Overview
The complainant (Mr C) raised a number of concerns about the conduct of disciplinary proceedings against him by Queen Margaret University College (the University College).
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) Mr C was not given specific details, before the Disciplinary Hearing (the Hearing), about the allegations made against him (upheld);
- (b) the evidence used against Mr C during the Hearing was not made available to him before the Hearing (not upheld);
- (c) the University College did not follow proper process in reaching its decision on the allegations against Mr C (upheld);
- (d) false evidence was given at the Hearing (no finding);
- (e) the University College inappropriately required Mr C to provide an Enhanced Disclosure from Disclosure Scotland (upheld);
- (f) Mr C did not have adequate time or resources to prepare for his examinations (not upheld); and
- (g) the University College took unnecessary amounts of time with the proceedings and correspondence relating to the hearings (partially upheld).
Other findings
Allegations against Mr C were upheld and he was expelled from the University College on the basis of flawed proceedings.
Redress and recommendations
The Director of Investigations recommends that the University College:
- (i) take steps to ensure that students accused of misconduct are formally notified of all allegations against them in accordance with their regulations and in sufficient detail to allow them to respond;
- (ii) review the standard of proof required by regulation 6.4 to decide whether it is appropriate for the purpose intended;
- (iii) remind relevant staff of the importance of following processes as laid down in their regulations;
- (iv) take steps to ensure that relevant members of staff are aware of, or have access to advice on, the circumstances in which it is appropriate to request the various types of Disclosure from Disclosure Scotland;
- (v) take steps to keep students adequately informed of the progress of any appeal; and
- (vi) apologise to Mr C for the failings identified in this report.