UNIVERSITY STUDENT DISCIPLINE REGULATIONS

SUBSIDIARY LEGISLATION 327.535

UNIVERSITY STUDENT DISCIPLINE

REGULATIONS

4th March, 2016

LEGAL NOTICE 68 of 2016, and 239 of 2017, as amended by Legal

Notices 152 of 2019 and 128 and 303 of 2020 and 354 of 2021.

(1) The title of these regulations is the University Student

Discipline Regulations.

(2) In these regulations, unless the context otherwise requires,

the terms used shall be taken to mean as indicated in the Glossary

of Terms hereunder

Glossary of Terms

Term

Explanation

Assessment

This shall have the same meaning assigned to

it in the University Assessment Regulations

(http://www.um.edu.mt/__data/assets/pdf_file/

0010/24868/Assessment_Regulations.pdf).

Ban

A full or partial withdrawal of the right of

access to University premises, land, buildings,

facilities or services for a fixed period or

pending the fulfilment of certain conditions; or

an order not to approach or initiate interaction

w i t h a g i v e n s t u d e n t , e m p l o y e e o r s t a ff

member or visitor to the University while on

any campus of the University or on premises

from which the University or any Faculty is

operating.

Committee

The Committee of Discipline.

Dean

The Dean of a Faculty or the Director of an

Institute, Centre or School of the University

where a student is enrolled.

Employee

Employees of contractors and subcontractors.

Expulsion

The permanent removal of a student’s name

from the register of students of the University

and a ban from all facilities and privileges

accorded to students. This notwithstanding, a

student who has been expelled may only be

allowed re-admission with the permission of

Senate for such purpose, which permission

may only be granted after the lapse of three

years from the date of expulsion.

Faculty

The Faculty, Institute, Centre or School of the

University where the student is enrolled; also

referred to as “the home faculty”.

Staff Member

This includes any member of the academic

staff, administrative staff, or technical and

support staff of the University.

Student

This includes (a) all persons enrolled and

participating in a course or programme or study-

unit of the University, including auditing students,

and any student who has temporarily suspended

their studies; (b) any other person who is a

candidate for any Assessment by the University;

and (c) any person who has been awarded a

qualification or credits for study-units by the

University, as appropriate.

Suspension

The temporary and normally total exclusion of

a student from any teaching and learning

a c t i v i t y o f f e r e d b y t h e U n i v e r s i t y. A

Suspension may also include a ban. During the

period of suspension, a student shall not be

allowed to register for, or remain registered on,

any study-units.

University context This means any action undertaken in any of the

following contexts

(i) on any campus of the University or

premises from which the University or

any Faculty is operating;

(ii) in the course of any activity that is

being undertaken by the Student on

premises from which third parties are

operating, where such activity is being

undertaken by the student as part of his

course or programme or study-unit or in

fulfilment of an Assessment or

placement required by his course or

programme or study-unit, whether in

part or in full.

These regulations shall be applicable as from 1st July 2020

onwards.

(1) As students of the University, all students are expected

to conduct themselves in a manner which demonstrates respect for

the University, fellow students, staff members, employees and

guests. Students are ambassadors of the University, and are

expected to behave in a way that enhances the reputation of the

University and of all its students and graduates. Students are

encouraged, and supported by the University, to engage actively in

the learning process, to be fully committed to their studies,

determined to succeed and to fully participate in life on campus.

(2) Students 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 other lawful activities at the University or to

participate in the life of the University.

(1) Any report of misconduct by a student shall be dealt

with by the Rector according to the provisions of regulation 6,

provided that where the report concerns minor misconduct, the

Dean shall, for such purpose, undertake the functions of the Rector

to the extent and in the manner stipulated in regulation 6. Where

the report concerns serious misconduct, a Committee of Discipline

shall be appointed by the Rector in accordance with sub-regulation

(2), to deliberate and make recommendations to the Rector for his

action.

(2)

(a) The Committee appointed in accordance with sub-

regulation (1) shall be composed as follows

(i)

a Pro-Rector appointed by the Rector as

Chairman;

(ii) the Dean of the Faculty where the Student is

enrolled, appointed by the Rector as a member,

provided that where the Dean is directly

involved in any incident relating to the

Misconduct, the Rector shall appoint a senior

academic from the Faculty concerned in his

stead;

(iii) one member appointed by Senate; and

(iv) one student representative appointed by Senate

from among the Senate student representatives.

(b) The Registrar shall act as Secretary to the Committee.

(c) The Committee shall strive to convene its meetings

with all members in attendance. This notwithstanding,

it shall be lawful for the Committee to hold up to one

meeting in the absence of a single member, provided

that all efforts shall be made for all members to be

present at the meeting during which the Committee

finalises its report containing its recommendations to

the Rector.

(3) Where a member of the Committee is unable, for whatever

reason, to continue to attend meetings of the Committee, it shall be

within the power of the Rector to appoint a substitute thereof on

written advice from the Chairman, provided that all efforts shall be

made that a given complaint shall always be dealt with by the same

members.

(1) For the purposes of these regulations, "misconduct"

includes any intentional or reckless action, being any one or more

of the following

(a) conducting oneself in any manner which, to any extent

impairs, or is intended to impair, the reasonable

freedom of oneself or other persons to pursue their

studies, research, duties or lawful activities at the

University or to participate in the life of the

University;

(b) disobeying, breaching, or failing to observe any

provision of any statute, regulation or bye-law or any

resolution or direction of the Council or the Senate of

UNIVERSITY STUDENT DISCIPLINE

the University;

(c) disobeying any reasonable instruction or direction

given by a staff member;

(d) using inappropriate language with regard to a staff

member, an employee or a student, whether in person,

in writing, by email, via the internet (including social

media) or otherwise verbally, by word, by written or

by electronic means;

(e)

acting dishonestly or unfairly in connection with any

Assessment conducted by or within the University or

with the preparation or presentation of any assignment,

dissertation or thesis or other work, as governed by the

University

Assessment

Regulations,

including

falsifying or forging any signature of any staff member

in relation to the submission or correction of any

assessment, logbook or official form, or acting in any

manner that is manifestly irregular and that exhibits

bad faith on the part of the student in relation to an

assessment;

(f)

assaulting, attempting to assault, threatening any

person, or acting in any manner which may be

considered violent or which is likely to cause injury or

to impair the safety of others in a University context;

(g) harassing and bullying any one or more of the

following persons

(i) any staff member, employee or student as

detailed in the University of Malta Harassment

and Bullying Policy (available at http://

www.um.edu.mt/__data/assets/pdf_file/0018/

210645/harassmentbullyingpolicy.pdf;

(ii) any person being a visitor to any campus of the

University or any premises from which the

University or a Faculty is operating;

(iii) any person not being a staff member, employee

or student when such harassment or bullying is

effected during the course of any activity that is

being undertaken on premises from which third

parties are operating, where such activity is

being undertaken by the student as part of his

course or programme or study-unit or in

fulfillment of an assessment or placement

required by his course or programme or study

unit, whether in part or in full,

provided that for the purposes of sub-paragraphs (ii)

and (iii) of this paragraph (g), the terms "harassment"

and "bullying" shall have, mutatis mutandis, the same

meaning as assigned to them in the University of Malta

Harassment and Bullying Policy referred to in sub-

paragraph (i) of this paragraph (g);

(h) sexually harassing any one or more of the following

persons

(i) any staff member, employee or student as

detailed in the University of Malta Sexual

Harassment Policy (available at: http://

www.um.edu.mt/__data/assets/pdf_file/0017/

210644/sexualharassmentpolicy.pdf);

(ii) any person being a visitor to any campus of the

University or any premises from which the

University or any Faculty is operating;

(iii) any person not being a staff member, employee

or student when such harassment is effected

during the course of any activity that is being

undertaken by the student as part of his course or

programme or study-unit or in fulfilment of an

assessment or placement required by his course

or programme or study-unit, whether in part or

in full,

provided that for the purposes of sub-paragraphs (ii)

and (iii) of this paragraph (h), the term "sexual

harassment" shall have, mutatis mutandis, the same

meaning as assigned to it in the University of Malta

Sexual Harassment Policy referred to in sub-paragraph

(i) of this paragraph (h);

(i)

entering any place within any campus of the

University or any premises from which the University

or a Faculty is operating which the student is

unauthorized or forbidden to enter by a statute,

regulation or bye-law, or by any direction given to him

by any staff member or any other direction from any

other University authority as relevant to the

circumstances;

(j)

failing to leave any place within any campus of the

University or any premises from which the University

or a Faculty is operating forthwith upon being directed

to leave such place by a staff member;

(k) intimidating, obstructing, disturbing, delaying or

influencing improperly, or attempting so to do, any

member of any board or committee set up under any

statute or regulation or bye-law of the University or

any witness who is appearing or who has been called

to appear before any such board or committee;

(l)

damaging, defacing, destroying, misappropriating or

in any other manner wrongfully handling or dealing

with any goods or property (movable or immovable)

belonging to the University, or any goods or property

(movable or immovable) found in any place within any

campus of the University or any premises from which

the University or any Faculty is operating;

(m) wilfully obstructing or attempting to deter any staff

member in the performance of their duties;

(n) undertaking any of the following in connection with

any assessment

UNIVERSITY STUDENT DISCIPLINE

(i) impersonating another student or preparing any

assignment, dissertation or thesis or other work

that is to be submitted by another student for an

assessment, including also any such work that is

to be submitted by other students following

online courses;

(ii) entering into any agreement with another student

in order to undertake any action listed in sub-

paragraph (i) of this paragraph (n), even though

such action may not in fact have taken place;

(iii) where the assessment is an examination, at any

time prior to such examination, attempting in

any manner procure such material that

constitutes a model or draft intended to be the

examination paper or actual examination paper

to be used for assessing students on that given

examination, or bribing, or attempting to bribe,

any staff member or employee for the purposes

of obtaining access to such examination paper,

or, having seen or come across such examination

paper in whatever form, not reporting such

matter to the Dean;

(o) obstructing any teaching, research, assessment session

or extra-curricular activity or official meeting or

proceeding of the University;

(p) refusing to disclose one’s name and other relevant

details to a staff member or employee in any

circumstances where it is reasonable to require that

information to be requested and supplied;

(q) violating the provisions of the University’s Library

Regulations (available at: http://www.um.edu.mt/

library/about/regulations);

(r) violating the provisions of the University’s IT Services

Acceptable Use Policy (available at: http://

www.um.edu.mt/itservices/policies/aup);

(s) using the name or crest of the University or the names

of staff members or employees or faculties or of any of

the departments, units or offices of the University,

without authorization;

(t)

falsifying or attempting to falsify a record of

achievement obtained at the University including but

not limited to scrolls, diploma supplements and

transcripts, or presenting for admission or for other

purposes a falsified record of achievement purported

to be obtained from another institution;

(u) falsifying or attempting to falsify any official

University documents including attendance records

(including

signatures

of

lecturers,

mentors,

demonstrators or other persons authorized to sign the

relevant documents) for lectures or placements or

laboratory sessions or any teaching activity for

oneself, or for another Student, or having another

Student or any other person falsify attendance records

on one’s behalf;

(v) recording lectures without the explicit permission of

the lecturer, or selling or distributing for commercial

purposes notes, transcriptions, or outlines of lectures,

or any course materials, in any programme of study;

(w) abusing of alcohol or drugs in a University context or

otherwise, provided that in this context “abuse of drugs” is

defined as the using, possessing, offering or selling drugs

to any person;

(x) abusing of alcohol during an event, or in connection

with an event where alcohol is served or permitted to

be consumed, and which is held, sponsored, or

supported by any student society, whether in a

University context or otherwise; or

(y) conducting oneself in any manner which could be

deemed to cause, or potentially cause, harm or

disrepute to the University.

(z)

non-adherence to the University’s Research Code of

Practice (available at:https://www.um.edu.mt/__data/

assets/pdf_file/0011/338942/ResearchCodeofPractice.pdf)

and to the University’s Research Ethics Review

Procedures (available at: https://www.um.edu.mt/__data/

assets/pdf_file/0006/338901/

ReserachEthicsReviewProcedures.pdf) as approved by

Senate.

(2) A Dean may also file a complaint with the Rector

regarding a student in relation to any other intentional or reckless

action which is not included in sub-regulation (1), but which, in the

opinion of the Dean, is tantamount to misconduct due to the

questionable nature of the behaviour in a University context.

(3) Where a Student is subject to any criminal proceedings in

relation to any action that amounts to misconduct under sub-

regulations (1) or (2), such fact shall not in any manner prejudice

the initiation or continuation of disciplinary proceedings by the

University in the student’s regard in terms of these regulations.

(4) If a student is subject to, or convicted of, criminal

proceedings in relation to an alleged offence (whether a crime or

contravention, as defined in the Criminal Code, in respect of which

a term of imprisonment may be imposed upon conviction by way of

a direct punishment, such student shall promptly inform the Dean

in writing, who shall refer such matter to the Rector. The Rector

may, at his discretion, refer the matter to the Committee, on the

advice of which he may impose such disciplinary measures as may

be deemed fit.

(5) If a Student is convicted of an offence (whether a crime or

contravention, as defined in the Criminal Code, of such severity

that a term of imprisonment may have been imposed by way of a

direct punishment (whether or not a term of imprisonment was in

fact imposed), the Dean shall refer the matter to the Rector. The

Rector may, at his discretion, refer the matter to the Committee, on

the advice of which he may impose such disciplinary measures as

may be deemed fit.

(1) A complaint regarding Misconduct by a Student shall

normally be made to the Dean of the Student’s Home Faculty. The

Dean shall consider the complaint within three (3) working days

and shall decide whether it is of a minor or serious nature.

(2)

Where the Dean considers the Misconduct to be of a minor

nature, the Dean shall inform the Student in writing (within five (5)

working days from receipt of complaint) of the report of alleged

Misconduct. On receipt of such communication in writing, the

student shall be given the opportunity to make a written statement

which should reach the Dean within five (5) working days. After

considering the report of Misconduct and the student’s statement,

the Dean shall summon the Student and give the Student a copy of

his final decision in writing,

provided that, for the purpose of this regulation,

“Misconduct of a minor nature” shall mean such type of

Misconduct that is more akin to misbehaviour, or which contains an

element of carelessness or minor negligence, rather than an

intentional act.

(3) Penalties that may be applied by the Dean in incidents of

misconduct of a minor nature shall include one or more of the

following

(a) written reprimand;

(b) written warning;

(c) suspension not exceeding seven days, provided that, in

such case, notwithstanding that provided in the

Glossary of Terms within these regulations, the

Student may remain registered on any given study-

units for which he had registered prior to the period of

suspension.

(4) The complaint, report and final decision regarding any

incident of minor misconduct shall be recorded in the student’s file.

(5) On conclusion of the proceedings relating to incidents of minor

Misconduct, the Dean shall submit a report in writing to the Rector

within three (3) working days of such communication to the Student.

(1) Where the Dean decides that the Misconduct is of a serious

nature, a written report shall be made to the Rector within a maximum of

ten (10) working days from the date in which the Dean gains cognisance

of such Misconduct. In such event, the Dean may, if he so deems fit,

suspend the Student in the manner provided in regulation 6(3)(c),

pending further consideration of the matter by the Rector.

(2) The Dean shall inform the student in writing of the

suspension referred to in sub-regulation (1) and the reason for it,

namely that a complaint alleging misconduct of a serious nature has

been received and that it has been referred to the Rector.

(3) The Rector shall request the Committee to investigate the

complaint and draw up a charge in terms of these regulations.

The Committee shall, within fifteen (15) working days from the

day the complaint is referred to it, inform the Student of the charge by

means of a letter to the address as provided by the Student to the

University, by e-mail to the Student’s University e-mail account, and by

phone, together with a copy of these regulations, as well as the date,

time, and venue when the Student is to appear before the Committee to

answer to the charge.

(1) The student may, within five (5) working days from the

date of communication of the said charge (by letter, e-mail or

telephone call), send a written statement admitting or contesting the

charge. If the student admits the charge, the student may opt not to

attend the meeting with the Committee. If the charge is contested,

the student shall attend the meeting and may identify witnesses to

be heard by the Committee.

(2) The student may be accompanied at the proceedings by a

student or a friend or a member of his family, in which case the

Committee shall be so notified at least two (2) working days in

advance of the hearing. If no such notification is received by the

Committee, the Committee has the right to refuse that person entry

to the meeting.

On the date of the meeting, or on such other adjourned

dates as necessary, the Committee shall hear the complainant who

originally lodged the complaint with the Dean, any witnesses

indicated by the complainant, such other persons as may be called

by the Committee, the student against whom the allegation of

misconduct is made and such other persons accompanying the

student. The Com mittee shall also take cognisance of such

documents as may be referred to it until such time as proceedings

are concluded.

The Committee shall, as soon as possible, but in any case not

later than fifteen (15) working days from the date of the last meeting,

report its findings to the Rector.

The Rector shall notify the Student of the outcome of the

proceedings as soon as possible, but in any case not later than seven

(7) working days from the date in which the report is received by

the Rector,

provided that where the Rector refers the report of the

Committee to Senate in the manner provided in regulation 16, the time

period specified in this sub-regulation shall be taken to mean seven (7)

working days from the date in which Senate communicates its decision

to the Rector.

(1) The

disciplinary

measures

which

may

be

recommended by the Committee to the Rector shall include one or

more of the following

(a) a written reprimand;

(b) a written warning;

(c) the imposition of a fine not exceeding €1000;

(d) the imposition of an order requiring the Student to pay

compensation, representing any such sum of money

equivalent to the costs for the repair or replacement of

any goods or property damaged by the Student in terms

of these regulations;

(e) a Ban;

(f)

the imposition of a period of work to be undertaken

with any organisation having a charitable or

philanthropic purpose;

(g) suspension for a given period as indicated by the

Rector;

(h) expulsion from the University.

(2) The complaint, report and final decision regarding the

misconduct shall be recorded in the Student’s file.

(3) Should the student breach any ban imposed upon him in

terms of sub-regulation (1)(e) or as part of a suspension in terms of

sub-regulation (1)(g), the student shall once again be subject to

disciplinary proceedings under these regulations in relation to such

breach.

(4) Where a fine is imposed upon a student, or an order is made

requiring a student to pay compensation under this regulation, the

student shall be required to pay the fine or compensation within

thirty (30) running days from the day in which such fine or order is

communicated to him.

(5) Where a fine or compensation is not paid within the time

period provided for in sub-regulation (4), or where a period of work

has been imposed upon the student in terms of sub-regulation (1)(f)

and the student fails to fulfil such period of work, the Rector may

suspend the student for such period as he deems fit, as long as such

period shall be commensurate to the amount of the fine or of the

compensation to be paid by the student or to the nature and length

of the period of work which the student was duty-bound to

undertake, whichever may be applicable.

(6) Any fine or compensation imposed in terms of these

regulations shall be paid at the Maltapost branch at the University.

The Committee may, in cases which the Rector deems

urgent, abridge or dispense with any times or formality established

in these regulations, provided that it shall ensure that the student

charged is given a fair hearing notwithstanding such abridgements

or dispensations.

(1) The Committee may, in special

circumstances,

reconsider its decision regarding a given student.

(2) For the purpose of this regulation, "special circumstances"

means solely such circumstances in which new evidence becomes

available in relation to proceedings regarding a given student,

which evidence was not available, or could not in any manner have

been m ade available, to the Committee during the original

proceedings.

Where the report of the Committee recommends to the

Rector the expulsion of a student from the University, he shall,

prior to the taking of such action, refer the report to Senate for its

final decision thereon.