Learner disciplinary policy

Our commitment

These procedures have been developed to ensure that learner disciplinary matters are dealt with promptly and fairly at the appropriate level by those with the authority to do so.

A learner will be responsible for his or her own conduct and for the conduct of those they invite onto the Lifetime’s premises or training facilities. Lifetime Training therefore shall have the right to take disciplinary action against a learner for an act of misconduct committed by a person or persons, not learners, whom the learner has invited onto the training provider's premises.

Objectives

The aim of this policy is to ensure that you are aware that Lifetime Training has the right to investigate any allegation of misconduct and may take disciplinary action where it decides that an act of misconduct has been committed.

Scope

This policy applies to Lifetime employees and learners. It provides guidance on the definition of misconduct under these procedures:

  • Disruption of, or improper interference with the functioning or activities of the course, or of those who work at the training provider; or
  • Action which otherwise damages Lifetime Training or its reputation.

The following provide examples of misconduct, whether on training provider's premises or elsewhere, but do not limit the breadth of the general definition:

  • Any conduct which constitutes a criminal offence.
  • Disruption of, or improper interference with, the academic, administrative, or other activities of training provider courses.
  • Obstruction of, or improper interference with, the functions, duties or activities of any learner or member of staff, or any visitor.
  • Violent, indecent, disorderly, threatening, intimidating or offensive behaviour or language.
  • Harassment of any learner or member of staff, or any visitor
  • Cheating, fraud, deceit, deception, or dishonesty in relation to any evidence/assessment or work produced
  • Fraud, deceit, deception, or dishonesty in relation to the company or its staff, learners, or visitors
  • Theft, misappropriation or misuse of training provider property, or the property of the staff, learners, or visitors
  • Misuse or unauthorised use of training provider premises
  • Damage to training provider property, or the property of the staff, learners, or visitors, caused intentionally or recklessly.
  • Action likely to cause injury or impair safety on training provider premises.
  • Failure to respect the rights of others to freedom of belief and freedom of speech.
  • Failure to comply with a reasonable instruction relating to prior disciplinary action.

The Disciplinary Procedure for learners will normally be applied in respect of an alleged complaint of misconduct or breach of discipline, as defined above, where the complaint relates to actions carried out on training provider premises, or whilst the learner is engaged elsewhere on official training provider activities, or as a member/representative of the training provider.

When we refer to ‘social networking sites’ we mean the Lifetime intranet discussion forums and personal sites.

Key contacts

Daniel Ball Quality Director Daniel.Ball@LifetimeTraining.co.uk

Investigation into an alleged act of misconduct. Any investigation into an alleged act of misconduct shall be conducted by the relevant authorised person.

Authorised persons

Authorised persons are:

Michelle Kent - Health and Safety & Standards Manager – michelle.kent@lifetimetraining.co.uk

Sara Morton – Head of Quality- sara.morton@lifetimetraining.co.uk

Theresa Vincent – Quality Manager - Theresa.vincent@lifetimetraining.co.uk

Kelly Smith – Quality Manager – Kelly.smith@lifetimetraining.co.uk

Yvette Selway – Quality Manager – Yvette.selway@lifetimetraining.co.uk

Tracy Martin – Quality Manager – Tracy.Martin@lifetimetraining.co.uk

Definitions

Scope of disciplinary policy

These procedures refer to offences other than those relating to academic matters.

The term 'learner' in these procedures is defined as any person who fulfils one or more of the following criteria:

(a) A learner registered for a qualification-bearing programme.

(b) A learner registered for a non-qualification-bearing programme or non-credit-bearing course.

Conduct of an investigation

Any investigation into an alleged act of misconduct shall normally include an interview of the learner(s) concerned by the relevant authorised person or by person(s) acting on the authorised person's behalf. Evidence shall be taken, and submissions received, either in writing or in person, from the learner against whom the allegation has been made and from any other persons appropriate to the case. Where relevant the learner’s employer may be informed and involved in the Investigation.

Disciplinary action

Where an authorised person is satisfied, on the balance of probability, that a learner has committed an act of misconduct, one or more of the following sanctions may be imposed:

  • A verbal warning advising the learner about their immediate conduct.
  • A written warning advising the learner about their future conduct.
  • A written final warning where the learner has previously received a warning, or where the authorised person deems fit. The authorised person shall indicate the likely disciplinary action if the learner commits a further act of misconduct.
  • Suspension, exclusion, or expulsion from the course.

Misconduct reported to external regulators and the police:

The Awarding Organisation governance department will be informed if the nature of the misconduct affects the integrity of the qualification, or false certification claims have been made.

If the misconduct is reported to the police, action shall normally be deferred until the matter has been concluded by the police, and either a prosecution has been completed or a decision not to prosecute has been taken. After all police/court proceedings have been completed, the authorised person shall determine whether further internal disciplinary action shall be taken.

Appeals

A learner wishing to appeal against a disciplinary decision by an authorised person should address the appeal to the Operations Manager or Operations Director, and lodge the appeal within 14 days of receipt of the decision. The appeal should be accompanied by any supporting documentation that the learner intends to rely on in the event of a hearing of a Disciplinary Appeal Panel.

Grounds for appeal

The grounds for appeal may be one or more of the following:

  • That fresh evidence is available which was not available at the time the original decision was made.
  • Procedural irregularity.
  • Bias or prejudice.
  • Excessive or inappropriate punishment.
  • That the decision was perverse in that it was one which no reasonable person could have reached on the available evidence.

Procedure

The appeal shall be considered initially by the Operations Manager or Operations Director, or nominated deputy, to determine if there is a prima facie case under the specified grounds. If a prima facie case is not established, the appeal will be dismissed. If a prima facie case is established, the Operations Manager or Operations Director has two options:

  • To establish a formal Disciplinary Appeal Panel.
  • To invite the authorised person to reconsider the case in the light of the new evidence.

The Operations Manager or Operations Director may choose to establish a formal Disciplinary Appeal Panel following reconsideration of the case by the authorised person if they consider this to be an appropriate course of action, with due consideration to fairness and justice.

Dismissal of an appeal

Where the Operations Manager or Operations Director dismisses an appeal, or where the Disciplinary Appeal Panel confirms the original decision, there shall be no further appeal within Lifetime.

Confidentiality

All instances and associated documentation will be managed with the upmost confidence.

Associated policies

Equality and diversity policy

Lifetime Health and Safety policy