Team Durham Student Athlete Code of Conduct

 

Introduction

 

Students are expected to treat all members of the community with respect including their peers, staff, visitors to the University and members of the local community. In particular, the University’s disciplinary jurisdiction over students’ conduct is not limited to University premises or solely within term-time. This means, for example, that behaviour off campus and during vacations, weekends, evenings, on placements, training camps, competition and field trips may be taken into consideration. It also means that behaviour in a social setting (for example in residences, or on social media) may have consequences whether or not it takes place during normal University opening hours.

 

In light of the above, student athletes should appreciate that they are arguably amongst the most visible and well supported students across the whole institution; and that being a member of Team Durham (TD) means that the student athlete is an important ambassador for the University.

 

The student athlete should therefore:

• understand the need to exercise good judgement and conduct their actions with honesty, integrity and respect for others at all times;
• understand that if behaviour falls below the standards and expectations outlined in this Code of Conduct, the Student Pledge or the broader University’s Non-Academic Misconduct Disciplinary Procedure, then they may be subject to disciplinary action.

 

Students should also recognise the long and proud tradition of sport at Durham University and that to be selected to represent Durham University Sport is an honour and not a right.

 

Through this representation the student athlete must:

• understand that, through Team Durham, the University is supporting their personal development, academic achievement and athletic success;
• acknowledge that they have significant responsibilities and that acting responsibly is a core University Value;
• recognise that these responsibilities include embracing different communities and celebrating the differences that make the University, and the wider community, stronger together.

 

What are the aims of this Code of Conduct?

• To protect and support TD members.
• To protect and support others potentially affected by TD members’ actions.
• To ensure the highest possible standards of fairness, honesty and behaviour.
• To reduce the risk of harm, injury, harassment and nuisance to TD members and the wider community.
• To help promote an inclusive student environment.
• To detail the actions that will be taken should the Code of Conduct be breached.

 

 

The Code of Conduct

All Team Durham athletes must understand that they should conduct themselves in accordance with:

• the policies of Durham University;
• the principles outlined in the Durham University Student Pledge;
• the rules and regulations of British Universities and Colleges Sport (BUCS);
• the rules and regulations of their relevant sporting National Governing Body (NGB).

In abiding to the principles of the Team Durham Code of Conduct student athletes should pay particular attention to and reflect upon the following key areas:

 

The University Community

As a student athlete you will:

• be a responsible and engaged member of the University community;
• strive to represent your club on and off the field and show respect for all members of the University and the wider community;
• lead by example, being cognisant that both your own and your club's reputations are at stake when you are participating in BUCS and NGB competitions, attending lectures, on training camps or simply socialising with friends.

 

Academic Standing

As a student athlete you will:

• assume full responsibility for your academic progress and achievement;
• make every effort to stay in good academic standing at the University;
• fulfil all of your academic commitments as published by your academic Department - unless prior consent has been obtained in the form of a Concession to enable those commitments to be adjusted.

 

Role as a Durham University Ambassador

As a student athlete you will:

• when travelling for competition or training as a representative of both Durham University and your club, behave responsibly and portray a positive image of Durham University at all times.

 

Social Media

As a student athlete you will:

• not author, forward, or post vulgar or offensive notes, texts, photographs, or other content that reflects negatively upon yourself, your club, other individuals or the University, or that conflict with the spirit or intent of this Code;
• whenever possible, discourage others from posting text or photographs that could be deemed unflattering or damaging to your, or others’, reputation, or the reputations of the club or the University.

 

UK Anti-Doping (UKAD)

Durham University is working with UKAD to become a Clean Sport University.

 

As a student athlete you will:

• not use or distribute banned substances, including illegal and “performance enhancing drugs”;
• not take prescription drugs unless they have been prescribed for you by a medical professional;
• attend your clubs' UKAD awareness training;
• bring to light with Team Durham staff any failed drugs test.

 

Sexual Violence and Misconduct

As a student athlete you will:

• not initiate or engage in non-consensual sexual contact or sexual harassment;
• acknowledge that all forms of harassment and non-consensual sexual contact are prohibited both by law and Durham University regulations;
• agree to undertake the Sexual Violence and Misconduct on-line training as part of your personal growth.

 

Remaining informed of Durham University and Durham SU policies

 

As a student athlete you will:

• be responsible for your own behaviour and for reading, understanding, and abiding by the policies that apply to you.

 

Initiations

As a student athlete you will:

• not participate in initiations* of any sort;
• acknowledge that such acts, either in connection with membership of a TD team/squad, participation in an informal or formal club activity, or for any other reason, are strictly prohibited;
• refrain from any act, whether physical, mental, emotional, or psychological, that subjects another person, voluntarily or involuntarily, to anything that may abuse, mistreat, degrade, humiliate, harass, or intimidate another person. Such acts may include, but are not limited to: forcing, requiring, or pressuring others to consume alcohol or any other substance; forcing, requiring, or pressuring others to involuntarily perform physical activities, or pressuring others to take part in an illegal or indecent activity; or physically abusing others in any way.

 

*Our definition of an initiation is an event in which members (often new members) of the club are expected to perform any activity as a means of gaining credibility, status or entry within a club. This pressure is often (although not explicitly) exerted upon first year students and may involve the consumption of alcohol, eating concoctions of various food stuffs and performing dangerous, illegal or humiliating acts.

 

 

 

 

What happens if there is a breach of the Code of Conduct?

Student-athletes are, naturally, members of the Durham University student body and, as such, are subject to the Non-Academic Misconduct Disciplinary Procedure. It is this procedure which will be invoked if a student athlete is alleged to be in breach of the Team Durham Student Athlete Code of Conduct.

 

Upon receipt of an allegation of student misconduct, an Authorised University Officer or their delegated representative will determine whether the alleged misconduct should be investigated locally as an allegation of a “Category 1” offence or, instead, be referred to the Senate Discipline Committee as an allegation of a “Category 2” offence.

 

“Category 1” offences involve allegations of student misconduct which, whilst serious in nature, do not seriously affect or cause serious damage to the University, its academic reputation or its staff or students. “Category 1” offences are considered less serious in nature but will warrant formal investigation and possible sanction.

In the context of Team Durham, offences that are considered to be “Category 1” shall be investigated by the Authorised University Officer, or their delegated representative, within the Colleges and Student Experience Division. The Authorised University Officer has authority to apply any, or all, of the following sanctions:

• A club fine of up to £1,000, or individual fines.
• Removal or suspension of individuals from the relevant club.
• Removal or suspension of teams from BUCS and all other competitions.
• Removal or suspension of clubs from BUCS and all other competitions.
• Community / charitable work.

Should an incident occur towards, or at the end, of the competitive season, the penalties may be applied for the following season.

 

“Category 2” offences involve allegations of student misconduct that either do or have the potential to seriously affect or cause serious damage to the University, its reputation or to its staff and students. “Category 2” offences are considered more serious in nature and warrant investigation and possible sanction by the Senate Discipline Committee.

 

Sanctions for “Category 2” offences include exclusion from the University and other sanctions that may impact on a student’s academic progress.

 

Appeal against a decision under the “Category 1” Offence procedure

A student may exercise the right to appeal by writing to the Student Conduct Office within 10 working days of receiving the outcome of the investigation. The appeal process will not re-investigate the offence.

The request for the right to appeal will be considered by the Director of Experience Durham (or PVC Colleges and Student Experience where the Director has already been involved in the case). The student will be asked to state the grounds of their appeal, and the right to appeal will only be granted if there is evidence of the following:

1. a) Procedural irregularity.
2. b) Evidence of further material circumstances which could not reasonably have been expected to have been submitted for consideration at the time of the investigation/hearing.
3. c) The sanction imposed was disproportionate to the offence.

 

If there are grounds for appeal, the Director / PVC Colleges and Student Experience will review the papers, but will not re-hear the case or interview the student/s. They may then decide to take action as follows:

1. a) Uphold the original decision.
2. b) Refer the case back to the AUO to reinvestigate in light of new evidence or in a procedurally correct manner. This may involve the reallocation of the case to an AUO who had no prior involvement in the case.
3. c) Uphold the original decision but reduce the sanction.
4. d) Overturn the original decision and remove the sanction.

If the Director of Experience Durham/ PVC Colleges and Student Experience decides that the student has not demonstrated sufficient grounds for appeal, the appeal will be dismissed. The decision is final and the student shall receive a ‘completion of procedures’ letter summarising the reasoning and outcome of the appeal, and the right to complain to the Office of the Independent Adjudicator and the deadline for submitting a complaint.

 

Appeal against a decision under the “Category 2” Offence procedure

A student may exercise the right to appeal by completing the Disciplinary Offences Appeal Form and submitting it to the Student Conduct Office within 10 working days of receiving the outcome of the Panel. The appeal process will not re-investigate the disciplinary offence.

The request for the right to appeal will be considered by the Pro-Vice Chancellor (Colleges & Student Experience) (or their nominee). The student will be asked to state the grounds of their appeal, and the right to appeal will only be granted if there is evidence of the following:

1. a) Procedural irregularity.
2. b) Evidence of further material circumstances which could not reasonably have been expected to have been submitted for consideration at the time of the investigation/hearing.
3. c) The sanction imposed was disproportionate to the offence.

Within 20 working days of the appeal being received by the Student Conduct Office, it shall be forwarded to an appointed lay member of University Council together with all of the information considered at the Disciplinary Panel.

If there are grounds for appeal, the lay member of University Council will review the papers, but will not re-hear the case or interview the student. They may then decide to take action as follows:

1. a) Uphold the original decision.
2. b) Refer the case back to a Disciplinary Panel for a rehearing in light of new evidence or in a procedurally correct manner. The Panel would be comprised of members who have had no prior involvement in the case.
3. c) Uphold the original decision but reduce the sanction.
4. d) Overturn the original decision and remove the sanction.

If the lay member of University Council decides that the student has not demonstrated sufficient grounds for appeal, the appeal will be dismissed.

Except in cases where further action is to be undertaken, the decision is final and the student shall receive a ‘completion of procedures’ letter summarising the reasoning and outcome of the appeal, and the right to complain to the Office of the Independent Adjudicator and the deadline for submitting a complaint.