LEARNING AND BEHAVIOUR POLICY

Authors: / Teaching & Learning / Approved by: / PRC
Version: / Version 1 / Date of Approval: / July 2012
EIA: / September 2012 / Review Date: / September 2015

The Policy is available online at E-ZONE or on WAES’website

If you require the Learning and Behaviour Policy in an alternative format contact tel 020 7297 7297

Contents Page

  1. Purpose 5
  2. Scope 5
  3. Summary of Stages 5
  4. General Principles 5
  5. Support for Learners
  6. Support for Learners with Additional Needs
  7. Communication and Notice of Meetings
  8. Learners Attendance at Meetings
  9. Learners under 18yrs & Vulnerable Adults and Safeguarding
  10. Recording, Monitoring and Reporting
  11. Roles and Responsibilities
  12. Cases Involving the Police
  13. Related documents
  1. Formal Stage 8
  2. Minor Breaches
  3. Cause for Concern (CfC)
  4. CfC Review Meeting
  5. First Warning Review Meeting
  6. Final Warning Review Meeting
  7. Appeal
  8. Serious Incident 9
  9. Serious Breaches
  10. Involvement in a Serious Incident
  11. Following an Incident
  12. Asked to leave the College or Suspension
  13. Investigation
  14. Disciplinary Hearing
  15. Appeal
  16. Appeal 12
  1. Appendix 1: Learning and Behaviour Agreement 15
  1. Appendix 2: Learning and Behaviour Policy Summary 18
  1. Appendix 3: Learning and Behaviour Policy flow chart 20
  1. Appendix 4: Templates – a.Cause for Concern 21

b.First Warning 23

c.Final Warning 24

Abbreviations

  • WAESThe Service
  • ALSAdditional Learning Support
  • CfCCause for Concern
  • ICT Information and Communication Technology
  • ID Identification
  • LLDDLearner with Learning Difficulty and/or Disability
  • MISManagement Information System

1.Purpose

WAES aims for all learners to have an enjoyable, safe and successful time while studying at WAES. WAES expects learners to take responsibility for their learning and to work hard to achieve their learning goals.

The Learning and Behaviour Policy aims to identify and support learners who are at risk of underachieving or failing their course and to keep staff and learners safe.

This policy is based on the principles of mutual respect and responsibility, enabling learners to learn and staff to teach and support learning. These aims are supported by the Learning and Behaviour Agreement (Appendix 1).

2. Scope

The policy applies to all learners while they are enrolled at WAES, including when on work placements, educational visits, trips and other external Service activities. It also applies to Service learners taking programmes through franchise partners who have been contracted to provide services on behalf of WAES.

3. Summary of Stages

WAES will use the Learning and Behaviour Policy when a learner is alleged to have breached the Learning and Behaviour Agreement. Whenever possible concerns and issues should be dealt with informally and the learner supported. The Formal Stage or Serious Incident should only be used when informal action has failed or is considered inappropriate.

The policy has two parts:

  • The Formal Stage will be used to support learners, address issues and deal with minor breaches of the Learning and Behaviour Agreement. The Formal Stage has three levels: Cause for Concern, First Warning and Final Warning.
  • Serious Incident and Disciplinary Hearing will be used to deal with serious breaches of the Learning and Behaviour Agreement.

Learners have the right to appeal against the decision to withdraw or exclude them from the course and/or Service.

4. General Principles

When a learner is the subject of a Formal Stage, Serious Incident or a Disciplinary Hearing or an Appeal (as appropriate) the following will normally apply:

4.1Support for Learners (Formal Stage)

The learner’s tutor and/or Curriculum Manager will support them; examples of support that may be given include:

  • Discussing concerns with the learner (attendance, punctuality, completion of work, behaviour).
  • Exploring particular reasons or extenuating circumstances.
  • Clearly explaining expectations around improvements and the possible consequences of not addressing these which includes a First Warning, Final Warning or being withdrawn from their course and/or WAES.
  • Devising an action plan with the learner to achieve their targets.
  • Referring them to internal support, i.e. welfare advice, career and education advice and financial support, as necessary.
  • Monitoring their progress.
  • Gathering feedback from tutors/support staff in preparation for a review meeting.
  • Support for Learners with Additional Needs (All Stages)
  • Learners with a learning difficulty or disability, vulnerable adults and ESOL learners can access support in using the policy by contacting WAES’s Learning Support Coordinator.
  • WAES’sLearning Support Coordinatorwill be notified when a learner with a learning difficulty or disability or vulnerable adult is involved in a Serious Incident or subject to a Disciplinary Hearing.
  • Reasonable adjustments will be made to the process to accommodate the needs of a disabled learner.

4.3 Communication and Notice of Meetings

Communication with learners will be via letter and email Learners will be:

  • Given at least 5 working days notice in writing of a review meeting.
  • Given at least 10 working days notice in writing of a Disciplinary Hearing and Appeal Hearing.
  • Informed of the outcome of meetings and hearings in writing normally within 5 working days.

4.4Learners Attendance at Meetings

  • If a learner does not attend a Review Meeting, Disciplinary Hearing or Appeal Hearing WAES will make reasonable enquiries as to why they are not present and decide whether, in all the circumstances of the case, it is fair and reasonable to go ahead in their absence.
  • If the meeting or hearing does go ahead without the learner being there, a decision will be made in their absence and they will be informed of the outcome.

4.5Learners under 18 years and Vulnerable Adults
Communication will be via email or letter. Parent/guardian/carer will be:

  • Invited to attend review meetings with at least 5 working days notice in writing.
  • Informed of the outcome of meetings in writing normally within5 working days.
  • Informed immediately when a learner is required to leave WAES premises.
  • Invited to attend a Disciplinary Hearing with at least 10 working days notice in writing.
  • Informed of the outcome of the Disciplinary Hearing in writing normally within 5 working days.

Safeguarding

Where it has been identified that WAES should not contact the learner’s parent/guardian/carer or there are strong indications that contact may impact on the learner’s safety WAES reserves the right not to involve or inform the learner’s parent/guardian/carer in the disciplinary process (at the discretion of a designated child protection nominee).

4.6Recording, Monitoring and Reporting

  • Formal Stage, Serious Incident and Disciplinary Hearing records are kept on the learner’s file for the duration of their course.
  • Records of Serious Incidents, Disciplinary Hearings, Exclusions and Appeals are recorded on a central Service database and are kept for 5 years electronically.
  • Exclusions are flagged on WAES’s MIS system for the period of the exclusion.
  • Withdrawals, exclusions and appeals are monitored by equality and diversity categories and are reported to the Head of Service, WAES senior management team and the Governing Body.
  • Monitoring is used to identify equality and diversity issues and areas of action to address inequalities.
  • The Policy and Learning and Behaviour Agreement are reviewed annually.
  • Roles and Responsibilities

A policy summary (Appendix 2) and flow chart (Appendix 3) detail the staff roles and responsibilities.

  1. WAES

It is the responsibility of all Service staff to help make all learners aware of the Learning and Behaviour Policy and associated documents. WAEShas a responsibility to tell learners at the start of their programme about the behaviour that is required of them and the type of action WAEScan take if they do not comply with the Learning and Behaviour Agreement.

  1. The Head of Service

The Head of Service is ultimately responsible for the Learning and Behaviour Policy,as detailed within the Instrument and Articles of Government. On behalf of the Head of Service the decision to:

  • Suspend a learner is delegated to the Deputy Head of Service/Director/Head of Faculty/Duty Manager
  • Exclude a learner is delegated to the Deputy Head of Service
  • Withdraw a learner is delegated to the Deputy Head of Service, a Head of Facultyor Curriculum Manager

(Service Managers refers to Head of Service, Deputy Head of Service, Directors, Heads of Faculty, Area Leaders, Curriculum Manager and Duty Managers.)

  1. Learners

All learners are required to comply with the Learning and Behaviour Agreement. By enrolling withWAES,learners are agreeing to follow Service policies, and WAESmay take action against learners who do not follow them. Learners will be told about and asked to sign the Learning and Behaviour Agreement at the start of their programme.

4.8 Cases Involving the Police

  • When WAESreasonably suspects that a learner has committed a criminal offence, the matter may be referred to the police.
  • When a learner has or may have breached the Learning and Behaviour Agreementand the matter is being investigated by the police or is the subject of criminal proceedings, WAESmay start or continue with its own formal sanctions and procedures or it may decide to postpone further action pending the outcome of the police investigation/criminal case.
  • WAESwill not be bound by the results of a police investigation or criminal proceedings against a learner. No learner will be automatically dismissed or otherwise disciplined because he or she has been charged with or convicted of a criminal offence.

4.9 Related Documents

The following documents associated with the Learning and Behaviour Policy can be found on WAES’swebsite and E-Zone

  • Anti-Bullying and Harassment Policy
  • Assessment Malpractice Policy
  • Equality and Diversity Policy
  • ICT Acceptable Use Policy
  • Learning and Behaviour Agreement

5. Formal Stage

WAESwill use the Formal Stage to deal with alleged minor breaches of the Learning and Behaviour Agreement.

5.1Minor Breaches may include:

  • Poor attendance and/or punctuality
  • Not handing work in on time
  • Handing in poor quality or insufficient work
  • Poor or challenging behaviour such as talking at the wrong time, using mobile phones, inappropriate language
  • Rudeness towards staff or other learners
  • Failing to follow a reasonable instruction made by a member of Service staff

Wherever possible issues and concerns should be dealt with informally through discussion between the learner and teacher/tutor to establish the facts and circumstances. The Formal Stage should only be used when informal action has failed or is considered inappropriate.

Entering the Formal Stage may result in a learner being withdrawn from WAES.The Formal Stage has three levels: Cause for Concern, First Warning, and Final Warning. A progress meeting can be held at any time in the Formal Stage if targets have not been met with 5 working days notice in writing.

5.2Cause for Concern(CfC)

  • A CfC can be raised and actioned by a tutor following informal action (Appendix 4 – Template 1).
  • A learner may have multiple CfCs raised.
  • There is no automatic progression onto a First Warning or Final Warning from a CfC.

5.3CfC Review Meeting

  • Targets are reviewed and progress discussed (Appendix 4 – Template 2).
  • Outcome and action decided.
  • Possible outcomes:
  1. No further action at this time, records stay on file and active
  2. CfC is reissued - targets set and a review meeting arranged
  3. Case is referred to the learner’s course team leader
  4. First Warning is issued by course team leader

5.4First Warning ReviewMeeting

  • Targets are reviewed and progress discussed (Appendix 4 – Template 2)
  • Outcome and action decided
  • Possible outcomes:
  1. No further action at this time, records stay on file and active
  2. First Warning is reissued - targets set and a review meeting arranged
  3. Final Warningis issued (Appendix 4 – Template 3)

5.5Final Warning Review Meeting

  • Targets are reviewed and progress discussed
  • Outcome and action decided
  • Possible outcomes:
  1. No further action at this time, records stay on file and active
  2. Final Warning is reissued - targets set and a review meetingarranged
  3. Withdraw the learner from the course and/or Service (Appendix 4 – Template 3)

5.6Appeal

Learners have the right to appeal against the decision to withdraw them from the course and/or Service (see Appeal section).

6.Serious Incident

6.1WAESwill use the Serious Incident and Disciplinary Hearing to deal with serious alleged breaches of the Learning and Behaviour Agreement.

Serious Breaches may include:

  • Persistent and serious disruption to the learning of others
  • Serious actual or threatened violence, verbal abuse or bullying
  • Any illegal activity; including selling or taking non-prescription drugs, and carrying weapons
  • Using technology to produce, access, send or download violent, obscene or offensive material or participate in cyber bullying
  • Discrimination or harassment either directly or indirectly related to a person’s race (colour, nationality, ethnic origin), religion or belief, age, gender, marital status, sexual orientation, gender orientation, or disability
  • Malicious damage to or theft of Service/staff/learner property
  • Bringing serious harm to the reputation of WAES

6.2Involvement in a Serious Incident and Disciplinary Hearing may result in a learner being excluded from WAES.

6.3Following an Incident

  • The Head of Service, Deputy Head of Service, Director, Head of Faculty, or Duty Manager may require a learner to leave WAESpremises immediately if a learner’s continued presence is likely:
  • To constitute a threat to persons or property
  • To cause undue disruption to the normal operation of WAES

Either of the above may result in:

  1. A learner’s ID being withdrawn.
  2. A learner not being permitted to return to the Service until they have permission to do so from the Head of Service, Deputy Head of Service, Director or Head of Faculty.

This is not a disciplinary penalty; it is an interim measure. The Head of Service/Deputy Head of Service/Director/Head of Faculty will act promptly (as soon as possible and usually within 3 working days) and consider whether to:

  • Permit a learner to return to Service
  • Suspend the learner
  • Allow work and assignments to be sent to a learner’s home or be made available from E-zone/Moodle as appropriate

6.4Suspension

  • Examples of behaviour that may lead to a suspension are: physical assault; carrying weapons; selling drugs.
  • Following an incident or at any point during an investigation or prior to a Disciplinary Hearing the Head of Service, Deputy Head of Service, Director or Head of Faculty may suspend a learner:
  1. To prevent a threat to persons or property
  2. To prevent undue disruption to the normal operation of WAES
  3. To prevent interference with the investigation
  4. To protect the best interests of a learner
  • A suspension is not a disciplinary penalty; it is an interim measure pending the outcome of a Serious Incident investigation and/or Disciplinary Hearing.
  • When suspended, a learner must not return to Service until they have permission to do so from the Head of Service, Deputy Head of Service, Director or Head of Learning Area.
  • While suspended, work and assignments will be sent to a learner’s home or made available from E-zone/Moodle as appropriate

6.5Investigation

A WAES Manager (usually a Head of Faculty) will act as investigating officer. They will:

  • Carry out an investigation to establish the facts and circumstances
  • Obtain statements from the learner or from any third parties, by interview or in writing
  • Produce a report on the findings of the incident
  • Recommend an outcome to the Deputy Head of Service
  • Possible outcomes:
  1. No case to answer, no further action
  2. Issue a Formal Stage (First or Final) - targets set and a review meeting arranged
  3. Disciplinary Hearing

WAESwill write to the learner normally within 5 working days of the incident, informing them of the outcome of the investigation

6.6Disciplinary Hearing - Notice

When possible, the hearing will take place within 10 working days of the incident.

Learners will be: sent a copy of the case against them as soon as possible, usually within 5 working days of the incident, including:

  1. confirmation of the alleged breaches of the Learning and Behaviour Agreement
  2. copies of the evidence gathered during the investigation
  3. copies of documents that WAESintends to rely upon at the hearing
  • Given at least 10 working days written notice of the date/time of the Disciplinary Hearing
  • Asked to provide a written statement of their response to the case at least 2 working days before the Disciplinary Hearing

6.7Disciplinary Hearing - Learners

  1. Learners can bring up to two people (for example: a friend or relative)
  2. Learners may not bring legal representatives with them
  3. With the agreement of WAES, learners with particular requirements may bring three people:
  1. Learners with a learning difficulty and/or disability may bring a support worker
  2. Learners for whom English is a second language may have an interpreter
  1. Learners must inform the Deputy Head of Service at least 3 working days before the Disciplinary Hearing if they wish to bring three people or if they need help with arranging a support worker or interpreter

6.8Disciplinary Hearing - Service
Service staff present at a Disciplinary Hearing include:

  1. The Disciplinary Hearing panel made up of:
  1. The Deputy Head of Service/Director, who has not been involved in the case, who will act as Chair
  2. A Service Manager who has not previously been involved with the case
  1. A Service Manager (usually the investigating officer) to present the case
  2. An HR Assistant (or equivalent) will take minutes of the Disciplinary Hearing

6.9Disciplinary Hearing - Process
The process to be followed at the Disciplinary Hearing will be:

  • WAES(usually the investigating officer) will present WAES’scase.
  • The learner (or parent/carer/support person) will present their case.
  • The members of the panel may ask questions.
  • WAES(usually the investigating officer) will summarise WAES’s case.
  • The learner will summarise their case, explaining any special circumstances. The panel will adjourn, to consider its decision.

6.10 Disciplinary Hearing - Possible Outcome

  • Dismiss the case against the learner and readmit the learner to their course/s
  • Issue a Formal Stage (First or Final) - targets set and a review meeting arranged
  • Recommend, as and where appropriate, that the learner:
  • replace damaged items
  • write an apology
  • seek support and guidance from external agencies to resolve issues raised as a result of the incident, for example, anger management
  • Exclude the learner from all Service courses and premises:
  • The period of exclusion will vary depending on the seriousness of the breach and the particular facts and circumstances of the case
  • The exclusion will be for a specific period or permanently
  • When excluded for a specific period, the learner will be informed of the exclusion end date
  • While excluded the learner will not be allowed to enrol on a course at any centre of WAES

6.11Notice of Outcome
The learner will be informed of the outcome with reasons as soon as possible, usually within 5 working days of the Disciplinary Hearing.