Student Misconduct Regulations
These regulations set out how the University will act when it receives an allegation of misconduct involving a student/students of Queen Margaret University.
All students of the University are subject to the jurisdiction of the Principal in respect of their studies and their conduct. The jurisdiction of these regulations extend to matriculated students studying at Queen Margaret University Edinburgh.
Allegations laid against students registered at partner institutions are subject to separate but equivalent arrangements, as set out in the relevant Memorandum of Agreement.
It is a condition of entry to the University that students shall abide by the rules, regulations and policies of the University. Under this code the University has the power to enforce any of the outcomes prescribed in these regulations, including suspension and expulsion.
1.1 Students will be invited and encouraged to participate in all meetings under these regulations. However, the University may proceed in a student’s absence, subject to the student having appropriate notification of the details of the meeting or hearing.
1.2 In some circumstances, students may attend meetings via online means. Requests for online attendance must be made in advance of a meeting or hearing, and will be considered on a case-by-case basis.
1.3 The University will endeavour to adhere to the time limits within these regulations and to resolve matters in a timely manner, but there may be circumstances where this is not possible. The student will be informed of any delays and the reason for them.
1.4 The University may postpone matters at any stage of these regulations and reconvene later. Reasons for postponing will be clearly communicated to the student.
1.5 The student may request matters are postponed at any stage of the proceedings. A granting of a postponement will be at the discretion of the member of staff convening the meeting or panel.
1.6 The standard of proof will be the civil standard of proof i.e. on the ‘balance of probabilities’ the allegation is more likely true than not true.
2.1 Any student involved in procedures under these regulations will be entitled to be accompanied by a person at any meeting or hearing.
2.2 An individual accompanying a student will be a member of the University Community. This means that they are a QMU student or staff member, or a member of the QMU Students’ Union staff. The supporter may attend only in that capacity i.e. to provide support. The supporter may not speak on the student’s behalf, answer questions for the student or interrupt proceedings. Legal representation is not permitted under these regulations.
2.3 Students who require additional support should contact the University in advance of any meeting to arrange appropriate support. Additional support persons will be considered on a case-by-case basis.
3.1 Misconduct is defined as:
(a) Improper interference with the functioning or activities of the University, or of those who work or study in the University; or
(b) Action which otherwise improperly damages the University or its reputation.
3.2 In particular, the following shall constitute misconduct, whether occurring on University premises or elsewhere:
3.2.1 Conduct which constitutes a criminal offence.
3.2.2 Breach of a University policy, code or regulation.
3.2.3 Disruption of, or improper interference with, the academic, administrative, sporting, social or other activities of the University.
3.2.4 Obstruction of, or improper interference with, the functions, duties or activities of any student or member of staff of the University, or any visitor to the University.
3.2.5 Violent, indecent, disorderly, threatening, intimidating or offensive behaviour or language
3.2.6 Sexual, racial or other kind of harassment.
3.2.7 Distributing or publishing a notice or form of publication (e.g. poster) which is discriminatory, intimidating, threatening, indecent or illegal, including broadcasting and online distribution.
3.2.8 Fraud, deceit, deception or dishonesty in relation to the University or its staff, students, or visitors.
3.2.9 Theft, misappropriation or misuse of University property, premises, or the property of the University’s staff, students, or visitors, including computer misuse.
3.2.10 Damage to University property, or the property of the University's staff, students, or visitors, caused intentionally or recklessly.
3.2.11 Action likely to cause injury or impair safety on University premises.
3.2.12 Failure to respect the rights of others to freedom of belief and freedom of speech.
3.2.13 Actions which bring the University into disrepute.
3.2.14 Failure to disclose personal details or information to a member of staff of the University in circumstances in which it is reasonable to require that such information be given.
3.2.15 Cheating or plagiarism in academic course work or in examinations
3.3 Allegations of vexatious or malicious complaints may also be considered under these regulations.
3.4 Where a student is alleged to have committed misconduct as defined in s 3.2 and s 3.3, these regulations shall apply. The decision to investigate an allegation under these regulations under Stage 1 or Stage 2, will be determined by the nature of the allegation.
3.5 An allegation of misconduct may be identified as meeting the definition under s3.2 but may be investigated initially under another policy or procedure, including investigation at the programme level. The outcome of the investigation may result in the case moving to investigation under these regulations.
4.1 Where the University becomes aware, or is advised of criminal charges or a criminal conviction, not previously disclosed, it may initiate proceedings under these regulations.
4.2 Where alleged misconduct is also subject to a criminal investigation, the University may defer any internal proceedings until the police or courts have concluded on the matter.
4.3 If the criminal allegations are a serious offence or pose a risk to the University community or the wider community, a student may be suspended or excluded pending the outcome of a trial. Details of suspension and exclusion are included in Appendix 1.
4.4 A serious criminal offence is one that is likely to attract a custodial sentence if proved in a criminal court or one that can be tried as a criminal offence only at the High Court/Crown Court.
4.5 The University has the right to report any alleged criminal offence to the police. However, if a person reports to be the victim of a serious offence committed by a student, but does not wish the police to be involved, the Principal may agree not to report the matter to the police. In such circumstances the University will not normally proceed with internal disciplinary measures for the serious offence, although it may take disciplinary action over other related offences.
4.6 On conclusion of a criminal trial where the student has been convicted of a criminal offence, the University may proceed with internal processes where there are outstanding matters of concern to the University. In this case, the conviction in a criminal court shall be taken as conclusive evidence that the alleged offence has occurred and no further investigation by the University will be required.
4.7 On conclusion of a criminal trial and where the student has been acquitted, the University will take into account the decision of the court. The University will only proceed with internal processes following acquittal where there are outstanding matters of concern to the University.
5.1 Stage 1 of these Regulations may be invoked where a concern or complaint about the behaviour or actions of a student has been received and requires formal intervention; where local intervention has not been successful in addressing actions or behaviour, where the behaviour is repeated or the behaviour is severe enough to warrant direct referral to these regulations.
5.2 Concerns under this section of the Regulations should be made to the Legal Adviser. The Legal Adviser may dismiss any complaints where there is no case to answer.
5.3 The Legal Adviser may consult with the University Secretary and Dean to determine if there is a case to answer and if matters should be handled at Stage 1 or Stage 2.
5.4 The Legal Adviser may conduct an informal investigation to decide on whether there is a case to answer.
5.5 Where matters are to be handled under Stage 1, a meeting with the student will be arranged. This meeting will be convened by the Dean or a properly delegated individual. Any such individual will have had no prior involvement in the case under investigation.
5.6 A Stage 1 meeting provides the opportunity for the student to put their side of events across and any relevant mitigations before a decision on misconduct is made.
5.7 The student will have at least 14 days’ notice of any meeting and the student will be provided with full details of the allegations and any supporting evidence. Matters may be expedited, and a reduced period of notice given with agreement of the university and the Student.
5.8 The student will be given the opportunity to provide their own evidence ahead of the meeting. Any evidence should be submitted at least 7 days before the meeting unless alternative timings have been agreed.
5.9 The outcome of the meeting will be communicated to the student as soon as possible and no later than 48 hours after the meeting.
5.10 Examples of outcomes that are possible at this level are detailed in section 9 below.
5.11 An outcome will only be imposed if there is a finding of misconduct.
5.12 The student has a right to appeal a finding of misconduct as set out in Section 13 below.
5.13 The Dean may advise that the investigation proceed to Stage 2 where they consider that matters cannot be resolved appropriately or fully investigated through the Stage 1 process.
6.1 Where a concern about the behaviour of a student has been received and matters have not been resolved at stage 1 or the alleged behaviour meets the criteria, Stage 2 of these Regulations will apply.
6.2 Stage 2 allegations are considered by a Disciplinary Panel at a hearing.
6.3 Where the matter is dealt with at Stage 2 the University Secretary will appoint an Investigating Officer who will investigate the allegations and produce a report with their findings.
6.4 The purpose of the investigation is to establish a fair and balanced view of the facts relating to the allegations.
6.5 Once an investigation is initiated the student will be informed of the allegations against them and will be given the opportunity to present their side of events as well as any mitigations. The student will also be given the opportunity to present the Investigating Officer with any witnesses or evidence.
6.6 On conclusion of the investigation the University Secretary will appoint members to sit on a Disciplinary Panel.
6.7 One member, other than a student, will be appointed by the University Secretary to act as Convener. The Panel will have three or five members, at the discretion of the University Secretary. The members will normally include both a member of the academic staff of the University and a student officer of the University.
6.8 The University Secretary shall have regard to the need to ensure that all members of the Panel are impartial and have had no previous involvement with the matter. Care will be taken to ensure an appropriate balance in the composition of the panel.
6.9 The Legal Adviser will act as clerk to the Panel and will arrange for a note of the hearing to be taken.
6.10 The Panel may seek advice from a qualified lawyer.
6.11 The student will be invited to attend the disciplinary hearing and will be given at least 14 days’ notice of the date of the hearing.
6.12 The student will be provided with a fully copy of the investigation report at least 14 days before the hearing.
6.13 The Panel will rely only on evidence presented at the hearing. The deliberations and decisions of anyone previously considering the matter shall be irrelevant for the Panel's purposes.
6.14 The Panel will find a student guilty of misconduct only if, on the evidence before it, it is satisfied of the student's guilt.
6.15 If the members of the Panel cannot agree, the verdict of the Panel will be that of the majority of its members. Any decision of the Panel shall be based on the balance of probabilities.
6.16 Subject to the provisions of these regulations, the order of proceedings shall be at the discretion of the Panel. Members of the Panel may ask questions of any witness called before it. The Panel may ask for additional enquiries to be undertaken and may call for additional witnesses to attend.
6.17 If two or more students are allegedly involved in related misconduct, the Panel may at its discretion deal with their cases together.
6.18 The Panel shall have power to adjourn a hearing to another date, as it thinks fit.
6.19 If the Panel finds that there is no case for the student to answer, it must dismiss the allegation.
6.20 On conclusion of the hearing the Convener will write a short report. This will be issued to the student as soon as possible and no later than 7 days after the hearing.
6.21 Examples of outcomes that are possible at this level are detailed in section 9 below.
6.22 An outcome will only be imposed where there is a finding of misconduct.
7.1 Stage 1 Outcomes may include:
7.1.1 No further action is necessary.
7.1.2 A written or verbal communication is issued about the investigation.
7.1.3 A written warning is issued.
7.1.4 Escalation to Stage 2.
7.1.5 Referral to another university policy or process.
7.1.6 Requirement to pay a fine or a reasonable sum by way of compensation for identified and quantified loss.
7.1.7 Requirement to perform unpaid services for the University community to a maximum of 40 hours.
7.1.8 Imposition of a condition to prevent future re-occurrence of the behaviour eg additional training. If the conditions are not met, a penalty may be imposed following a further hearing.
7.1.9 Exclusion from defined areas of the University or defined activities for a defined period not exceeding 12 months.
7.1.10 Suspended from the University for a defined period not exceeding 12 months
7.2 Stage 2 Outcomes include:
7.2.1 Any stage 1 outcome and in addition;
7.2.2 Withdrawal or expulsion from the University.
8.1 Academic misconduct is defined as cheating or any attempt by a student to gain an unfair advantage in any assessment, including examinations.
8.2 Two findings may be arisen out of an investigation into alleged academic misconduct i.e. the evidence supports a finding of:
8.2.1 Poor Academic Practice.
8.2.2 Academic Misconduct.
8.3 Poor Academic Practice refers to unintentional low-level infringements of the General Assessment Regulations that may be interpreted as a lack of understanding on the part of the student.
8.4 Academic Misconduct includes but is not limited to infringements of the General Assessment Regulations that constitute:
8.4.1 Plagiarism
8.4.2 Collusion
8.4.3 Falsification
8.4.4 Examination room misconduct
8.4.5 Online assessment misconduct
8.4.6 Any other conduct in assessment which would give an unfair advantage to the student.
8.5 Further detailed definition of the above terms can be found in Appendix 2.
9.1 Academic Misconduct concerns are reported to the Head of Division. The Head of Division will consult with the School Manager or Dean of School to determine if matters are progressed under Stage 1 or Stage 2 of these regulations.
9.2 While matters are progressed under these regulations, a student may receive a 0 RP (result pending).
9.3 If it is determined that there is evidence of a case to answer, matters will progress to a Stage 1 meeting. This meeting will be convened by the Dean or a properly appointed delegated individual.
9.4 A Stage 1 meeting provides the opportunity for a student to have set out to them the allegation, and for the student to answer the allegation, and to provide any relevant mitigations before a decision on outcome is made.
9.5 The student will have at least 14 days' notice of any meeting, unless otherwise agreed by the Student and the University, and will be advised of the allegations and any supporting evidence.
9.6 The student will be given the opportunity to provide their own supporting evidence ahead of the meeting. This should be submitted at least 7 days before the meeting, unless an alternative timeline has been agreed.
9.7 The outcome of the meeting will be communicated to the student as soon as possible and no later than 48 hours after the meeting.
9.8 If there is a finding of academic misconduct, the Dean or delegated individual will make a recommendation to the Board of Examiners. The Board of Examiners confirms the mark.
9.9 Examples of possible recommendations under these regulations are detailed in section 13 below.
9.10 The student has a right to appeal a finding of academic misconduct as set out in Section 14 below.
9.11 The Dean may recommend that an allegation of academic misconduct proceeds to Stage 2 where the matter may not be resolved appropriately or fully investigated through the Stage 1 process, or the likely penalty, were the allegation proved, is reserved to Stage 2.
10.1 Stage 2 cases will be heard by a panel and follow the same process as detailed in Section 6 of these regulations.
10.2 Examples of possible outcomes that may be applied at this level are detailed in Section 12 below.
11.1 Stage 1 outcomes include:
11.1.1 Feedback provided on examination or assessment.
11.1.2 Required to undertake additional training or learning on good academic practice eg referencing.
11.1.3 Mark reduced as appropriate.
11.1.4 Recommendation to the Board of Examiners that the mark reduced to 0.
11.1.5 Recommendation to the Board of Examiners that the mark is capped at a pass ie 40% UG/50% TPG.
11.2 Stage 2 Outcomes include:
11.2.1 Any stage one outcome and in addition;
11.2.2 Reduction of degree classification.
11.2.3 Disallowed from further re-assessment
11.2.4 Suspension.
11.2.5 Withdrawal.
12.1 There will be no entitlement to a rehearing of a case, which will be allowed only in exceptional circumstances.
12.2 The appeal will be submitted to the Deputy Principal, who will judge whether or not a prima facie (on the face of it) case exists on the basis that:
- there has been demonstrably an irregularity in the disciplinary procedure;
- evidence has become available that it was not reasonable to present during the original hearing.
12.3 An appeal of a Stage 1 outcome will be considered by the Deputy Principal.
12.4 An appeal of a Stage 2 outcome will be considered by an Appeal Panel.
12.5 Those hearing an appeal under s 12.3 or 12.4 may overturn a finding of guilt where they consider it just to do so. In particular, a finding may be overturned in the light of new evidence; or where it is considered, on the basis of evidence, that the original hearing was not conducted fairly; or where the finding of guilt was unreasonable in the light of the findings of fact.
12.6 A student may appeal against a penalty imposed following a finding of guilt. The appeal must be made within twenty-eight days of the conclusion of the proceedings. The student must set out in writing the grounds on which the appeal is based and submit to: appeals@qmu.ac.uk.
12.7 Those charged with hearing an appeal against a penalty may impose a lesser penalty, having considered whether the original penalty imposed was fair and reasonable in the light of all the circumstances of the case, and the student's means and general personal circumstances.
12.8 In the event that a re-hearing is judged appropriate by the Deputy Principal, a panel will be convened that has had no previous involvement with the case.
13.1 Where the University’s internal processes have been exhausted, a student may seek review of their complaint by the Scottish Public Services Ombudsman (SPSO).
13.2 Further information may be accessed through the Scottish Public Services Ombudsman website or by calling her office for advice. Contact details are:
Freepost SPSO, SPSO, Bridgeside House, 99 McDonald Road, Edinburgh EH7 4NS
Opening hours: Monday, Wednesday, Thursday, Friday 9am–5pm, Tuesday 10am–5pm
SPSO freephone 0800 377 7330
14.1 Full details of all Codes, Policies and Procedures that apply to students are published within the Essential-information-for-students-academic-session-2024-25
14.2 QMU’s Code of Conduct for students sets out the expected behaviour of all students.
14.3 Where a finding is made that a breach of these regulations has occurred and the student is on a programme that requires professional registration, that student may be referred to a Fitness to Practice Panel under the Fitness to Practice Policy (Healthcare) or Fitness to Practice Policy ITE.
14.4 Students have an obligation under the Academic Integrity Policy. Breaches of this policy may be referred under these Regulations.
14.5 Where the alleged behaviour relates to bullying, harassment or victimisation then it should be considered in line with the Anti- Bullying and Harassment Policy. This policy refers serious and repeat incidents of bullying and harassment by a student to Stage 2 of the non-academic misconduct procedure in these regulations.
14.6 If at any point concerns arise around a student's fitness to study, the Fitness to Study Policy may be invoked.
Suspension and Precautionary Measures
- A student may be suspended pending proceedings under these regulations, pending a criminal trial or as an outcome of Stage 2 of these regulations.
- Generally, a student who is suspended is prohibited from entering the main University building and from participating in University activities.
- Suspension may be subject to qualification e.g. permission to take an examination. The terms of a suspension will be notified to the student in writing.
- An order of suspension pending proceedings or pending a criminal trial is to be used where necessary to protect a member or members of the University, or the property of the University or the property of a member or members of the University community. The reason for the decision will be communicated to the student.
- Students are entitled to ask for a review of an order of suspension after 4 weeks.
- The University will keep any orders of suspension under regular review.
- A Student may appeal an order of suspension by following the steps in section 14 of these Regulations.
Definitions of Academic Misconduct
Plagiarism
The process or practice of using another person’s ideas or work and pretending it is your own. This includes unauthorised use of Artificial Intelligence and essay banks.
Collusion
Agreement between students to act together to deceive or unauthorised collaboration by students on a piece of work or assessment.
Falsification
Changing, creating or misrepresenting information or data in order to deceive.
Examination room misconduct
Any breach of the exam regulations, including the use of unauthorised material, disruptive behaviour, and any attempt to copy or confer with other students.
Online exam misconduct
Any breach of the exam regulations, including use of unauthorised material and any attempt to confer or collaborate with other students or third parties.
