1. Principles

In recommending and/or determining an appropriate penalty for a proven instance of misconduct, an inquiry body and/or decision-maker must take into account:

1. the nature and context of the misconduct, including:

• the objective circumstances of the misconduct (the facts in relation to the gravity of the misconduct itself) in order to gauge an appreciation of the seriousness of the misconduct;
• the subjective circumstances of the student (aggravating and mitigating factors relating to the student rather than to the misconduct);

2. whether a student has admitted the misconduct, and/or has come forward of his or her own accord;

3. whether intent can be proven;

4. the student's expression of remorse or apology (where relevant);

5. the student's past conduct (see 3.15 Schedule 4 Guidelines relating to Student Misconduct and Appeals). The nature and extent of a student's previous record of misconduct should be considered in all cases whether academic or non-academic misconduct;

6. penalties imposed for previous similar cases to ensure consistency in decision-making;

7. the consequences of the penalty for the individual student (see section 4 below Differential effects of penalties).

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