Breach of Code
A student who violates any part of the Code is said to have committed a breach of conduct.
Procedure
A student who has been accused of committing a breach of the Conduct Code under any of the rules of La Xenia and is found guilty can be subjected to the imposition of any one or a combination of two or more of the following penalties:
- warning
- fine
- exclusion from any specified part or parts of the institution
- suspension from membership of the institution for a fixed period
- payment of compensation or damages for any damage to property and institution facilities or any third-party claimant
- nullification of examination results or any part of the examination results
- expulsion from the institution
- termination of study permit
Investigation of Misconduct
Every report of wrongdoing shall be investigated by the Investigation Committee and the Investigation Committee shall decide whether the alleged offense is serious, minor or there is no case to answer.
Serious offenses include academic dishonesty, fraud, plagiarism, any activity that adversely affects the good name of La Xenia and involvement in criminal activities.
If the Investigation Committee finds that a student has committed an offense, it shall inform the offense of the offense of which he/she is accused and require the student to provide a written explanation within a reasonable period of time.
If the student pleads not guilty and his/her explanation is accepted, or the student admits his/her guilt, the Investigation Committee shall then take the appropriate action.
If the student pleads not guilty and his/her explanation is not being accepted by the Investigation Committee, the student shall be informed of his/her offense and required to appear before the Disciplinary Committee within a period not less than 14 days from the date of notification.
A student who does not make the explanation statement or does not pay the fine imposed or fails to appear before the Disciplinary Committee shall be suspended until he/she provides an explanation or pays the fine imposed or agrees to appear before the Disciplinary Committee.
Disciplinary Proceeding
- If the student pleads not guilty and the Disciplinary Committee finds that there is a case to answer, the student shall be asked to provide evidence, the student may call witnesses or present document(s) or other materials in his/her defense. The Disciplinary Committee can question the student or any of the witnesses and examine any document(s) or materials and the student may cross-examine any of the witnesses.
- If the student pleads guilty, the Disciplinary Committee shall explain the facts of the case to him/her.
On completion of the proceedings and, if the Disciplinary Committee finds the student guilty, before imposing sentence, the Disciplinary Committee shall ask the student to make a mitigation plea.
If the Disciplinary Committee also imposes the punishment of payment of compensation or damages to the Institution or a third party, the amount of compensation determined by the
Disciplinary Committee shall be an amount that is fair and reasonable taking into account all matters related to the case and the persons involved in it.
A student who is not satisfied with the decision of the Disciplinary Committee can submit a written appeal providing the grounds of appeal to the President for consideration by the Institution Board, on condition that such an appeal is submitted within 14 days from the date of sentencing. The decision of the Board of Directors shall be final.
The Disciplinary Committee, with the consent of the President may delegate its authority to any officer or member of staff of the Institution to deal with any disciplinary offense.
If a student makes an appeal, this does not constitute grounds for the suspension of the implementation of any penalty imposed or the suspension of payment of any fine or compensation ordered to be paid.
Fines shall be paid to the Financial Controller who shall then make payment to the third party, if necessary.
Any document(s) or other materials submitted before the Disciplinary Committee in the course of disciplinary proceedings shall be kept in the care of the Institution until such proceedings are completed or until the deadline for appeal has passed.
The Disciplinary Committee shall make written notes of all disciplinary proceedings before it. However, for the purposes of record keeping these notes do not need to be verbatim.
