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Learner Behaviour and Disciplinary Policy & Procedures
1. INTRODUCTION
The aim of John Ruskin College is to enable learners to make a smooth transition from school to College then university or employment. We want all learners to achieve their maximum potential. The efforts of staff at the College are directed towards helping learners develop their academic and their personal and social skills. Every attempt will be made to resolve difficulties informally and at an early stage to ensure learners remain on course and succeed in the qualification of their course. To support learners, the College has established a Learner Contract in which expectations, rules and disciplinary procedures are clearly defined.
2. SCOPE
This document sets out the procedures which should be followed where the Learner Contract is allegedly breached. Breach of the Learner Contract may lead to disciplinary action being taken against a learner and repeated breaches or a single very serious breach may result in a learner being excluded permanently from the College. The main objective will always be to assist learners to remain productive members of John Ruskin College wherever possible.
3. PURPOSE
The purpose of this policy is to articulate the central values, rights and responsibilities which underpin the management of student behaviour. It has as a central pillar the Principles of Restorative Approaches. The Restorative Approaches will provide an alternative to the belief that punishment will change behaviour and achieve compliance. Restorative Approaches will be used as an educative approach, to help those involved to learn how to change. Restorative Approaches will underpin this policy and offer, when appropriate, an alternative to the traditional responses to challenging behaviours. The policy will be applicable in College, on College trips, work experience and also, where appropriate, when students are representing the College in the local community. This policy aims to assist the students and others working with them to satisfy all of the following Every Child Matters outcomes: “Safe” – from maltreatment, abuse and neglect; from accidental injury and death; from bullying and intimidation; from anti-social behaviour; and have stability and security and are well-cared for. “Healthy” – physically, mentally emotionally and spiritually; living a healthy lifestyle; choosing not to take illegal drugs. “ Enjoy and achieve” – that the child is ready, attending and enjoying school; achieving nationally recognised educational standards; enjoying recreational activities.
“Economic well-being” – encouraging the child to engage in further education or employment; ensuring that they live in decent homes and sustainable communities; have access to transport and material goods; and come to live in households free from low income. “Make a Positive contribution” being involved in the community and society and not engaging in anti-social behaviour. The Learner Contract We believe that good behaviour is an integral part of the learning process. Individual students have the right to work and develop in an atmosphere of respect, trust, security, honesty and openness – where positive relationships are valued within the school and the wider community and this is embedded into our Learner Contract. The key elements of the Learner Contract are: Clear, shared learning goals; Creation of a safe and caring environment; Enabling, recognising and celebrating individual achievement; Tolerance and understanding of others; Positive cooperative relationships (between students, their peers and adults) are integral to the effective implementation of this policy. Teaching and learning staff will display a copy of the Learner Contract in their classrooms. The principles of Restorative Approaches are: They focus on harm caused by the wrongdoer and actively seek ways of repairing that harm. They help create dialogue and communication. They are fair, open, and honest; treating all participants with respect. Within a safe environment they will allow all participants to engage, learn and gain a shared understanding. This should lead to accepting responsibility, reparation, reintegration, restoration, and behavioural (and cultural) change. Participants are given the opportunity to openly state their views, listen to others and acknowledge their views. RIGHTS AND RESPONSIBILITIES All members of the community of John Ruskin College share the rights to:- Work safely and productively; Share information, skills learned and concepts grasped – without distraction or disruption; Have recognition and reward for successes and efforts; Have self-esteem and well-being enhanced; Work in a co-operative manner and treat each other with respect and dignity; Welcome visitors and similarly to respect their rights; Have equal opportunity to succeed irrespective of race, gender, religion, sexuality, ability or disability (see separate policies). Teaching and Learning The development of students’ social, emotional and behavioural skills will be encouraged by establishing high expectations in all lessons, together with tutorial. Students with more challenging behaviour are identified by the College’s safeguarding, ALS and inclusion system and given additional support, as appropriate. The College has a Learning Support service that offers additional support to students identified by their Community as needing additional support.
Definition of Misconduct The general definition of “misconduct” under the Disciplinary Policy and Procedures is improper interference, in the broadest sense, with the proper functioning or activities of the College, or those who work or study in the College; or action which otherwise damages the College. The policy will endeavour to ensure consistent, fair and equal treatment for all learners when the Learner Contract is broken. The Learner Contract clearly explains the standards of conduct, attendance and performance expected from all learners. Learners agree to abide by these conditions when they sign the Learner Contract. Gross Misconduct A learner accused of behaviour deemed as gross misconduct may be suspended from the College immediately, if possible, pending an investigation. If, on completion of the investigation into the allegation, the College is satisfied that gross misconduct has occurred, appropriate disciplinary action will be taken. The seriousness of the incident and previous disciplinary record, together with any mitigating circumstances will be taken into account. The outcome may lead to a verbal warning, final written warning or permanent exclusion. Examples of Gross Misconduct include:
- Deliberate or reckless behaviour that endangers others.
- Bullying and harassment of others (sexual, cyber, racial, sexuality, religion and disability).
- Threatening behaviour towards, or assault upon, staff, learners or members of the public on College grounds, including sexual, racial and verbal abuse or threats.
- Misusing, damaging or vandalising College property.
- Theft.
- Being in possession of an offensive weapon (as defined by the 1996 Offensive Weapons Act).
- Fraud and falsification of College records and data.
- Cheating in examinations and plagiarism.
- Committing any criminal offence whilst on a College site or College transport or during any College activity e.g. student visit.
- Seriously unruly or disruptive behaviour in College.
- Repeated disregard of the Learner Contract.
- Being under the influence or in possession of alcohol, illegal drugs or other non prescribed mood or behaviour altering substance.
- Breach of the College’s E-Safety Policy.
- Bringing the College into disrepute. Criminal Offences If a member of staff has a genuine reason to believe that a learner has committed a criminal offence, he/she should refer such issues to the Assistant Principal and a member of the Safeguarding team who will decide if the police should be called. The College will then refer the matter to the police and temporarily exclude the learner until the outcome of police enquiry is available. However, the College is not bound by the results of any criminal proceedings against learners in terms of the way it implements its own disciplinary procedures. Parent/Carer/Visitor Conduct The College expects high standards of behaviour from everyone in the College, and this includes the expectation that all parents/carers and their representatives adhere to the principles outlined in the Learner Commitment whilst on College premises. Any violation of this could lead to further action such as being requested to leave the premises.
4. DISCIPLINARY PROCEDURE
Stages of Disciplinary Action The Learner Disciplinary Policy & Procedures provides a framework for learner behaviour, in order to ensure the proper functioning or activities of the College for those who work or study in the College. Stage 1 - The Informal Action Stage The efforts of staff at the College are directed towards helping learners and every attempt will be made to resolve difficulties informally, and at an early stage, to ensure the learner succeeds in the qualification aims of their course. As part of the informal action stage of the disciplinary procedures, learners will receive: Interview/discussion or ‘quiet chat’ Staff should treat cases of petty misconduct or minor failures to comply with the Learner Contract informally, that is by a clear, but informal chat with the learner to indicate to the learner that their progress or behaviour needs attention and to counsel the learner as to the improvement required. A timely and clear indication on each occurrence when their effort or behaviour is not appropriate or sufficient, in order that they are aware of what is expected of them and the steps needed to remedy the situation. This support may commence at any stage but usually there will be a progression. Clear guidance on the effort and behaviour expected of learners at the beginning and throughout their course, e.g. by reference to the Learner Contract, during induction, at regular intervals during tutorial periods and parent consultations. Formal Action Stages Stage 1 - Partnership stage Any breach of the Learner Contract will result in a learner being taken to formal stage 1 procedures. A cause for concern can be raised by any member of staff at any stage. The cause for concern will be sent to the personal tutor. The personal tutor leads the partnership stage. It is their responsibility to action within 24 hours any cause for concern notifications. The personal tutor must seek to understand the learner’s circumstances and put in place a strategy that supports and recognises their needs. A contract will be issued at this stage – either for attendance/punctuality, or for behaviour. The deadline for review of the learner’s progress is two weeks. A copy of the contract should be given to the learner and where the learner is under 18 a copy must be sent to the parent/carer/key worker also. If safeguarding issues are identified this must be referred to the Safeguarding team using the appropriate documentation. Stage 2 - Written Warning If the learner continues to contravene the Learner Contract, fails to meet any conditions attached to the contract issued at stage 1, or if further indiscipline occurs then a standard
In such circumstances, and if the alleged indiscipline is of sufficient seriousness, the learner may be temporarily excluded from his/her course of study. Learners are not allowed to attend College whilst suspended, other than with the express approval of the Assistant Principal. Where a learner fails to comply with the terms of his/her suspension, this will be taken into account at any subsequent hearing. The period of suspension should not exceed 14 days. If a learner’s suspension exceeds 14 days, the learner may appeal to the Assistant Principal against the continuing suspension. See Appendix 4 for KS4 guidelines. A learner who has appealed against suspension or permanent exclusion is not allowed to attend the College, or to enter onto any College site or vehicle, whilst awaiting his/her appeal. Any breach of this condition will be taken into account at any subsequent appeal hearing. Learners who have been permanently excluded from College will not be considered for re- admission. Learners returning to College after suspension A reintegration meeting will be held with the Inclusion and Student Liaison Officer along with a parent, carer, social worker or key worker as appropriate, where an action plan which will be required agreed to address and arrest the problem. A copy should be sent by the personal tutor for the learner’s file, the Curriculum Manager, and Executive PA to the Principal. The Inclusion and Student Liaison Officer must also record it on the Learner Progress File (E-Progress) in Record of Conversation. Any learner who has been suspended will be closely observed by the Inclusion and Student Liaison Officer, or other person appointed, with a weekly review for a 6 week (minimum) period to ensure an effective return to learning.
5. APPEALS PROCEDURE
Learners can appeal against disciplinary action taken. Appeals against Verbal, Written and Final Written Warnings should be made in writing within 5 working days of the date of the warning, stating the reason for appeal, to the Assistant Principal who will forward the details to the appropriate manager. Appeals can only be on two grounds: i) New evidence is available that was not previously considered by the College. ii) That the College has not correctly followed its own procedure. The learner will then be interviewed by the manager who will decide on the appeal and give his/her decision in writing within 5 working days. Appeals against Permanent Exclusion should be made in writing to the Principal within 10 working days of the date of the exclusion letter. The learner, in his/her letter, should clearly state the grounds for the appeal and also include details of any further information, which they wish to be taken into consideration. Appeals can only be on two grounds: i) New evidence is available that was not previously considered by the College. ii)That the College has not correctly followed its own procedure. The Principal will decide how to progress the appeal and will check all documentation and witness evidence associated with the exclusion, verify that College procedures have been adhered to and interview staff and learners where appropriate. The Principal will invite the learner to an Appeal Hearing.
The Principal will then inform the learner of the outcome in writing within 10 working days of the appeal. A copy of this communication will be forwarded to the Curriculum Manager/personal tutor for the learner file and the parent/carer/key worker/employer, where appropriate. If an appeal is successful and the learner is allowed to return to College, then their name must be taken off the central College excluded register and amendments made to their Learner Progress File (E-Progress). The decision of the Principal will be final.
6. MONITORING & REVIEW
The College will establish appropriate information and monitoring systems to assist the effective implementation of our Learner Behaviour and Disciplinary Policy and Procedure. The College will ensure that adequate resources are made to promote this policy effectively and are committed to reviewing this policy on a regular basis. The College reserves the right to make exceptions to this Policy where the Principal, Senior Post holders or Corporation Board deem it to be in the best interest of the learner or the College. Produced and reviewed by : Assistant Principal Learning and Achievement Date : October 2018 Approved by: John Ruskin College Corporation Date: November 2018 Approved by: Learning and Quality Committee Date : 21 November 2019 Approved by : Corporation Board Date : 12 December 2019 Next review Date: September 2022 Policy Code: JRC
The Learner – your commitment During your time here we would expect you to: Work hard to the best of your ability and accept responsibility for your own learning. Be organised and come prepared for all lessons. Complete homework tasks by making good use of independent study time. Ask for help when you need it. Be punctual for all classes and meet all your deadlines. Comply with College rules and regulations in relation to your studies and the College environment. Actively engage in reviewing your progress by keeping My eprogress up to date and attending progress reviews. Make sure that work you submit for assessment is your own. Comply with the John Ruskin College Learning Centre Code of Conduct, E-Learning Agreement and the Anti-Bullying and Cyber Bullying Commitment. Ensure that mobile phones are switched off during teaching related activities and are not brought into exam rooms (even if they are turned off). Not take holidays in term time. Attend all your lessons (attendance below 100% will result in a meeting with your personal tutor). Attend work experience and behave appropriately. Keep your parent(s), carer(s) or key worker(s) informed about important College matters and accept that we will contact your parent(s), carer(s) or key workers(s) directly if the need arises. Remove caps, hats, hoodies or bandanas, before entering the College and remove outside coats in classrooms. Smoke in designated areas only. Dress in a professional manner. We are a vocational college and we expect appropriate dress. No mobile phones (KS4 only) The College is a busy, multi-cultural and a safe community. It is therefore, also important that you: Treat everyone with respect and politeness. Actively support the College commitment to ensure that we are a safe community for all learners to achieve and thrive in. Behave in a responsible and thoughtful manner at all times. Inform staff if outsiders are on the premises. Wear and ensure your identity badge is visible at all times. Look after your valuables (try not to bring anything that is not essential to College). Follow instructions from staff in regard to Health & Safety procedures and on issues of appropriate conduct. Treat College property with care and respect. The College also tries hard to be a good neighbour, so please: Respect the local residents’ right to privacy. Dispose of litter in an environmentally friendly manner. Be aware that you are an ambassador for the College and treat local residents with respect and politeness.
Signature:……………………………… Date:.…………………………………. Parent/Carer/Key Worker: I agree to the terms of this agreement. Signature:……………………………… Date:.…………………………………. Learner: I agree to the terms of this agreement. Signatures. Both the learner and a parent/carer/key worker should sign and date below. This slip must be returned to the learners Personal Tutor within 5 working days of receipt. Name of learner:………………………………………………………………………. Name of tutor:…………………………………………………………………………. Tutor’s signature:…………………………………………………………………….. Tutor Group:…………………………………………………………………………… Dept:…………………………………………………………………………………….. Date:…………………………………………………………………………………….. This contract is valid for the duration of the learner’s study at the College. Learner: please note By signing this document, you agree to the collection, processing and use of individual personal data by the College for the purposes connected with your studies, for the protection of Health & Safety whilst on or off College premises and for any other lawful purpose. You also agree to the sharing by the College of such data with your parents/carers/key workers and appropriate agencies. If there is a change in your personal details or circumstances please contact your Personal Tutor immediately. Parents, Carers or Key Workers: please note. By signing this document, you agree to allow the young person to participate in educational visits, field trips and work experience activities. You will be notified separately if there are any residential visits or activities planned. We ask that you support the learner in meeting their obligations as a learner during their time with us. The College has two parent/carer/key worker consultation evenings each year which we hope you will attend.
Details of incident: Include date, time, location, names of any witnesses etc.
APPENDIX THREE
To be completed by the person witnessing the incident Raise a cause for concern if misconduct or breaches of the learner contract has occurred
Gross Misconduct Form
THIS FORM IS FOR SERIOUS INCIDENTS ONLY
Staff name: Date of incident: Learner name: Learner ID No: Was the Duty Manager called? If so, who was this? Was the learner temporarily excluded? If so, who has their ID card? Was a parent/carer/social worker called? If so, who? Please include contact number used. If learner is KS4 and linked to a school, who was contacted? Please include contact number used. Will an interpreter be required for a disciplinary meeting? Any other details Completed forms to be sent to the Executive Administration Team
APPENDIX FOUR
KS4 Learners
The College will adopt a range of measures to manage behaviour of the learners. Please also note the KS4 Behaviour Strategy which is available on the Intranet and College website. Dependent upon circumstances the following support might be offered A referral to student services (to access the self help group, a counsellor etc). Peer mentoring. Mentoring. Changing class or tutor group either temporarily or permanently. Being put on an Individual Behaviour Plan (BP). Referral to external agencies. Being put on a Support Plan (SP). Dependent upon circumstances the following sanctions might be used (see Appendix one, Learner Contract) Discussion of behaviour with an appropriate member of staff. Communication with home (phone, letter, note in planner, meeting). Detention at morning break, lunchtime or after College. Being removed from a lesson and sent to the Curriculum Manager. Being put on report. Confiscation of an item (see below). Isolation. Physical restraint (see below). Searches of learner or his/her property (see below). Involvement of the police. Fixed term suspension. Permanent exclusion. Rewards include Letter of commendation. Rewards and congratulations in assemblies. Good progress report on eprogress. Further explanations of support Individual Behaviour Plans (IBP) Individual Behaviour Plans can be set up when learners fail to respond to other sanctions. A meeting will be held with parents/carers, the learner and the College to agree targets. A review meeting will be held after an agreed period of time. Further action will depend on whether an improvement has taken place. Record on eprogress in Record of Conversation No Touch Policy The KS4 department operates a no touch policy between learners.
Parents/carers have the opportunity to request a review of their child’s exclusion. Their request must be made within 15 school days of notice being given to them. The review will consist of an appeals panel and all members of the panel will have had up to date training within the last 2 years. Parents/carers may request an appeals panel even if they did not make a case to, or attend, the disciplinary hearing that considered the exclusion. If requested by parents in their application for a review, the Local Authority may appoint a SEN expert to attend the panel and cover the associated costs of this appointment. Managed moves Occasionally when fixed term suspensions have failed and a learner is at serious risk of permanent exclusion a managed move may be considered. The learner, parent/carers and the Local Authority must be included in this decision. The process lasts for 12 weeks and there is a review of progress at 6 weeks. The receiving school/College can decide to end the process at any time if they feel that a learner has not met their expectations. If successful, the learner is taken on to the receiving roll at the end of the process and removed from the roll of the College. If the process is not successful, the learner can be sent back to their original College at any time. If the learner is then subsequently permanently excluded they will be referred to the Fair Access Panel. Transport to the receiving College is normally the responsibility of the parent/carer. This will form part of the discussion between the College, parent/carer and Local Authority. Physical restraint This must be used in proportion and only as a last resort. The Principal (or those authorised by him/her) has the legal right to use physical restraint (the use of reasonable force) on the College site or on a College trip or visit in the following circumstances. To prevent a learner from harming him or herself or others. To prevent a learner from damaging property. To prevent a learner from committing a crime. If Physical restraint has been used A record of the incident must be made (e.g. on an incident reporting form, in the duty manager log, on a learner file etc.). Support should be offered to the parties involved after physical restraint has been used. Searches The Senior Leadership Team and Curriculum Manager (or those authorised by them) has the legal right to conduct searches if there are reasonable grounds that a learner might have illegal drugs, an offensive weapon or any item which might endanger any member of the College community. Any search of a learner or his/her possessions must be carried out by a member of the Senior Leadership Team (or those authorised by them). Searches must be carried out in the presence of another member of staff. The member of staff conducting the search cannot ask the learner to remove any clothing other than outer clothing, shoes and socks. If a learner refuses to be searched, or cannot be persuaded to hand over items, the Police may be called. Any illegal drugs, material or offensive weapons discovered will be handed in to the police by the College. The police will take appropriate action if they think an offence has been committed. The College will support the police in their actions.
The use of Restorative Approaches at John Ruskin College The use of Restorative Justice Approaches can be requested by any staff or learner. The approach will require all staff working with our students to be aware of the principles of Restorative Approaches, and the ability to apply them to resolving situations in their classes, corridors, and elsewhere in the College community. The principles and use of restorative Justice will be a regular feature in the College’s Continuing Professional Development programme both at the beginning of the year and where appropriate at other times. In addition to this a small team of staff have been trained to use the model to resolve more difficult problems, in a formal and structured manner. These staff have been trained to apply Restorative Approaches to conferences with the “Wrong doer and the Harmed”, with the aim of creating restoration and reparation between those involved. The Restorative Questions: What happened? What were you feeling / thinking at the time? What do you think / feel about it now? Who has been affected by what has happened? In what way? What impact has this incident had on you and on others? What has been the hardest thing for you? What do you think needs to happen to make things right? The questions are neutral and non-judgemental, they are about the wrong doer’s behaviour and its effect upon others, and they are open questions which require an answer. They take everyone from the past (what happened) to the future (repairing harm) and require people to reflect on who has been affected. They are likely to help the wrong doer develop some empathy for those affected. How to use the Restorative Approaches Questions: The Restorative Approach model can be applied in a number of ways, ranging from informal work in corridors and classes to formal conferences with the wrong doer and the harmed including working with whole classes. Restorative Chat – informal chat using restorative questions, this does not include formal referral, preparation, contract or debrief but should/may include a follow-up. Individual member of staff takes initiative and leads process. Impromptu Conference – informal conference that might not include formal preparation, but should/may include a contract and a follow up. Individual member of staff takes initiative and leads process. Circle or Classroom Conference – formal conference that requires a formal referral, pre- conference preparation, a contract, debrief and a follow up session. Referral for support can be made to the Safeguarding team for the students concerned. Formal Conference or Parenting Conference – Requires formal pre conference preparation, possibly a home visit, formal referral, a contract and a formal setting a debrief after the conference and a follow up session. Referral for support can be made to the Community Leadership Team for the students concerned. All Restorative Approaches Interventions should be recorded as appropriate on the College’s conduct log system.
