We have provided answers to our most frequently asked questions below. If you cannot see your question answered, feel free to drop us a call or email. We would love to hear from you.
Whilst some of our students will have experience as a make-up artist through Beauty Therapy courses, working for a brand or they may already be working as a make-up artist in the UK or abroad, the majority will not have any experience. As such all of our complete courses start with Beauty make-up, which is designed to teach the basics which are the platform from which to develop your knowledge. We would recommend either the Complete Make-up Artist, Advanced Complete Make-up Artist or the Higher Education Certificate in Professional Make-up Design course.
If you do not want to commit to a complete course but would like a taster, we would recommend coming in to model (which is free) or taking Beauty Make-up.
TERMS AND CONDITIONS
The Enrolment Form, together with these Terms and Conditions, comprise the entire Agreement/Contract between Delamar Academy Limited (hereinafter “WE” or “US” or “OUR” or “OURSELVES”) and the Student (hereinafter “YOU” or “YOUR” or “YOURSELF”).
YOUR use of OUR website, YOUR booking or purchase of a course and/or related products and services signifies YOUR agreement to these Terms and Conditions. They constitute a contract between YOU and US. If YOU are a consumer YOUR statutory rights are not affected by this Agreement/Contract.
OUR registered office is at 24 Mortimer Street, London, W1T 3BL. OUR company number is 05800721. YOU can contact US using the contact details provided on OUR website at www.delamaracademy.co.uk. Terms used in this Section of the Agreement/Contract shall have the same meaning as referred to in the Enrolment Form.
- Entry Requirements
. 1.1 The minimum age for entry is 18 years on the course commencement date.
. 1.2 For students wishing to enrol on the One Year Cert HE Professional Make-Up Design course, YOU are required to have passed 1 ‘A’ Level and 5 ‘GCSEs’ at “C” grade or above, one of these subjects being English or a recognised equivalent.
. 1.3 For all other courses, no previous experience or formal qualifications are required. However, all of OUR courses are conducted in English and YOU must therefore be able to satisfy US that YOU can speak, read and write English to a level that will enable YOU to participate in these courses.
. 1.4 If YOU are a non-native speaker of English wishing to study one of OUR courses, YOU may be asked to take an entry test to
determine YOUR level of English. Please see clause 9 below in this regard.
1.5 YOU are required to produce with YOUR Application Form all documentary evidence proving that YOU meet the requirements set out above. Failure to provide such documentary evident will result in YOUR application being delayed or rejected. OUR decisions with regard to applications are final.
- Course Booking and Payment Terms
2.1 These Terms and Conditions apply to the purchase, booking or use of any course or related products or services provided by US.
2.2 Information about courses and related products and services (including price) is subject to reasonable change without notice.
2.3 The content of OUR courses is subject to reasonable change without notice.
2.4 YOU acknowledge that on booking a place on a course WE are entitled to do all that WE deem necessary to plan for YOUR participation on the course. YOU also acknowledge that this may extend to acquiring additional equipment, securing and restructuring the delivery of the course to accommodate YOUR placement and denying a place on the course to another student if the course is over subscribed or if YOU decide to cancel. Accordingly YOU agree that the Cancellations and Transfers policies included in these Terms and Conditions are both fair and reasonable and as far as YOU are aware reflect the circumstances at the time of booking.
2.5 For all OUR courses, a 25% deposit must be paid at the time of booking to secure YOUR place.
. 2.6 Subject to clauses 2.7 and 2.12, all deposits paid to secure a place on any course are non-refundable and will be credited against the course fee of YOUR choice or, subject to these Terms and Conditions and course availability, will be re-applied to a different course of YOUR choice. Subject to clause 5 (Cancellations and Transfers), if YOU cancel YOUR enrolment less than 30 days prior to the course commencement date, no monies (whether deposits or other related payments) will be refunded.
. 2.7 If YOU are an overseas student requiring a visa to study in the UK and YOUR application, made in good faith, is unsuccessful, WE will refund the amount of the course fee paid, less the sum paid in respect of the deposit for the course and a £30.00 administrative charge, upon presentation of the official documentation from YOUR local embassy or consulate confirming your unsuccessful visa application and a copy of YOUR original visa application at least 30 days prior to
the course commencement date. Exceptional circumstances may however be considered on a case-by- case basis when WE may return your deposit but this shall and be subject to OUR sole discretion. OUR decision, when exercised, will be final. If WE do not receive YOUR official documentation 29 days or less before the course commencement date then YOU are liable to pay US the full amount of the course fee, less the sum paid (if any) in respect of the deposit.
2.8 The balance of the full course fee for YOUR course should be paid to US no less than 30 days prior to YOUR course commencement date. However, where YOU have chosen a course commencing in September, the full course fee must be paid to US on or before the 30th June in the same year.
. 2.9 Payment is deemed to have taken place when WE have received clear funds.
. 2.10 All course fees quoted attract VAT (UK government tax) at the current rate, unless stated otherwise. WE must receive the full course fee without deduction. Any overseas/UK bank charges will be automatically added to the final balance payable. Educational courses are not exempt from VAT nor can VAT be claimed back by overseas students.
. 2.11 Subject to clause 5 (Cancellations and Transfers), all course fees paid including the deposit are non
refundable. Exceptional circumstances may however be considered on a case- by-case basis when WE may return YOUR course fee, but this shall be subject to OUR sole discretion. However, OUR decision, when exercised, will be final.
. 2.12 WE will try to ensure that YOU receive a place on a course for which YOU have booked and paid the appropriate fee in full. However WE cannot guarantee YOUR place on any course and in the unlikely event that WE are unable to provide YOU with a place on a course for which YOU have paid a fee WE will give YOU the option of a refund of the course fee paid to date including the deposit and any other related payments, or a place on another course or a place on a future running of the course as far as reasonably possible.
. 2.13 If there are places available for a particular course WE will accept bookings right up until the course commencement date. For Applications made within 5 working days of the course commencement date WE cannot guarantee that YOUR booking confirmation will reach YOU by post prior to the course commencing. If YOU make a late application it is OUR policy to inform YOU whether YOU have been accepted on the course by telephone or email. If YOU have not received a response from US within 24 hours of YOUR late application it is YOUR responsibility to contact US by telephone on +44 (0)208 579 9511 to check the status of YOUR application.
. 2.14 YOU will not be accepted on the course commencement date unless YOUR course fee has been paid in full.
. 3.1 Course fees can be paid by cheque, banker’s draft or bank transfer and can be made via post, YOUR bank or in person. All cheques (including foreign cheques) should be made payable to “Delamar Academy ofMakeup”. IfYOUareanonUK resident and wish to pay by banker’s draft, bank transfer or a payment, which is sent for collection, please add £30.00 to YOUR fee for the additional bank charges, which will be incurred by US.
. 3.2 Please note that payment by cheque will not be accepted two weeks prior to YOUR course commencement date. Banker’s draft and bank transfers will be accepted up to 2 working days before YOUR course commencement date. WE can only guarantee YOU a place on a course if payment has been received and cleared in full. For late payments, please ring US on +44 (0)208 579 9511 to discuss payment.
3.3 If YOUR Company wishes to be invoiced for the course YOU are attending, please have YOUR Company write to US on their headed paper confirming that they will be responsible for YOUR course fee and any other liabilities/expenses incurred by YOU during the duration of YOUR course. YOUR place cannot be guaranteed until full payment is received.
. 4.1 YOU are required to attend on the first day of YOUR course at the time stated on YOUR timetable for the purpose of registration. Subject to clauses 4.6 to 4.9 below, failure to attend the first day of YOUR course may necessitate US in incurring additional administrative time and costs in YOUR late registration. YOU may be held responsible for such material costs incurred by US as a result of failing to attend on the first day for the purposes of registration.
. 4.2 Subject to clauses 4.6 to 4.9 below, if YOU fail to attend YOUR confirmed course for a material period of time which will necessitate US in expending significant time and/or cost for extra tuition for YOU to bring YOU up to date, YOU will not be automatically entitled to any extra tuition or transferral to another course/class but WE may exercise our discretion to offer YOU extra tuition at YOUR cost. Exceptional circumstances may however be considered on a case-by- case basis when WE may provide extra tuition free of charge to YOU but this shall be subject to OUR sole discretion. OUR decision, when exercised, will be final.
. 4.3 If YOU fail to attend YOUR confirmed course or complete YOUR course for any reason, (for example, but not limited to personal problems, general conduct, illness, change of mind, relocation, change in personal circumstances and failure to obtain a visa etc.) YOU will not be entitled to any refund of the course fee, the deposit or other related payments paid to US, or extra tuition or transferral to another course/class. WE may consider any exceptional circumstances. However any entitlement to a refund or transferral to another course/class will be at OUR sole discretion.
4.4 For all courses a minimum attendance by YOU of 90% is required. Failure to meet this requirement will preclude YOU from obtaining the qualification for the course. Assessments are carried out throughout the course and attendance under 90% in the assessed area will result in failing to complete the assessment and obtaining the qualification for the course. Subject to these Terms and Conditions, YOU will not be entitled to any refund of the course fee, the deposit or any related payments paid to US, or offered extra tuition or a transfer to another course/class in the event that YOU fail to attend your course or complete the course assessments. Exceptional circumstances will be dealt with at OUR discretion. OUR decision, when exercised, will be final.
4.5 Classes will commence promptly at the published times irrespective of whether all students including YOU are present. Classes will not be delayed to wait for latecomers and WE are under no obligation to repeat missed work or classes. Latecomers may be requested to wait until a suitable break in teaching before entering a class. Class hours may be varied at OUR sole discretion without prior notice.
4.6 It is YOUR responsibility to ensure that YOU sign the course register at each session of the course to confirm YOUR attendance.
4.7 Absence from YOUR chosen course will only be excused for one of the following reasons: a death in the family, the birth of an immediate family member and illness (please see clause 4.8 below).
4.8 If due to illness YOU are unable to attend YOUR course on any given day, YOU must report this to US by 9:00am on the day in question or arrange for a relative and/or next of kin to do so. In the event that YOU are absent from YOUR course for more than 7 consecutive days, WE will require a note from YOUR doctor confirming that YOU were unfit to attend YOUR course for the period in question. Failure to provide a doctors note may result in YOU failing to obtain the qualification for the course and/or immediate expulsion. OUR decision is final. YOU will not be entitled to any refund of the course fee, the deposit or related payments paid to US, or extra tuition or the option to transfer to another course/class.
4.9 Any infectious diseases must be reported to the Academy administration immediately. Always seek the advice of a doctor or pharmacist if you believe your symptoms to be contagious. For the safety of other students you must not engage in any practical class work for 48 hours after starting treatment.
. 4.10 Any planned absences must be disclosed to US at least 7 days in advance of the first day of the planned absence. Time off for such absences (for example, but not limited to religious holidays, booked holidays, planned weddings and medical appointments) must be approved by US in writing prior to YOUR planned absence. WE highly recommend that all absences be avoided where possible.
. 4.11 Some of the products/substances used by US in OUR courses are contra-indicated for use by pregnant women. YOU must inform US immediately as soon as YOU are aware that YOU are pregnant. If YOU are pregnant, YOU will be unable to attend any classes where such products/substances are in use and may result in YOU failing to obtain the qualification for the course. YOU will not be entitled to any refund of the course fee, the deposit or related payments paid to US, or extra tuition or the option to transfer to another course/class. In the event that you fail to disclose to US that YOU are pregnant WE cannot be held liable in the event that YOU suffer any adverse effects from any product/substance used whilst attending OUR courses.
. 4.12 Unless otherwise agreed to in writing by US, any unexcused absence for longer than 7 consecutive days whether as a result of illness or otherwise, will be subject to clauses 4.1 to 4.4 above. Unexcused absence and lateness are not allowed and will be dealt with as follows:
- 11.2one unexcused absence will result in a formal letter of warning;
- 11.3two unexcused absences will result in a meeting with OUR Director; and
- 11.4 subject to OUR discretion, three unexcused absences may result in failure to obtain the qualification for the course and / or expulsion from the course.
Cancellations and Transfers
5.1 Cancellations by US – WE reserve the right to cancel any course at any time up to and including the course commencement date. If WE cancel a course, YOU will be notified as quickly as possible. YOU will be given the opportunity to transfer to another course or reserve a place on a future running of the course. If the rescheduled dates are not convenient to you, YOUR course fee or the deposit (if the full course fee has not been paid) will be refunded to YOU within 28 days under normal conditions. WE shall not be liable for any other consequential loss in these circumstances.
5.2 Cancellations by YOU–
Cancellations and transfers (both subject to a £30.00 administrative charge) are permitted, as long as YOU provide not less than 30 days’ notice in writing before the course commencement date. If YOU fail to provide the required notice, clause 5.3 will apply.
5.3 YOU may cancel YOUR place on a course and obtain a refund of any fees paid, less the sum paid in respect of the deposit for the course subject to receipt of written notice of the cancellation by US not less than 30 days before the course commencement date. If YOU cancel your place 29 days or less before the course commencement date then YOU are liable to pay US the full amount of the course fee, less the sum paid (if any) in respect of the deposit.
5.4 All cancellations, withdrawals and requests for transfers for any reason whatsoever from a course must be received by US in writing.
5.5 YOU acknowledge that given any circumstances at the time of booking, the Cancellations and Transfers policy in this clause is fair and reasonable and reflects, inter alia, OUR need to properly plan to accommodate YOU on the course. Further YOU irrevocably confirm that YOU consider this to be an appropriate assessment of OUR loss, including for the avoidance of doubt loss of revenue and loss of profit.
5.6 WE will be closed on all UK public holidays and there will be no courses/classes on these days.
- Force Majeure
In the occurrence of an incident of Force Majeure which leads to the failure or inability of either party to discharge any of the material obligations hereunder (provided the Force Majeure continues for six weeks or more), either party may terminate this Agreement forthwith by giving written notice to the other party.
- Class Postponement
. 7.1 In the event of staff illness, WE will attempt to find a substitute tutor. If this is not possible, the class will be postponed, and every effort will be made to contact YOU. The class will be rescheduled to suit the majority of participants. Alternatively, the missed hours may be added to the remaining course classes.
. 7.2 Occasionally, courses may have to be postponed at very short notice due to unforeseen incidents/events. In such circumstances the procedure set out in clause 7.1 above will be followed.
. 8.1 YOU are expected to conduct YOURSELF in a professional and appropriate manner at all times and to recognise that YOUR fellow students will also require support and assistance. WE reserve the right to expel YOU from YOUR course if YOUR behaviour in OUR judgement falls below this standard. Furthermore WE reserve the right to investigate and take appropriate legal action if YOU violate this provision, such behaviour to include, but not be limited to the following actions: –
. 8.1.1 possessing, selling, consuming and being under the influence of alcohol, illegal substances and any other substance that may alter YOUR behaviour from that which is deemed acceptable by US;
. 8.1.2 possessing an instrument that could be interpreted by US as a weapon other than what is provided to YOU by US on the course;
. 8.1.3 any other activities/actions which are offensive and/or pose a risk to OUR staff and other students;
. 8.1.4 disrespectful or abusive behaviour to US, OUR staff or other students; and
. 8.1.5 any other illegal act.
. 8.2 YOU are to abide by the Health and Safety guidelines governing US, as set out in the notices posted throughout OUR premises.
. 8.3 YOU must wear appropriate attire, suitable for YOUR course requirements at all times.
. 8.4 In the event that YOU are expelled from YOUR course as a result of YOUR conduct YOU will not be entitled to any refund of the course fee, the deposit or any other related payments paid to US.
- Visa Requirements / Overseas Students
9.1 All classes are taught in English. If YOUR first language is not English YOU will need to be able to satisfy US that YOU can speak, read and write English at a level that will enable YOU to participate in group discussions and presentations.
9.2 If YOU require a Visa to join US, YOU must ensure that YOU have the means to obtain this before YOU sign this Agreement. YOU will need to obtain a Student Visa and give this to the Visa section at a UK Mission overseas (British/UK Embassy, High Commission or Consulate). YOU will also have to ensure that you provide the necessary documentation as required for a student visa under Part 3 of the Immigration Rules and be able to fulfil the criteria set out under those rules. Below is a list of some examples of the criteria YOU will need to fulfil under the immigration rules in conjunction with OUR requirements as listed at clause 9.1 above:
(a) YOU have been accepted onto OUR course.
For this WE will provide a letter that YOU can present to the Entry Clearance Officer upon receiving this Agreement signed and dated by YOU along with a 25% deposit of the course fee for the course you wish to enrol for;
(b) YOU intend to leave the UK at the end of YOUR studies;
(c) YOU do not take up any employment unless it is part-time and it has been authorised; and
(d) YOU are able to meet OUR expenses and YOUR living expenses without taking employment or relying on public funds.
9.3 YOU must provide US with YOUR UK address, telephone, fax and email details not less than two-weeks prior to YOUR course commencement date in case WE need to advise YOU of any changes. WE do not make any funds available for accommodation or travel costs associated with OUR courses for any reason whatsoever.
9.4 All overseas students are required to take an entry test to determine their level of English. Any student that fails OUR entry test will be unable to attend OUR courses.
9.5 All students making arrangements for payments of the course fee through an overseas bank must ensure that either the course fee, or proof of payment from their bank, shall accompany their Enrolment Form and that the bank making the payment(s) quotes the full name of the student on the details of payment.
9.6 WE reserve the right to decline any applications which fail to meet the above criteria.
. 10.1 WE do not take any responsibility for any loss or damage to YOUR belongings brought onto OUR premises. This is done entirely at YOUR risk.
. 10.2 It is YOUR responsibility, having referred to the relevant sources of course information, to ensure that the course YOU have chosen is suitable for YOUR requirements. WE therefore highly recommend that YOU speak with US, consult OUR prospectus or an independent career advice service prior to application so that YOU can be certain that YOUR needs will be met. WE are pleased to offer advice but will accept no liability in the event that the content of OUR course does not meet YOUR individual expectations.
. 10.3 OUR acceptance of payment and YOUR attendance does not guarantee a Qualification, Diploma or Certificate of Higher Education Achievement is dependent upon your successful completion of each course. OUR decision is final in all cases.
. 10.4 Any materials, work books or handouts supplied to YOU by US, may not be sold, loaned, rented, given away, distributed or exploited in any manner and the copying of any material is strictly prohibited.
. 10.5 Due to possible copyright infringement YOU are not permitted to bring in or use any video equipment. Audio recording equipment may be permitted by specific arrangement.
. 10.6 By agreeing to these Terms and Conditions, YOU guarantee that YOU are enrolling with US to increase YOUR knowledge and skill and are not an employee/agent for a competing business.
. 10.7 WE reserve the right to alter the course venue at any time.
. 10.8 WE reserve the right to decline applications at OUR sole discretion.
. 10.9 This Agreement/Contract shall not confer a benefit on any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement/Contract.
. 10.10 If YOU are employed or sponsored for the purposes of attending OUR course and YOUR employer or sponsor is providing YOUR course fee, it is OUR policy to guarantee YOUR employer that WE will not
openly or directly solicit YOU for the purposes of employment while YOU are attending OUR Academy.
- Equal Opportunities
10.1 WE support the development of individuals who may be physically challenged by the demands of certain courses which WE find is best accommodated by early notification of potential difficulties. WE will always try and take reasonable and justifiable steps to accommodate the difficulties in question, taking into account the student’s difficulties, practical capability, impact and potential disruption, cost implications and other legal considerations. However the very nature of the course may make course accessibility difficult for students with particular types of disability. Where this occurs WE will endeavour to discuss with you in advance whether YOU wish to attend certain aspects of a course where such challenges are reasonably and justifiably surmountable or agree to an alternative solution which is satisfactory to both parties.
10.2 WE are committed to equal opportunities and will treat all applicants / students / staff the same way regardless of gender, marital status, sexual orientation, race nationality, ethnic origin, religion, colour or disability.
10.3 WE will not tolerate any discrimination on any of these grounds. YOU are responsible for YOUR own actions and are required to behave in an acceptable manner in accordance with this policy.
10.4 Any concerns in this area should be addressed through OUR Director, Leda Shawyer.
If any court or any competent authority to be void or unenforceable in whole or in part holds any provision of this Agreement/Contract the remaining provisions of this Agreement/Contract shall continue to be valid and effective.
- Governing Law
These Terms and Conditions are governed by and shall be construed in accordance with English Law and are subject to the exclusive jurisdiction of the English Courts.
By signing the Enrolment Form, YOU hereby agree that all potential claims against US by YOU must first be subject to formal mediation before being pursued in the English Courts.
- Entire Agreement
. 15.1 These Terms and Conditions, together with OUR Enrolment Form, comprise the entire Agreement/Contract between You and US in connection with YOUR booking, purchase or use of OUR courses and related products and services and can only be varied if agreed to by OUR Director in writing.
. 15.2 You agree that any other communication (whether direct or indirect) YOU may have had with US, did not affect YOUR decision to book a place on and consequently attend a course. Any failure by US to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
Student Terms and Conditions for students studying on sub-contracted courses with UWL Partners
- 1.1 A contract between you and the University of West London (“University”) is formed when you accept an offer of a place to study a University of West London course (”Course”) which it has sub-contracted to a University approved delivery partner (“Delivery Partner”).
- 1.2 These Terms and Conditions set out the basis of your contractual relationship with the University of West London when you are studying on a sub-contracted Course. They apply to students who study a University of West London Course delivered on behalf of the University by a Delivery Partner at their institution under a sub-contract arrangement.
- 1.3 These terms and conditions do not apply to students who study at an Academic Partner institution on courses leading to an award of the University under a validation arrangement. These students are students of the Academic Partner and not the University.
- 1.4 These Terms and Conditions form part of the contract between you and the University about your course of study. The other parts of the contract are:
- (a) any documents, policies, regulations, or procedures of the University (as amended from time to time and as applicable to you);
- (b) any document setting out the offer to you (whether the offer is made directly by the University or indirectly by the Delivery Partner or another authorised agency) (“Offer”);
- (c) the Delivery Partner’s prospectus detailing the University’s Course as at the date of the Offer; and
- (d) your enrolment form completed at the Delivery Partner Institution or your online registration on the University’s website (MyRegistry).
- 1.5 Together these form the entirety of the contract between you and the University relating to your Course and replaces any other undertakings or representations (“Contract”).
- 1.6 You will also be subject to the Delivery Partner’s own terms and conditions.
2.1 Enrolment is the process whereby you officially become a student of the University. The enrolment process requires you to:
- (a) ensure that the University has the correct personal details for you in order to process your award;
- (b) provide proof of your qualifications and fee status as required;
- (c) agree to abide by the University’s regulations, policies and procedures;
- (d) pay your tuition fees to the University either directly or through arrangements with the Student Loans Company as applicable. For students studying with overseas Delivery Partners, tuition fees are paid directly to the Delivery Partner.
- 2.2 You must enrol directly with the Delivery Partner and with the University at the beginning of your studies. You will be advised whether you need to enrol directly with the University through the My Registry website or the Delivery Partner may enrol you with the University on your behalf. You must re-enrol at the beginning of each subsequent academic year of your Course, in accordance with instructions issued by the Delivery Partner in order to continue your course of study and maintain your student rights and privileges.
- 2.3 You will be entitled to re-enrol for subsequent academic years provided that:
- (a) you have paid your tuition fees;
- (b) you have not been withdrawn from the Course;
(c) you have met the relevant progression requirements for the previous years of your Course; and
(d) there are no disciplinary issues preventing you from continuing your studies.
2.4 You reaffirm your acceptance of these Terms and Conditions (as amended from time to time) when you enrol annually with the University.
3. Cancellation before Enrolment
- 3.1 You have a right to cancel this Contract within 14 days of your acceptance of an offer of a place to study on a Course (“Cancellation Period”). You do not have to give a reason for cancellation.
- 3.2 You must inform the Delivery Partner’s Admissions Office of your decision to cancel within the Cancellation Period in writing by either email or letter stating your name, address, and the Course for which you accepted an Offer.
- 3.3 For students studying in the UK, if you cancel in accordance with this Section 3, the University will reimburse any tuition fee payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which notification of your decision to cancel the Contract. We will make the reimbursement using the same method of payment as you used for payment of the tuition fee. If you paid theDelivery Partner, you will be repaid by them.
- 3.4 You may also withdraw from the Course and terminate the Contract after the Cancellation Period. To withdraw from your Course after the Cancellation Period you must follow the University’s withdrawal procedures and terminate in accordance with the Withdrawal Section 12 below.2
4. Fees and Payment
- 4.1 The University charges tuition fees for the delivery of University Courses (“Tuition Fee”). You will be informed of your Tuition Fee and how this will be paid as part of your Offer letter.
- 4.2 You are required to pay Tuition Fees at the beginning of each academic year as part of the enrolment process. If you withdraw from the Course you will be liable for the Tuition Fees up until formal notification of your withdrawal is received by the Delivery Partner.
- 4.3 For students studying in the UK, you are bound by the University’s Tuition Fee Policy which sets out the requirements to pay Tuition Fees, refunds in the event of withdrawal and the consequences of non-payment, which is available here. For students studying outside the UK, you agree to abide by the Tuition Fee policy and procedure of the Delivery Partner.
- 4.4 If you do not pay the Tuition Fees in accordance with the applicable Tuition Fee Policy, the University reserves the right to either refuse to permit you to continue on your Course and terminate the Contract, or to withhold your results and to not permit you to graduate (without incurring any liability to you).
- 4.5 The University reserves the right to increase your Tuition Fees each year on re-enrolment in line with the Retail Price Index (“RPI”) annual rate of inflation.
- 4.6 The Tuition Fees do not include any fees payable for residential accommodation, nor do they include examination fees, travelling expenses, field trip expenses, course materials or other miscellaneous expenses which may be related or required as part of your Course for example chef uniform, additional course materials (this is not an exhaustive list)(“Additional Fees”). Where there are any Additional Fees or charges, you will be informed of these by the Delivery Partner in your Offer letter.
- 5.1 If you are an international student (residing outside of the European Union), you will need a Tier 4 confirmation of acceptance of studies (CAS) to enable you to study in the UK.
- 5.2 The Delivery Partner is responsible for issuing CAS to international students who have received an Offer and who meet the Home Office immigration rules.
- 5.3 The Delivery Partner will be responsible for monitoring your compliance with the terms of your Tier 4 visa and reporting issues to the Home Officer.
- 5.4 If you fail to demonstrate you have a valid immigration status to study in the UK or your Tier 4 student visa is revoked by the Delivery Partner, the University will terminate your registration on your Course and terminate the Contract with you (without liability to you).
- 5.5 If your Contract is terminated in accordance with this Section 5.4 you will not be entitled to a refund of any deposit or Tuition Fee already paid in accordance with the University’s Tuition Fee Policy and you may be liable for outstanding Tuition Fee.3
6. Your obligations to the University
- 6.1 You should provide accurate information on application and enrolment (students discovered to have falsified or misrepresented information may be liable to expulsion from the Course).
- 6.2 You are expected to take responsibility for your studies including attending all scheduled teaching, examinations and submission of assessments as instructed by the Delivery Partner.
- 6.3 You must abide by the University’s regulations, policies, and procedures (as amended from time to time) including but not limited to:
- (a) the University’s Academic Regulations which are available here These describe the academic regulatory framework of the University and give information about the requirements for awards. They include important information about academic performance and requirements for continued study;
- (b) the University’s Admissions Policy and Procedures;
- (c) the University’s Tuition Fee Policy (for students studying in the UK only);
- (d) the University’s Academic Appeal Procedures; and
- (e) the University’s Privacy Notice.
- 6.4 You are also required to abide by the Delivery Partner’s regulations, policies and procedures (as amended from time to time) including but not limited to:(a) the Delivery Partner’s Student Code of Conduct;(b) the Delivery Partner’s Disciplinary Procedures;(c) the Delivery Partner’s Fitness to Study Policy;(d) the Delivery Partner’s Library and Information Technology (“IT”) Policies when you use the Delivery Partner’s library and IT services;(e) the Delivery Partner’s Tuition Fees Policy (for students studying outside of the UK).
7. The University’s obligations to you
- 7.1 The University will ensure that the Course you are enrolled on is of an appropriate standard and quality. It will monitor the Delivery Partner to ensure that the Course is provided to you as described in the relevant course specification and prospectus for the appropriate academic year.
- 7.2 The University will ensure that it provides the services to which you are entitled under the University’s agreement with the Delivery Partner. You will be notified if you are able to access any services.
- 7.3 Unless you are otherwise notified, the University will not be providing any services to you directly including student services (including pastoral care, disability advice and support, careers, employability and placement advice and support), access to the University’s Library, access to financial support, bursaries or other payments.4
7.4 Unless you are informed otherwise, the Delivery Partner will be responsible for all communications with you.
8. Changes to your Course
- 8.1 In order to ensure the University’s Courses remain current and relevant, they are subject to regular review. The University may from time to time, need to amend modules, Course content or the way that these are delivered, in order to:
- (a) Comply with changes in the law;
- (b) Comply with the requirements of the University’s regulators and accrediting bodies;
- (c) Make updates to reflect best practice and academic developments for the benefit of students;
- (d) Adjust content as a result of staff changes; or
- (e) Improve course quality in response to student or external examiner’s feedback.
- 8.2 Where changes are necessary, the Delivery Partner will give you reasonable notice which will include details of what has changed and why the change was necessary. The Delivery Partner will take all reasonable steps to minimise disruptions to you as a result of any changes.
- 8.3 Below is an indicative but not exhaustive list of changes that may be necessary:
- (a) to alter the timetable, location, and number of classes of your Course;
- (b) to make reasonable variations to the content and syllabus of your Course including in relation to placements, to ensure that the Course remains current and relevant.
- 8.4 Where there are material changes to your Course, the University will use reasonable efforts to:
- (a) ensure the Delivery Partner informs you at the earliest opportunity and gives you reasonable notice of the reasons for the change, what changes are being proposedand information on the potential impact of the changes;
- (b) ensure the Delivery Partner consults you on the changes and give you an opportunity to provide feedback;
- (c) ensure the Delivery Partner (and/or the University where appropriate) take account of your feedback and minimise any adverse impact on you where possible;
- (d) ensure the Delivery Partner, if necessary and appropriate, explores with you the opportunities for transferring to another course either with the Delivery Partner or elsewhere, and ensure that you receive recognition or credits for any units you have successfully completed.5
- 8.5 Material changes may include:(a) change of core modules;
(b) change to overall course aims; (c) change to module credit value; (d) change to method of delivery; (e) discontinuance of a course;
(f) combining courses of study;
- 8.6 If between the time of your acceptance of an Offer and before enrolment, the Course is discontinued, or the University makes fundamental changes to your Course, and you do not wish to accept the replacement Course and have notified the Delivery Partner, you will be reimbursed for any Tuition Fees and/or deposits paid by you to the University. Reimbursement will be made using the same method of payment as you used for payment of the Tuition Fee.
9. Collection and processing of your personal data
- 9.1 By accepting an Offer from the University and entering into this Contract, you understand that the University and its partners or agents will process your personal data in order for the University to meet its obligations to you under this Contract.
- 9.2 The University needs to collect, hold and process your personal data for the purposes of processing your application, administering your award and all other services provided to you. Personal data may include your student records, application data, assessment marks, residence data, attendance data, accessing learning materials (including Blackboard our virtual learning environment, and other systems) and financial data.
- 9.3 The data will be processed in line with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018, the University’s Data Protection Policy and the Student Data Privacy Notice available here
- 9.4 When you enrol, you may be asked to consent to the University processing your special category data which includes your ethnicity and any disability you have declared. This data will be used for monitoring purposes only as outlined in the Student Data Privacy Notice.
- 9.5 The University is required by law to disclose some of your personal data to certain statutory and public bodies including but not limited to:
- (a) The Higher Education Statistics Agency (individualised statutory returns made by all universities;
- (b) the Office for Students;
- (c) the Student Loans Company where applicable for UK students only
For further detail see the University’s Student Data Privacy Notice.
- 9.6 Upon graduation you will be invited to join the University’s alumni community. Your details will be passed to our Alumni Relations team to enable them to contact you. You may6
withdraw from these communications at any time by contacting the Alumni team at
10. Complaints and Appeals Complaints
- 10.1 Should you wish to make a complaint, the Delivery Partner has in place a complaints procedures which set out how complaints may be made.
- 10.2 All complaints (non-academic and academic in nature) are dealt with in the first instance by the Delivery Partner. You must raise your complaint in accordance with the Delivery Partner’s Complaints procedure.
- 10.3 If at the end of the complaints process, your complaint is not resolved satisfactorily with the Delivery Partner, you may refer your complaint to the Office of the Independent Adjudicator (OIA) if they are a member or, if not, the University Secretary at the University of West London.
- 10.4 If your complaint is about the standard or quality of a Course, and your complaint is not resolved satisfactorily with the Delivery Partner, you can appeal against the decision of the Delivery Partner to the University Secretary at the University of West London. The University will review the complaint in accordance with its Student Complaints Procedure. If you remain dissatisfied with the decision of the University, you may refer the matter to the OIA.Academic Appeals
- 10.5 Should you wish to appeal against the outcome of an assessment board or academic misconduct panel, you must appeal directly to the University in accordance with the University’s appeal procedure as set out in the University’s Academic Appeals Procedure which is part of the Academic Regulations.
- 10.6 Academic appeals are appeals in relation to (i) an assessment grade; (ii) the final course award; or outcomes of academic misconduct panel.
11. Limits on the University’s liability to you
11.1 The University will do all that it reasonably can to fulfil its obligations as set out in these Terms and Conditions to appropriately enrolled students. Sometimes circumstances beyond our control mean that we cannot provide such educational services. This might be because of, for example:
- (a) industrial action by University staff or third parties;
- (b) the unanticipated departure or absence of key members of University staff;
- (c) significant changes to Higher Education funding;
- (d) the acts of any governmental or local authority;
- (e) where the numbers recruited to a Course are so low that it is not possible to deliver an appropriate quality of education for students enrolled on it; and
- (f) severe weather, natural disaster, epidemic or pandemic, fire, flood, war, civil 7
disorder or unrest, riot, terrorist attack or the threat of it.
- 11.2 In these circumstances, the University will take all reasonable steps to minimise the resultant disruption and to affected students. However, to the full extent that is possible under the general law the University excludes liability for any loss and/or damage suffered by any applicant or student.
- 11.3 The University does not limit its liability arising from:
- (a) Death or personal injury caused by the negligence of the University or its officers, employees or agents; or
- (b) Fraud or fraudulent misrepresentation.
- 11.4 The University and its officers, employees or agents shall not be liable and exclude liability to the fullest extent allowed by law for:
- (a) any loss, theft, misuse or damage to your property, including without limit any motor vehicle, cycle, equipment (IT) or such other personal belongings whilst such property is on University premises;
- (b) any loss that you would not have suffered if you had taken reasonable steps to avoid or reduce the loss;
- (c) death or personal injury that is not caused by negligence of the University or its officers, employees or agents;
- (d) changes to law that require a change of these terms and conditions;
- (e) indirect or consequential loss, loss of opportunity and loss of income or revenue however arising.
- 11.5 Subject to Section 11.3, the University’s total liability to you (whether in contract, tort, (including negligence), misrepresentation, breach of statutory duty, or any other liability), in connection with your Contract with the University is limited to the greater of the value of the Tuition Fees paid by you or on your behalf or the amount, if any, that the University receives from its insurers in respect of that particular loss.
12. Termination of Contract By You:
- 12.1 You may withdraw from your Course and terminate this Contract at any time once you are enrolled. To withdraw from the Course you must give notice, in writing to the Delivery Partner. You should contact your course leader and the Delivery Partner’s administration office to initiate the process for withdrawal.
- 12.2 You will be required to complete a Student Withdrawal Form and provide a reason for withdrawal. Notice to withdraw will take effect on receipt of the completed Student Withdrawal Form by the Delivery Partner’s administration office.8
12.3 12.4 12.5
If you withdraw part way through your Course you must pay the Tuition Fees up until the point you communicate your withdrawal.
For students studying in the UK, any refund which may be due to you will be in accordance with the terms of the University’s Tuition Fee Policy.
For students studying outside of the UK, any refund which may be due to you will be in accordance with the Delivery Partner’s Tuition Fee policy.
By the University:
The University may terminate this Contract in writing with immediate effect (subject to your rights of internal appeal) if:
- (a) You do not enrol or re-enrol with the University within the relevant timescale;
- (b) You or your sponsor fail to pay the Tuition Fees;
- (c) You failed to meet the conditions of the Offer made to you;
- (d) You provided false, incomplete, inaccurate or misleading information in your application or at any other time;
- (e) You fail to meet the University’s progression or award requirements;
- (f) You are unable to meet the requirements of your Course including obtaining/maintaining membership of specified organisation;
- (g) You materially breach these Terms and Conditions and/or the Delivery Partner’s terms and conditions;
- (h) You fail to comply with the Delivery Partner’s Student Code of Conduct;
- (i) The University is notified by the Delivery Partner that you do not meet your obligations under a Tier 4 visa or you no longer have permission to study in the UK;
- (j) Action has been taken against you in accordance with the Delivery Partner’s disciplinary procedure for student matters;
- (k) Action has been taken against you following the decision of a Board of Examiners.
You have a right to submit an internal appeal of the University’s decision to terminate the Contract under the Appeals Regulations.
Consequences of termination
If at any time this Contract terminates:
(a) the University shall be entitled to refuse to enrol you on your Course (if, at the date of termination, you have not already enrolled)(without incurring liability to you);
- (b) the University shall be entitled to require you to stop studying on your Course and to leave the Course immediately (if, at the date of termination, you have enrolled)(without incurring liability to you);
- (c) you are required to return to the Delivery Partner any Student Identification Card(s) issued to you on enrolment, together with any property owned by the University;
- (d) you must pay all outstanding Tuition Fees and any other applicable fees immediately.
- 13.1 Any notice given under this Contract will be in writing.
- 13.2 You must send any notices direct to the Delivery Partner to the address notified to you in accordance with their procedures.
- 13.3 The Delivery Partner will send any notice to you either by email to your student email address or if prior to registration to such other email address which you have provided. We may also send any notice to either your term-time address/home address. You must keep your details up to date with the Delivery Partner.
- 14.1 Each of the Sections of these Terms and Conditions operate separately. If any provision of these Terms and Conditions is or becomes illegal, invalid, void or unenforceable, that shall not affect the legality, validity or enforceability of the other provisions.
- 14.2 These Terms and Conditions are personal to you and you may not transfer them or your rights under them to anyone else.
- 14.3 Only you and the University are parties to this Contract. No other person shall have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this Agreement.
- 14.4 Failure or delay by you or the University to enforce any breach by the other of the Terms and Conditions will not constitute a waiver of any provision and will not prevent you or the University from taking steps to enforce that or any other provision.
- 14.5 This Contract shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- 1 Introduction …………………………………………………………………………………………….. 2
- 2 Purpose and Scope …………………………………………………………………………………. 2
- 3 When to use these regulations ………………………………………………………………….. 3
- 4 Procedure ………………………………………………………………………………………………. 3
- 5 Level 1: Direct personal intervention (initial and/or emerging concerns) …………..4
- 6 Support for Students ……………………………………… Error! Bookmark not defined.
- 7 First Meeting …………………………………………………………………………………………… 4
- 8 Review Meeting ………………………………………………………………………………………. 4
- 9 Further review …………………………………………………………………………………………. 6
- 10 Level 2: Referral for a Case Conference ………………………………………………….. 6
- 11 Who can request a case conference? ……………………………………………………… 6
- 12 How would a case conference be organised? …………………………………………… 6
- 13 Level 3: Fitness to Study Panel (persistent and / or critical concerns)…………..7
- 14 Right of Appeal …………………………………………………………………………………….. 8
- 15 Return to Study …………………………………………………………………………………….. 8
- 16 Referral for disciplinary action ………………………………………………………………… 9
- 1.1 Whilst at Academy students should be able to study and perform to the best of their ability, in a safe and comfortable environment.
- 1.2 Delamar Academy is an adult learning environment in which students are treated as mature individuals and expected to have the capability to study and live independently alongside people of all ages and from a variety of backgrounds. Delamar is committed to supporting its students to ensure they can succeed and match their own and the academy’s high expectations for their academic and personal progress. In order to maintain and enhance the quality of life in the academy community, students need to conform to certain standards of behaviour, and the Academy has a Dealing with Unacceptable Behaviour, Student Mental Health Policy, Student Code of Conduct and Disciplinary Regulations policy in place which will be applied in the case of students whose behaviour falls outside these standards.
- 1.3 However, some students find studying and living in the academy environment more challenging than their peers. In making this commitment therefore, Delamar recognises the potentially negative effect of health and wellbeing issues on students’ learning. It also has a duty under the Equality Act 2010 to make reasonable adjustments, where possible and where appropriate in order to provide equal access to learning opportunities for its students.
- 1.4 The Academy recognises that a positive approach to the management of health issues is critical to student learning, academic achievement and to the wider student experience.
2 Purpose and Scope
2.1 Fitness to study refers to the impact of an individual student’s health and wellbeing on his/her capability to participate fully and appropriately in the learning environment at Delamar, in spite of appropriate reasonable adjustments having been put in place (in some cases through an Individual Support Plan). It refers to situations in which a student exhibits unacceptable behaviour, conduct, or develops an unsatisfactory record of attendance, submission to work or academic performance, that is considered to be the result of underlying health and wellbeing issues. The purpose of these Regulations are:
- i) To provide a consistent, appropriate, non-judgemental and sensitive response to the management of situations relating to any cause for concern about any student’s fitness to study.
- ii) To specify the appropriate level of response to concerns about a student’s fitness to study, where it is not appropriate to apply existing Academy policies (e.g., Student Disciplinary Regulations, Dealing with Unacceptable Behaviour Guidance or Fitness to Practise).
iii) To specify lines of responsibility for staff for the different levels of response that may be required.
3 When to use these regulations
- 3.1 These Regulations should be applied if students’ health problems (which may include physical, emotional / psychological, or behavioural problems) or an inability to manage their own health and safety or that of others are, even with the introduction of reasonable adjustments by the University acting in accordance with its responsibilities under the Equality Act, disrupting their own studies or the studies of others, or result in what are perceived to be unreasonable demands being placed on staff or other students.
- 3.2 The following circumstances may apply (the list is not exhaustive):
- i) Where a third party (lecturer/doctoral supervisor, member of staff, friend, colleague, placement provider etc.) has raised a concern about a student which indicates that there is a need to question their fitness to study;
- ii) Where a student has told a member of staff that they have a problem or have provided documentation which indicates that there is a need to question their fitness to study;
- iii) Where a student’s underlying health difficulties are thought to be adversely affecting the health, safety and/or wellbeing of others;
- iv) Where a student exhibits behaviour, which would normally be dealt with under disciplinary procedures, but is either known, or there are grounds to suspect it, to be the result of an underlying physical or mental health problem.
- 3.3 These regulations should in no way distract from any acute or dangerous situations where it is believed that a student’s behaviour presents an immediate risk to themselves or others.
- 3.4 These regulations describes the procedure that will be followed in such situations to consider the needs of the student, the support that is being provided and the implications for other students and members of staff before any disciplinary action is taken, unless to delay disciplinary action would represent a serious and immediate risk to the student, to others or to Delamar’s reputation.
- 3.5 These regulations applies to all enrolled students at Delamar, regardless of their mode of study or attendance. In addition, and in some instances this regulation will be used in conjunction with the Student Mental Health Policy.
4.1 The procedure comprises three levels, and may be entered at any level without any requirement for an earlier level to have been commenced. The level at which the
procedure is implemented will depend on factors such as the nature of the concern, the seriousness of any risk posed, the student’s perception of his / her behaviour, and the response of the student to any steps taken by the Academy to manage the situation.
4.2 If, due to a disability, the student requires reasonable adjustments during any part of the procedure, they should let the relevant staff member know of these in advance.
4.4 Written reports and / or records of meetings and action plans will be stored by the Student Welfare team.
5 Level 1: Direct personal intervention (initial and/or emerging concerns)
- 5.1 It is hoped that most situations can be resolved at level 1. When a student’s behaviour or wellbeing causes concern but does not present an immediate crisis, this will normally be dealt with informally, through the student’s school. A member of academy staff who knows the student (for example, administration team, Course Leader or tutor) will be responsible for informing the student in a supportive and understanding manner that there is a concern about his / her fitness to study.
- 5.2 The member of staff will arrange a meeting with the student, giving them at least 48 hours advance notification. Arrangements for the meeting will be confirmed in an email to the student. The staff member may ask for a member of Student Welfare team or Course Leader to be present at the meeting. If so, the student will be informed of this in advance. The student may bring a friend or family member to the meeting – we would require the names of any additional attendees before the meeting.
6 First Meeting
- 7.1 The student will be made aware of the precise nature of the behaviour that has caused the concerns to be raised. The student will be encouraged to explain their views on the cause for concern. Through discussion, the staff member(s) will attempt to resolve the matter. In so doing, the student may be advised to use support services provided by the NHS or private practice. The staff member will make a written summary of the meeting, including an agreed action plan and a date to review. This summary will be emailed to the student within five working days of the meeting.
- 7.2 It is hoped and intended that in most cases, issues can be resolved at this level through a combination of the student responding positively, co-operating fully with the process, making use of the support available and the Academy implementing any reasonable adjustments that are possible.
7 Review Meeting
8.1 A review meeting will be held between the member of staff and the student to discuss the steps taken by the student in line with the action plan and the effectiveness of the academy’s reasonable adjustments. If the student has carried
out the agreed actions and the concerns have been addressed satisfactorily, this will be noted. Also, if the student has actively engaged in their studies, and is receiving relevant support, it is hoped that the matter will be resolved. The student will be sent an email confirming that the matter is now considered to have been dealt with. Any on-going support requirements or adjustments will remain in place if it is deemed necessary.
- 8.2 If concerns have not been satisfactorily addressed and all relevant support has been put in place, a further review period may be agreed, or the case will be moved to the next stage of procedure.
- 8.3 It is envisaged that the majority of situations where a student is experiencing difficulties that are impacting on their ability to successfully engage with academic life will be covered by the various standard support mechanisms outlined above.
8 Further review
- 9.1 If a further review period is needed, the staff member will make a written summary of the first review meeting, including a further agreed action plan and a date for a second review.
- 9.2 If, following a further review period, the student has carried out the agreed actions, has actively engaged in their studies, and is receiving relevant support, it is hoped that the matter will be resolved. The student will be sent an email confirming that the matter is now considered to have been dealt with. Any on-going support requirements or adjustments will remain in place if it is deemed necessary
9 Level 2: Referral for a Case Conference (continuous and/or serious concerns)
10.1 This stage should be followed if Level 1 has not resolved the matter, or if the initial concerns are too serious to be dealt with at Level 1. Where it has not been possible to address sufficiently the impact of the student’s health and wellbeing using the standard support mechanisms, this regulation allows staff to refer the matter to a case conference. The purpose of the case conference is to bring together individuals with relevant expertise to consider in more detail the needs of the student, the support that is being provided and the implications for other students and members of staff. The student will be informed that this is to be managed under Level 2 of the regulation.
10 Who can request a case conference?
11.1 The case conference can be convened by concerned staff within the student’s school/college and is likely to include:
- Course Leader Course tutor
- A member of academic or administration staff known to the student;
11 How would a case conference be organised?
- 12.1 Prior to the meeting, where appropriate, the student will be encouraged to seek an assessment with an appropriately qualified health professional (e.g. the student’s General Practitioner). The student will be encouraged to submit any relevant documentation (e.g. an original copy of a doctor’s letter) to the review panel in advance of the meeting. They will be sent a copy of any documents seen by the Panel.
- 12.2 The Case Conference Panel may invite the student to attend all, or some, of the review meeting. If so, the student will be informed in advance and will be told that they have the right to bring a friend or family member. The student should inform the Panel in advance if a representative will be attending with them. If the student is not
invited to attend the meeting they must be asked to respond to the cause for concern in writing.
- 12.3 The student will be informed in writing of the outcome of the Case Review Panel within five working days. This could be:
- a) No further action taken;
- b) An agreed action plan: This could be to formally monitor the student for a specified time period. The plan should include details of any support to be provided to the student, and review meetings will need to be scheduled with a named staff member (nominated by the Academy). The student will be notified that failure to comply with the agreed action plan may result in their case being moved to Level 3 of the regulation. A date will be arranged at which the action plan will be formally reviewed by the Course Leader. They will make a decision on whether the action plan should continue or, if the student has not complied with the plan, if the student should be referred to Level 3 of this procedure. The student will be notified in writing within five working days of any decision;
- c) Recommendation that the student undertakes a lighter workload, in consultation with the Academy;
- d) The student may agree to take a voluntary break in studies whilst appropriate means of addressing the situation are being considered, in which case the regulations regarding a deferral of studies will be explained to the student;
- e) To move straight to Level 3 of the procedure.
The minutes of the Panel will be circulated to all in attendance and kept in compliance
- 12.4 It is anticipated that most issues will be resolved using the various mechanisms associated with a case conference outlined above. However, it may be that the outcome of a case conference is a recommendation to defer/interrupt studies or a referral for disciplinary action.
12 Level 3: Fitness to Study Panel (persistent and / or critical concerns)
13.1 This stage should be followed if Level 2 has not resolved the matter, or if the initial concerns are too serious and urgent to be dealt with at Level 2. The Course Leader convene a Fitness to Study Panel. As with the Case Review, the student will be asked to submit documents for the Panel to consider, and will be sent copies of any documents seen by the Panel when discussing the case. Members of the Fitness to Study Panel will usually be:
- Course Leader
- Academy Manager
- A minute taker (by administration team)
- A tutor
- 13.2 The Panel may request further medical evidence and may call for witnesses, if needed. Outcomes of the Panel may be:
- a) Voluntary Deferral of studies: The student may be asked if they agree to take a voluntary break in studies. This would be for a fixed period of time up to twelve months and could allow the student the opportunity to access appropriate support and / or medical assessment for a health condition. If the student does not agree to a break in studies then one of the other outcomes would need to be applied.
- b) Academy initiated Deferral of studies: This would be for a fixed period of time. The case will be reviewed by the Panel after the time period stated. The student will be notified of this in writing, with any conditions specified. Suspension will be up to a period of twelve months. A student who is suspended from studies is prohibited from entering Academy premises and from participating in Academy activities. This would only be used where there are risks to the student or other students and while a student is accessing appropriate treatment
- c) Withdrawal from studies: This would only be in the most serious cases. The student may be required to withdraw if there is no reasonable prospect of them re-engaging with their studies and if exclusion is not appropriate.
- d) Exclusion: This would only be in the most serious cases, and would comply with the Academy regulations.
- e) Any other action deemed appropriate.
- 13.3 For any international students studying with a visa: Any suspension or break in studies for more than sixty consecutive days has implications for visas if this is recorded as an ‘authorised absence’.
- 13.4 The student will be notified in writing of the outcome of the Panel with reasons given, normally within three working days. In all cases the most appropriate and supportive manner for the outcome to be communicated to the student will be considered in advance of notification to the student. Wherever possible, the written notification detailing the decision will be given to the student in person, by the Head of School or nominee, who will explain the contents. The minutes of the Panel will be circulated to all in attendance and a file copy kept in Compliance.
13 Right of Appeal
14.1 A student may make an appeal through the existing Academy appeal procedures outlined in the Appeals Procedure.
14 Return to Study
15.1 After a break in studies or deferral (on fitness to study grounds), if a student wishes
to return to study they must notify the Academy in writing. The student will be asked to produce satisfactory medical and / or other evidence of his / her fitness to study (for example, a psychiatrist’s report or GP’s letter) from a recognised professional who has sufficient knowledge of the student, the demands of higher education, in order to give an informed opinion.
i. If the case was considered at Level 2:
15.2 The Case Review Panel will be reconvened, or consulted, to determine if the student is fit to return to study. The Panel will determine if the student has complied with any conditions placed upon his/her return. Any support will be determined, such as a Return to Study Plan (with a named academic) and regular monthly review meetings.
ii If the case was considered at Level 3:
- 15.3 The Course Leader, in consultation with the members of the Fitness to Study Panel, will determine whether the student is fit to return to study. Any support will be determined, such as a Return to Study Plan (with a named academic) and regular monthly review meetings.
- 15.4 The student will be informed of the decision in writing, within ten working days of a Panel meeting. Failure to comply with a Return to Study Plan will result in the student being referred to the Fitness to Study Panel.
15 Referral for disciplinary action
16.1 Cases considered under these Regulations may be referred for action under the Disciplinary Regulations where:
- i) The student at any time represents a serious and immediate risk to him/herself, to others or to Delamar’s reputation;
- ii) The student’s conduct continues to have an adverse effect on the learning or working environment, or the health or wellbeing of other students or members of staff;
- iii) The student fails to provide adequate documentary evidence about his/her health or wellbeing issues.
At Delamar Academy, we are committed to providing our students with high quality tuition, equality of opportunity and appropriate pastoral care. We make every effort to ensure that those who study with us enjoy a positive experience. However, we recognise that, very occasionally, things do go wrong and that a student may be dissatisfied. This policy – with the procedure it incorporates – is designed to address such instances.
2. What is a Complaint?
For the purposes of this policy, a complaint is any expression of dissatisfaction about our action or lack of action, or the standard of service provided by us or on our behalf.
3. Who Can Complain?
This policy is for the use of current or former students of the Academy. For present purposes, a student is defined as someone who is or was: formally enrolled/registered on one of courses; and from/in respect of whom the Academy has received tuition fees.
This complaint only applies to current or former students. It cannot be accessed by: members of Academy staff or contractors; family or friends of students; unsuccessful applicants to the Academy; or other third parties/members of the public.
Where someone chooses to complain, our expectation is that the complaint will be submitted and conducted by the individual themselves than by others, such as family or friends. However, where good reasons exist for doing so, we may, in our absolute discretion, agree to communicate with a third party. In such cases, the complainant will be required to provide us with a signed document authorizing such communication.
Anonymous complaints will not be considered.
In certain circumstances, the Academy may be prepared to accept a complaint submitted on behalf of a group of students with a shared grievance. In such cases, one individual should be named as the point of contact, and signed, written authority should be provided by each member of the group authorizing the contact to pursue the complaint on their behalf.
4. What Can a Complaint be About?
This policy is designed to cover: dissatisfaction with service standards (including tuition) and/or the conduct of academy staff or contractors towards current or former students.
The policy cannot be used to:
- – Challenge the outcome of an examination, assessment or any other decision involving academic judgement on the part of the Academy;
- – Raise grievances about other students or third parties;
- – Challenge an existing Academy policy or rule;
- – Raise an issue that has been the substance of a previous complaint; or
- – Raise any issues that are or have been the subject of legal proceedings, including contemplated/threatened legal proceedings; or
- – Any complaint that, in its absolute discretion, the Academy considers vexatious.
5. What Conduct is Expected of Complainants?
The Academy endeavors to take complaints seriously, treat those make them with respect and work towards a fast and fair solution. In return it expects the following;
- – Complainants should conduct themselves with dignity and respect. The language used should be polite and measured. Personal attacks are to be avoided; and
- – Complaints should be formulated in a clear and concise way so that it is clear what the issue is and what it is the complainant is seeking in terms of outcomes;In the event that the above is not adhered to, the Academy, in its absolute discretion, reserves the right not to consider a complaint or to stop considering a complaint.The Academy respects the rights of students to complain and will not victimize or punish anyone who raises genuine concerns in a reasonable way. However, where the Academy adjudges a complaint to be malicious or the student’s conduct in pursuing a complaint to be a breach of its behaviour policy, it reserves the right to discipline the student.
6. What is the Process for Making a Complaint?
The Academy’s complaints process comprises three stages: 1.) Informal Resolution;
2.) Internal Investigation; and
3.) External Stage.
6.1 Stage One: Informal Resolution
In the first instance, a would-be complainant should make efforts to resolve any concerns that he or she may have by communicating – directly but informally – with the relevant
member or members of staff. This should be done promptly. Constructive efforts should be made to resolve matters, and we find that face to face conversations are generally more constructive than email exchanges, which can become protracted and unpleasant.
In the Academy’s experience, the vast majority of issues are capable of being resolved informally. Failure on the part of a complainant to attempt informal resolution, may result in the Academy may refuse to consider a formal complaint.
6.2 Stage Two: Investigation
Should Stage One fail to achieve a resolution, an individual may proceed to Stage Two, which involves submission of a formal written complaint and a subsequent investigation.
To be valid, a Stage Two complaint must:
- – Be submitted within 28 days of the matter arising (or of the complainant becoming aware of it where this is later.) (A late complaint will only be considered where, in the Academy’s judgement; there are good reasons why it was not submitted on time; and the substance of the complaint is such that it merits investigation.)
- – Include a clear and concise explanation of what the complaint is about and what outcome is being sought. A chronology of events is encouraged.
- – Include details of the attempts that have been made to resolve matters informally, or where this has not happened, an explanation as to why not.
- – Include any supporting evidence.The Stage Two complaint should be sent to Monika Krok at email@example.com where it concerns this person, in which case it should be sent to Leda Shawyer firstname.lastname@example.org .Upon receipt, the complaint will be subject to an Eligibility Assessment to ensure it meets the scope and timeframes set out above. This will normally be completed within 10 working days. You may be invited to provide additional information or evidence as part of the initial Eligibility Assessment and you should be aware that this may extend the timescales.If the complaint is deemed ineligible, Stage Two will be concluded and you will have the right to proceed to Stage Three. If the complaint is deemed ineligible it will be investigated by Leda Shawyer or allocated to another member of staff for investigation.Where an investigation takes place, the member of staff in question may investigate in whatever way he or she sees fit. He or she will then produce a written report, either upholding, partially upholding or dismissing the complaint. The report will include reasons for the outcome and, where applicable, findings and recommendations.The Academy will endeavour to conclude Stage Two within 28 days of the complaint being received. However, this may not be possible in all cases.
6.3 Stage Three: External Stage
If, having exhausted Stage Two, a student remains dissatisfied, he or she may approach:
1.) The University of West London, where he or she is registered on a UWL course; or
2.) The British Accreditation Council, in all other cases.
The relevant contact details for the above may change from time to time, as may the complaints policies of these institutions. Students are advised to approach the Academy office for the most up-to-date information.
In some cases, it may be sensible and expedient for the Academy to deviate from the procedure published above, for example if strict adherence to it could give rise to perceptions of prejudice or bias. (The Academy retains absolute discretion in this regard.) Where this is the case, the complainant will be informed in writing.
Last Reviewed, August 2018
Dealing with Unacceptable Behaviour: Guidance for students
Dealing with Unacceptable Behaviour: Guidance for Students1 Introduction
1.1 This guidance is aimed at helping students decide what to do if they consider that they have been affected by unacceptable behaviour by staff or another students. Any student in this position should contact the Academy administration team for advice if they wish to access support.
2 What constitutes unacceptable behaviour?
2.1 Unacceptable behaviour may involve actions, words or physical gestures that could reasonably be perceived to be the cause of another person’s distress or discomfort. This behaviour does not necessarily have to be face-to-face, and may take many forms such as written, telephone, text or email communications, or social media. Some examples are included below, but this list is by no means exhaustive:
- Aggressive or abusive behaviour, such as shouting or personal insults
- Spreading malicious rumours or gossip
- Unwanted physical contact, including groping
- Offensive comments or body language
- Displaying offensive material or graffiti relating to an individual
- Making threats or promises in return for sexual favours
- Innuendo or spreading gossip based on sexual orientation
- Inappropriate initiation ceremonies
- Using social or other on-line media to communicate negative, abusive, and harmful statements against students, staff and the Academy
2.2 If you begin to feel at any time as if you are being singled out, ganged up on, threatened, or you are feeling uncomfortable or upset at the way somebody is treating you, it is really important to speak to someone. You should be aware that you are also legally protected against discriminatory language, behaviour or action related to any of the’ protected characteristics’ as set out in the Equality Act 2010. These characteristics are defined by law as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief (including lack of belief), sex and sexual orientation.
- 3.1 If information is to be kept confidential, you must make this clear to the person to whom any complaint is made. You should understand that in exceptional circumstances it may not be possible for confidentiality to be respected, for instance where a criminal offence has been disclosed or where it is considered that you or other students are in danger.
- 3.2 You should also understand that in some circumstances the demand for confidentiality may make it difficult for the Academy to assist you with your complaint. If you wish the Academy to take action this will usually mean that
we have to inform the person you are complaining about of the allegations. This will be explained to you at the time of making the complaint.
4 What should you do if you experience unacceptable behaviour?
- 4.1 You could try to resolve the situation informally. Wherever possible, if you believe that you are being subjected to any form of unacceptable behaviour you should take personal action to resolve the situation in the first instance as follows:
- Try to speak directly to the person responsible for the behaviour – they may genuinely not know that they are acting in a way that’s unacceptable to you.
- If they don’t respond to this, or if you feel unable to approach them, then it is vital you take the matter further.
- Go and talk to someone in the Academy administration team. Some forms of behaviour can be very subtle and it can often help to talk through your experiences with a third party. The Academy administration team can investigate the matter informally and potentially offer different solutions e.g. arrange mediation and can issue a verbal warning to the perpetrator.
- Discuss the issue with your Personal Tutor, or other appropriate member of staff – basically anybody who you feel comfortable with – to discuss ways in which the situation can be resolved with their support and/or involvement.
- 4.2 You could make a formal complaint… If you feel unable to take any personal action or if the matter remains unresolved through the informal means outlined above, you can complete the appropriate Student Complaint Form or put your complaint in writing and submit it electronically by email to Monika, Academy Manager (email@example.com), who will then determine how your complaint will be progressed. Allegations against individuals who are not students or staff at the Academy – for example, agency or contract workers – may not be able to be dealt with under this policy as they are not subject to discipline under the Academy’s internal processes. In these circumstances, you will be advised of other possible ways to pursue your complaint.
5 You’ve made a formal complaint – so what happens next?
5.1 If you have complained about the behaviour of a student….. the Academy Manager will consider if reasonable steps have been taken to resolve the issue informally. In some cases, the complaint may be referred to the Course Leader to try to find a way to resolve the complaint through informal means that have not yet been explored or through mediation, involving other members of staff as appropriate.
- 5.2 Where informal resolution is not possible or where the matter is deemed suitably serious, the complaint will be referred for
- 5.3 If you have complained about the behaviour of a member of staff or tutor…. allegations made against members of staff or tutors will be considered by the Course Leader.
5.7 5.6 You should be aware that legitimate and constructive criticism of a student’s performance or behaviour, or reasonable requests made of students by members of staff do not constitute unacceptable behaviour under this guidance. You will be fully supported by the Academy administration team throughout any process. You will be given a contact in the Academy administration with whom you will be able to discuss the case and who will keep you informed of progress with either the Staff Disciplinary investigation or informal action as far as is appropriate. Academy administration can also provide other support or sign post you to external sources of help should you require it.
6 Reporting to the Police
- 6.1 Where the behaviour towards you constitutes a criminal offence, you are encouraged to report the matter to the Police. The Police will be able to deal with cases where there is limited evidence as they are able to use forensics and can also compel people to give evidence. The University will help you do this where appropriate.
- 6.2 If the matter becomes the subject of a police investigation, the Academy may suspend any student as a precautionary measure subject to the disciplinary investigation until the police investigation is concluded where there is a risk of harm to yourself or others in the Academy community. Once this has happened, the Academy will decide what further action is required. If the matter relates to a member of staff, the disciplinary process may continue while the Police undertake any investigations. Where there is a risk of harm to yourself or others in the Academy community the Academy may suspend the member of staff, again as a precautionary measure.
- 6.3 The Academy will respect your wishes if you do not wish to report the matter to the Police and will instigate disciplinary action as appropriate. You should note, however, that such action will only be based on whether the alleged perpetrator has committed misconduct in relation to the Student Code of Conduct and in cases relating to staff, whether Staff Disciplinary or Dignity at Work policies and procedures have been breached. The Academy will not be
Delamar Academy Complaints procedure (see Section 7 below).
5.4 Where the matter can be resolved by informal means, such as mediation, this
will be considered prior to the instigation of a formal process under the Staff
5.5 Where appropriate it will be referred for investigation and action under the
Staff Disciplinary Policy and Procedures (see Section 8 below).
consideration under the
in a position to decide whether someone has committed a criminal offence, this is a matter for the Police.
6.4 In some very rare instances, the Academy may need to report the action to the Police themselves where it is necessary to protect you (or others) from harm or to prevent a further crime taking place. However, it will consult you on this and make a decision on a case by case basis depending on the circumstances of the matter.
7 Investigations under the Student Code of Conduct
- 7.1 If you make a complaint relating to abuse or other unacceptable behaviour involving another student, the Academy will consider whether it is appropriate to take action under the Code of Student Conduct. While the criminal process will consider whether a crime has been committed, the Academy’s disciplinary process considers whether there has been a breach of the Code of Student Conduct.
- 7.2 All students are expected to comply with the Code of Student Conduct; it includes a list of the types of behaviour which would be regarded as unacceptable, such as “violent, indecent, disorderly, threatening or offensive behaviour including harassment”.
- 7.3 The Academy will usually carry out an investigation into the matter, and will discuss the process with you in advance to ensure that you are comfortable with each stage.
- 7.4 You can expect the Academy to carry out a risk assessment to understand whether there is a risk to members of the Academy community. As part of this risk assessment the Academy may ask a senior member of staff to undertake a preliminary investigation into the case and they may request to speak with you about it to make sure your needs and concerns are fully understood. If, as a result of the risk assessment, the Academy concludes that there is a significant risk to the wider community, the Academy may take precautionary action, such as imposing a partial or full suspension on the related student until the case is concluded.
- 7.5 The Academyy will share the minimum amount of information needed in order to conduct its investigation. This could, however, involve speaking to any witnesses, as well as the student (or students) to whom your complaint relates.
- 7.6 The Academy’s investigation will be as thorough as reasonably possible based on the evidence provided. Please note that only a police investigation will have access to forensics, and the Academy cannot compel witnesses to give evidence.
- 7.7 At every stage of our investigation, including where it leads to a hearing before the Student Discipline Committee, we will take reasonable steps to ensure that you do not have to come into contact with the student (or students) your complaint relates to.
8 Investigation under the staff disciplinary procedure5
- 8.1 If you make a complaint relating to sexual abuse or harassment, or other serious allegation involving a member of Academy staff or tutors, this will be promptly investigated under the Acadmey’s Staff Disciplinary Policy and Procedure.
- 8.2 A manager will be appointed by the Academy to investigate your complaint. They will meet with you to discuss your complaint. They will also meet with the member of staff or tutor your complaint relates to, and any witnesses identified by yourself or the member of staff/tutor. You should also note, that it will be necessary to provide the member of staff or tutor with a copy or the details of your complaint.
8.4 Once the investigation has been completed, you will be advised as to whether or not your complaint has been upheld. The Course Leader will be informed to ensure a prompt response to you.
9 Confidentiality and keeping you informed
- 9.1 If your complaint is upheld, the action taken by either the staff, tutor or the student disciplinary panel will remain confidential.
- 9.2 You will, however, be advised of measures the Panel recommends be put in place to ensure your wellbeing and such information as is considered is in your legitimate interest to know. The Course Leader will be involved in advising on measures to ensure your well-being, communicate with you and offer the relevant support required.
- 9.3 You will be asked to keep the identity of the student, tutor or member of staff and the matter confidential as the Academy has a legal obligation to maintain confidentiality. . You will, however, be given a contact
10 Are there times when the University will not take action?
- 10.1 The Academy has the same responsibilities towards all of its students. Sometimes there is not enough evidence available in a case for the Academy to take action against another student, tutos or a member of staff. Where this occurs, the Academy will explain this to you, and try to find out whether there are other ways to support you, such as whether reasonable steps can be taken to ensure that you do not have to come into contact with the person your complaint relates to.
- 10.2 The Academy will respond to students in line with the Academy’s Students Complaints Procedure as relevant in the context of this guidance
8.3 If your complaint is upheld, a disciplinary panel will consider the conduct of the
staff member in line with the Academy’s Staff Disciplinary Policy and
- 1.1 Training on a new course can represent a key transitional period and important milestone for many students, bringing with it a number of new and exciting experiences. These experiences can be challenging, stimulating and complex. Although this new environment may provide students with a range of opportunities to develop and flourish, the intensity and pace of university may put a strain on mental health and bring pre-existing difficulties to the surface.
- 1.2 In addition, disability legislation, increased student numbers and widening participation have all impacted the number of students with mental health conditions accessing higher education.
- 1.3 The Academy has a duty of care to all students and aims to promote positive mental health and wellbeing. In line with this care it is imperative that the Academy has a safe, non-judgemental and supportive environment for all students.
2 Definition of mental health difficulties
- 2.1 Mental health is something which all individuals have and it is something which can fluctuate during a lifetime.
- 2.2 The primary focus of this document is those students who experience mental health difficulties. This term ‘mental health difficulty’ is used for the purpose of this document to describe students who experience:
- A temporary, but difficult response to stress or external pressures, a painful event, physical illness or symptoms of drug or alcohol use. This response is likely to affect other areas of the student’s life.
- A long-term mental health condition which may have a significant impact on their day-to-day life (e.g. anxiety, depression, eating disorder, schizophrenia and obsessive compulsive disorder).Please note: The above list is not intended to be exhaustive.
- 2.3 Many individuals, at times will experience some of the symptoms of mental health difficulties (e.g. anxiety, reduced motivation, disrupted sleep) and some are natural reactions to common life events. The severity is reflected in the intensity of the symptoms, their duration and their impact on the student’s life and functioning.
- 2.4 When supporting a student with a mental health difficulty it is good practice to listen to and respect the terminology used by the student to describe their mental health difficulty.
3 Supporting legislation
3.1 The Academy is committed to supporting any student experiencing mental health difficulties. However it is important to remember that, with a few exceptions, students are adults who have responsibility for their own actions
and choices. Students therefore have the right to decline any support offered or to act upon any advice given.
3.2 Three key pieces of legislation may be particularly helpful when supporting students with mental health difficulties:
- The Mental Health Act (2007). This act outlines the rights of those experiencing a mental health difficulty and under which circumstances they can be detained. It is imperative to be aware of the fact that, people with mental health difficulties have the same rights and responsibilities as other people. The only exception to this is when an individual is detained under the act.
- The Equality Act (2010). This act outlines that within the law, those with a significant and long-term mental health difficulty fall within the definition of disability. These students may require reasonable adjustments to allow fair and equal participation in their learning.
- General Date Protection Regulations and the Academy’s Data Protection Policy are key in understanding how information is gathered and used. Information on Data Protection can be found on our website, the student handbook and within your enrolment form.
4 Aims of the policy
4.1 To continue supporting the mental health of students, the Academy policy aims to:
- Provide a clear framework which will ensure a consistent approach towards students, prospective students and their mental health needs across the Academy.
- Make clear the roles and responsibilities of all staff when working with students experiencing mental health difficulties.
- Outline the support available to students and prospective students within the Academy around mental health or if there are concerns about another student’s mental health.
5 Scope & Limitations
- 5.1 This policy covers all current or prospective students with a mental health condition or difficulty and outlines the Academy’s and individuals’ responsibilities in these circumstances.
- 5.2 This policy does not offer an alternative or replacement for external community mental health services and does not replicate NHS Mental Health provision.
5.3 The Academy does not offer a crisis service and its services are not available ‘out of hours’.
6 Support available to students Tutors
- 6.1 The Academy tutors may play a significant role in identifying signs of emerging difficulty, typically through profound changes in patterns of attendance and academic performance. If you are finding the pace and volume of work too much, we would always encourage a student to speak informally with their tutor first.
- 6.2 StaffProspective students are encouraged to indicate any disability they have at the point they are making their application to the Academy. A severe or enduring mental health difficulty may be classed as a disability for this purpose. The advantage to the student of disclosing this information at this point is that this starts a dialogue regarding their support needs at an early stage, making it more likely that appropriate support can be in place for their arrival. All staff who have contact with applicants should encourage early disclosure of additional needs in order that this dialogue takes place and to ensure that the Academy can meet the needs of the student.
All members of the Delamar team have had experience with dealing with mental health difficulties. Delamar would encourage any student struggling to cope to approach any member of staff. All information will be kept in the strictest confidence, and the staff may be able to suggest resources available outside of the Academy.
8. Recognising student mental health difficulties
8.2 Possible indicators of student mental health difficulty
- 8.2.1 Everyone’s experience of a mental health difficulty will be unique and different. Therefore the signs and indicators for someone experiencing a mental health difficulty will vary between individuals.
- 8.2.2 The indicators below do not directly mean that the student has a mental health difficulty. The indicators should only be used as a trigger to start a dialogue with the student about what they consider the problem to be. This will allow staff to offer support to the student where appropriate.
- 8.2.3 Any of the indicators below can affect anyone at some time in their life. However, if a student is experiencing a number of these indicators over a period of time or there is an increase in their severity, it may be appropriate to offer support. Some general signs to look out for could include:
Behaviour Changes Cognitive Changes Physical Changes
Withdrawal Lack of concentration Panic attacks
Changes in attendance Mood swings Noticeable weight gain/loss
Deterioration in academic Loss of Confidence Low energy performance
Acting out of character Irritability Decline in personal hygiene
Incongruent responses to Feeling overwhelmed Sleep disturbances situations
Any member of staff, student or tutor who is concerned about the mental health of a student, who is not in distress, may like to contact the Course Leader for advice. This conversation does not necessarily require the student’s identity to be disclosed or shared with the Course Leader.
The role of staff in taking action
Not everyone who experiences a mental health difficulty will pose a risk to themselves or others. However on occasion a student may require urgent or emergency attention due to threats of harm to themselves or others.
If staff become concerned about a student’s mental health there are two pathways that can be taken:
If it is an emergency: In these situations staff are asked to follow the actions detailed in the emergency section of the ‘Student in Distress’ flowchart [Appendix B] and to inform Wellbeing.
If it is not an emergency: Here staff are asked to refer to the non- emergency section of the ‘Student in Distress’ flowchart [Appendix B].
9.2 The role of students
9.2.1 Any student who is concerned about another student’s mental health is encouraged to read and follow the actions outlined in the ‘Friend in Distress’ flowchart (see Appendix C].
10. Urgent or Emergency situations
- 10.1 All Academy staff and tutors should respond to students with mental health difficulties in a non-discriminatory, non-stigmatising and positive manner.
- 10.2 We recommend that staff do not accompany a student off campus e.g. to the A&E department. This potentially puts a member of staff in a position of risk. We would encourage staff to ask the student if there is anyone they would like to be contacted on their behalf e.g. a friend that could meet them at the hospital.
11Students in Distress
11.1 Staff are encouraged to refer to Section 6 of the Cause for Concern Policy and the Student in Distress flowchart [Appendix B] for guidance on how to proceed should an urgent or emergency situation arise.
12.1 If a crisis situation is identified out of hours, then normal routes of referral should be followed as appropriate. Students would need to contact the emergency services or police on 111 or 999.
13 Return to Study
- 13.1 Following a period of absence from the Academy for the purposes of recuperation due to a mental health difficulty, it will be necessary to ensure that the student is supported to resume studying. This includes but is not limited to, academic support from within their school and/or reasonable adjustments to be discussed through the Administration Team.
- 13.2 If a student indicates that within the past week, they have attended a crisis mental health assessment (e.g. via A&E) and were not admitted to hospital.ORIf a student indicates to any member of staff that they have recently (within 1 month approximately) returned from a hospital stay (voluntary or under section) due to mental health difficulty, staff are required recommend the student to visit their GP or follow-up with the relevant NHS aftercare teams which are indicated on their discharge papers, if they have not already done so.
- 13.3 Please note that engagement with any of the support suggested or offered by staff is at the discretion of the student and their wishes in terms of accessing support should be respected.
- 13.4 Please refer to ‘Return to Study post Mental Health Difficulty’ flowchart [Appendix D] and the Fitness to Practise policy, in particular the ‘Reporting of Concerns’ (section 3).
14 Academy’s Impact on other Students and Staff
14.1 Duty of Care
14.1.1 The Academy has a duty of care to all staff and students. A balance should be found between the duty of care to a student with a mental health difficulty and the overall duty of care to staff and other students. At times, a student with a mental health difficulty may present with behaviours which have an impact on others.
14.2 Students impacted by this behaviour
14.2.1 If students are finding another student’s behaviour distressing or challenging it is key that they speak with someone about this and the impact that it is having on them. Please see: Dealing with Unacceptable Behaviour Policy. Students are encouraged to speak with a member of their academic team or personal tutors.
14.2 Staff members affected
- 14.2.2 If staff experience behaviour which they find distressing then they are encouraged to speak directly with their line manager about this situation.
- 14.2.3 Line Managers are encouraged to agree next steps, follow-up with the staff member and to adopt a flexible and empathetic approach to supporting the needs of the staff member which may include: release from duties.
14.4 Unacceptable behaviour / Code of conduct
- 14.3.1 It is key to remember that a student has the right to decline support, even on occasions where their behaviour may be impacting others.
- 14.3.2 Where the behaviour of a student with mental health difficulties causes significant disturbance or distress to others, efforts will be made by the school or department to resolve such problems through discussion with the individual concerned regarding the negative impact of their behaviour on others. Please refer to Fitness to Study Regulations and/or Dealing with unacceptable behaviour guidelines.
- 14.3.3 If these efforts are unsuccessful, alternative strategies will be considered under the Student Code of Conduct.
15. Data Protection and Confidentiality
15.1 Every effort should be made to discuss with a student their preferences with regard to how their information is shared and with whom. The General Data Protection Regulation and Academy’s Data Protection Policy apply to the preferences of the student and may only be over-ridden if there is a significant risk of harm to self or others. Please refer Delamar Academy website for further details on Data Protection.
16. Monitoring and review of the policy
16.1 The Academy Manager is responsible for monitoring this policy on an annual basis.
Appendix A – Useful ContactsInternal contacts
• Course Leader and Director
Leda Shawyer – Leda@delamaracademy.co.uk
• Academy Manager
Monika Krok – firstname.lastname@example.org
- Emergency Services:
o Opening hours: 24HRSo Tel: 999
- Local Hospitals:o Ealing Hospital – 020 8967 5000
- NHS Out Of Hours:o Tel: 111
- Common Point of Entry (CPE) (Reading)o Opening Hours: 9am – 8pm (Mon-Fri)o Tel: 0300 365 0300
- West London Mental Health Trust Helplineo Opening Hours: 24hrso Tel: 0300 1234 244
- Samaritanso Opening Hours: 24hrso Tel: 116 123
Student Code of Conduct
. 1 Introduction The Academy is committed to providing a positive experience for all students, where individuals are treated with courtesy and consideration and where difference is valued and diversity respected. All students and staff have the right to live, study, work and relax in an environment where they feel safe. As members of the Academy community, we expect the highest standards of behaviour from our students, whether on Academy premises or elsewhere. All members of the Academy should be aware of their own behaviour and how it impacts on others. This Code sets out the standards of behaviour expected from students and also guidance on what is and what is not acceptable and how unacceptable behaviour will be dealt with. Where students fail to abide by the required standards of behaviour, action will be taken under the Student Disciplinary Regulations. Any complaints of unacceptable behaviour made by students will be taken seriously and, if substantiated, may provide grounds for action under the Student Disciplinary Regulations or the Staff Disciplinary Procedure as appropriate. Equally, the Academy will take appropriate action for any vexatious or malicious allegations. Students should refer to the guidance on Dealing with Unacceptable Behaviour which are available at the Academy reception if they wish to make a complaint.
. 2 Policy statement on violence, abuse and harassment All students and staff have the right to live, study, work and relax in an environment where and are free from any form of sexual violence, physical violence, abuse and harassment and where their body and personal boundaries are respected. No student or staff member should be forced to just ‘put up’ with violent behaviour from others, threats of such behaviour or any forms of abuse or harassment. Action must be taken where necessary to ensure all students and staff are able to enjoy the university life without experiencing these. Any harassment will not be tolerated by the Academy and those who commit or threaten acts of harassment should be stopped (i.e. their behaviour challenged) and disciplined as appropriate for their actions. Students who have been the victims of any form of violence, abuse or harassment, including sexual violence, sexual assault, threats of violence or
harassment can seek the help of the Student Welfare manager. The Student Welfare Manager will offer appropriate support and also help report any issues as appropriate.
The Academy is aware that sexual violence and sexual harassment is predominantly aimed at women. However, men are also affected by such behaviour and the Academy will aim to support all students regardless of gender or sexuality.
Students who wish to make a complaint about the behaviour of staff or students of the Academy should follow the Dealing with Unacceptable Behaviour Guidance for Students which is available at the Academy reception.
. 3 Behaviour towards others You should treat all Academy staff, tutors, students and visitors with courtesy and respect. You should respect other members’ basic rights to work and live in a safe, secure environment, free from anxiety, fear, intimidation and harassment. You should ensure that you behave in a manner compatible with the Academy’s Equality and Diversity statement and not discriminate or harass anyone on the basis of their age, disability, gender re-assignment, marital status, pregnancy, race, religion or belief, sex or sexual orientation. On no occasion should you use personally abusive, threatening or violent behaviour either in person or through the use of email, texts or social media.
. 4 Safety and Security Delamar Academy owes a duty of care to its students and staff and, as far as is reasonably practical, seeks to ensure that the Academy is a safe place to work and study. Students are required to comply with reasonable instructions from any member of staff or tutor and to observe the safety regulations of the Academy. You should ensure that you do not take any action that endangers yourself or others. You should comply promptly with any requests in the event of an emergency.
. 5 Care of property You should treat Academy property, equipment and other materials and the property of others with care and respect. You must abide by the Academy policies regarding food and drink where this is signposted as this can damage equipment. You should take care of your own property and not leave valuables unattended.
. 6 Smoking Smoking is prohibited inside any building operated by the
Academy (including corridors, foyers, toilets and entrances etc). You should make sure that you do not smoke near doors and outside areas where it is clearly designated as no smoking.
. 7 Drugs and Alcohol You must not take or supply illegal drugs on Academy grounds. Drugs found in students’ possession will be confiscated and students will be disciplined. Students may only drink alcohol on Academy grounds at organised functions. Any student causing a nuisance or engaging in disruptive behaviour as the result of taking illegal drugs or alcohol may be asked to leave the premises and disciplinary action may be taken against them.
. 8 Compliance with Policies and Regulations You should comply with any other published Academy policies, codes or procedures which are designed to ensure the effective operation of the Academy. You should make yourself familiar with and abide by the Academy’s Policy and Regulations.
. 9 Discipline Disciplinary procedures may be invoked if it is alleged that a student has committed misconduct, examples of which may include the following:
(a) Abusive, threatening or unreasonable behaviour or assault and/or behaviour which causes fear or distress to others;
sexual violence, abuse or harassment; racist activity or behaviour;
damage to Academy property or the property of any student or member of staff;
any action likely to cause injury to any person or impairing the safety of the premises; including fighting on Academy premises;
conduct that interferes with the academic or administrative activities of the Academy, such as disruption of teaching, research, examinations, working of staff and other campus services;
falsification or misuse of qualifications including Academy records, including award certificates
misappropriation or misuse of Academy funds or assets or those of others;
false pretence or impersonation of others within or without the Academy, in connection with academic attainments or financial awards
offering, promising, giving, receiving or soliciting a financial, academic or other advantage or favour as a means to influencing the actions of others
conduct, either on or off campus, which brings the Academy into disrepute.
The above list is not intended to be exhaustive but outlines what the Academy considers to be unacceptable behaviour.
10 Disciplinary procedures
The Disciplinary Procedures will be followed where there is a breach of the Code of Conduct. The procedures may be found at the Academy reception.
Appendix A outlines unacceptable behaviours and what sanctions may be imposed where instances of it are found through the disciplinary investigation. The appendix is illustrative only and a full list of the sanctions which may be imposed by the Academy are set out in the Disciplinary Regulations. There will be instances when certain behaviours which would usually be considered to be minor are in fact very serious and will require a more serious sanction and there will be instances when certain behaviours which would usually be considered to be serious are in fact minor and will require a less serious sanction
Multiple or repeated incidents of misconduct may be more serious than a single act of misconduct and previous findings will be taken into account when determining what sanction should be imposed.
. 11 Precautionary action and suspension from the Academy Where a student is being investigated under the Student Disciplinary Regulations, they may be suspended as a precautionary measure if it is considered that it is necessary to protect the student, the integrity of the investigation and or other students from harm. Precautionary action will be reasonable and proportionate and may include:
imposing conditions on the accused student (for example, requiring the accused student not to contact the reporting student and/or certain witnesses and/or requiring the accused student to move
- suspending the accused student from his/her studies;
- excluding the accused student from Academy events. These actions are a precautionary measure only. It is not a penalty or sanction and does not indicate that the Academy has concluded that the accused student has committed a breach of discipline or a criminal offence. Any precautionary actions taken will be reviewed on a regular basis. Where precautionary actions are taken, the student has the right of appeal against these or to request that they be reviewed when new evidence is available. More detail on precautionary action is outlined in the Student Disciplinary Procedures.. 12 Conviction for a criminal offences Students should always declare when they receive a conviction. Where a student has been convicted of a criminal offence during their studies at the Academy, consideration will be given as to whether this affects their status as a student at the Academy. In coming to this decision, the Academy will consider particularly the nature of the offence and whether other students are at risk. It will also consider whether the actions of the student has brought the institution into disrepute. This will apply to convictions both on campus but also those committed off campus.
Student Disciplinary Regulations1 Scope
- 1.1 Students should behave appropriately at all times and maintain a standard of conduct which is not harmful to others or the work, good order and good name of the Academy. Students shall be responsible for familiarising themselves with the Student Code of Conduct, the Academic Regulations, and on such other Codes of Practice and Regulations of the Academy to ensure that they are know what it is expected of them. Students on professional courses must also consider the Fitness to Practise Regulations. All the above regulatory and policy documents can be accessed from the Academy reception.
- 1.2 Allegations of any breaches of the Student Code of Conduct shall be dealt with according to these Student Disciplinary Regulations.
- 1.3 The Student Disciplinary Regulations apply in relation to any activities engaged in, or services and facilities enjoyed, as a student of the Academy, or in the vicinity of any premises owned, leased or managed by the Academy. Disciplinary action may also be taken against a student in respect of any alleged misconduct wherever and whenever it may have taken place when it is considered necessary to protect the interests and reputation of the Academy and its members.
- 1.4 The Student Disciplinary Regulations shall apply to all students during term-time and vacation and during any periods of deferral, regardless of registration status.
- 1.5 Where concerns about a student may be considered under one or more sets of policies, the policies used will be those which are most appropriate, taking into account fairness to the student, the scope and purpose of the policies and the Academy’s responsibilities to professional bodies. Examples may include:
- 1.1.1 Academic Offences. Where the misconduct relates to academic conduct, such as plagiarism, it will be more appropriate to consider matters under the Academic Regulations. There may be occasions where it is appropriate to refer the matter for consideration under the Academic Regulations and for the Disciplinary Panel to consider penalties only.
- 1.1.2 If the matter is dealt with under the Student Disciplinary Regulations, on occasions it may be appropriate for the Fitness to Practise Panel to consider penalties only if a disciplinary sanction is not sufficient to deal with concerns relating to the student’s professional practice.
2 Principles Governing Disciplinary Processes
2.1 Those involved in the Academy’s Student Disciplinary Regulations will have regard to the following principles:
2.1.1 Fairness: both sides to any complaint of misconduct against a student will be dealt with fairly; however, fairness to the person making the complaint is limited to what is fair and reasonable to investigate their complaint. The Academy’s Student Disciplinary Procedure is not intended to resolve disputes between individuals but to address misconduct by students. Therefore, a complainant should only be involved during proceedings as a witness. Fairness to a student responding to allegations of misconduct is
important and any person complained against has the right to know the nature and sufficient details of the complaint and to have a proper opportunity to respond to the complaint.
- 2.1.2 Confidentiality: confidentiality must be strictly respected. Those seeking advice and support, and those who wish to make an informal complaint, can expect confidentiality. Information about a complainant will not be released without their consent, save in exceptional circumstances. If a formal complaint is made, however, it will be necessary for information to be given to the other party or parties, and, to the extent necessary, to those involved in any subsequent investigation and in any appeals that might follow. The Academy will process personal data, such as the outcome of any disciplinary proceedings, in accordance with data protection legislation (GDPR).
- 2.1.3 Timeliness: A complainant will not be disbarred from making a complaint after a delay. Whenever possible, however, it is desirable that complaints are made without delay in order to allow investigations to commence promptly. A disciplinary procedure, once commenced, will be dealt with as quickly and expeditiously as possible and students kept informed during any delays.
- 2.1.4 Records and monitoring: The Academy and all those involved in this process must observe data protection legislation. Records about a student may be retained and kept securely to the extent necessary for the proper management of these Regulations. Records relating to conduct offences will be held on the student file, normally for the duration of the student’s time as a student of the Academy. The record will include details of the nature of the complaint against the student, the procedure followed, the time taken to resolve the issue and the outcome or sanction. The Academy will process personal data in accordance with data protection legislation.
3 Breaches of Student Code of Conduct
3.1 Cases that would normally be regarded as disciplinary are breaches of Student Code of Conduct are set out below in what is a non-exhaustive list. These may include:
- 3.1.1 conduct that interferes with the academic or administrative activities of the Academy, such as disruption of teaching, research, examinations, working of staff and other Academy services;
- 3.1.2 falsification or misuse of prior qualifications or Academy records, including award certificates and transcripts;
- 3.1.3 false pretence or impersonation of others within or without the Academy, in connection with academic attainments or financial awards;
- 3.1.4 conduct within or without the Academy that is disorderly or which causes a nuisance (whether or not causing damage) and is seriously detrimental to the good name of the Academy (this will exclude student’s right to an organised protest or use of public petition unless the behaviour is unlawful);
- 3.1.5 violent, threatening, intimidating, harassing, abusive conduct, or conduct otherwise detrimental to the wellbeing of any person, where such conduct is seriously detrimental to the good order or good name of the Academy;
- 3.1.6 behaviour that would comprise the integrity of the Academy’s activities by offering, promising, giving, receiving or soliciting a financial, academic or other advantage or favour as a means to influencing the actions of others, or otherwise securing a particular end.
- 3.2 The above examples are illustrative only and shall not prevent the Academy from considering and adjudicating upon any other conduct which shall be referred to it as an alleged breach of discipline. Students should refer to the Student Code of Conduct for further guidance.
- 3.3 Students should note that:
- 3.3.1 Being under the influence of alcohol or illegal drugs will not normally be accepted as a mitigating factor or an excuse and may be regarded as an aggravating feature.
- 3.3.2 If an alleged breach takes place outside Academy -owned premises or via virtual mechanisms such as, website, email, social media platforms, this will not prevent the Academy from pursuing the breach of discipline nor will it constitute a mitigating factor.
- 3.3.3 If a student under investigation for an alleged breach of discipline permanently withdraws from the Academy during the process, or has permanently withdrawn prior to the investigation, the Academy reserves the right to continue to pursue disciplinary action in this situation. If a student found to have committed a breach of discipline permanently withdraws during or after a Disciplinary Panel hearing, the Academy reserves the option to impose a sanction on the student (or former student). For example, it might rescind a certificate if it were found that a student had misrepresented his/her qualifications.
4 Criminal Investigations
- 4.1 The Student Disciplinary Regulations do not replace a police investigation. Where serious incidents have occurred, students should report these to the police.
- 4.2 In addition to the above, where a student has behaved in a manner which may lead to conviction under criminal law, provided that such conduct affects the interests of the Academy, it may be reported to the police.
- 4.3 The Academy will not normally investigate complaints about student behaviour while there is an on-going police investigation or court proceedings. However, the Academy will consider whether any temporary measures are appropriate in the circumstances to support and protect the interests of all parties concerned.
- 4.4 Whilst criminal investigations are underway, the student should keep the Academy informed of any progress and/or change in status regarding his/her case.
- 4.5 Where the victim of an alleged offence chooses not to report the matter to the police or does not co-operate with their inquiries, and irrespective of whether or not a preference for the matter to be dealt with internally has been indicated, the Academy
reserves the right not to invoke its own procedures but may investigate where it deems it to be appropriate in all the circumstances.
5 Criminal convictions
- 5.1 Conviction by the police or in a criminal court will be taken as conclusive evidence that the alleged offence has occurred, and no further investigation will be required by the Academy. In these circumstances, the focus of any subsequent disciplinary proceedings will include an assessment of the risk posed to staff or students. Any penalty imposed by the criminal court will be taken into account.
- 5.2 Students are required to notify the Academy immediately of any conviction of a criminal offence in a court of law or formal caution for a criminal offence by a police officer.
- 5.3 Where a student has been convicted of a criminal offence whilst enrolled, the Academy will consider the nature of the offence and whether it is appropriate for the student to remain on his/her course.
6 Reporting breaches of Student Code of Conduct
6.1 In all cases where a member of the Academy observes or is reliably informed of conduct which in their opinion may constitute a breach of discipline, they should submit a written report of such conduct to the Academy Manager or his/her nominee.
7 Student Disciplinary process
- 7.1 The Academy Manager or his/her nominee may decide on a case by case basis whether there is a case to answer upon the demonstration of an alleged breach through a preliminary review of the case by means of considering written, audio or video evidence.
- 7.2 Where it is considered that the formal disciplinary process is not an appropriate way of dealing with the student’s behaviour, the Academy Manager may refer the case to the Course Leader who will discuss the behaviour with the student. Following the discussion, the Course Leader may issue a formal warning. This warning will be recorded and taken into account in any future disciplinary action against the student.
- 7.3 The above action will be taken in the event of the following which is not intended to be exhaustive:
- 7.3.1 Where there are mitigating circumstances;
- 7.3.2 where the allegation is the subject of a complaint by a member of staff, student or a member of the public but where there is little or no other evidence.
8 Precautionary actions and Suspension
8.1 The Academy may impose conditions on the student as a precautionary measure only for example to:
8.1.1 to ensure that a full and proper investigation can be carried out (either by the police or an Academy investigator); and/or
8.1.2 to protect the reporting student or others whilst the allegation is being dealt with as part of a criminal process.
- 8.2 Such conditions are not a penalty or sanction and do not indicate that the Academy has concluded that the accused student has committed a breach of discipline or a criminal offence. Such precautionary action may include:
- 8.2.1 Moving a student from a particular group;
- 8.2.2 Preventing a student from accessing Academy events or agency
- 8.2.3 Moving accommodation.
- 8.2.4 suspending the accused student from his/her studies.
- 8.3 The type of misconduct, the circumstances of the incident, the circumstances of the individuals involved and the views of the police/prosecutor will all be relevant in assessing risk and in determining what precautionary action is required. A risk assessment will be carried out which will also include consideration of the support arrangements that need to be put in place for the students
- 8.4 The Academy Manager has authority for the imposition of precautionary measures, including exclusion and suspension.
- 8.5 The precautionary measures shall last until the outcome of the investigation of an alleged offence leads to the completion of procedure or until no longer required. The risk assessment and any precautionary measures that are put in place will be reviewed at regular intervals and reconsidered where appropriate. A failure to comply with a precautionary measure should trigger a review and is likely to result in more serious measures being put in place.
- 8.6 If the student disagrees with the decision to temporarily exclude him or her, the student may apply to the Course Leader for a review. The Course Leader or his/her nominee can invite the student to make written representations regarding his or her temporary exclusion and will issue a decision within 5 working days of the student’s request for a review.
- 8.7 Any decision to suspend a student from the Academy will normally include the student’s exclusion from all Academy activities. This including studying at or with the Academy and also the use of any Academy premises, agency and events.
9 Investigatory Interview
- 9.1 Where appropriate, the Academy Manager or his/her nominee shall appoint an Investigator (normally a Senior Academic/ or Manager) who shall arrange an interview with the student against whom the allegations have been made.
- 9.2 The Academy Manager or his/her nominee shall gather information regarding the case or allegation and shall confirm the arrangements for the interview by letter to the student. The student shall normally be informed by way of this letter at least 5 working days prior to the date of the interview.
- 9.3 The letter shall also confirm the statement of the allegation(s) to be considered and the purpose of the interview, details of the date, time and place of the interview and
those who will be present and copies of any evidence or documents to be considered in connection with the allegation.
- 9.4 The student shall be informed that they have a right to be accompanied by a friend or family member and may submit before the interview meeting a written statement of their perception of the events to the interview. The student must inform the Academy Manageror his/her nominee who will be attending at least 5 working days prior to the date of the interview. The student may not have legal representation.
- 9.5 At the interview, the substance of the allegation shall be discussed with the student(s) and the student shall be asked to present their perspective.
- 9.6 The purpose of the interview shall be to determine:
- 9.6.1 whether any breach of the Student Code of Conduct have been committed; and,
- 9.6.2 the seriousness of such a breach, taking into account all the surrounding circumstances, including any past penalties imposed on the student.
- 9.7 The following criteria may be used for classifying the seriousness of the breach and the appropriate action:
- 9.7.1 Intent: an act which is planned in advance will normally be considered more serious than the one which is not;
- 9.7.2 Extent: an act which is sustained and/or repetitive will normally be considered more serious than an act which is committed on a single occasion;
- 9.7.3 Impact: an act which has an impact on other student(s) will be considered more serious than an act which affects only the perpetrator;
- 9.8 The Investigator shall either:
- 9.8.1 dismiss the allegation; or
- 9.8.2 determine that a breach(es) may have occurred and either refer to the appropriate panel or impose one or more penalties as set out in Section 11 below;
- 9.9 If the Investigator believes that the breach(es) are of serious nature and should be considered by the Disciplinary Panel, they shall make such a recommendation to the Academy Manager or his/her nominee and the provisions of Section 5 shall apply.
- 9.10 If the Investigator believes that the student should be suspended whilst the procedure is carried out, they shall make such a recommendation to the Course Leader or his/her nominee and the provisions of Section 6 shall apply.
- 9.11 A breach of discipline considered by the Investigator will be one for which the penalty would not require permanent or temporary exclusion from the Academy, nor any compensation above £250.
- 9.12 If the student fails or declines to attend, without good reason, the Investigator shall proceed to consider the matter in accordance with this regulation, but in the student’s absence and on the basis of the written evidence provided.
10 Disciplinary Panel composition
- 10.1 Where an alleged breach is referred to the Disciplinary Panel, the panel shall consist of at least three members and shall comprise:
- 10.1.1 The Chair of the Panel (Course Leader), or her nominee;
- 10.1.2 Academy Manager;
- 10.1.3 A tutor.
- 10.2 The student can be accompanied by a friend or family member. The student is not allowed legal representation.
- 10.3 The Academy Manager shall nominate a member of staff to act as Secretary to the Panel. The Secretary is responsible for advising the Panel on the Regulations. In the event of the Panel being divided over a decision to be taken, the Course Leader shall have a second and casting vote to determine the decision.
11 Disciplinary Panel Hearing
- 11.1 The Disciplinary Panel meetings shall be held in closed session.
- 11.2 The Course Leader shall have authority to act on behalf of the Panel, with their express agreement, in making a decision on the case where a student admits or does not deny an offence.
- 11.3 Prior to the hearing and as part of an investigation, a student shall be asked to present a statement of their version of events which is to be submitted to the Secretary of the Disciplinary Panel before the date of the hearing for their consideration.
- 11.4 Should a student notify the Secretary of the Disciplinary Panel in advance of the hearing that he/she is unable to attend the hearing on the scheduled date, and has provided a satisfactory reason for their non-attendance; the University Secretary or nominee will consider whether in all circumstances the hearing should be rescheduled. Under such circumstances, only one further attempt to reschedule the hearing will be made.
- 11.5 If the student fails to attend this meeting, or to contact the Secretary of the Disciplinary Panel to make alternate arrangements within five working days of notification of the allegation, the Panel may decide to progress with the deliberations if the student has submitted written evidence.
- 11.6 On completion of the hearing, the Academy Manager or nominee has the responsibility for notification in writing of the outcome of any hearing to all relevant parties within 5 working days.
- 11.7 The standard of proof to prove the breach is on the balance of probabilities.
12 Conduct of Disciplinary Panel Hearing
12.1 The hearing shall be conducted as follows:
12.1.1 The Course Leader will open the proceedings;
- 12.1.2 The Course Leader will explain the purpose of the hearing and the extent of his/her delegated powers in taking decisions on behalf of the Academy;
- 12.1.3 The Course Leader will explain the penalties which are possible outcomes of the hearing if the allegation of misconduct is upheld as set out in Section 11;
- 12.1.4 The Course Leader will establish names and identities of everyone present at the hearing and confirm the names of all witnesses who will be supplying evidence;
- 12.1.5 The Secretary will keep a record of all persons attending the hearing and whether or not the student has elected to be accompanied by a friend or representative in accordance with these regulations; or if the student has failed or declined to attend the hearing and the Course Leader’s decision, including the reasons for it;
- 12.1.6 If the allegations involve several students, the Course Leader may decide to hear the allegations at one hearing subject to there being no reasonable objection from the student(s) or their representative(s);
- 12.1.7 The Course Leader shall invite all parties, except witnesses, into the room, the witnesses will be reminded of their duty towards maintaining confidentiality and asked to be present only for the duration of their own evidence;
- 12.1.8 The Panel will not have access to the student’s previous record unless and until the allegation has been upheld;
- 12.1.9 The Course Leader will request the Senior Academic/Manager, responsible for investigating the case, to present the case against the student, including submission or written or oral statements from witnesses;
- 12.1.10 Any witness submitting a written statement should normally be in attendance to answer any questions unless there are exceptional circumstances or the parties agree otherwise. The witnesses will only be present for the presentation of their evidence.
- 12.1.11 The Course Leader will request the student or their representative to respond to the allegations, including their submission of written or oral statements from witnesses;
- 12.1.12 The Course Leader and Panel members may ask questions, through the Course Leader, of anyone present at the hearing at any time for the purposes of clarification;
- 12.1.13 The Course Leader will invite the Senior Academic/Manager to make a final statement;
- 12.1.14 The Course Leader will invite the student or his/her friend or representative to make a final statement;
- 12.1.15 The Course Leader will ask everyone except the members of the Panel to withdraw from the room for deliberations to begin.
- 12.2 The Course Leader is responsible for ensuring that the hearing is conducted in a fair manner but that the hearing does not replicate a court of law.
- 12.3 The Course Leader will inform the Panel that their reasons leading up to the final decision will be informed in writing to the student at the end of the proceedings.
- 12.4 The Course Leader may amend this procedure depending on the nature of the case and the persons present at the hearing and may adjourn or defer the hearing at any time.
- 12.5 If the Panel has reached a decision, where the allegation against the student has been upheld and the application of penalties is to be considered, the Course Leader may convene immediately a second meeting to determine the penalties to be applied. The Course Leader may decide to inform the student of the Panel’s decision in writing.
- 12.6 Where an allegation has been upheld the student’s file/record will be made available to the Panel at this stage along with a short summary of the student’s current academic position. In arriving at a decision on disciplinary penalties to be applied, the Panel will take account of any previous penalties on record and shall impose the penalties on an individual basis.
- 12.7 The record of the hearing and all proceedings will be kept by Academic Registry and a copy will be placed on the student’s file. This will normally be retained for six years after graduation but may be retained for longer in more serious cases.
- 12.8 The student will be informed in writing of the decision of the Panel within five working days.
- 12.9 Where a disciplinary case has been brought against a student as the result of the complaint of another student, the student bringing the complaint may be informed of the outcome of the disciplinary provided that this does not breach data protection legislation (GDPR).
13 Penalties for breaches of Student Code of Conduct under Student Disciplinary Regulations
13.1 Where the Disciplinary Panel find that a breach of discipline has been committed by the student or the student has admitted a breach the Panel will consider applying the penalties set out below. In imposing a penalty, the Panel will consider the seriousness of the breach and the proportionality of the penalty:
- 13.1.1 No further action in respect of the breach of discipline;
- 13.1.2 Oral reprimand from the Chair of Disciplinary Panel (Course Leader);
- 13.1.3 Formal warning and a record of the warning will remain on the student’s file for a period of 12 months;
- 13.1.4 Repair or restitution by the student to the property or equipment damaged or compensation to be payable of up to £250 (the amount imposed to be proportional to the damage suffered);
- 13.1.5 Removal or restriction of Academy benefits/facilities/privileges;
- 13.1.6 Requirement for written undertakings that the Student Code of Conduct and Academy Regulations will be observed for the remainder of the student’s studies by way of a contract for good behaviour/conduct;
- 13.1.7 Suspension either from the student’s course of study and related academic privileges, for a specified period of time or until specified conditions have been met;
- 13.1.8 Withdrawal from the student’s course of study and related academic privileges;
- 13.1.9 Expel the student from the Academy, which means that the student will not receive any credits achieved during their time and will not be allowed to return as a student to the Academy;
- 13.2 If a student fails to comply in whole or in part with any order of the Disciplinary Panel, the Academy Manager may refer that non-compliance back to the Disciplinary Panel for further consideration. The Panel is entitled to escalate the sanction within the options under Section 11 above.
- 13.3 All cases will normally be concluded within one month of the receipt of the case by the Academy Manager or his/her nominee.
- 13.4 The outcome of all cases and full written reasons shall be communicated to the student in writing.
14.1 Students can appeal the decision in writing within 14 days of the outcome. If the student is not satisfied with the result they have the right to raise the issue via Delamar’s Complaints procedure. If no resolution can be found students can contact the British Accreditation Council for an independent inquiry. http://www.the-bac.org/
Enrolment and Fees
To enrol on a course at Delamar Academy, the first thing to do is give us a call on +44(0)208 579 9511 to arrange an interview and to discuss your course requirements. If you’re not able to attend an interview in person, we can arrange a telephone interview instead. After a successful interview, you’ll need to complete the Enrolment Form we send you and return the original signed form to us with your non-refundable deposit. This secures your place on your chosen course. (Please note that enrolment on the Cert HE Professional Make-up Design course are processed through the Academy, and not through UCAS.) All fees for the Cert HE Professional Make-up Design course must be paid by 30th June prior to the September start date and all fees for the Complete Make-up Artist Courses must be paid 4 weeks prior to the course start date. All late applicants must pay the full fees before the course start date.
Delamar Academy is no longer able to issue student visas to international students, so if you are from outside the EU and were interested in the Cert HE Professional Make-up Design course, you could join either our 22 week or our 16 week Complete Make-up Artsist Course. Once you have completed either of these courses, you can join further courses that are included in the HE certificate course, such as Advanced Fashion or Advanced Prosthetics, Revision weeks or Advanced Airbrushing. All students must be at least 18 years old before enrolling on a course. All deposits and fees are non-refundable. Please also check the section below on qualifications required.
The course fees are listed below.
- Cert HE Professional Make-up Design
(Including your own text book and make-up kit)
1 year – £19,600.00
- Advanced Complete Make-up Artist Course
(Including your own text book and make-up kit)
22 weeks – £14,900
- Complete Make-up Artist Course
(Including your own text book and make-up kit)
16 weeks – £11,820
- Complete Beauty and Fashion Make-up Course
(Including your own text book and make-up kit)
12 weeks – £9,700
- Advanced Fashion Course
6 weeks – £5,600 4 weeks – £3,600
- Advanced Hair Course
6 weeks – £5,600
- Advanced Prosthetics Course
6 weeks – £5,600
- Hollywood Hair – 2 weeks – £1,750
- Advanced TV & Film- 2 weeks – £1,750
- Prosthetics & Bald Caps- 2 weeks – £1,900
- Short Courses within the complete make-up artist course
- (course costs are higher on modules involving events such as photoshoots and lighting days)
- 1 week – £900
- 2 weeks onwards – POA calculated on materials, if there is a photoshoot or kit included.
A non-refundable deposit of 25% of the course fees must be paid in order to guarantee your place on any course.
Fees for the Cert HE Professional Make-up Design course must be paid by the 30th June prior to the start of the course in September. All other fees must be paid 4 weeks prior to the beginning of the course.
If you enrol for a course less than 4 weeks before the course start date, you must pay all fees at the time of enrolment.
Deposits and fees are usually paid by cheque or by bank transfer.
Your Enrolment Form includes Delamar Academy’s bank details.
If you pay by bank transfer, please use the student’s full name as a reference.
Cheques or bank transfers from international students must be in pounds sterling. Please note that fees for international students are the same as those for UK students.
On all courses lasting 12 weeks or more, a make-up kit and bag is provided and each student receives a copy of “The Complete Make-up Artist” textbook by Penny Delamar, which is referred to throughout the course. Our Summer Beauty & Fashion course also includes a full kit. The fees also cover the many products and materials used during the course, as well as equipment and tools.
For the short courses, all make-up and a set of brushes is provided for the student to use for the duration of the course.
For the students on the Cert HE Professional Make-up Design course, registration with the University of West London is also included in the fees.
Regardless of course, all our graduates receive unlimited aftercare and opportunities through the Delamar Agency. This is a lifelong and free service, which we continue to provide for as long as each graduate stays in touch and requires our help.
All of our graduates are invited back for special masterclass evenings where we host some of the most respected artists, brands and experts in the industry. You can read all about our masterclasses here.
The kit-bag is designed to include everything we believe a make-up artist should have as part of their basic equipment. Anything you need that you don’t find in your kit is available at the academy. You will have to buy small items such as a pair of tweezers and we recommend you have a decent ‘point and click’ camera or camera phone and access to the internet.
We change the contents of the kit bag every year to reflect new products used within the industry. For 2019, however, the contents had a retail value of over £1,200 and included:
- A kit bag
- A set of top brushes
- Bobbi Brown foundations
- Mac products
- Various palettes – eyeshadow, blusher, lip, camouflage
- Hair kit including brushes, combs, scissors, tray filled with pins and grips, hair nets etc
- Skin Illustrator palette
- A copy of The Complete Make-up Artist textbook by Penny Delamar
Yes, if you are doing one module we can lend you a kit for the week, but you will benefit from using the same brushes and products on the course that you will use later. If you have your own brushes etc. we would recommend you bring them in so that the tutor can teach you how to use them better. However if you don’t already have a kit we can sell you one.
The kit will be the brushes and/ or products used in the module(s) you are doing. You can also purchase a Delamar set bag and textbook if you wish.
Loans: Many banks offer competitive rates of interest to help you fund your training here. We are not financial advisors so cannot recommend a particular type of loan, money comparison sites should be helpful.
Unfortunately, due to new legislation, student loans and grant tuition fee loans will not be available for the 2017/2018 academic year or on our University of West London accredited courses.
Credit Card Loans:- We also accept credit cards. Further details on the loans and credit cards available can be found on a range of websites, including MoneySavingExpert.com
Eligible participants can apply for the BAFTA Scholarship , where up to £12,000 is available towards the course fees of UK based students with financial hardship. You can read all about the BAFTA Scholarship here.
Eligible participants can apply to Creative Skillset for a bursary of up to 80% for freelancers under the Film Bursary Scheme. Skillset will also help with travel over 50 miles from the centre of London and accommodation costs.
You can find out more on the Skillset site or by calling the Bursary Team on 0207 713 9829.
The Cert HE Professional Make-up Design course is validated by the University of West London and is equivalent to the first year of a degree. The first term is comparable to the 14-week Complete Make-up Artist Course, as it covers all the basic skills of make-up and hair. In the second term, skills are developed to an advanced level and, by the third term, all students will have consolidated their skills through producing a portfolio of work and enjoying a variety of work experience.
The highly comprehensive Complete Make-up Artist Course (in 12, 15, or 16 weeks) covers all the basic skills of make-up and hair. It is specifically designed for those who benefit from an intensive and focused style of tuition and is often attended by people who are changing career. The course has been running since 1986 and has produced many successful graduates, including Academy Awards, BAFTAs, International Indian Academy Award and Emmy Award winners.
One course is not better than the other: all our tutors work on both courses and all our students are offered work experience, regardless of which course they are enrolled on.
Yes, all our courses can be split into modules covering a particular speciality. Provided you can demonstrate the pre-requisite skills required for the module(s) you’ve chosen, you can attend any of the courses we offer.
For a bespoke price, please contact email@example.com.
Yes. When you enrol, you will be given the email addresses of the other students, as well as details for estate agents. We will also arrange for Facebook groups to be set up for all of the students for that year. You will also be able to contact previous students – or us – for further advice. This will help you to settle in and get to know your fellow students before the course starts. If you don’t find what you want with other students, please go to the Does Delamar Academy help with accommodation? section for renting rooms.
Delamar Academy welcomes students from all over the world onto its courses, and this has contributed to its excellent international reputation as an exceptional learning environment. London is a fantastic, vibrant and exciting city, culturally rich, and full of interesting people and places. Based in Ealing, West London, and surrounded by shops, restaurants and bars, the Academy is an easy tube/train ride away from Central London. The professional facility at Ealing Studios, one of the leading Film Studios in the world, is the ideal environment in which to train in make-up and hair.
Delamar courses are very visual and hands-on, which means that no previous experience is necessary, although a good level of spoken and English comprehension is required.
Please note that for all students, whether from the UK or abroad, Delamar Academy charges the same course fees.
DO I NEED A VISA?
If you are a national of a non-EU country you will need a visa to study here.
Please follow this link to see whether you are eligible to apply for a working holiday visa.
It is with regret that we have decided not to register again with UKBA, the UK Borders Agency, who grants us permission to issue visas to international students. We will not, therefore, be able to accept international, non-EU, students onto the 1 Year HE Certificate in Professional Make-up Design Course unless they have a tier 5, working holiday visa.
If you were interested in the Cert HE Professional Make-up Design course but are unable to study in the UK for a year, you could join either our 22 week Advanced Complete Make-up Artist Course or our 16 week Advanced Make-up Artist Course. Once you have completed either of these courses, you can join further courses that are included in the HE certificate course, such as Advanced Fashion or Advanced Prosthetics, Revision weeks, or Advanced Airbrushing.
International students can apply for leave to enter the UK as a Student Visitor. The visa is called a Short Term Study Visa. This new category allows for short term students to undertake a short period of study during their visit to the UK. As a Student Visitor you would be required to meet the requirements of the rules relating to visitors.
The period when you intend to be in the UK must not exceed six months.
There are no provisions for Student Visitors to extend their leave in the UK or switch in-country to any other category. If you wished to follow a further course of study you would have to return to your home country and obtain a student visa. For more details on applying for leave to enter the UK as a student visitor please click here.
You will need to apply for a Short Term Study Visa.
You will need to provide the following documents on application for your visa.
- Current passport
- 1 x passport size photograph
- Evidence that you can support yourself during your stay in the UK.
For example, your latest 3 bank statements, at least – these have to be the LATEST 3 bank statements, not older ones.
There is not an amount of money that is set as ‘enough’ money to support oneself but staying in hotels or with family and where you are staying in London or a little village in the north will all be taken into account. You will need more money to stay in London and if you are staying in a hotel.
- Details of where you are staying and where you are travelling on the night of arrival in the UK the student MUST have proof of booking if staying at a hotel. This is not followed up after the first night but the first night MUST be booked.
Any documents not in English must be translated and certified.
- Letter of acceptance from your place of study.
We will provide this once you are enrolled onto a course. We can only provide you with an acceptance letter after we have received your completed enrolment form and deposit. The deposit is non-refundable.
In some countries your local visa office will like to see evidence that Delamar Academy is a recognised and reputable training academy. Delamar Academy is registered with The British Accreditation Council (BAC) – this registration can be easily seen on the visa office system. Should your visa advisor want to see further evidence that we offer accredited courses we can supply you with a copy of our accreditation certificate.
Students can apply for a visa with an offer letter. For an offer letter you do not have to enrol onto a course and therefore pay your non-refundable deposit prior to your visa application. This is not as ‘strong’ as an acceptance letter. Students have 2 options:
- Enrol onto a course, pay the non-refundable deposit and secure your place on the course and then apply for your visa with an acceptance letter. If your visa is rejected for a reason which is not our fault we will not refund the deposit to you.
- Apply for your visa with an offer letter, get the visa and then enrol onto the course. However with this option, in the meantime, if the class spaces run out we cannot allow you into the course.
You can apply up to 3 months in advance of the course start date.
We would advise you to apply as early as possible.
You should check out the length of time it takes to issue a visa in your own country.
- Applicants apply for the wrong visa.
- The offer letter does not meet the UK visa service information requirement.
- The applicant has misunderstood the documents required.
- The applicant’s financial documents are out of date.
Visiting the Academy
Absolutely! We encourage all applicants to visit Delamar Academy to see the premises and to attend an informal interview. We believe this is important, as it gives you the opportunity to ask questions and find out more about the courses. We can also ensure that you’ve chosen the course that is best for you.
We have an exhibition for the Cert HE Professional Make-up Design course in June each year, but by this time the course may already be full for the following September.
All Delamar Academy tutors are experienced make-up artists active in their own specialist field within the Film, Fashion, TV & Theatre industry. Many of our tutors have been busy winning awards whilst finding the time to come back and teach before taking our graduates onto their jobs. You can read more about our tutors here.
Our class sizes are kept small, intimate and friendly, which allows you to receive individual tuition and ensures we maintain the high standard of make-up training for which Delamar Academy is renowned. You’ll be in classes with approximately 10-12 students, with a maximum of 14 students.
Classes for full-time courses run from 10 am to 4 pm, Monday to Friday, with an hour’s lunch break. Some flexibility may be required, as some classes can finish a little late, when necessary.
No previous make-up experience is required for any of our courses.
Please refer to the relevant course details page for specific entry requirements.
Yes. The interview is informal so it’s not something to worry about. However, there are a number of things you can do to make sure things go as smoothly as possible:
- Make sure you’ve planned your journey to Delamar, so that you arrive at the interview on time.
- If you have time to model, let us know in advance, as that will allow you to see a class and talk to students.
- If you have questions you want to ask, write them down (or save them on your phone) in case you forget them during the interview.
- While it’s always pleasing to see someone’s work, it’s not necessary to bring a portfolio.
No, we only take students who are 18 years of age or older.
Anyone who is 21 years of age or over is regarded as a mature student and it is therefore not necessary to consider their academic qualifications on application for our Cert HE Professional Make-up Design course.
Some mature students worry about entering the industry later in life. However, we often reassure these students that so many success stories come from training as a make-up artist when older. It can even be an advantage to have developed improved people skills and have the life experience to be a better make-up artist.
All students must be able to speak and understand English. For international students whose first language is not English, a qualification of IELTS 6 is required.
About the Courses
Unlike other courses, we provide all necessary make-up and appliances used by professional make-up artists – that’s you – for the duration of the course. For example, we provide a wig oven for wig-dressing, where many other make-up courses don’t.
When we have more than 14 students, we split the group; for example, if we have 20 students, we will have two classes of 10 students.
All Delamar graduates are eligible for work experience after they have completed their course. We have a recognised agency that provides work experience to all our graduates. The teachers are also working make-up artists, so will often give work to our students – as will former graduates. They use Delamar because they know they can trust the standard of our graduates.
All the teachers at Delamar are at the top of the industry and we hire them to teach between other jobs. This means that the rest of their time they are working on projects that give them up-to-date examples for their teaching and which might also provide work experience for our students.
The Cert HE Professional Make-up Design course – , the Advanced Complete Make-up Artist course, the Advanced Fashion Course and summer 7 week courses all include a photo shoot during the final week. The other courses do not, however, we provide continual opportunities for you to take photos of your work as reference to your developing skills. We can run an extra one-day photo shoot after your course should there be sufficient demand.
We use a variety of brands that are used in the make-up industry. No make-up range is complete enough for us to use them exclusively. There are also too many to name because different brands are required, depending on the script and situation. So, we don’t recommend any brands, as such. However, we do arrange demonstrations for our students and graduates to improve their product knowledge.
All students who complete The Advanced Complete Make-up Artist, Complete Make-up Artist or shorter course (a module of the longer courses) at Delamar, will receive a certificate from Delamar Academy. This will list the make-up artist tutors, the name and dates of your course, and is signed by Academy Principal. These certificates are recognized throughout the industry. On completion of the Cert HE Professional Make-up Design course, student will receive a Certificate of Higher Education by the University of West London – a level 4 qualification and equivalent to the first year of a degree course.
Delamar Academy has been training students in make-up and hair since 1986. Many of our graduates are the leading make-up artists in the industry today, working all over the world. Their success is a credit to the Academy – and many of them return to Delamar to teach or find trainees for their projects. We pride ourselves on our commitment to the future careers of our students and offer one-to-one support in preparing them for it.
We will be talking to you throughout the course, but your priority will be learning as much as you can from our fabulous tutors. This is why, at the end of the course, you will have a meeting with Leda about what you want to do going forward. Whilst we always recommend that you don’t specialise, you will have a natural leaning towards certain types of work and certain types of make-up artists. We can then advice you where to focus your attention and recommend you to tutors that are best placed to help you into the part of the industry that you’re most excited about.
After your initial meeting we will still expect you to stay in touch so that we know your availability. We also love hearing about all of the experience you’re getting and helping you towards the next stage of your career (whichever stage you’re at).
Every year we have students who go straight onto one of the big film or theatre productions of the summer. However, you also should be prepared to start by doing unpaid work, if necessary, as this is how most make-up artists continue their development and build contacts. Most professional make-up artists will advise future make-up artists to do whatever work (paid or unpaid) is offered because you never know where a contact may be made.
Your main sources of work through Delamar will be:
- Our tutors taking students on film and TV jobs, wherever possible
- Our contacts in wig-making and other specialist fields, where appropriate
- As a registered agency, we can provide work experience
- Your fellow students, who will create contacts in jobs and pass on job opportunties they cannot fill
- Students at the Met Film School (also in Ealing) use Delamar students for make-up on their films
We also have links with other film and production houses and put those to good use for our graduates.
“Everything I learned at the Academy has been invaluable to me throughout my career so far. The tutors who taught me were absolutely amazing and each of them passed on such useful knowledge – from tools and techniques to what to expect from working in the industry.”