
special needs such as medical need or need related to academic work, or
iii)
An undergraduate living in College who will use the vehicle for the agreed purposes
of a University Department, or a University or College club or society.
iv)
A student living out of College provided that no more than two licences will be issued
to a single residential address. The issue of a licence will be subject to any other
parking restrictions operating in the area in which the car will be parked or garaged.
Please note: an undergraduate student in his/her first year of study will not normally be eligible for
the granting of a licence except in circumstances covered in (ii) above.
b)
Applications for a licence must indicate what parking or garaging facilities are intended which shall
be to the satisfaction of the Deputy Warden.
c)
An application for a licence must be made no later than seven days after the vehicle being brought
into the designated area. Once granted, a licence shall be valid until the end of the current academic
year.
d)
The issue of a licence will be conditional on the person to whom it is issued being able to provide
relevant documentation to the Deputy Warden, to include a current insurance policy document,
vehicle registration (VIN) document and driver’s licence.
e)
The issue of a licence does not in itself constitute permission to park on any land controlled by the
University for which a separate permit will be required. This includes Palace Green. Such permission
will only be granted when a specific need is identified. Vehicles entering on to University property
shall be subject to any additional regulations (eg wheel clamping) as are advertised from time to
time.
f)
Breaches of regulations may lead to the imposition by the relevant Head of College of fines not
exceeding levels to be determined annually by Council for first and subsequent offences.
Note: The maximum fine for failing to licence your vehicle is £50 for a first offence and the maximum
fine for any subsequent offence will be £100.
g)
These regulations do not apply to the short-term hiring of motor vehicles or the receiving of driving
instruction.
h)
A student who intends to drive a group transport vehicle, or to tow a trailer as part of an activity
organised through or by the University (including its Colleges, Departments and Student
Organisations), must comply with relevant sections of the University Health and Safety Manual and
meet the requirement for the Approval of Drivers.
31
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
i)
For the purposes of the above sections:
i)
The Deputy Warden may, on behalf of Council, appoint an appropriate person to
administer and control the issuing of licences within these regulations.
ii)
The “designated area of Durham City” will be defined from time to time and shall be
specified areas within a 5-mile radius of Durham Cathedral, within which the Deputy
Warden, in consultation with the President of Durham Students’ Union, deems it
convenient to travel on foot or by public transport.
iii)
Land controlled by the University and University property will be taken here to include
land and property owned by the Recognised Colleges of St Chad’s and St John’s.
4.
Interference with any barrier, bollard or sign on University property relating to the control of vehicle parking, or
damage thereto, will be regarded as a breach of these regulations.
5.
(a) Breaches of regulations may lead to the imposition by the appropriate University authority of fines
not exceeding levels to be determined annually by Council for first and any subsequent offences.
(b) With respect to breaches of these regulations occurring on University property, such fines may be
imposed before a wheel clamp is removed from the vehicle whose driver has not observed the
University's parking regulations. Permission to bring a motor vehicle on to University or College
property at any time may also be withdrawn temporarily or permanently.
Note: The maximum fine for a first offence other than a Residential Vehicle Licensing Offence will be
£50 and the maximum fine for any subsequent offence will be £100.
6.
Cycles brought onto University property must not be left in a position where they are likely to create a hazard,
obstruct other vehicles or pedestrians, or access to buildings; nor must they be taken inside any University
building. In the event of a breach of this regulation the University reserves the right to remove the offending cycle
(including removal of any locking device) and to impose a fine not exceeding a level to be determined annually by
Council upon the owner before he or she is again allowed to take possession of the cycle.
Note: The maximum fine will be £50.
7.
For the purpose of the above sections "the appropriate authorities" shall be as prescribed from time to time by
Council. Until further notice they shall be as follows:(a) For all College property: the Head of College concerned, or a duly appointed deputy.
(b) For all other University property: the Director of Estates and Buildings or his/her Deputy.
The above authorities may from time to time prescribe such additional regulations as they shall see fit for the
control or the use or parking of motor vehicles in the areas for which they are responsible.
(c) In other cases: the City Liaison Officer or, in his or her absence, a Pro-Vice-Chancellor.
*Separate regulations on motor vehicles and pedal cycles apply to students at the Queen's Campus, Stockton.
32
GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation XII – Regulations for the Use of University IT Facilities
I. Preamble
‘Regulations for the Use of University IT Facilities’ refer to the conditions under which members of the University are
allowed to use computing equipment and stored information belonging to or held by the University and its members,
and in addition govern the way in which access is authorised to computer systems outside the University. Members of
the University include all staff of the University and the Recognised Colleges, the Sabbatical Officers of the Durham
Students’ Union (Durham Students’ Union) and Common Rooms, and all students.
Additional regulations may apply to specific services available in CIS and elsewhere. Regulations for the use of these
services will be stated by the relevant IT provider (eg CIS, academic department, college)
II. Definitions
In these Regulations of the University for the Use of University IT Facilities, the following expressions shall have the
meaning assigned below, unless the context requires otherwise:
(a)
"IT Facilities" includes inter alia personal computers whether desktop or portable, workstations, servers,
mini and mainframe computers, computer peripherals, networks, data communication lines and
equipment, telephone lines and equipment used for data communications, computer software and
information stored in computer systems and all databases and other computer-based information
systems. “University IT Facilities" includes all the IT Facilities that are owned, hired by, outsourced to or
otherwise possessed or controlled by the University. The expression also includes all the IT Facilities
that are provided for the use of members of the University by other organisations as a result of a contract
or other arrangement with the University.
"Authorised user" means a user who is registered with the Authorised University Officer responsible for a
particular IT Facility or set of facilities to use that facility or set of facilities for a particular purpose or
purposes, and "authorised use" shall be interpreted accordingly. Users who use the IT Facilities solely for
the purpose of accessing publicly available data shall be considered authorised users for that purpose
only.
(b)
"Commercial usage" is defined as any activity employing the University IT Facilities or any software
supplied by or through the University for potential monetary gain, whether that gain is for the University or
for an individual or group of individuals.
(c)
"Data Protection Legislation" means the Data Protection Act 1998 and all subordinate legislation and
regulations made there under.
(d)
"Misuse" of an IT Facility is any use of that facility which constitutes a breach of these regulations or of
any additional rules for the use of that facility laid down by the appropriate Authorised University Officer
and includes the use or attempted use of a facility (other than publicly available data) by a person who
has not been given permission to use that facility or the use of a facility for a purpose for which
permission has not been given. Modest personal use of an IT facility will not constitute misuse under
these regulations.
(e)
"Password" means the secret string of characters allocated to, or chosen by a user, that is used to gain
access to University IT Facilities.
(f)
“Authorised University Officer” means any authority so defined in the General Regulations of the
University, and anyone so designated for the purposes of these regulations by the Chief Operating
Officer (Registrar).
(g)
"Publicly available data" means all information made available via University IT Facilities both to
Members of the University and to external users by means of a public network such as the Internet or the
World Wide Web.
(h)
"Regulations" refer to these conditions under which members and employees of the University and others
are permitted to have access to and to use any facilities belonging to or held by the University and its
members, and in addition govern the way in which access is authorised to IT Facilities outside the
University.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(i)
"Transmit" means to transfer any form of data over the University’s data network or over any other
network that is accessible from the University’s network.
(j)
"User" means any natural or legal person using or attempting to use University IT Facilities, whether
authorised or not, and the word "use" shall be interpreted accordingly.
(k)
"User name" means the identification given as part of the authorisation procedure that allows an
authorised user to access a particular IT Facility. Normally a password is used with the user name to
provide secure access to an IT Facility.
III. Use and Misuse
(a)
Members of the University and other natural or legal persons may use a University IT Facility provided
they are authorised users. Authorised use shall be on such terms and conditions, which may include
charges, as the Authorised University Officer may determine, and will take the form of registration.
(b)
The University IT Facilities are provided for the academic work and normal University duties of members
of the University. Any other use, and in particular use for commercial gain, requires the explicit, prior
permission of the relevant Authorised University Officer.
(c)
To comply with these Regulations, an authorised user of a University IT Facility shall:
(i) Comply with applicable legislation and case law. The schedule of these Regulations sets
out a non-exhaustive list of legislation which has been shown to be relevant to the use of
IT Facilities.
(ii)
Have regard to any other Code of Practice or procedures approved by Senate and
Council and in particular to any listed in the Schedule to these regulations.
(iii) Comply with any University Regulations approved by Senate and Council.
(iv) Comply with any regulations made by Colleges and Boards of Studies or other
recognised authorities under these Regulations.
(v) Adhere to the terms and conditions of all licence agreements relating to University IT
Facilities which they use including software, equipment, services, documentation and
other goods.
(vi) When processing personal data ensure full compliance with all obligations under the
Data Protection Legislation. The University maintains a general notification under the
current legislation that should cover most data used for academic purposes, but users
are responsible for ensuring that any particular use of personal data complies with the
Data Protection Legislation and any other relevant legislation, and notwithstanding this
obligation, must consult the University’s Data Protection Officer.
(vii) Have primary responsibility for the security and back-up of their work and data.
(viii) Exercise due care and consideration for the interests of the University and other users,
including the efficient use of consumables and other resources. In particular, they shall
not engage in deliberate activities with the following characteristics:

Misuse of IT Facilities;

Corrupting or destroying other users' data;

Violating the privacy of other users;

Disrupting the work of other users;

Using the network in any way which denies service to other users;

Continuing to use an item of software or hardware after receiving a request to
cease from the Authorised University Officer;

Wasting support staff effort;

Wasting IT resources, including wasting time on an IT Facility;

Any activity infringing or being capable of infringing the Data Protection
Legislation or any other relevant legislation.
(d)
No person, whether knowingly or negligently, shall:
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
(i)
Use another’s Username and Password to access an IT Facility.
(ii)
Allow another person to use any Username issued to them to access an IT Facility.
(iii) Log in to an IT Facility and then leave the IT Facility unattended and usable by some
other person.
(iv) Distribute to a third party software, the whole or any part of which, is subject to copyright
without the express written permission of the copyright owner.
(v) Decompile or otherwise reverse-engineer software without the written permission of the
copyright owner, or attempt to do so.
(vi) Create, access, download, store, process or transmit any indecent, obscene,
pornographic, racist, or otherwise offensive data, images or other material promoting
incitement or intolerant behaviour of any nature or otherwise offensive images, data or
other material, or any data capable of being resolved into such images, data or other
material. An authorised user may make a written request to the Authorised University
Officer for permission to have this clause of the Regulations waived for properly
supervised and lawful research purposes and in accordance with legal access permitted
under the appropriate legislation. Such a written request must in every case be made
before any of the above acts are undertaken by the user in question.
(vii) Use University or other IT facilities to create, access, download, store, process or
transmit, by whatever means, (including the internet and social networking sites) any
material, data or images:

that promote, or are capable of being resolved in such a form so as to
promote, incitement or intolerant behaviour or that promote or incite
intolerance of any nature or that are indecent, obscene, pornographic, racist,
or defamatory. [Note An authorised user may make a written request to an
Authorised Officer for permission to have this clause of the regulations
waived for properly supervised and lawful research purposes and in
accordance with legal access permitted under the appropriate legislation.
Such a written request must in every case be made before any of the above
acts are undertaken by the user in question];

that is designed or is likely to cause annoyance, inconvenience or needless
anxiety to another;

that infringes the intellectual property rights of another person or
organisation;

that is unsolicited commercial or advertising material;

that affect or have the potential to affect the University’s reputation
(viii) Facilitate, encourage or allow deliberate unauthorised access to facilities or services
accessible via the network.
(ix) Reveal their Password to any person not authorised by the Authorised University Officer
to receive it.
(e)
Where resources such as machine time or filestore space are regulated by the grant of allocations, it will
be a breach of these Regulations to use such resources without such an allocation having been granted
or when an allocation has lapsed or been fully used. Such allocations may neither be used by other
individuals or groups nor be transferred to users other than those to whom they were originally given
without the approval of the Authorised University Officer.
(f)
For the purposes of these Regulations, where University IT Facilities are used to access remote IT
Facilities, those remote facilities shall be deemed to be University IT Facilities. Users who use networks
and remote IT Facilities shall obey both the University of Durham Regulations and any applicable
Regulations for the remote facilities. It is the responsibility of the individual making use of remote IT
Facilities to ensure that all applicable regulations are known and observed.
(g)
A breach of any regulations related to the use of University IT Facilities will be regarded as a breach of
these Regulations. In the event of any conflict with regulations made by an Authorised University Officer
under III(c)(iv) these Regulations take precedence.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
IV. Commercial Usage
(a)
(b)
(c)
(d)
Subject as otherwise expressly indicated, the University IT Facilities and software supplied by or through
the University are for educational use only. If any work is to involve commercial usage of the IT Facilities,
this fact must be notified to the Authorised University Officer before any use is made of the facilities for
such work. Whether or not the individual(s) concerned are authorised to use these facilities for
educational purposes, further authorisation is required before commercial usage can commence, and an
appropriate rate of charges must be agreed by the Authorised University Officer.
Where IT Facilities are to be used in connection with research grants, short courses or contracts involving
specific provision for computing costs, this fact must be communicated to the Authorised University
Officer and an appropriate rate of charges must be agreed before such utilisation may commence.
Any software, process or other invention developed by a member of the University using University
IT Facilities must not be commercially exploited without the prior consent of the University. Students are
referred to the General Regulation X and staff to the terms and conditions of their appointment.
(Commercial usage of software supplied under “educational use only” agreements is permitted only if
explicit written approval has been obtained from the supplier of the software and, consequentially, without
such express authorisation, such use will be a Misuse under the terms of these Regulations).
V. Publicly Available Data
Use of the University IT Facilities for the provision of publicly available data shall be subject to such technical and
editorial conditions as, after consultation with the IT Steering Group, the University Director of IT may impose in the
interests of security and the good name of the University.
VI. Disclaimer
The University undertakes to provide and operate its IT Facilities with reasonable care and skill. However, the
University accepts no liability for any loss or damage a user may suffer from any failure or malfunction of the
University IT Facilities or any parts thereof.
VII. Penalties and Sanctions
(a)
In the case of misuse or breach of these regulations the Authorised University Officer responsible for a
particular IT Facility or set of IT Facilities may take action in one or more of the following ways:
(i)
deal with the case as provided for in the Regulations made by that Authorised University
Officer (see III(c)(iv) above), which may include a withdrawal of facilities, a fine and a
requirement to pay compensation;
(ii)
refer the case to the relevant University disciplinary bodies, to be dealt with in
accordance with the approved procedures;
(iii) refer the case to the Chief Operating Officer (Registrar) for a decision on whether
criminal or other legal proceedings should also be instituted.
(b)
A serious breach will be treated as a major offence. A major offence as defined in General Regulations
IV Discipline 5(a) broadly involves behaviour that either does or has the potential to cause serious
damage to the University, its staff and other students and, as such, may include but is not restricted to
the following examples of offences:

offences against the criminal law

conduct which brings the University into serious disrepute by causing serious reputational
damage.
(c)
An appeal by a user who is a member or employee of the University against a penalty or sanction
imposed by a University body under these Regulations shall be made in accordance with the relevant
University appeal procedures.
(d)
If, as a result of misuse of University IT Facilities, an individual causes the University to be involved in
legal action, the University reserves its right to take consequential action against the said individual.
Schedule
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
The applicable legislation referred to in III (c) (i) includes the versions of the following statutes and statutory
instruments that are currently in force, together with all subordinate legislation and regulations made there under:
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The Computer Misuse Act 1990
The Copyright and Rights in Databases Regulations 1997
The Copyright, Designs and Patents Act 1988
The Criminal Damage Act 1971
The Criminal Justice Act 1988
The Criminal Justice and Public Order Act 1994
The Data Protection Act 1998
The Defamation Act 1996
The Design Right (Semiconductor Topographies) Regulations 1989
The Electronic Communications Act 2000
Health and Safety at Work Act 1974
The Human Rights Act 1998
The Offences against the Person Act 1861
The Obscene Publications Acts 1959 and 1964
The Protection of Children Act 1978
The Patents Act 1977
The Public Order Act 1986
The Regulation of Investigatory Powers Act 2000
The Telecommunications Act 1984
Freedom of Information Act 2000
Terrorism Act 2006
Police and Justice Act 2006
Disability Discrimination Act 2006
The current Codes of Practice referred to in III (c) (ii) include without limitation to the generality:



Code of Conduct for Use of Software and/or Computer Readable Datasets
Code of Conduct for Use of IT Service Public Facilities
Code of Conduct for Handling Personal Data Using Information Technology Systems.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
General Regulation XIII – Library Regulations9
I. The Use of the Library
1. There are two categories of Library user, those who may borrow books (borrowers) and those who may use the
Library for reading and reference only.
2. The following persons may borrow books from the Library:
(a) Matriculated undergraduate and postgraduate students of the University;
(b) Members of staff of the University;
(c) Members of any Statutory body in the University;
(d) Members of the Cathedral Chapter;
(e) Other employees of the University and its Colleges, at the Librarian's discretion;
(f) Members (other than full-time undergraduate students) of the SCONUL Access scheme
(g) In the Education and Queen’s Campus, Stockton libraries only, approved local teachers;
(h) Graduates of the University. (A charge is made for this.);
(i) Persons on whom special borrowing rights have been conferred by the Librarian. (A charge may be
made for this);
3. The Librarian may admit other persons to use the Library for the purposes of reading and reference only.
4. The Librarian may refuse other persons admission or readmission to the Library.
5. All users may be required to register on first being admitted to the use of the Library.
6. Campus cards are issued to all regular registered users. The campus card may be used only by the person to
whom it is issued and whose name appears on it.
7. Campus cards should be carried on all visits to the Library and must be produced each time books are
borrowed.
8. Users must report lost or stolen campus cards to Computing and Information Service staff immediately.
Campus cards may be replaced on payment of a fee determined by the Computing and Information Service.
9. Students should notify any change of term-time or vacation address via the online enrolment system. All other
users should inform the Library of change of address.
II. Borrowing
1. Certain material such as books and manuscripts from the Special Collections and works of reference may only
be borrowed with the permission of the Librarian. Some material is confined to the Library and may not be
borrowed.
2. The loan period of certain categories of material may be restricted.
3. A separate loan record must be made for each book borrowed. The borrower remains responsible for each
book borrowed until the loan record is discharged.
4. Borrowers may not have on loan at any time more books than the borrowing limit for their category of borrower
as determined from time to time by the Library Steering Group and published in the Library. In special cases,
permission to borrow additional volumes may be given by the Librarian.
5. All books must be returned or renewed on or before the due return date (or, for Short Loan items, by the due
return time), or returned by the revised date as noted in a recall notice.
After a book has been in the possession of a borrower for one week, it may be recalled for use by another user.
Books are subject to recall in vacation as well as in term.
9 a)
b)
‘Library Regulations’ refer to the conditions under which members of the University and others are allowed to use the
Library.
Within these regulations the terms "book" and "books" are defined as including both books and all other library materials
(eg periodicals, microforms, audio-visual materials etc.).
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
7. A borrower who fails to return a volume when it is due or when requested to do so by the Library shall be liable
to a fine which will increase if the offence is prolonged. The rates of fines shall be determined from time to time
by the Library Steering Group and published in the Library.
8. If fines accumulate to a level determined by the Library Steering Group, borrowing privileges will be suspended
until payment is made.
9. Any borrower who marks, damages, loses or wilfully refuses to return a book or has the book stolen whilst on
loan, will be sent an invoice for the cost of replacement, fines due and a handling charge. The fines and
handling charge will be charged whether or not the book is eventually returned.
10. Borrowers must return all books borrowed by them and pay any outstanding fines or charges before finally
leaving the University. Students who are not in good standing with the University are not permitted to
congregate.
11. The Librarian shall recall for inspection all books borrowed by staff at such times as the Librarian may decide.
III. General
1. Silence must be kept at all times in all the reading areas of the Library except in areas explicitly designated for
group study.
2. Copyright material, whether part of the Library's stock or not, may only be copied by or on behalf of Library
users in accordance with the law.
3. Material in the Special Collections, and other material liable to strain or damage, may only be copied at the
Librarian's discretion, and normally such copying may only be carried out by Library staff.
4. The Library reserves the right to inspect what is brought into the Library by Library users and what is taken out
of the Library.
5. Personal belongings may be brought into the Library at the Librarian's discretion, and at the user's own risk.
The Library cannot be held responsible for loss of, or damage to, personal property.
6. Electrical sockets in the Library must not be used for personal equipment, other than personal computers,
without the express permission of the Librarian.
7. Readers using their own laptop computers for academic purposes in the Library do so at their own risk. Laptop
computers must be used at desks immediately adjacent to power sockets, so as to avoid trailing electrical
cables. Laptop users may be asked to move to another location in the Library, or to stop using the laptop
computer altogether, if other Library users are inconvenienced.
8. Mobile telephones must not be used in the Library except in designated areas and must be switched off so as
not to disturb other readers.
9. Smoking and the consumption of food and drink in the Library is prohibited.
10. Illicit removal of Library materials and deliberate damage to or defacing of Library materials are serious
disciplinary offences which shall be reported to the Librarian, who may seek compensation for damage incurred
and/or initiate disciplinary procedures.
11. Readers may not introduce into the Library articles (such as food, drink, bottles of ink) which are likely to
damage books or equipment and shall be liable to pay compensation in respect of any damage caused.
12. Seats may not be reserved for prolonged periods. Library staff may clear away any personal property left on
tables in order to make seats available to other readers.
13. Readers must leave the Library before closing time and may be asked to vacate their seats at any time after the
final announcement of closing.
14. All members of the Library staff are empowered to enforce discipline in the Library.
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GENERAL REGULATIONS OF THE UNIVERSITY OF DURHAM 2013/14
IV. Penalties
1. All users who are admitted to the Library undertake to observe Library rules and regulations.
2. The Librarian shall at all times have authority to maintain good order in the Library and may exclude from it or
suspend from its use any reader who infringes the regulations or rules.
3. Infringements of the regulations or rules and offences against good behaviour in the Library shall render users
liable to fines or other penalties, including exclusion from use of some or all Library services, which may be
imposed by the Librarian, or, if appropriate, under the relevant University discipline procedure. A serious
breach of library regulations will be treated as a major offence as set out in General Regulation IV 5(a), where it
is defined broadly as behaviour that either does or has the potential to cause serious damage to the University,
its staff and other students As such, it may include but is not restricted to the following examples of offences:

serious instances of disorderly conduct

theft or fraud in connection with library accounts or property.
4. On occasions University students may, by virtue of their status as members of the Durham University, be given
privileges to use other libraries, including the British Library and other university libraries. Any alleged offence
caused by University students when using such facilities, which is reported by another library to the University
Librarian for disciplinary action, shall be referred to the Librarian who may impose a fine or other penalty
appropriate to the gravity of the offence on the University student at their discretion, but shall not impose any
further penalty in cases where it is believed that the disciplinary action already taken by the library in question is
sufficient punishment for the offence.
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