Disciplinary Action

Key points

• The University takes breaches of the Policies very seriously. Any individual found to have breached any of the Policies will usually be subject to disciplinary action. This is applicable for all levels of seniority within the University.
• Every situation is different, and the response of the University will depend on the particular circumstances of the case. Each case will be dealt with sensitively and on a case-by-case basis. The range of sanctions for breaches of the Polices will vary according to the seriousness and circumstances of the offence and in line with the Student Code of Conduct and the Disciplinary Statute but may include suspension and expulsion from the University in the case of students, or termination of employment in the case of employees. Sanctions that can be imposed are specified in the University’s Statutes, the Student Code of Conduct and/or under the AUC Procedures.
• At all times, the principles of natural justice will be adhered to and a disciplinary sanction will only be issued following a fair disciplinary procedure in accordance with the Student Code of Conduct and the Disciplinary Statute. 
• In cases where the behaviour complained of is admitted by the respondent, an investigation to gather the facts as set out in this procedure will still take place. Following this and depending on the outcome of the investigation, the relevant disciplinary procedure may ensue.
• A complainant will be kept up to date with information that is relevant to them in relation to action taken following an investigation process. This can include, being informed as to whether a disciplinary process has taken place, whether a sanction has been issued and information on any precautionary measures that are to be lifted. Any information shared will be in accordance the principles of natural justice and fairness for the complainant and respondent.

Victimisation/ Penalisation

The University is committed to addressing dignity and respect issues equally and consistently for all involved. Members of the UCD community are encouraged to come forward and report incidents of inappropriate behaviour so that the University can respond and address issues in accordance with its commitment to provide a safe environment for all. 

• A complainant will not be victimised or penalised for making a complaint in good faith, for giving evidence in proceedings, or by giving notice of intention to do so. 
• The Employment Equality Acts, 2012, (s74(2)) protects employees who for example seek redress or give evidence in proceeding by prohibiting their being victimised by dismissal or other penalty for doing so no matter the seniority of the respondent. 
• The Safety, Health and Welfare at Work Act, 2005 (the “2005 Act”) prohibits employers from penalising employees for making complaints in respect of health and safety matters in the workplace. Penalisation under the 2005 Act is defined as any act or omission of an employer which affects a term or condition of employment of an employee to their detriment. Penalisation could include suspending, demoting, dismissing an employee or reducing their wages. 
• Witnesses who participate in an investigation will be protected against victimisation or penalisation.  Where a witness reports any issues of victimisation, this will be investigated separately.
• No assumption of guilt will be made towards the respondent during the investigation process. They are entitled to a fair investigation process.
• Complaints of victimisation or penalisation are taken very seriously by the University, if any individual has any concerns in relation to negative treatment, they should speak to their line manager/Head of School/Programme Manager, Associate Dean or alternately contact the Dignity & Respect Support Service adviser. 
• Complaints of victimisation or penalisation will be investigated in accordance with section 4. A formal complaint form should be submitted in accordance with section 2.1. 
• The University takes complaints of victimisation or penalisation very seriously. Any individual found to have victimised or penalised a member of the UCD community will be subject to disciplinary action no matter the seniority of the respondent. This is applicable for all levels of seniority and members of the UCD community.

While there is no specific legislation referring to victimisation for students, the same principles will apply.