REGULATIONS TO GOVERN THE EXERCISE OF DISCIPLINE
1. These regulations shall be cited as the University Discipline Regulations 1996.
2. Students and staff of the University are bound by the Statutes, Regulations, Bye-Laws and other lawful directions of the University and are expected to conduct themselves in a manner which does not impair the functioning of the University and the reasonable freedom of other persons to pursue their studies, research, duties or lawful activities in the University or to participate in the life of the University.
3. Committee of Discipline
3.1 There shall be established a committee, styled Committee of Discipline, which shall assist and advise the Rector and the appropriate University organ in the exercise of discipline under the law and the Statutes, Regulations and Bye-Laws of the University.
3.2.1 For the exercise of discipline over students, the Committee of Discipline shall be composed of:
(a) a person nominated by the Rector
(b) the Dean of the Faculty/Director of Institute concerned
(c) one member appointed by Senate.
3.2.2 For the exercise of discipline over staff with formal teaching duties, the Committee of Discipline shall be composed of:
(a) a person nominated by the Rector
(b) a Dean of a Faculty or a Director of an Institute, (other than the Dean or Director of the Faculty or Institute concerned), appointed by Senate
(c) one member appointed by Senate.
3.2.3 For the exercise of discipline over staff without formal teaching duties, the Committee of Discipline shall be composed of:
(a) a person nominated by the Rector
(b) two members appointed by Council.
3.3 Where a member of the discipline committee is unable, for whatever reason, to sit on the hearing of a case, it shall be within the power of the Rector to appoint a substitute.
4. Disciplinary measures regarding students:
Definitions
4.1 Misconduct includes:
1. any conduct which impairs the reasonable freedom of other persons to pursue their studies, researches, duties or lawful activities in the University or to participate in the life of the University;
2. wilful disobedience of a reasonable direction of a senior officer of the University;
3. acting dishonestly or unfairly in connection with any examination conducted by or within the University or the preparation or presentation of any essay, exercise or thesis or failing to comply with the requirements of a supervisor of any examination;
4. assaulting, attempting to assault or threatening a person on University premises;
5. disobeying or failing to observe any provision of any statute or rule or any resolution of the Council;
6. divulging any confidential information relating to any University matter;
7. entering any place within the premises of the University which the student is forbidden by a senior officer of the University or by a bye-law, statute or regulation to enter;
8. failing to comply with any penalty imposed under these regulations;
9. failing to leave any building or part of a building of the University forthwith upon being directed by a senior officer of the University to leave it;
10. intimidating, obstructing, disturbing, delaying or influencing improperly, or attempting so to do, any Board or Committee set up under any statute or regulations or any member of any such Board or Committee or any witness who is appearing or who has been called to appear before any such Board or Committee;
11. wilfully damaging or wrongfully dealing with any University property or any property upon University premises;
12. wilfully obstructing or attempting to deter any officer or employee of the University in the performance of duties;
13. wilfully obstructing any teaching or research activity, examination or official meeting or proceeding of the University.
5. Proceedings on misconduct
5.1 On a complaint of misconduct made in relation to a student it shall be within the power of the Dean, Director, Principal, or other Head of the Faculty, Institute, College or other University institution of which the student is a member, to discipline the student after giving him an opportunity to state his case, by suspending him for a period of not more than a week from attending lectures, classes, seminars, tutorials or other University activities provided that any such disciplinary action taken shall be immediately reported by the responsible
officer to the Rector.
5.2 The responsible officer may also, in such cases as he may deem urgent, take such immediate steps to establish and maintain discipline, provided that any action so taken shall as soon as practicable be reported to the Rector.
5.3 The responsible officer may, in such cases as he may deem serious, report the matter to the Rector for such action as may be appropriate in accordance with these regulations.
5.4 On a report made to the Rector alleging misconduct by a student, the Rector shall, either:
(a) after hearing the student himself, apply discipline by reprimanding the student and by the imposition of a fine not exceeding fifty Maltese Liri (Lm50), or by the suspension of the student for a period not exceeding one month; or
(b) refer the matter to the Committee of Discipline for it to hear the case and recommend the appropriate disciplinary measures to be applied.
5.5 The Committee of Discipline shall upon a reference to it by the Rector ask the Registrar of the University to prepare a formal charge alleging the misconduct committed by the student and the grounds for such allegation.
5.6 The Committee of Discipline shall, upon receipt of the said charge, communicate it to the student together with a copy of the relevant parts of these regulations as well as the date, time, and venue when the student is to appear before it to answer to the charge.
5.7 The student may, within two weeks from receipt of the said charge, make written reply to the charge made against him, and he may ask to be represented in the proceedings by a member of the student body or by a friend.
5.8 On the date of the hearing, or such other adjourned dates, the Committee of Discipline shall hear the complainant, such other persons as may be called by the responsible officer, the student and such other persons called by the said student in his defence. The Committee may also take cognisance of such documents as may be referred to it by the responsible officer or submitted to it by the student.
5.9 The Committee shall make report of its findings to the Rector recommending to him the application of disciplinary measures. A copy of the report of the Committee shall be communicated to the student.
5.10 The Rector shall, on receipt of the report, and after giving the student an opportunity to make written or oral submission as the Rector may deem appropriate, proceed to determine the disciplinary measures to be applied in the manner recommended by the Committee or to such lesser extent as he may deem appropriate to the case.
6. Disciplinary Measures
6.1 The disciplinary measures which may be recommended by the Committee shall consist of the following:
i. reprimand;
ii. fine in a sum not exceeding Lm250;
iii. prohibition from the use of all or specific University facilities;
iv. cancellation of examination results in terms of the regulations governing conduct during examinations;
v. suspension;
vi. expulsion.
6.2 In the event where the misconduct by the student has also resulted in material loss to the University it shall be competent to the authority exercising discipline to direct that the material damages suffered by the University and arising from that misconduct shall be made good by the student.
7. Powers of Committee in Urgent Cases
7.1 The Committee of Discipline may, in cases which it deems urgent, abridge or dispense with any times or formality provided for in these regulations provided that it shall ensure that the person charged is given a fair hearing notwithstanding such abridgements or dispensations.
8. Reference to Senate
8.1 Where the Rector, after the report of the Committee of Discipline, decides to suspend a student from University activities for more than a term, or to expel a student from the University, or to annul or cancel any published examination results, he shall, prior to the taking of such action communicate the report to the Senate and seek its advice.
Approved by Senate on 21st October 1996
