Positive Behaviour Policy 2023 - 2025

• 1.1 The College recognises it has a duty to promote positive behaviour and to build an ethos  of respect, tolerance and citizenship amongst the College community.  

• 1.2 The College recognises that there will be instances where disciplinary action is needed in  order to protect the rights of learners, staff, visitors and the wider community.  

• 1.3 This Disciplinary Policy is intended to set out procedures to ensure that learners are  supported and dealt with fairly, consistently and in a timely manner.

• 2.1 The main expectations of learners’ behaviour are set out in the learner Code of Conduct.  Other guidelines for learner behaviour will be issued as necessary and approved by the  College Executive team.  

• 2.2 The Learner Code of Conduct is based on 3 main principles:  

  • Ready  

  • Respect  

  • Be Safe  

• 2.3 The learner Code of Conduct is not an exhaustive list and the College reserves the right  to apply sanctions for other offences which it deems are contrary to the spirit of the Code  of Conduct.  

• 2.4 This Positive Behaviour Policy applies to all learners enrolled at Coleg Sir Gâr / Coleg Ceredigion. This includes full-time and part-time learners; learners enrolled on to Work Based Learning programmes and Higher Education learners.  

• 2.5 Higher Education learners are also subject to the regulations laid out in the Academic  Quality Handbook of the UWTSD.  

• 2.6 The College reserves the right to apply disciplinary outcomes for offences which take place away from the College ( or online ) where such actions have the potential to bring  the College into disrepute or to affect the safety and / or rights of other learners, staff or visitors.  

• 2.7 All staff and all learners have a role to play in promoting and maintaining high standards  of behaviour.  

• 2.8 Consistent application of the Positive Behaviour Policy is key to promoting high standards of behaviour. The College Management teams will ensure that all staff are aware of the  policy and understand the principles underpinning its application.  

• 2.9 The College will make all reasonable efforts to ensure that learners are informed about,  and understand, the expectations laid out in the Code of Conduct and any other guidelines.  

• 2.10 Minor breaches of the Code of Conduct will be dealt with informally. More serious breaches of the Code of Conduct will normally lead to a Formal Disciplinary Hearing.

• 2.11 The College recognises the need to apply its Positive Behaviour Policy with professional  judgement and to take into account personal and extenuating circumstances. The College will also make “reasonable adjustment” to the application of this policy where it is required by the Equality Act 2010.  

• 2.12 Supportive measures will also be considered for learners who are subject to  disciplinary action. This could include mentor support, counselling, support from Personal Tutors or referrals to external agencies.  

• 2.13 The College will exercise its’ rights under this policy based on principles of fairness,  transparency, the need to listen to all parties and the need to reach a decision in a timely fashion.  

• 2.14 The College Safeguarding Panel can determine to exclude / withdraw learners where the panel have reason to believe that they can not be sufficiently persuaded that they can carry out their Safeguarding Duties to the College.

• 3.1 The disciplinary process consists of the following levels:  

  • Informal - The staff member responsible for the Tutorial group of learners is always the  first point of contact and will manage behaviour taking into consideration any additional  needs of the learners. This may include signposting or working with external stakeholders  and support services( for example parents / guardians / support workers ) - this does not  have to be through a cause for concern.  

  • All learners will receive a tutorial, where they will be given opportunities to learn about  personal development and topical issues and will have 1:1s to monitor and track progress.  This is an opportunity to put in place any supportive actions.  

• 3.2 Cause for Concern Notes – for recording minor breaches of the Code of Conduct Formal (The level of which can only be decided after Fact finding has been completed ). 

• 3.3 Stage 2 - First Written Warnings – for recording more serious breaches  

• 3.4 Stage 3 - Final Written Warning – for recording serious and substantial breaches  

• 3.5 Inclusion panel - Exclusion – for dealing with matters judged to be “gross misconduct”

• 4.1 Minor breaches of the Code of Conduct will be dealt with informally and recorded on the Student information system along with an action plan if needed. 

• 4.2 Any member of staff may issue a Cause for Concern note and this will be discussed with  the learner by a Personal Tutor, Course Tutor, Training Advisor or equivalent.  

• 4.3 Repeated minor breaches of the code of conduct will be dealt with by a Personal Tutor,  Course Tutor, Lecturer, Training Advisor or equivalent are required to produce an action plan and communicate with parents where appropriate. 

• 4.4 Continued breaches of the Code of Conduct will be dealt with via a Formal Disciplinary  Hearing.  

• 4.5 Normally three separate Cause for Concern Notes within a half term will be treated as “repeated minor breaches” and Personal or Course Tutors will refer individuals to Curriculum Area Management teams for appropriate action.  

• 4.6 Staff will exercise professional judgement when considering whether “repeated Minor breaches” should be referred for more formal action. This will include consideration of the learners individual learning needs and any personal and extenuating circumstances. Staff are encouraged to discuss individual cases with Learner Support  (Wellbeing) or Learning Support (ALN) if there is any concern over the appropriateness of  pursuing more formal disciplinary action.  

• 4.7 Curriculum Area Management Teams will be responsible for monitoring entries to the  Student information system to ensure consistency.  

• 4.8 Staff dealing with learners who have received 3 or more cause for Concern notes are encouraged to identify whether there are any additional learning needs that may need reasonable adjustments. 

• 4.9  It is encouraged that before referring to a formal discipline stage that the tutor / assessor makes contact with the parents / carers of the learner ( if under 18 ).  

The level of formal discipline can only be decided after Fact finding which then gives a recommendation as to which stage the discipline needs to be heard at ( if the case is upheld).

A member of staff will be appointed to act as a Fact Finding Officer (FFO).

• For allegations likely to lead to a First Written Warning, the IO will normally be the Personal tutor, Course tutor or Training Advisor.
• For allegations likely to lead to a Final Written Warning, the Investigating Officer will normally be a member of the Curriculum Area Management team.
• For allegations likely to lead to Exclusion, the Investigating Officer will normally be a member of the Curriculum Area Management team.
• The FFO and DO must seek advice from the Wellbeing and ALN teams to ensure learners’ needs are being met if reasonable adjustments are identified.

• 5.1 The decision to proceed to a Formal Disciplinary Hearing will be made after Fact finding
  has been carried out.
• 5.2 A Formal Disciplinary Hearing will be held where it is judged that a breach of the Code
  Conduct warrants more formal action.
• 5.3 In making the decision to proceed to a Formal Disciplinary Hearing the guidelines outlined in (section 6) below will be used to determine the appropriate stage of hearing and
  possible outcome.
• 5.4 The following staff will normally be the Disciplinary officer (DO) for a Formal Disciplinary
  Hearing. The following is for guidance only and variations may be agreed between the
  Heads of Curriculum and Director of Learner Experience or Director of Curriculum.
  • 5.4.1 Stage 2 - First Written Warning – Head of Curriculum (DO)
  • 5.4.2 Stage 3 - Final Written Warning - Assistant Director (DO)
  • 5.4.3 Inclusion panel - Director of Curriculum or Director of Learner Experience (DO)
• 5.5 At all stages where there is an identified additional learning or support need it is crucial
  to involve a member of staff from the ALN and/or Wellbeing Team, to both support the learner but also to advise on any reasonable adjustments needed.
• 5.6 The FFO will produce a written report outlining the case and the evidence supporting
  disciplinary action using the template. The written report will typically include the learner’s record from the student information system including attendance, general course performance and any current Cause for Concern notes or previous warnings, it will also look into any additional support needs the learner may have. This should also include the FFO or DO discussing with parents ( if under 18 ) if verbal disclosure of any additional learning needs.
• 5.7 As part of the Fact finding the FFO will interview the learner who is subject to any allegation(s) and any witnesses, including the Course Tutor and / or Personal Tutor to obtain a general picture of current performance, attitude and any potential extenuating circumstances.
• 5.8 The FFO will make a decision based on evidence gathered as to whether there are
  sufficient grounds to proceed to a Formal Disciplinary Hearing and make a recommendation to what stage of hearing it should be held at.
• 5.9 Written communication will be provided to a learner facing a Formal Disciplinary Hearing. The communication will provide details of the allegations against the learner; the level of outcome that may be issued following the hearing; a copy of this Disciplinary Policy;
  notice of the right to be represented (see section 7 below); details of the FFO and the manager conducting the hearing (DO); and the Fact finding report ( anonymised ) the learner needs to confirm attendance at the hearing; notice of any witnesses they may wish to call.
• 5.10 (Note the learners Individual learning needs to be factored into the communication
  being shared) Written notification of a Formal Disciplinary Hearing should be given with a minimum of 2 working days’ notice.
• 5.11 Copies of any correspondence will be sent to parents / carers of any learner who is under the age of 18 .
• 5.12 A learner who is unable to attend an appointment for a Formal Disciplinary Hearing must contact the manager conducting the hearing if an alternative date is required. The
  manager conducting the hearing has the authority to grant an alternative appointment
  at their discretion.
• 5.13 Where a learner fails to attend a Formal Disciplinary Hearing, without making contact,
  the manager conducting the hearing has the authority to hear the case in their absence.
• 5.14 The FFO will present a report to the hearing. A report will be made available to the learner as part of the communication . The DO conducting the hearing will make all reasonable efforts to ensure that the learner understands the report and the potential consequences. ( Advice maybe needed here from Learning or Learner Support ). (Note the learners Individual learning needs to be factored into the communication
  being shared)
• 5.15 The conduct of the hearing and the order in which each party will present evidence is
  contained in Appendix 17.3. Although any Additional Learning Needs to be taken into account and the DO may need to make reasonable adjustments given the learners needs
  due regard.
• 5.16 Decisions made following a Formal Disciplinary Hearing will be based on the principle of the balance of probability. It is not intended that allegations have to be proved “beyond
  all reasonable doubt”.
• 5.17 At the end of a Formal Disciplinary Hearing the manager conducting the hearing may
  inform the parties that they wish to take a period of up to 3 working days to reach a decision.
• 5.18 The outcomes from a Formal Disciplinary Hearing will be communicated in writing to the learner, and parents / carers if under 18 , within 3 working days of the decision. The outcomes from a Formal Disciplinary Hearing will be recorded on the student record system. Warnings will be entered on to the system by the manager who has carried out the hearing. Copies of the outcomes will also be shared with any supporting agency at the discretion of the learner or associated safety concerns.
• 5.19 Learners must be asked if they wish for their Disciplinary hearing to be conducted in
  Wels h and this service must be provided if that is their wish.

• 6.1 The following examples are provided as guidance when considering the level of hearing
  or sanction to be applied for typical breaches of the Code of Conduct. The list is not intended to be exhaustive. Managers will consider the severity and impact of any alleged
  breaches on learners, staff and the College when deciding which level of sanction to
  apply.
  • 6.1.1 Stage 2 - First Written Warning – typically for repeated minor breaches of the Code of Conduct; absence below the College target, without adequate explanation, in any 4 week period; vaping indoors, continued vaping outside of designated areas, smoking outside designated areas; dropping litter; rude and disruptive behaviour; breaches of driving and parking regulations; breaches of the College Social Media and/or IT policy; breaches of guidelines on behaviour relating to transport, use of library / Learning Resource Centres, social spaces, etc;
  • 6.1.2 Stage 3 - Final Written Warning – typically for failure to improve or a repeat of breaches leading to a previous warning; offensive or discriminatory language or behaviour; actions which bring the College into disrepute; violence; threatening behaviour; plagiarism; fraud (including forging of signatures for EMA payments; breaching rules relating to work placement; language or behaviour which has a substantial impact on other learners, staff, visitors or the wider community; actions or behaviour which pose a risk to other learners, staff visitors or the wider community.
  • 6.1.3 Inclusion panel - Exclusion for Gross Misconduct – typically for failure to improve
    following a Final Written Warning; repetition of acts which led to a Final Written
    Warning; violence; theft; serious acts of discrimination; serious acts of bullying or
    harassment; serious actions bringing the College into disrepute; serious breaches of the College IT or social media policies; serious inappropriate or offensive sexual behaviour; deliberate damage to College property; serious incapability through alcohol or being under the influence, or in possession, of Illegal drugs; negligence which causes serious loss, damage or injury; language or behaviour which poses a serious and substantial risk to other learners, staff, visitors or the wider community.
• 6.2 Action Plans – will be issued alongside a written or final warning or suspended exclusion
  setting out the improvements in behaviour expected of a learner. These will normally be
  recorded on the student record and will be monitored by the Course Tutor, Personal
  Tutor, Training Advisor or equivalent. The learner, parent / carer and the manager conducting the hearing will sign a copy of the action plan.
• 6.3 Restorative Justice – where it is judged that 
  • a Restorative Justice approach would help to ensure that offences are not repeated
  • enable a learner to take responsibility and understand their actions, and / or
  • demonstrate to those affected by a learner’s action, a learner subject to a disciplinary warning may be referred to the Wellbeing or ALN Support team for a Restorative Justice Intervention.

• 7.1 A learner facing a Formal Disciplinary Hearing has the right to be represented at the
  hearing.
• 7.2 The learner’s representative will normally be one person from one of the following
  categories: parent / carer, a fellow learner, Student Union Officer, friend, or a member of
  the Learner (ALN) / Learning Support team (Wellbeing ), or a relevant support agency.
• 7.3 It is not considered appropriate for a learner facing a Formal Disciplinary hearing to be
  represented by a solicitor or other person acting in a professional legal capacity.

• 8.1 The College recognises the seriousness of any decision to exclude a learner. Such decisions are only made where it is considered that a learner has committed a serious, substantial or continued breach of the Code of Conduct or has committed some other act which does damage, or has the potential to damage, the interests of the College, other learners, staff or the wider community.
• 8.2 A Formal Disciplinary Hearing leading to exclusion will follow the principles outlined in section 5 above, with the additional requirement that evidence is considered by a panel of staff which will typically chaired by a Director of Curriculum or Director of Learner Experience or in exceptional cases another member of the College Senior Leadership Team who will act at Disciplinary Officer (DO) , it will also need two other managers from the College and a member of the Wellbeing Team or ALN Team if appropriate.
• 8.3 Where the panel finds that allegations are substantiated there will normally be a decision
  to exclude with immediate effect.
• 8.4 The panel may decide to impose a sanction short of immediate exclusion. These include:
  • 8.4.1 A “suspended sentence” – where there is evidence that an exclusion is justified by
    the evidence at the hearing but the panel wish to provide the learner with an opportunity
    to remain in college on the understanding that the learner may be asked to leave with
    immediate effect if there are any further breaches of the Code of Conduct. No further
    hearings will be held. The decision to invoke such an exclusion will be taken by the panel
    present at the original hearing.
  • 8.4.2 A first written warning, or a final written warning, or extension of an existing final
    warning, from the date of the inclusion panel.

• 9.1 First Written Warnings – will remain on a learner’s record for a period of 35 College
  weeks.
• 9.2 Final Written Warnings – will remain on a learner’s record for a period of 52 College
  weeks.

• 10.1 The College reserves the right to refuse admission to any of its courses following an
  Exclusion.
• 10.2 Individuals wishing to re-apply to College following an exclusion will be subject to attending an interview with an Admissions Panel prior to their application being considered by a Course Team.
• 10.3 The College will also require any learner who has received a Final Written Warning to attend an Admissions Panel before being considered for entry to another course within the College this will be convened by a Director of Curriculum or Director of Learner Experience and the head of Curriculum for the area the learner is applying for and a member of the Wellbeing Team or ALN Team if appropriate.
• 10.4 Where a learner is re-admitted following Exclusion or Final Written Warning the College reserves the right to impose a sanction of a Final Written Warning to be in place from the
  start of any new course. This will also apply if a learner has previously withdrawn from a course before attending a scheduled Disciplinary Hearing which could have led to a Final Written Warning or Exclusion.

• 11.1 In instances where there is a reasonable belief that a learner poses a risk to other learners, staff, visitors or the reputation of the College, an immediate suspension may be invoked prior to any fact finding.
• 11.2 A decision to suspend will normally follow an initial Fact finding of any allegations. The
  decision to suspend a learner will normally be taken by an Assistant Director / Director of Curriculum or Director of Learner Experience or a member of the Senior Leadership Management Team.
• 11.3 The College reserves the right to impose a temporary suspension prior to any Formal
  Disciplinary Hearing.
• 11.4 A suspension does not indicate any judgement regarding allegations against a learner.
• 11.5 A suspension following allegations that are likely to lead to a First Written warning will
  normally last for no more than 5 College days, although there may be occasions where
  this needs to be extended and this will be communicated with the learner.
• 11.6 Suspension following allegations that are likely to lead to a Final Written Warning or
  Exclusion will normally last for no more than 10 College days, although there may be occasions where this needs to be extended and this will be communicated with the learner.
• 11.7 Suspension will be treated as authorised absence from College for the purpose of EMA
  payment.

• 12.1 Where a breach of the learner Code of Conduct takes place on College transport additional sanctions may be imposed. These may include the following:
  • 12.1.1 Temporary removal of a bus pass
  • 12.1.2 Permanent removal of a bus pass
  • 12.1.3 A requirement that a learner travels by an alternative route
  • 12.1.4 A requirement that a learner pays for any damage to a bus or other form of transport.
• 12.2 Any additional sanction will only be imposed after Fact finding and any Formal
  Disciplinary Hearing.
• 12.3 Additional sanctions will be agreed between the College and the Transport Unit of
  Carmarthenshire or Ceredigion County Council.

• 13.1 Where breaches of the learner Code of Conduct involve issues relating to driving or
  parking additional sanctions may be imposed. These include the following: 
  • 13.1.1 A requirement that a learner does not bring any vehicle onto College grounds for a fixed period.
  • 13.1.2 A requirement that a learner does not bring any vehicle on to College grounds for a limited period.
  • 13.1.3 A requirement that the learner hands in car keys at the beginning of a College day and does not drive their car until leaving College premises at the end of the day.

• 14.1 A learner receiving a First or Final Written Warning will normally lose the EMA payment
  for the week in which the warning is issued, although this is down to the discretion of the
  disciplinary officer .

Appeals will normally only be considered where there are grounds to believe that the procedures set out in this document have not been followed or where there are grounds to believe that any sanction imposed is unproven. An appeal will not normally be granted to reconsider the original allegations or to hear evidence that could have been made available at the original hearing.

• 15.1 learners have the right to appeal at all stages in the disciplinary process:
  • 15.1.1 Appeals against the issuing of a Cause for Concern Note – should be made in writing to the relevant Head of Curriculum. An appeal should be received within 5 working days of a Concern Note being issued. The Head of Curriculum(or an appointed Deputy or Assistant) will review the circumstances of the Cause for Concern Note and will make a judgement as to whether the Concern Note was reasonable. The decision of the Curriculum Head (or appointed Deputy or Assistant) is final.
  • 15.1.2 Appeals against a First Written Warning or Final Written Warning – should be made in writing to the Director of Curriculum or Director of Learner Experience. The appeal should be made within 5 working days of receipt of a letter informing the learner that a Warning has been issued. The appeal will be considered by the Director of Curriculum or Director of Learner Experience and one other manager not previously involved previously . The decision of the Appeal Panel is final.
  • 15.1.3 Appeals against Exclusion – should be made in writing to the Clerk to the Board. An appeal against exclusion should be made within 10 days of receiving the letter of
    exclusion.
• 15.2 Appeal Panel - The appeal will be heard by a panel consisting of a minimum of 3 people,
  at least one of whom must be a member of the College Governing Body, one member of the College Executive team and one other member of the Senior Leadership Team and where appropriate a member of the ALN and Wellbeing team if appropriate. No member of the Appeal Panel will have had previous involvement with the Formal Disciplinary Hearing. The Appeal Panel will normally meet within 15 working days of receipt of the letter. The Appeal Panel will consider evidence from the person making the appeal, the disciplinary officer and any witnesses called by either party.
  The Appeal Panel has the authority to uphold the original decision; to impose a lesser sanction or to reach a decision that the original allegations are not proven and no sanction should be issued. The decision of the Appeal Panel is final.

• 16.1 The policy will be due for review by September 2025.