East Durham College - Positive Behaviour and Relationship Management Policy

PROCEDURE TITLE: Positive Behaviour and Relationship Management
DOCUMENT NUMBER: 4.2
PROCEDURE GROUP: Teaching, Learning & Assessment
AUTHOR / REVISOR / OWNER: Carina Tomlinson & Alfie Wilkinson
DATE OF CURRENT VERSION: July 2023
REVIEW DATE: July 2025
IMPACT ASSESSED: Yes
APPROVED BY: CLG
DATES: 12/09/2023

This policy applies to all staff and students who study at East Durham College, including students aged 14 – 16 who have been directly recruited. 

To provide simple, practical procedures for staff and students that: 

 Recognises behavioural norms  

• Positively reinforces behavioural norms 
• Promotes self-esteem and self-discipline 
• Teaches appropriate behaviour through positive interventions 
• Promotes high attendance and punctuality to minimise disruption and enhance employability skills

Behaviour Policy Statement 

 East Durham College is committed to creating a safe, disciplined and positive environment where exemplary behaviour is at the heart of productive learning. Staff, students and visitors are expected to maintain the highest standards of personal conduct, to accept responsibility for their behaviour and encourage others to do the same. 

 East Durham College expects that no person in the scope of this policy and procedure receives less favourable treatment, either directly or indirectly, on the grounds of a protected characteristic. 

 Aim of the Behaviour Policy 

•  To create a culture of excellent behaviour and respect in college.  
• To ensure that all students are treated fairly, shown respect and to promote good relationships. 
• To help students take control over their behaviour and be responsible for the consequences of it.
• To build a safe community which values kindness, care, good humour, good temper, obedience and empathy for others. 
• To promote community cohesion through improved relationships. 
• To ensure that excellent behaviour is a minimum expectation for all. 

1.     Behaviour Blueprint (Students)

READY

 Ready to learn, ready to work 

•  Be on time, use a clock or watch 
• Bring the correct equipment and resources (pen, pencil, homework) 
• Dress appropriately (including PPE) 
• Phone on silent and out of sight and music players off (unless used in class with staff approval) 

RESPECTFUL 

 Respect yourself, respect others 

•  Listen to others and expect to be listened to 
• Use appropriate language and a polite tone 
• Look after the building, displays and equipment 
• Attend all lessons, activities and industrial placements 

SAFE 

 Keep yourself safe, keep others safe 

•  Show you belong, wear your badge and lanyard 
• Follow rules for health and safety, reporting any concerns 
• Be in the right place at the right time 
• Keep negative comments and actions to yourself 

 Failure to follow the behaviour blueprint may result in disciplinary action being taken.  Further information on the disciplinary procedure is in item three.

2.     Behaviour Blueprint (Staff) 

 READY 

•  Be at the door of the teaching room at the beginning and end of each lesson to welcome students  
• Catch students doing the right thing 
• Teach the behaviours you want to see 
• Sustain a passion for your subject 

RESPECTFUL 

•  Treat students how you would want to be treated 
• Keep emotion under check when dealing with behaviour 
• Have unconditional respect for students 
• Build mutual trust and a sense of belonging 

 SAFE 

•  Show you belong, wear your badge and lanyard 
• Follow rules for health and safety, reporting any concerns 
• Be in the right place at the right time and never walk past a student behaving badly 
• Ask for support early enough to make a difference 

 Further information on behaviour management strategies are available at the end of this document. 

3.  The Disciplinary Procedure 

 Where ‘Ready, Respectful, Safe’ requirements are not met, staff should make students aware by referring to the specific expectation and implementing effective classroom management (see Appendix 2 for more information).  At this stage, individual departments have the flexibility to use various reward and consequence strategies such as red / yellow cards or removal from practical sessions or visits. Where reward or warnings are not effective, the disciplinary procedure should be followed (the full procedure can be seen in Appendix 1): 

• Partnership Stage – This should be invoked quickly where there is a cause for concern and a meeting is required to ascertain the reason for the poor behaviour and to put the required support in place.   
• Verbal Warning – This should also be invoked quickly if, after the Partnership Stage, the area of concern still exists and there has been no improvement. 
• Written Warning – To be invoked where, after a verbal warning, the area of concern still exists and there has been no improvement.  It can also be issued where behaviour warrants moving directly to this stage. 
• Final Written Warning - To be invoked where, after a written warning, the area of concern still exists and there has been no improvement.  It can also be issued where behaviour warrants moving directly to this stage. 
• Exclusion / Final Stage - To be invoked where, after a final written warning, the area of concern still exists and there has been no improvement.  It can also be issued where behaviour warrants moving directly to this stage. 

Appeals 

There is no right of appeal to the partnership stage or a verbal warning, although students can use the college complaints procedure if they feel they have been wrongly treated. 

Suspension 

 A student may be suspended, without prejudice, where their presence at college would cause a risk or harm to themselves or others. 

• Teaching, Learning & Assessment Policy (4.1) 
• Anti Bullying Policy (3.2) 
• ProMonitor Meetings and Comments 
• Induction of Students 
• Student Handbook 
• Learning Agreement 
• Standard Letters 

Appendices 

1. Disciplinary Procedure  
2. Practical steps in managing and modifying poor behaviour 
3. Use of force / restraint  
4. Searching Students and Confiscation of Items 
5. Medical Suspension or Exclusion 
6. Non disciplinary suspensions
7. Disciplinaries for learners with Special Educational Needs

Appendix 1

Full Disciplinary Procedure

** a student is considered 18 or under if they are 18 on the 31st of August in the academic year they enrol at the college.  

For learners with Education, Health and Care Plans (EHCPs) the Director of Inclusive Learning must be made aware of all stages disciplinary action.

Partnership Stage

The partnership stage will be implemented where there is a cause for concern e.g. attendance, behaviour or progress issues.  The student will be allocated a Progression Coach or PLT for 14-16 provision who will:

• Support and if necessary, facilitate the restorative meeting between the member of staff and student.
• Develop an appropriate action plan with the student
• Monitor, review and mentor using the action plan
• Discuss both the consequences for the student if not meeting the required action and the positive outcomes for everyone if conduct improves

The meeting details will be recorded on Pro-Monitor and the action plan details will be recorded under smart targets and reviewed by the Progression Coach in collaboration with the member of staff holding the Partnership stage meeting.

The Partnership Stage is supportive rather than punitive and aims to encourage positive behaviour outcomes within the College.  This will aid an understanding by the student of the need or self-discipline by being clear about the standards and the boundaries of behaviour, by helping the student to make mature choices and helping the student consider the long and short-term consequences of these choices. Repeated breaches or a single very serious breach of the Behaviour Management Policy (i.e. gross misconduct) may ultimately result in the student being suspended or excluded from the College.

In some cases, it may be inappropriate to instigate the full disciplinary process for example, mental health, wellbeing, bereavement or long-term illness.  Discretion should be used in such cases, but this should still be monitored and recorded on ProMonitor using the Fitness to Study meeting to be carried out by the PC and PAL.

The student will be instructed to attend an interview.  If the student is under eighteen years a parent may be requested to attend where appropriate.  A student over eighteen years of age, may be accompanied by another College student or representative of her/his choice.  The student will be informed of the appeal process.

Verbal Warning

A verbal warning may be issued by a Course Leader, Progression Coach and/or curriculum staff, the Personal Learning Tutor in Engage or an assessor in work-based learning.

The college may issue a verbal warning if, after the partnership stage the discussed behaviour, attendance or academic progress has not been met OR the seriousness of behaviour warrants moving to the next stage of sanction.  The student will be allocated a Progression Coach who will;

• State the reason for the disciplinary meeting
• If a sanction is agreed inform the student that this is the first stage of the college’s disciplinary procedure
• Decide on the action for improvement which is required of the student
• If appropriate, the timescale for implementing such action
• The consequences for the student of not implementing the required action or of further misconduct
• That the verbal warning will be in force for the remainder of the academic year, or six months, whichever is greater.

All of these matters will be confirmed to the student in writing.

Written Warning

A written warning may be issued by a Programme Area Leader, including in Engage or the Work-based Learning Manager.

The college may issue a written warning if, after the verbal warning the discussed behaviour, attendance or academic progress has not been met, or further misconduct takes place during the currency of the verbal warning, whether or not the behaviour relates to the verbal warning OR the behaviour warrants moving to the next stage the sanction. The student will be allocated a Progression Coach who will;

• State the reason for the disciplinary meeting
• If a sanction is agreed inform the student that this is the second stage of the college’s disciplinary procedure
• Decide on the action or improvement which is required of the student
• If appropriate, the timescale for implementing any such action
• The consequences for the student of not implementing the required action or of further misconduct
• That the written warning will be in force for the remainder of the academic year 
• The right of appeal

All of these matters will be confirmed to the student in writing.

Final Written Warning

A final written warning may be issued by a Curriculum Director.

The college may issue a final written warning if, after the written warning the discussed behaviour, attendance or academic progress has not been met, or further misconduct takes place during the currency of the verbal warning, whether or not the behaviour relates to the verbal warning OR the behaviour warrants moving to the next stage the sanction. The student will be allocated a Progression Coach who will:

• State the reason for the disciplinary meeting
• If a sanction is agreed inform the student that it is the final stage of the College’s disciplinary procedure
• Decide on the action or improvement which is required of the student
• If appropriate, the timescale for implementing any such action
• The consequences for the student of not implementing the required action or of further misconduct
• That the warning will be in force until the end of their course or for six months (whichever is greater) subject to satisfactory conduct. 
• The right of appeal

All of these matters will be confirmed to the student in writing.

Exclusion – Final Stage

A final exclusion may be issued by the Campus Director (see the Engage Exclusion Policy for 14-16 year olds)

The College may exclude a student where:

• The required improvement is not achieved within any timescale stated in a final written warning; or
• Further misconduct takes place during the currency of a final written warning, whether or not it involves a repetition of conduct which was the subject of a previous warning.

On some occasions for misconduct occurring whilst students are staying in College residential accommodation, students may be excluded from residential accommodation but not from all College premises and their programme of study.  Any further instances of misconduct will result in exclusion from their course and all College premises.

Only a member of College Leadership Group may exclude a student.  A student will only be excluded after he or she has received a written invitation to a disciplinary hearing and the disciplinary hearing has been held.  Where the manager determines to dismiss the student, he or she will state the reason, the date on which the exclusion takes effect and inform the student of his or her right to appeal as soon as possible after the end of the disciplinary hearing, or if not, as soon as reasonably practicable.  These matters will be confirmed in writing.  Where it is deemed appropriate a written warning may also be issued or continued in force.  An exclusion will be for a period of 12 months.  If the exclusion is still in place at the start of an academic year and the students wishes to return, a meeting must be held with a member of CLG who will advise whether the student can return.

Appeals

(See the Engage Exclusion Policy for 14-16 year olds)

There shall be no right of appeal against the partnership stage or a verbal warning although the College Complaints Procedure applies if students feel they have been wrongly treated.

Any student who is dissatisfied with a disciplinary decision taken in respect of him or her may appeal against that decision.  Appeals should be in writing, setting out the reasons for the appeal, and should be delivered within 5 working days of the disciplinary decision being taken, to the relevant member of staff.  The student may then be invited to an appeal meeting, which will normally take place within 10 working days.  The appeal meeting may take place after the disciplinary decision has taken effect.  If the appeal is upheld the disciplinary sanction will be revoked without any detriment to the student.

Higher Education Students

Where a disciplinary matter arises for a student who is registered with one the colleges partner Universities (e.g. University of Sunderland or Teesside University) the seriousness of the matter will depend upon the course of action taken. In all instances, the APL should discuss the matter with the Campus Director who will take the final decision on the course of action to be taken.

Comments and Clarifications

• Staff wishing to seek support from Progression Coaches to discuss concerns and problems relating to individual students should use ProMonitor.  For part-time students, the issue should go to the relevant Programme Area Leader via e-mail.

• Progression Coach will act upon comments on ProMonitor as soon as is practical but always within 5 days.  They will consult with students; the person raising the issue and any other appropriate person in order to investigate and support a restorative meeting if appropriate. The PC will record meetings.

• Staff teaching for the Work Based Learning or Community teams should consult with the College manager responsible for this area of work who may in turn contact representatives of the organisation with whom they are working/or are in partnership, before instigating any formal disciplinary action. 

• Each stage of the disciplinary process should be recorded by the relevant member of staff, such information will be retained securely and centrally; any written documentation should be stored securely.

• This procedure shall be independent of any disciplinary procedure operated by the student, sponsor, employer or managing agent.

• When the term ‘parent’ is used in this procedure it should be taken to mean parent/guardian or carer.

• The vast majority of students disciplined within College are full-time students and have a Progression Coach.  In the case of part-time students, the Progression Coach role should be filled by another member of the teaching team, all meetings must be recorded in Pro-Monitor, for support in doing this please speak to a Progression Coach.

• On the rare occasions when student disciplinary action involves a student who is not ‘attached’ to a Directorate then the Manager responsible for that area of work should contact the Vice Principal Curriculum & Performance who will advocate a course of action.

• Progression Coaches will continue working with the student throughout the disciplinary steps. They will report information and trends on student comments and disciplinary action to Curriculum Managers on a monthly basis for consideration at team meetings.

General Principles

The College will not issue a sanction or exclusion without:

• Having carried out a prompt and full investigation.  If appropriate the Vice Principal Curriculum & Performance, or by delegation, a Duty Manager, Campus Director or Curriculum Director can suspend a student from College whilst an investigation takes place if it is felt that the student or other students may be put at risk.  If this occurs, the member of staff may request a member of security to escort the student off the premises (or inform security if the students leave of their own accord) and notify the relevant Vice Principal/Campus Director/Curriculum Director/Programme Area Leader/ Progression Coach the same day.  Before any student is asked to leave the premises, the Duty Manager must establish that the student will be safe, parents are notified immediately of the suspension and that the student can get home.  Before escorting the student off the premises, the Duty Manager/Campus Director/Curriculum Director should take a statement from the student as the starting point of the investigation if appropriate. A student will only be suspended after careful consideration, the suspension will not be unnecessarily protracted, and it will be without prejudice.

And

• Holding a disciplinary hearing.  The student will be invited to attend the hearing and if the student is under eighteen years of age a parent may be requested to attend.  A student over eighteen years of age may be accompanied by a family member, a fellow student or Progression Coach.
• The student will receive a letter setting out the reason for the meeting and possible outcomes.  The letter will also inform the student that he or she must attend a disciplinary hearing to discuss the matter and confirm the date, time and location of the meeting.  Any student who has difficulty understanding such a letter must have this explained to them by their Progression Coach or other relevant staff member.

Wherever possible, each stage of the procedure will be dealt with by a different member of College staff.

Exclusion

For serious instances of misconduct, the process may be escalated, and a student may be excluded without any prior warnings.  The following types of behaviour could result in exclusion after an investigation and disciplinary hearing:

• Threatening behaviour
• Bullying
• Sexual harassment / violence
• Peer on peer abuse (fighting, assault)
• Misuse of social media
• Behaviour in or outside of the college that affects the learning of others or brings the college reputation into disrepute
• Any action likely to endanger seriously the health and safety of any student, member of staff or any other person
• Theft or fraud
• Deliberate or reckless damage to College property or equipment
• Unacceptable behaviour due to alcohol, drugs or substance abuse

This list is not exhaustive.  It illustrates the type of conduct which could merit exclusion for a first offence. 

Investigation

An investigation will be carried out prior to any disciplinary hearing by staff identified in Appendix 1.  The investigating officer will then put the case at the disciplinary hearing.

Disciplinary Hearings

• All disciplinary hearings, excluding Partnership Meetings and Verbal Warnings, but including appeal hearings, will be held at a reasonable time and place and the student will be informed of the hearing at least 5 working days before it takes place.  However, students may waive their right to the notice period.

• A student who has been invited to attend a hearing must take all reasonable steps to attend.  Any student who fails to attend a meeting, through circumstances outside their control and unforeseeable at the time the meeting was arranged, may be invited to attend a rescheduled meeting.  If a student fails to attend without good reason, the hearing will be held, and a decision made in their absence.

• In any disciplinary hearing the student has the right to be accompanied by a family member or fellow student, if the student is under 18 years of age a parent may be requested to attend.  The companion may address the hearing and may confer with the student during the hearing, but does not have the right to answer questions on the student’s behalf unless there are mitigating circumstances e.g. students with learning difficulties and disabilities; address the hearing if the student does not want him or her to, or prevent anyone, including the student from making his or her contribution to the hearing

• The appropriate level of management, relevant to the stage of the hearing, will conduct the meeting.  The College will explain the role of all those attending on its behalf and will then explain its case against the student and give the student the opportunity to respond in full.

If any matters come to light during a disciplinary hearing that require further investigation, the College may, at its discretion, adjourn any hearing to enable further investigations to be carried out.

Action Following Exclusion

• Student excluded from College
• Campus Director informs MIS of student name and ID registration number
• MIS enters ‘block’ into system to prevent re-enrolment at the College and referred to One Point Service
•  
• ‘Block’ stays in force until lifted by a member of CLG after consultation (normally minimum 1 year)
• Where student is reinstated, a contract will be made stating that if they break College rules they will be given final written warning.  If they break the rules again, the student will be permanently excluded

Appendix 2

Practical Steps in Managing and Modifying Poor Behaviour

Personal Level

Students are held responsible for their behaviour. Staff will deal with behaviour without delegating.  Staff will use the steps below in behaviour for dealing with poor conduct

There are no steps for serious misconduct in lessons and around the site, these behaviours should be dealt with through the formal warning process. These behaviours include violence, racism, homophobia, dangerous conduct, threats to other students or staff. In an emergency call the duty manager straight away and act to keep yourself and other students safe.

Step One: The Reminder

• A reminder of the expectations for students Ready, Respectful, Safe delivered privately to the student. The teacher makes them aware of their behaviour. The student has a choice to do the right thing.

Step Two: The Caution

• A clear verbal caution delivered privately to the student making them aware of their behaviour and clearly outlining the consequences if they continue. The student has a choice to do the right thing. Students will be reminded of their good previous good conduct to prove that they can make good choices.

Scripted approaches at this stage are encouraged:

30 Second intervention

1. Gentle approach, personal, non-threatening, side on, eye level or lower.
2. State the behaviour that was observed and which rule/expectation/routine it contravenes.
3. Tell the student what the consequences of their action are. Refer to previous good behaviour/learning as a model for the desired behaviour.
4. Walk away from the student; allow them time to decide what to do next. If there are comments as you walk away write them down and follow up later.

At East Durham College we resist endless discussions around behaviour and spend our energy returning students to their learning.

Step Three: The time-out

• The student is asked to speak to the member of staff away from other students
• Boundaries are reset
• Student is asked to reflect on their next step. Again, they are reminded of their previous conduct/attitude/learning.
• Student is given a final opportunity to reengage with the learning / follow instructions

If the step above is unsuccessful or if a student refuses to go take a time out, then the student will be asked to leave the room. If appropriate, the duty manager will escort the student to a workspace outside the teaching room.

Students who reach step 3 will be expected to attend a Restorative Meeting (Partnership Stage) at a mutually agreed time if the member of staff requests. Students may also request a Restorative Meeting if they feel they have been unfairly treated.

For most students, a gentle reminder or nudge in the right direction is all that is needed. If students choose to ignore early interventions, then a more formal process is required. Staff will always deliver sanctions calmly and with care. It is in nobody’s interest to confront poor behaviour with anger.

Approach poor behaviour with 3 A’s

As you approach a student to intervene in their poor behaviour think about the three As:

Audience

How might the audience affect the interaction? How could they be affected by it? Consider moving to quieter space or having the conversation away from the group?

Acceleration

How can you stop the situation escalating? Which deescalating techniques work with this student?

Anger

How are you managing your anger and the anger/emotion of the student? Do you need to give the student time to calm down, time to think or consider their next move?

Pivotal Consistencies

Consistent behaviour from staff is pivotal. Although all our staff work in the best interests of the students there are some behaviours that cannot be left to chance. All staff at East Durham College have agreed to:

• Be at the door of their teaching rooms at the beginning and end of each lesson.
• Never walk past students who are behaving badly.
• Always redirect students by referring to ‘Ready, Respectful, Safe’.

In addition, senior and middle leaders have agreed to:

•  Be a daily visible presence around the college and particularly at times of mass movement eg badge checks.

Consistency lies in the behaviour of adults and not simply in the application of procedure. Emotional responses to poor behaviour are, by their nature, inconsistent, often unpredictable. There is a more intelligent and productive way of managing behaviour; developing a consistency that ripples through every interaction on behaviour.  A truly sustainable consistent approach does not come in a toolkit of strategies but in the determination of every member of staff to hold firm.  It is hard fought and easily lost. Habits of adults who manage behaviour well:

• They meet and greet at the door of the room
• They deliberately and persistently catch students doing the right thing
• They teach students the behaviours that they want to see
• They teach students how they would like to be treated
• They reinforce conduct/attitudes that are appropriate to context
• They sustain a passion for their subject that breaks through the limiting self-belief of some students
• They relentlessly work to build mutual trust even when trust is broken, time is wasted, and promises are not kept. They refuse to give up on any student
• They keep their emotion for when it is most appreciated by students
• Their respect is unconditional

Students clearly know what kind of atmosphere they prefer in college and what they expect of a ‘good teacher’. Research has shown that over a range of ages students produce a very similar list of characteristics which they look for in adults who work with them.

Students want all staff to:

• Treat them as a person
• Help them learn and feel confident
• Make the day a pleasant one
• Be just and fair
• Have a sense of humour

and not to:

• Get upset or angry in the face of misbehaviour

Although they want this for themselves, they also want it for other students because it makes the learning situation so much more comfortable.

The way students feel about themselves and their abilities is very much affected by teachers’ and other staff evaluation of their worth. These feelings influence the way they perceive the authority of the college. Where students feel they are valued they respect adults and accept their authority.

Positive Reinforcement, Responsibility and Reward

Positive and productive relationships with students are central to excellent behaviour management. At East Durham College we recognise students who go ‘over and above’ our expectations.

Excellent conduct is valued, appreciated and recognised. Our rewards include verbal praise, positive recognition, additional responsibilities, positive notes, certificates, positive phone calls home, and positive referrals. There are many ways to positively recognise those students who go ‘over and above’. Staff at East Durham College know that it is not just what you give but the way you give it that counts.

Appendix 3

Use of Reasonable Force

In line with Keeping Children Safe in Education (2023) staff at the College have a statutory power to use reasonable force if absolutely necessary to prevent or stop a potentially harmful, violent or dangerous act taking place where the well-being of learners or a member of staff is at risk. The decision to use reasonable force against another individual is to be made solely by the member of staff and they do so under their own volition. There is no expectation for staff to intervene in a harmful, violent or dangerous situation where they feel their own well-being/health would be at risk. Where a member of staff has applied necessary and reasonable force appropriately, the College would support their actions.

All incidents which result in the use of any force require staff to complete an incident report using My Concern immediately or as soon as is practicable in the circumstances.

 Training

Some staff in the College, where appropriate will undertake training in the use of reasonable force.

This training will provide participants with a range of non-physical de-escalation strategies and certified physical interventions to help manage the risks that could be potentially posed by aggressive behaviours.

Staff who receive this training will be accredited to use the physical elements for a defined period as stated on their certificate. Staff will be expected to attend a refresher course to update their skills and renew their certification every 12 months.

Appendix 4

Searching Students

Further Education Colleges have powers of screening, searching and confiscation through a range of legislation. This section has been written to reflect guidance published by the Department for Business, Innovation and Skills.

The principles of search are an important aspect of safeguarding and it should be read in conjunction with the College Policies on Safeguarding Children and Vulnerable Adults, Health and Safety, Equality and Diversity as well as the Student Code of Conduct and Disciplinary Procedures.

Principals and staff authorised by them have a statutory power to search students or their possessions, without consent, where they have reasonable grounds for suspecting that the student may have a prohibited item.

Searches should only be conducted in cases of serious breaches* of college Code of Conduct or where it is reasonably suspected** that the student may have or is intending to cause physical harm to themselves or others.

*Such serious breaches are likely to involve.

• The possession of an offensive weapon.
• The possession of illegal substances.
• The possession of alcohol.
• The possession of a mobile phone suspected of containing images or text damaging to other students or members of staff.
• The possession of stolen goods.

** Reasonable suspicion is defined as.

• An object seen by staff
• An object seen but not necessarily identified by staff
• Student seen by staff behaving suspiciously
• Report by reliable student
• Where a rumour is likely to be accurate and serious consequences may result from ignoring it.

Prohibited items for all students are:

• knives or weapons
• illegal drugs
• stolen items
• Corrosive Substances

Prohibited items for students up to age 18 only (or any age if a student’s mental capacity prevents these items could pose a risk to the individual or others) are: 

• fireworks
• pornography
• alcohol
• drugs

If the Principal’s nominated individuals, or Security personnel, decide that it is not safe to search but still suspect that a weapon is present, the police will be called – especially if it is believed that students or staff are at risk.

The privacy and dignity of the person being searched should be preserved.

Any member of staff searching a student should be of the same gender as the student and where possible accompanied by another member of staff.

Due consideration should be given to the ethnic culture of the student, and if possible a member of staff of the same ethnicity should be present when the search takes place and their advice sought.

Consent to search

It is strongly preferred to gain the Student’s consent to search.

In the event of non-consent, the subject should normally be escorted from the premises and advice should be sought from the duty manager regarding calling the police if a criminal offence has or is likely to be committed. Further disciplinary action should then be taken in line with the disciplinary procedures.

The person conducting the search may not require the student to remove any clothing other than outer clothing.

‘Outer clothing’ means clothing that is not worn next to the skin or immediately over a garment that is being worn as underwear but ‘outer clothing’ includes hats; shoes; boots; gloves and scarves.

Nominated staff may search any goods over which the student has or appears to have control – this includes desks, lockers and bags.

The power to search without consent enables a personal search, involving removal of outer clothing and searching of pockets; but not an intimate search going further than that, which only a person with more extensive powers (e.g. a police officer) can do.

Confiscating Items

A person carrying out a search can seize anything they have reasonable grounds for suspecting is a prohibited item or is evidence in relation to an offence.

Where a person conducting a search finds alcohol, they may retain or dispose of it.

Where they find controlled drugs, these must be delivered to the police as soon as possible but may be disposed of if the person thinks there is a good reason to do so.

Where they find other substances which are not believed to be controlled drugs these can be confiscated where a member of staff believes them to be harmful or detrimental to good order and discipline. This would include, for example, so called ‘legal highs’. Where staff suspect a substance may be controlled they should treat them as controlled drugs as outlined above.

Where they find stolen items, these must be delivered to the police as soon as reasonably practicable – but may be returned to the owner (or may be retained or disposed of if returning them to their owner is not practicable) if the person thinks that there is a good reason to do so.

Where a member of staff finds tobacco or cigarette papers they may retain or dispose of them.

Fireworks found as a result of a search may be retained or disposed of but should not be returned to the student if they are under 18 (or any age if a student’s mental capacity prevents these items could pose a risk to the individual or others).

If a member of staff finds a pornographic image, they may dispose of the image unless its possession constitutes a specified offence (i.e. it is extreme or child pornography) in which case it must be delivered to the police as soon as reasonably practicable. Images found on a mobile phone or other electronic device can be deleted unless it is necessary to pass them to the police.

Where an article that has been (or could be) used to commit an offence or to cause personal injury or damage to property is found it may be delivered to the police or returned to the owner. It may also be retained or disposed of.

Where a member of staff finds an item which is banned under college rules they should take into account all relevant circumstances and use their professional judgement to decide whether to return it to its owner, retain it or dispose of it.

Any weapons or items which are evidence of an offence must be passed to the police as soon as possible.

Appendix 5

Medical Suspension or Exclusion

Where it is judged by the college that a student is suffering serious ill health, and either the student has declined to seek medical help and advice, or the effects of the treatment are insufficient to allay the colleges concerns, including those relating to duty of care, the college can request that the student be declared medically unfit to continue their programme of study.  In such an instance, the case will be forwarded to the Campus Director for consideration and determination.  This option will only be used if the ill health results in the student not being able to continue their studies or achieve, or there is an unacceptable impact upon the health, safety and or welfare of the student, other students or staff.

As circumstances allow, the student, parents and external professionals will be consulted.  If a student is required to be suspended or withdrawn under this procedure, they will be recorded as withdrawn or suspended due to ill health.  The student will only be readmitted if and when they are declared medically fit by a college panel including external professionals involved with the case and a representative from the college senior management group.

Appendix 6

Non-disciplinary suspension

Should safeguarding concerns be raised in which it is felt that a learner’s attendance has the potential to put themselves or others at risk, the college can enforce a non-disciplinary suspension. This would be enforced without prejudice and so that the college can investigate and liaise with parents/carers and where appropriate relevant external services. A non-disciplinary suspension can only be issued by the Designated Safeguarding Lead.

Appendix 7

Disciplinaries for learners with Special Educational Needs

East Durham College is committed to offering fair and reasonable adjustments in all aspects of its operations. All students, including those with Special Educational Needs and/or Disabilities (SEND) are expected to follow the Positive Behaviour Management Policy. Nevertheless, due to the individual needs of some students with SEND, the disciplinary process may, depending on the individual needs of the learner and the behaviours shown, be altered to suit their need. In such cases, learners with SEND may require more disciplinary meetings, especially at the early stages of the disciplinary process, to better support their behaviour.

This document is issued and controlled by Quality & Standards and may only be modified by the designated group after proposed modifications have been accepted by the College Management Group. The latest version of the policy will be maintained on the College Extranet.