UNIVERSITY OF LONDON Intercollegiate Halls of Residence LICENCE AGREEMENT

UNIVERSITY OF LONDON
Intercollegiate Halls of Residence
LICENCE AGREEMENT
SINGLE (CATERED ACCOMMODATION) STUDY-BEDROOM
2013/14
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Note
This Agreement applies to all of the University's Intercollegiate Halls of Residence
except the following;
Lillian Penson Hall
Studios and Flats
College Hall Double Ensuites
for which a modified version of the Agreement applies.
Distance Selling
Under the Consumer Protection (Distance Selling) Regulations 2000, as
amended, you have the right to cancel the agreement and have your deposit
refunded. This “cooling off period” applies if:
•
you book the accommodation from a distance, that is without face to
face contact with a University staff member, and
•
you notify the Accommodation Office in writing of your wish
to cancel within 7 working days, starting on the day after the date
that you pay your deposit and registration fee. Writing includes fax
or email.
Please note that if you use the accommodation during the cooling off period
you will lose your right to cancel.
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THIS LICENCE AGREEMENT is made between the University of London ("the
University") and “you” the person whose details are set out on the Particulars of Offer
on the date that you notify online your acceptance of the Accommodation.
1.
Definitions and Interpretation
1.1
1.2
In this Agreement the following words have the meaning set out below:
“Academic Year”
The official dates of the academic year of the
College or Institute of the University of London
where you are registering as a student.
"Accommodation"
The accommodation specified in the Particulars
of Offer or such other accommodation as the
University allocates you from time to time.
"College/Institute"
The College or Institute at which you are or are to
be registered as a student. If you are registered
at more than one college or are on an intercollegiate course then your college will be the
one you named on your application for this
accommodation.
"Deposit"
The sum paid by you initially as a booking fee but
retained by the University for the duration of the
Period of Occupancy as set out in this
Agreement.
"Fees"
The amount payable by you as set out on the
Particulars of Offer.
"Hall"
The Hall in which your Accommodation is located
as specified in the Particulars of Offer.
“Particulars of Offer”
The electronic document that sets out the type of
room and other details of the Accommodation
that you have accepted.
"Period of Occupancy"
The period for which you are entitled to occupy
the Accommodation in accordance with clause 4.
"Schedules"
The Schedules to this Agreement.
"Supplementary
Regulations"
The Supplementary Regulations, Handbooks
and other information issued by the Hall and
available online.
In the event of any conflict of interpretation between the provisions of this
Agreement and the Schedules and Supplementary Regulations, they shall be
interpreted in accordance with the following order of precedence:
(a)
this Agreement;
(b)
the Schedules;
(c)
the Supplementary Regulations.
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2.
Extent of this Agreement
2.1
This Agreement includes the Schedules attached here and the
Supplementary Regulations issued by the Hall for the assistance of
residents. The Supplementary Regulations include fire safety precautions,
dining room regulations, use of communal facilities etc. and thus form an
important part of Hall life.
2.2
Breach of those regulations will be treated as a breach of this Agreement
and depending on the seriousness of the breach may result in the
termination of this Agreement.
2.3
You should familiarise yourself with all the terms of this Agreement, including
the Schedules and Supplementary Regulations, before accepting the
Accommodation. Your attention is drawn to clauses 5 (Ending This
Agreement), 11 (Disciplinary Offences) and 13 (Limit of Liability).
2.4
You will be obliged to comply with any further regulations the University may
make from time to time as a result of changes in the law, or which are in the
interests of the security of resident students and/or in the interests of good
estate management and which will be displayed on the Hall’s notice boards.
In all matters relating to the administration of the Intercollegiate Halls and the
University's dealings with resident students concerning this Agreement, the
University is represented by the Hall Manager and the Warden who are its
appointed officers for these purposes.
3.
Grant
3.1
Subject to the provisions of this Agreement the University grants to you a
right to occupy the Accommodation within the Hall for the Period of
Occupancy and the right, (in common with other people entitled), to use the
furniture, equipment and other property located in the Hall during that time.
3.2
Non exclusive occupation:
This Agreement does not give you the right to exclusive possession of any
particular Accommodation. The University may move you to another room in
either your present Hall or any other Intercollegiate Hall.
3.3
If you are required to move in accordance with clause 3.2, you will be given
as much notice as practical and the University will so far as possible try to
ensure that you are moved into accommodation of a similar type to the
original accommodation. If this is impractical the University will ensure you
are not required to pay more for your accommodation. If the accommodation
you are moved to is cheaper than your previous accommodation you will be
credited with the difference between any payments you have already made
and those which become due at a cheaper rate.
3.4
In the event that you are required to move to another Intercollegiate Hall in
accordance with clause 3.2 you shall be entitled to terminate this Agreement
by giving reasonable notice to the University before the date of the required
move, in which circumstances the Agreement will immediately cease and
you will be released from your obligation to pay any further proportion of the
Fees.
3.5
You agree to allow access (whether or not you are present) to the
Accommodation to the University’s authorised employees, agents and
representatives and the statutory law enforcement agencies and emergency
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services on reasonable notice for any lawful and reasonable purpose
including inspection, maintenance, repair, or security.
3.6
You agree to allow access to the University’s authorised employees, agents
and representatives at all reasonable times without notice for the purposes of
cleaning.
3.7
The University has the right to carry out or to commission any maintenance,
alterations or building works in the Hall or on adjoining or neighbouring
property and the University shall not be liable for any disturbance or
inconvenience caused to you by such works. The University will attempt to
minimise inconvenience and wherever possible will ensure that such works
are done between 8.00am and 8.00pm.
4.
Period of Occupancy
4.1
Your Period of Occupancy is determined by the Academic Year of your
College or Institute. Subject to 4.3 below you are entitled to occupy the
Accommodation from the day before the beginning of the Academic Year
through to the day after the end of the Academic Year. Your Period of
Occupancy includes the Christmas and Easter vacations.
4.2
You will not be entitled to occupy the Accommodation during other times,
although it may be possible for the University to allow you to do so by prior
arrangement. If this is agreed then your occupation will be deemed to be on
the same general terms and conditions applying to your occupation during
the Academic Year. All facilities may not be available during vacations and
any offer of accommodation may not be in the Accommodation or Hall
allocated to you during the Period of Occupancy.
4.3
Exceptionally, your Academic Year may fall into a period of weeks in the
summer when the Hall is closed. If this happens, you will not be charged for
the closure period. If you require accommodation in such circumstances you
will need to contact the Hall Management Team and alternative
accommodation will be provided for you in another Hall for which standard
charges will apply.
5.
Ending this Agreement
5.1
You cannot end this Agreement before the end of the Period of Occupancy
set out in clause 4 above. If you vacate the Accommodation before the end
of that Period, you will still be liable to pay the fees due for the remainder of
the Period UNLESS:
5.1.1
you can demonstrate to the reasonable satisfaction of the University
that the reason for termination is a serious or persistent breach of
the University's obligations in this Agreement; or
5.1.2
you or the University are able to identify, to the reasonable
satisfaction of the University, a suitable replacement student to
occupy your Accommodation, whereupon you will cease to be liable
for Fees from the date the replacement student takes up occupation
of the Accommodation, having paid their deposit and accepted the
University of London terms and conditions;
5.1.3
nothing in clause 5.1.2 puts the University under any obligation to
spend time or resources on finding a replacement for you.
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An administration fee of £30.00 will be charged to your account in the event
of the University releasing you under clause 5.1.2. You will also be charged
£20.00 including VAT for a replacement bedding pack.
5.2
In any of the following instances the University is entitled to end this
Agreement and recover possession of the Accommodation. Any other rights
or remedies the University may have will remain in force. If you refuse to
leave the Accommodation once this Agreement has ended, the University
will use court proceedings in order to evict you:
(a)
if any Fees or other sum under this Agreement remain unpaid
28 days after being demanded from you; and/or
(b)
if you cease to be a registered student of the University for any
reason; and/or
(c)
if, in the University's reasonable opinion, your behaviour constitutes
a serious risk to the health, safety or welfare of yourself or others, or
to the University's or others' property;
(d)
if in the University's reasonable opinion you have persistently
breached this Agreement or the Supplementary Regulations
if you fail to use the Accommodation allocated to you for a continuous
period of 28 days without prior written arrangement with the
Intercollegiate Halls Reservations Office.
5.3
Re-admission offers:
This only applies to you if you are currently living in Intercollegiate Halls and
if you have a firm offer for re-admission for the next Academic Year.
If you are offered a place for re-admission in the next Academic Year, your
offer may be withdrawn at any time before 31 August in the current
Academic Year:
(i)
if you fail to pay your Accommodation Fees and any other invoices in
full for the current Academic Year;
(ii)
for any conduct which in the opinion of the Warden renders it
undesirable that you should be re-admitted; or
(iii)
if your re-admission offer was made on the understanding that you
would continue in a role of responsibility such as a member of the
Residents’ Club Committee, but you resign from that position. 5.4
In the event of a breach of the Student Disciplinary Procedure set out in
Schedule 3 the University may terminate this Agreement immediately
(subject to your statutory rights).
5.5
Unless it is ended early in one of the ways set out above, this Agreement will
come to an end at the end of your Period of Occupancy as set out in clause
4.
5.6
When this Agreement ends you must leave the Accommodation allocated to
you in the state in which this Agreement and the Supplementary Regulations
require you to keep it.
5.7
The ending of this Agreement does not cancel your outstanding obligations
to the University. The University has no liability to compensate you for any
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loss arising from the termination except where such loss is caused by the
negligence of the University or its employees.
6.
Deposit
6.1
A Deposit will be held by the University as security for you carrying out your
obligations under this Agreement. The University shall be entitled to make
such deductions from the Deposit as are reasonably necessary to make
good any breach or non-compliance by you of your obligations.
6.2
Your Deposit, or the balance of it, will be refunded via our online system
within 28 days of your departure, using the original card details provided. If
your Deposit was paid through another method, we will contact you after
your departure to make alternative arrangements for the refund.
6.3
If at any time the Deposit is insufficient to meet the costs reasonably incurred
by the University in connection with any breach or non-compliance by you of
your obligations under this Agreement, you will pay the University promptly
on demand such further sums as shall be reasonably required for such
purposes. Failure to make prompt payment will result in additional legal costs
being incurred in the pursuit of this debt.
7.
Fees
7.1
The amount of the Fees is as set out in the Particulars of Offer.
7.2
Fees are payable within the first two weeks of the month, in seven equal
payments, starting with October and ending with April of the academic
session. If you produce evidence that your funding organisation or awarding
body has delayed sending any grant or loan, the University may, at its sole
discretion, allow payment to be deferred.
7.3
Interest charges may be levied for late payment. Where levied, interest is
charged at 4% above the Royal Bank of Scotland Base Rate from the date
payment became due.
7.4
The cost of meals as provided is included in the Fees. No reimbursement or
allowance shall be given to you if you do not take the meals provided,
except:
7.4.1
by prior agreement with the Hall Manager in respect of any period
where the taking of meals is not permitted as part of a recognised
period of religious observance; or
7.4.2
when written notice of your absence for periods of five consecutive
days or more during your College Christmas vacation period has
been given to the Hall Management Team in advance.
7.5
Should you not pay your Fees or other sums due under the terms of this
Agreement by their due date, the University will take all necessary legal
action to recover the debts and the cost of doing so will be passed on to
you. Your College will be informed of the debt.
7.6
It is imperative that, should you have any problems with payment of Fees,
you contact the Finance Office and/or your College welfare department as
soon as possible to discuss your options.
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8.
Agreement Personal to the Student
The Agreement is personal to you and cannot be assigned or transferred.
You are not entitled to allow anyone else to live in the Accommodation. For
the avoidance of doubt this also means that you may not allow your room to
be sub-let during any period when you are absent from Hall. The University
may expressly permit you allow a guest to stay overnight in your room, see
clause 10.3 below. It is agreed and acknowledged that there shall be no
contractual agreement between the University and your guest.
9.
Your General Obligations
Your general obligations under this Agreement include the following:
9.1
You must comply with the terms of this Agreement, its Schedules, the
Supplementary Regulations and all reasonable instructions of the Hall staff
and University representatives.
9.2
You are entitled to occupy the Accommodation provided, only so long as you
are a registered full-time student of the University of London pursuing a
course of study at the University. If you cease to be a full-time student of the
University, then this Agreement will immediately come to an end in
accordance with clause 5.2. You are required to notify the Intercollegiate
Halls Reservations Office in writing immediately if you cease to be a full-time
student of the University.
9.3
You must behave in a responsible and proper manner at all times with
consideration for all other students, staff, local residents, and members of the
public generally. Behaving in an aggressive, violent, abusive, insulting,
alarming or threatening manner towards anyone in the Hall is not acceptable
and is a disciplinary offence, which may lead to your eviction. It is expected
that every student should be able to study or rest without disturbance from
others at any time, and particularly from 11.00 pm. to 7.00 am.
9.4
You must not do anything that will increase the risk of fire, flood or other
damage or danger to the Hall.
9.5
You must not take part in any illegal activities.
9.6
You must not use illegal drugs.
9.7
All the Halls operate a strict non-smoking policy, which includes the interior
of the Accommodation and covers the balconies (where applicable) and the
courtyard areas in some Halls. Please check the individual Hall handbooks
for confirmation. For avoidance of doubt, smoking whilst leaning out of
windows is not permitted.
9.8
We strongly recommend that you register with a doctor who is in the call-out
area of the Hall and who will agree to visit in an emergency. The name,
address, and telephone number of the doctor should be entered on the
appropriate form and returned to the Hall Office within twenty-one days of
arrival.
9.9
You must not use nails, screws, adhesive tack, or any method of fixing
pictures or posters to the walls other than on the pin boards provided.
9.10
You must not damage the Accommodation you occupy, the communal
facilities, nor the decorations, furniture, or furnishings in any part of the Hall.
You must be considerate in the use of communal facilities. Any damage,
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including damage to furniture and equipment, must be reported to the Hall
Manager. Any damage, antisocial cleaning or defacement in your
Accommodation, other than that caused through normal wear and tear, will
be charged to you. Damage to other parts of the Hall, including communal
facilities, will be charged to those involved or, if no person can reasonably be
identified, may be charged against the Deposits of all residents as
appropriate, subject to your right of appeal under the appeals procedure set
out in Schedule 4.
9.11
You must know and observe the safety regulations and participate in fire
drills and may not tamper with fire alarms and fire-fighting equipment. The
use of portable heating and cooking equipment in your room is strictly
forbidden. Candles, shisha pipes, oil lamps of any kind or combustible
materials must not be brought into or used anywhere within the
Hall. This list is not exhaustive and the University reserves the right to add or
remove any item. Tampering with fire detection or firefighting equipment or
jeopardising the health and safety of the Hall or its residents in any way are
serious disciplinary offences, which may lead to immediate expulsion from
the Hall. In addition, your College may be informed of the reason for your
expulsion and the matter may be referred to the police.
9.12
You may not bring hazardous substances into your room, even from
University laboratories or other University premises.
9.13
You are not permitted to keep or bring any animals into Hall. Disability
assistance dogs may be permitted with the express prior consent of the Hall
Manager.
9.14
You must not cook in bedrooms. Hot plates, kettles, toasters, rice cookers,
microwave ovens, and other cooking appliances may not be used in nor
brought into study bedrooms. This list is not exhaustive and the University
reserves the right to add or remove any item. Any food stored in rooms must
be kept in suitable sealed containers.
9.15
You must not bring any weaponry, replica or otherwise, into the
Intercollegiate Halls, such as swords, knives or firearms. This list is not
exhaustive and the University reserves the right to add or remove any item.
9.16
You are not permitted to bring additional furniture into the Accommodation
without the permission of the Hall Management Team. Freestanding
furniture should not be moved without the permission of the Hall
Management Team and if agreed must be returned to its original position
upon departure.
9.17
You are not permitted to engage in the running of any business activity using
the Hall Accommodation or its address.
9.18
No offensive material is permitted to be displayed either inside or outside of
the Accommodation. The Warden will be the arbiter of such matters and
his/her decision is final.
10.
Visitors
10.1
The University reserves the right, through its appointed officers, to refuse any
non-resident admission to the Hall at any time or to require them to leave the
premises.
10.2
You are responsible for the conduct of your guests at all times and you may
not allow them to live in your Accommodation. The University expects you to
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ensure that your guests behave to the same standards as the University
expects you to behave, as set out above.
10.3
You may have overnight guests under the arrangements as specified by your
Hall and notified in the attached Supplementary Regulations. You remain
responsible for your guests at all times and are responsible for any payment
levied for hire of beds, costs of meals, etc.
10.4
You may not lend your key or access card to a non-resident, nor permit a
guest to remain in Hall after you have vacated your room.
11.
Disciplinary Offences
11.1
Breach of the terms of this Licence Agreement may be treated as a
disciplinary offence under the Intercollegiate Halls of Residence Student
Disciplinary Procedures (attached at Schedule 3) and dealt with accordingly
by a Warden.
11.2
There is an appeals process set out in the Intercollegiate Halls of Residence
Student Disciplinary Procedures. This includes appeals against deductions
from Deposits or other charges for damages or financial penalties.
11.3
In addition to the above provisions, all students in the Hall may also be
subject to the University’s Code of Student Discipline and to their College’s
own disciplinary procedures in respect of their behaviour within Halls.
12.
Complaints and Appeals
If you are dissatisfied about your stay in the Hall, you may complain through
the Intercollegiate Halls of Residence Complaints Procedure (attached here
or available from the Halls Management Team on request). Invoking the
Complaints Procedure will not however suspend or delay the University's
rights to take action under the terms of this Agreement. Please note that the
Disciplinary Procedure should be used to appeal deductions from Deposits
or other charges for damages or penalties.
13.
Limit of Liability
The University accepts no liability for any loss, damage or harm
sustained by any resident or the guest of any resident on the
University’s premises, except where caused by the negligence of the
University or its employees, agents or contractors.
14.
Illegality
If any provision of this Agreement is held to be unenforceable or illegal, in
whole or in part, such provision or part shall to that extent be deemed not to
form part of this Agreement but the enforceability of the remainder of this
Agreement shall remain unaffected.
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SCHEDULE 1
UNIVERSITY OF LONDON
Additional Information
Drugs and Intoxicating Substances
(i)
Possession and use of any controlled drugs is illegal and is a serious disciplinary
offence within the Hall. Use or possession of controlled drugs in the Hall, or
allowing them to be used in your room, will be cause for immediate expulsion
from the Hall. In addition your College may be informed of the reason for which
you are being required to leave and the matter may be referred to the police.
Guests involved will also be required to leave immediately.
(ii)
Drugs, solvents, and intoxicating substances are injurious to health. Residents
seeking further information about drugs or other noxious substances, or who are
concerned about their own use of them, should seek advice immediately from
any one of the many health and support services, including their own doctor, who
can provide professional advice. If you do not know how to contact one of the
support services, please ask a senior member of the Hall or the Welfare Officer at
the University of London Union.
(iii) The police are interested in patterns of supply of drugs. Any resident receiving
unsolicited offers of drugs, or with other information which could be helpful to the
police, is invited to share such information with them.
Discrimination and Personal Harassment
The University affirms its opposition to unfair discrimination in any form and it is in
keeping with this policy to prohibit any kind of personal harassment including, but not
limited to, harassment on the grounds of race, disability, sex, or sexual orientation or
gender reassignment.
Harassment of one member of the University community by another is wholly
unacceptable behaviour and can be grounds for disciplinary action, which may include
expulsion from the University or dismissal of an employee. Any incidents of personal
harassment should be reported to the Warden or Hall Manager as soon as possible.
Diversity and Equality:
You are referred to the University of London Equality and Diversity policy which can be
found on the website at www.london.ac.uk.
Security
You will be expected to contribute to the general security of the Halls of Residence.
Your Accommodation should be kept locked at all times when not actually occupied.
Parking Arrangements
Parking is not permitted on University property. Students are strongly advised not to
bring a car with them. London operates a congestion charging system.
If you are planning to bring a car to London you will need to register the vehicle for
payment of the charge.
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Insurance
The University provides a basic policy to insure the personal property of resident
students within the Hall. You are advised to take out suitable additional insurance to
cover your personal possessions outside the Hall and high value items not covered
under the terms of the basic policy. Details of the provisions of the insurance policy are
available from the Hall Office and you are advised to check them carefully.
Electrical Safety
Under the terms of the University’s Code of Practice under the Electricity at Work
Regulations, all electrical equipment owned by the University is inspected and a record
kept. If you wish to bring any electrical equipment into your room you will need to
ensure that it is EU approved and is British Standard kite-marked.
The University electrical supply is 230 volts ± 5% AC (50 cycles/second).
(a)
Low Wattage and domestic electrical appliances such as hi-fi equipment,
computers, electric shavers, and hair dryers may be used if properly wired. An
electrician is available to advise and to check any problems.
(b)
Electric kettles and electric heating/cooling appliances are not allowed unless
they are supplied by the Hall.
(c)
Refrigerators are not normally permitted. Where a medical condition requires the
storage of medicines in a refrigerator, e.g. insulin for diabetics, prior written
approval for the installation of a refrigerator must be obtained from the Hall
Manager. A portable mini-cooler is permitted providing it is no larger than 7 litres
and operates via a fan rather than a compressor/fridge motor.
(d)
All electrical equipment must be fitted with suitably-rated fused plugs and
suppressors and be kept in a safe condition. Under no circumstances may you
add to or interfere with electrical circuits or installations of the Hall.
Heating and Hot Water
Electricity, heating and hot water are provided as part of the Agreement at no additional
charge. The heating is normally on from 1st October until 30th April, depending on
weather conditions. In keeping with the University’s commitment to reducing energy
wastage it is not provided 24 hours per day. Hot water is normally available throughout
the year 24 hours per day.
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SCHEDULE 2
UNIVERSITY OF LONDON
Halls of Residence Network Services Conditions of Use
Internet Services
Provision of Wired Internet Connection
The University is normally able to provide you with wired internet access direct to your
room.
To access the internet service via the network point in your room you will require a
computer or device fitted with an Ethernet card (more commonly known as a network
card). A ‘Broadband’ modem/router is not required to access the internet service.
Determining the suitability of a device for connection to the internet service is your
responsibility, but most devices that have an Ethernet card should be able to connect
to the internet service.
Any computer or device connecting to the internet service should be currently licensed
and use a manufacturer supported version of its operating system. It is recommended,
where it is considered ‘good practice’ for the type of device being used, that all devices
should have licensed up-to-date antivirus software installed. This recommendation
includes Macs which, despite popular belief, are also at risk from virus infection.
Conditions of Use
(a)
General
Please be aware that by signing the Hall regulations form you are agreeing to abide by
the following conditions of use and the JANET Acceptable Use Policy. JANET is the
UK’s research and education internet provider.
A current copy of the JANET Acceptable Use Policy may be viewed or downloaded
from: http://www.ja.net/documents/publications/policy/aup.pdf
As with all Hall Regulations, this Agreement is personal to you. Thus, you are liable for
any misuse of the internet connection provided in your Accommodation and therefore
subsequent misuse of the University's computer network and/or JANET connection.
You are strongly advised to password protect your computer and turn it off when not in
use, especially if you occupy shared Accommodation.
(b)
Legal considerations
All users must comply with the terms of current relevant legislation, and in particular
must not download, create, communicate to another person, or otherwise deal with any
material which:
i
ii
iii
iv
v
vi
defames any person or any entity;
is sexually explicit or obscene;
is abusive, threatening, or racially offensive;
infringes the copyright or violates the privacy of any other person;
infringes the rights of any person under the Data Protection Act; and/or
is otherwise unlawful or objectionable.
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Any complaints indicating misuse of the internet service are routinely investigated.
Where clear evidence is provided that allows misuse to be traced to a specific room
connection, we may suspend that connection without notice to prevent further misuse
of the internet service. The relevant resident will then be contacted via the Halls of
Residence administration team to investigate the matter further.
If a complaint for copyright infringement is received and there is no doubt as to the
connection being used at the time of the infringement, the complaint will be passed on
to the relevant resident for response and compliance.
In cases of continual misuse of the internet service the University may choose, at its
discretion, to terminate connection to the internet service for the remainder of your
residence contract or provide an internet service which is configured to prevent further
misuse.
(c)
Resource Usage
The internet service is delivered on a network provided predominantly for the
furtherance of your academic aims. Therefore, whilst reasonable personal use of the
network is permissible, use of the network for furthering your academic aims should
always take precedence. Support of the network is provided with this in mind.
Work of a commercial or business nature is forbidden.
The bandwidth provided to your Accommodation will be up to 10Mbps. Data is limited
to a total of 35GB per residence per week running from Monday 00:00 to Sunday
23:59. All use of the internet service will count towards the 35GB limit.
Connections exceeding 35GB limit will be moved to a lower bandwidth network for a
period of seven days. You can check your resource usage at any time by using the
following URL http://www.myinternet.swan.lon.ac.uk (Please note that this will only
function from the wired connection in your bedroom). The usage website also contains
further information on the internet service which includes a simplified version of the
network terms & conditions.
(d)
File Sharing Applications & Protocols
Applications or protocols which in practice are used almost exclusively in breach of the
JANET Acceptable Use Policy will be deemed unacceptable, regardless of their actual
use. Most notably, the use of peer-to-peer file sharing applications and protocols
which are generally used for the sharing of material that infringes copyright, are
routinely blocked or rendered unusable.
(e)
Potential for Harm
Users must not do anything that may cause or pose a risk of loss, damage, or
significant expense to the University, or harm the reputation of the University. Care
must be taken to ensure that any private statement made is not described as University
policy, nor is in any way attributable to the University, and that all statements,
especially those made in "public" messages, are not defamatory.
(f)
Limitations of Liability
Whilst every effort is made to prevent disruption to internet services, the University
does not warrant that an internet connection will be available at all times and cannot be
held liable for any loss or damage (including consequential loss) caused by a disruption
to JANET, the University network and servers, or abuses by another user. It is each
user's responsibility to ensure that any equipment used is in proper working order and
is fitted with a suitable network card.
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(g)
Privacy
The University routinely monitors all network traffic and stores all e-mail messages over
its networks on the e-mail servers used. Thus, no e-mail should be considered to be
completely private. The primary purpose of monitoring is for fault investigation.
However, any anomalies may be investigated for possible breaches of terms and
conditions of use, including illegal activity.
The University has the right to:
inspect network traffic between a user's machine and any other address(es);
inspect e-mails, both incoming and outgoing, where the University has
reasonable grounds to believe that a term of the University's IT policy has been
breached; and
take any action the University deems necessary, including limiting service or
completely cutting off access, where it is considered advisable to prevent further
misuse.
Except where monitoring provides evidence of a breach of these conditions or the
JANET Acceptable Use Policy, or criminal activity, or significant cost to the University,
information acquired will be kept strictly confidential to those involved in the
investigation. In the case of criminal activity, the information will be made available to
the police and the user's College.
(h)
Viruses
It is your responsibility to maintain your computer to prevent virus infection. Should the
University detect or be notified of virus activity on your connection, the connection will
be terminated without notice. The connection can only be reconnected to the internet
service once the device deemed to be infected has been inspected by a member of the
SWAN support team and found to be virus free and in an acceptable condition that is
not likely to lead to further virus infection.
(i)
Support
The SWAN support team provide internet connectivity to the data point in your room
and basic advice for connecting common devices to use the internet service. The
SWAN support team do not provide general support for either hardware or software.
The support team are also unable to provide support for devices that are obviously
using software that is not licensed.
All problems with the internet service should be reported to the SWAN helpdesk team
who will open a helpdesk ticket for the problem. The helpdesk team will also try and
resolve the problem where possible.
The helpdesk team can be contacted by telephone: 020 7862 8092 Monday to Friday
09:00 to 17:00.
Alternatively an email can be sent to [email protected] any time. A member
of the SWAN helpdesk team will normally respond to any email sent the next working
day, if sent outside of normal office hours.
It is recommended that urgent or serious problems are reported by telephone where
possible and non-urgent or minor problems are reported by email.
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Where the helpdesk are unable to resolve a problem at the initial reporting stage a
member of the SWAN support team will contact you inside 5 working days to provide
further support. The support team where possible will endeavour to keep 5 working day
wait as short as possible. If deemed necessary a member of the support team will
come to your room and inspect your data point or device, where you have provided
consent to do so.
At present, no support is provided outside of office hours, at weekends, during bank
holidays or on University Closed Days.
If the service is used other than as authorised, the University reserves the right
to terminate the connection immediately without notice.
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SCHEDULE 3
UNIVERSITY OF LONDON
Intercollegiate Halls of Residence
Student Disciplinary Procedures
GENERAL
Students should understand that while studying at the College or University, or residing
in Hall, they are part of a community of other students, staff and members of the
University and their College. Students are expected to act as responsible and
considerate members of that community. Within Halls, students are required to
observe the reasonable rules and procedures of the Hall and to comply with the terms
of their Licence Agreement.
The Warden within a student's Hall has power to take disciplinary action for misconduct
committed in Halls. If misconduct is found proven it may result in one of a number of
consequences for the student including a warning, a penalty, or in serious cases,
termination of the student's Licence Agreement. In addition, the Warden may refer
serious allegations of misconduct to be dealt with under the disciplinary procedures of
the University or the Student's College, where questions arise as to whether the
student should continue to be registered as a student of the University or the College.
The emphasis of this procedure is on informality, with the object of solving problems
quickly, simply and fairly. It is hoped that the great majority of issues can be settled
amicably at an early stage.
MISCONDUCT
Misconduct is improper interference, in its broadest sense, with the proper functioning
or work of the University, or activity which damages the University. "The University" in
this sense includes all the members of the University community as noted above.
Examples of misconduct are given in the University's Code of Student Discipline
(Ordinance 26)
http://www.london.ac.uk/fileadmin/documents/about/governance/ordinances/New_Ordi
nances/Statutes__Ordinances_and_Regulations.pdf
Within Halls, a breach of the student's Licence Agreement or non-compliance with
other reasonable rules or procedures of Hall will be considered to be misconduct.
Serious misconduct is that which could lead to termination of the Licence Agreement.
While it is not possible to identify every action that might constitute misconduct within
Halls, some common examples are given below:
•
Damage to property belonging to the Hall or another resident.
•
Injury or harassment of another resident or member of Hall staff.
•
Behaviour which puts the health or safety of other persons at risk.
•
Use of illegal substances.
•
Anti-social, abusive or offensive behaviour or language including serious or
persistent levels of noise and disruption to other persons including within the
local neighbourhood.
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•
Smoking.
•
Failure to comply with fire regulations.
•
Breach of the e-mail and internet rules of internet use.
INVESTIGATION
If an allegation of misconduct arises the Warden will appoint a member of his/her staff
to undertake an investigation. The purpose of the investigation will be to ascertain all
relevant facts relating to the allegation and to ascertain whether there is sufficient
evidence to require a student within the Hall to answer to an allegation of misconduct.
The investigating officer may interview the student concerned, other residents and staff
within the Hall and may also wish to contact the student's College for more information.
The investigating officer shall conclude their investigation and report their findings to
the Warden as soon as possible.
MINOR MISCONDUCT
If having reviewed the investigating officer's findings the Warden decides that there is
an allegation of minor misconduct for the student to answer, he/she shall notify the
student accordingly.
If the student does not dispute the allegation or the material facts surrounding it the
Warden may impose a penalty summarily on the student. Otherwise the Warden shall
call the student to a meeting on 3 days' notice to consider the alleged misconduct. The
student shall be entitled to bring a friend or representative and shall have the
opportunity to state their case to the Warden before the Warden determines whether or
not, on the balance of probabilities, the misconduct is found proven, and if so, what
penalty should apply.
SERIOUS MISCONDUCT
If having reviewed the investigating officer's findings the Warden decides there is an
allegation of serious misconduct to answer he/she will give the student reasonable
notice to appear before a disciplinary panel. The disciplinary panel will usually
comprise the Warden (who shall act as Chair) and a Warden from another Hall.
The student shall be entitled to bring a friend or representative and shall have the
opportunity to state their case to the panel. The student shall have the right to see any
written evidence in advance of the hearing and to put questions judged relevant by the
Chair to any witness called to give evidence. The panel shall consider on the balance
of probabilities whether the allegation is found proven. If the panel finds the allegation
proven it shall determine what the appropriate penalty shall be. The panel shall reach
its conclusions in private and shall confirm its decision to the student in writing within 7
days.
SANCTIONS
The range of potential sanctions where misconduct is found proven include:
•
A warning, to stay on the student's accommodation file for a
maximum of two years.
•
A financial penalty proportionate to the misconduct, to a maximum of
£250. All penalties are donated to local charities.
•
A deduction from a student's deposit, or otherwise to make a charge
for, the cost of making good any damage for which the student has
been held responsible.
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•
Termination of the student’s Licence Agreement.
•
Any other disciplinary action as the Warden sees appropriate in order
to maintain harmonious relations within the Hall.
At the Warden's discretion the student's College and/or the University may be informed
of any disciplinary action taken.
APPEALS PROCESS: MINOR MISCONDUCT
A student has the right to appeal any finding of minor misconduct, or penalty imposed
for minor misconduct, by setting out in writing their grounds for appeal to the Warden
within 5 days of the disciplinary action being taken. The Warden shall refer the
student's appeal to the Warden of another Hall not previously involved in the student's
case.
If the appellate Warden comes to the conclusion that the appeal is trivial, or wholly
lacking in merit or substance, the appellate Warden may dismiss the appeal.
If the appellate Warden concludes that there is substance in the appeal, the appellate
Warden shall hold a meeting and hear from the student and any other person at his/her
discretion before determining whether or not the appeal should be upheld or dismissed.
If the appellate Warden upholds the appeal he/she shall have power to overturn the
penalty altogether or substitute a lesser penalty which is proportionate to the
circumstances. The appellate Warden's decision shall be final within the University.
APPEALS PROCESS: SERIOUS MISCONDUCT
A student has no formal right of appeal against a decision to terminate the Licence to
Occupy the Accommodation. The student can make representations, but the
University has the right to bring court proceedings without delaying the process in order
to consider an appeal.
A student has the right to appeal any finding of serious misconduct or sanction
imposed for serious misconduct (other than termination of the Licence) by setting out in
writing their grounds for appeal to the Head of Residential Accommodation within 5
days of the disciplinary action being taken.
If the Head of Residential Accommodation (or his/her nominee) comes to the
conclusion that the appeal is trivial, or wholly lacking in merit or substance, the Head of
Residential Accommodation (or his/her nominee) may dismiss the appeal.
If the Head of Residential Accommodation (or his/her nominee) concludes that there is
substance in the appeal, the Head of Residential Accommodation (or his/her nominee)
may either:
1.
seek to resolve the matter, in discussion with the student, the Warden and/or
any other relevant parties; or
2.
convene an appeal committee to hear the appeal, composed of:
the Head of Residential Accommodation (or his/her nominee), who shall act as
Chair;
a Hall President from another Hall or his/her nominee from a Hall Club
Committee; and
the Warden of another Hall of Residence who has not had any prior
involvement in the student's case.
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The student shall be entitled to bring a friend or representative and shall have the
opportunity to state their case to the Appeal Committee. The student shall have the
right to see any written evidence in advance of the hearing and to put questions judged
relevant by the Chair to any witness called to give evidence. The Appeal Committee
shall, however, reach its conclusions in private.
The Appeal Committee may uphold or dismiss the appeal. If the appeal is upheld the
Appeal Committee shall have the power to overturn the penalty altogether, or substitute
a lesser penalty which is proportionate to the circumstances. The Appeal Committee's
decision shall be final within the University.
THE OFFICE OF THE INDEPENDENT ADJUDICATOR FOR HIGHER EDUCATION
The procedure detailed above completes the University's consideration of a student's
complaint within Halls. Attention is however drawn to the Office of the Independent
Adjudicator for Higher Education (OIAHE). The OIAHE provides an independent
scheme for the review of student complaints about a final decision of a University's
disciplinary or complaints appeal body. Full details of the OIAHE and how to make a
complaint are available from the University or on the website of the OIAHE
http://oiahe.org.uk. The postal address is: Office of the Independent Adjudicator for
Higher Education, Fifth Floor, Thames Tower, Station Road, Reading, RG1 1LX.
Telephone 0118 959 9813.
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SCHEDULE 4
UNIVERSITY OF LONDON
Intercollegiate Halls of Residence
Student Complaints Procedure
GENERAL
The emphasis on this procedure is on informality, with the object of solving problems
quickly, simply, and fairly. It is hoped that the great majority of issues can be settled
amicably at an early stage. Responsibilities in each Hall are divided between the
Warden and the Hall Manager and each has a responsibility for dealing with complaints
within their area. It is not necessary to know how responsibilities are divided before
making a complaint. The Warden will pass to the Hall Manager complaints that are for
the Hall Manager to deal with, and vice versa.
Constructive criticism is always welcomed as a help towards monitoring and raising
service levels. A record of all complaints, at the First, Second or Third Stage of this
procedure, will be kept by the Hall for a reasonable period. This record will include the
complainant's name, details of the complaint and how it has been resolved or
concluded.
FIRST STAGE
Making a complaint
A student may make a complaint in person at the Hall Office during office hours, or in
writing, or may ask for an appointment with the Hall Manager or Warden with whom the
matter can be discussed. Complaints about catering or cleaning or other Hall services
should be raised immediately with the appropriate manager (and it is desirable that
they should be raised as soon as possible after the matter causing them). Issues of a
general or non-personal nature may be raised at the appropriate internal Hall
Committee through one of the members. Complaints about other students may be
made directly to a member of Wardenial staff.
Complaints about individual members of staff
Complaints about the Hall’s staff must be addressed to the Hall Manager, and
complaints about the Senior Members or Vice-Wardens must be addressed to the
Warden. Complaints about the Warden or Hall Manager must be made direct to the
Head of Residential Accommodation at Senate House.
Complaints about members of staff must be dealt with in accordance with their contract
of employment and not necessarily as provided below; complaints which could lead to
disciplinary action will need to be made in writing.
Complaints about discrimination or harassment
Concerns about discrimination or harassment of students should be referred in
confidence to the Hall Manager or Warden in the first instance, or the Head of
Residential Accommodation (or his/her nominee), who shall decide the appropriate
steps to be taken to investigate the concerns in accordance with the University's
Equality Policy.
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Appeals against deductions from Deposits or similar charges for damage
Students may appeal deductions made from their Deposits or similar charges for
damage under the Disciplinary Procedure by contacting the Warden of their Hall in the
first instance.
Resolving a complaint
The object is to resolve a problem quickly and simply and with the minimum of
formality. The Warden and Hall Manager have discretion in their own areas of
responsibility as to how a complaint is investigated and determined and may refer the
matter to department heads. The student shall be informed of the outcome of the First
Stage investigation into their complaint, normally within 14 days.
SECOND STAGE
If the matter cannot be resolved satisfactorily at the First Stage, the student may
request that the Warden refers the complaint to the Hall Manager or Warden of another
Hall who shall investigate the complaint and normally report his/her findings to the
student within 14 days. The investigator shall have discretion as to how to investigate
the complaint and may decide to interview the student and the Warden or Hall Manager
of the student's Hall and any other relevant parties.
FINAL STAGE
If the student remains unsatisfied with the handling of a complaint as outlined above,
the student may make a formal complaint to the Head of Residential Accommodation,
but only in exceptional circumstances will the Head of Residential Accommodation (or
his/her nominee) consider any complaint which has not previously been examined
under the First and Second Stages.
If the Head of Residential Accommodation (or his/her nominee) comes to the
conclusion that the complaint has already been settled fairly in the Hall, or that the
complaint is trivial, or wholly lacking in merit or substance, the Head of Residential
Accommodation (or his/her nominee) may dismiss the complaint.
If the Head of Residential Accommodation (or his/her nominee) comes to the
conclusion that there is substance in the complaint, the Head of Residential
Accommodation (or his/her nominee) may either:
(i)
seek to resolve the complaint, in discussion with the student and the Warden
or Hall Manager of the student's Hall; or
(ii)
by agreement with the student, appoint an arbitrator from amongst the
external members of a Hall Council, whose decision will be final and binding
on all concerned.
The Head of Residential Accommodation (or his/her nominee) shall usually conclude
his/her investigation within 28 days and shall notify the student when the complaint is
deemed to be concluded by the University.
PUBLIC INTEREST DISCLOSURE
Complaints which are allegations of malpractice, or concern some other serious matter
which the student believes he or she is unable to raise in the Hall, may be made in
accordance with the University's Public Interest Disclosure Procedure, which is
available via the University's website: www.london.ac.uk.
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DISCIPLINARY ACTION
There shall be no disciplinary or other adverse implications for a student who makes a
complaint or allegation, providing the student acts in good faith, within the law, and not
vexatiously or with malice, and in accordance with established procedures including
those above. Victimisation of a complainant and deterring anybody from making a
proper complaint are serious disciplinary offences by University staff.
THE OFFICE OF THE INDEPENDENT ADJUDICATOR FOR HIGHER EDUCATION
The procedure detailed above completes the University's consideration of a student's
complaint within Halls. Attention is however drawn to the Office of the Independent
Adjudicator for Higher Education (OIAHE). The OIAHE provides an independent
scheme for the review of student complaints about a final decision of a University's
disciplinary or complaints appeal body. Full details of the OIAHE and how to make a
complaint are available from the Academic Registrar of the University or on the website
of the OIAHE http://oiahe.org.uk. The postal address is: Office of the Independent
Adjudicator for Higher Education, Fifth Floor, Thames Tower, Station Road, Reading,
RG1 1LX. Telephone 0118 959 9813.
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SCHEDULE 5
UNIVERSITY OF LONDON
Data Protection
The University of London, which is a Data Controller within the terms of the Data
Protection Act 1998 (DPA), collects information about all its staff and students for
various administrative, academic and health and safety reasons. Under the DPA, we
need to obtain your consent for this. Since we cannot operate the University effectively
without processing information about you, this consent must be given as part of the
staff employment or student application/enrolment procedures.
In signing the application/enrolment form, you agree to the University of London
processing personal data contained in that form, and other data which the University
may obtain from you or other people, while you are a member of staff or a student at
the University. You agree to the processing of such data for any purpose connected
with your employment/studies or your health and safety whilst on University premises
or for any other legitimate reason.
The University will handle all such information in accordance with the DPA and with
due regard to confidentiality. Under the DPA you have the right to a copy of the data
held about you by the University of London for a small fee. The present policy is to
waive this fee for current members of staff. Requests for copies of personal data
should be addressed in the first instance to the College or Institute at which you are
employed or enrolled.
Some of the information which the University holds about you will be sent to various
external organisations that need it to carry out their statutory functions connected with
the funding and administration of higher education. The information will be used mainly
to produce statistics. This may result in information being published and released to
other approved users including academic researchers, commercial organisations and
trade unions. Your record will not be used in a way that would permit individuals to be
identified.
If you have any concerns about, or objections to, the use of data for these purposes by
the University of London, please contact the Data Protection Officer at the University of
London, Senate House, Malet Street, London, WC1E 7HU; email:
[email protected] Requests for all data amendments and deletions
should be notified to the Data Protection Officer.
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