Learner Behaviour and Disciplinary Policy

Issue date: 27th June 2024
Renewal date: June 2025
Author: Olivia Woodhams, Skills & Quality Assurance Manager
Approved by: Joanna Mulgrew, Skills Academy Lead
Notes: Please also refer to HBXL’s Learner Attendance Policy, Anti-Bullying and Anti-Harassment Policy, Conflict of Interest Policy, Maladministration and Malpractice Policy and Complaints, Appeals & Whistleblowing Policy.
The HBXL Skills Academy is committed to providing a safe, secure learning environment where all learners can achieve their full potential. We believe all learners, staff, subcontractors and visitors have the right to be treated with dignity and respect and will take appropriate steps to ensure our learning environment is free from all forms of unacceptable behaviour.
The aims of the Learner Behaviour and Disciplinary policy are to provide clear guidance that helps and encourage all learners to understand the expectations and maintain acceptable standards of behaviour and academic performance. It is also intended to provide clear guidance to all staff in order to ensure consistent and fair treatment in relation to disciplinary action taken in response to allegations of unacceptable conduct or performance.
This policy relates specifically to learner behaviour. For standards relating to staff conduct and behaviour, please see the Staff Code of Conduct, Tutor Standards and Staff Handbook.
Our Learner Code of Conduct sets out the basic principles we expect all learners to adhere to.
As a learner we expect you to:
Your responsibilities to others are to:
A broad range of behaviours, events or incidents fall within the scope of this policy. This list contains examples of unacceptable behaviour, but is not exhaustive:
Although it may not have been the intention of an individual to cause offence or disruption, it must be recognised that the perception of the recipient may differ.
Learners should report any incidents immediately to either their tutor or the Learning Engagement Manager. A member of staff experiencing unacceptable behaviour from a learner will follow the procedures below.
Please note that unacceptable behaviour can be dealt with at any stage of the disciplinary procedure depending on the nature of the concern. If the incident is of a particularly serious nature, it is possible to go directly to Stage 3. The staff member involved should take advice from the Skills Academy Lead. The HBXL Skills Academy will consider whether any incident needs to be referred to the Police or other agencies and will take action accordingly.
Staff will consider the individual needs of learners and adapt the process where there are communication challenges.
Where minor incidents occur during sessions, the tutor should discuss these with the learner and agree appropriate action. This discussion should be recorded in writing and the tutor must inform the Skills Academy Lead of the discussion. The tutor may request the support of the Skills Academy Lead or Skills & Quality Assurance Manager during the informal discussion. Where incidents occur outside guided learning sessions, the Skills Academy Lead will carry out the informal discussion.
If the learner declines an informal discussion, an email summarising the matter or concerns will be sent to the learner, together with a reference to our expectations and a further invitation to attend an informal discussion. If this is refused, the formal procedures will be triggered.
For most situations, the procedures that will be followed are as follows:
If the learner refuses to attend an informal discussion, there is continued cause for concern or further incidents occur, the formal stages will be triggered. Full records will be kept and minutes of meetings with the learner given to the learner and any staff involved.
A learner may be accompanied by another learner or advocate to support them, at any stage.
In the event of unacceptable behaviour, the Skills Academy Lead will meet with the learner to discuss the nature of the problem. An action plan will be agreed with the learner and a review date agreed. If, at the review, everything has gone well and the learner is committed to maintaining standards, the matter will be closed.
If the matter has not been resolved, a Stage 2 meeting will be called. The aim of this is to bring together the learner and staff involved in supporting the learner to succeed on their course. Generally, two members of staff will attend the meeting and may include the Tutor, Learner Engagement Manager, Skills & Quality Assurance Manager, Skills Academy Lead or others as relevant.
The meeting will identify and agree the actions required to enable the learner to continue on the course, including any support which can be provided.
At the meeting, a review date will be agreed with the learner. If everything has gone well, the matter will be closed. If not, the following options will be considered:
Stage 3 of the procedures will be applied if:
The learner may be temporarily suspended from the course. The learner will be invited to attend a Disciplinary Panel. This will consist of the Skills Academy Lead, Skills & Quality Assurance Manager and others as appropriate. The allegations and evidence will be reviewed and the learner asked to comment on them and to present any additional evidence.
If the learner’s unacceptable behaviour is found to have been serious, the Disciplinary Panel will normally take one of the following courses of action:
The learner will be notified of the outcome via email.
A learner has the right to appeal against any disciplinary penalty imposed from Stage 3.
The learner can appeal against the outcome of the Disciplinary Panel to the Skills Academy Lead. This should be done in writing within 5 working days of being informed of any decision.