Student Conduct

Student Conduct Privacy Notice

Privacy Notice for Student Conduct Case Management

 

Your Personal Data

The University of Glasgow will be what's known as the 'Data Controller' of your personal data processed in relation to managing student conduct cases. This privacy notice will explain how The University of Glasgow will process your personal data.

 

Why we need it

We are collecting your basic personal data such as: name of reporting individual, contact email/phone, name of responding student (about whom the case is being raised), date/time of incident and a preliminary account of the matter and, where relevant, limited special categories data (such as disability, ethnicity, other health data) in order to review, investigate, and make decisions regarding alleged breaches of the Code of Student Conduct. This may include information about students, staff, and members of the public, obtained either directly from the data subject or indirectly from others, which will be used in accordance with the processes and procedures set out in the Code of Student Conduct.

We will only collect data that we need in order to provide and oversee this service to you.

 

Legal basis for processing your data

We must have a legal basis for processing all personal data. In this instance, the legal basis is:

Article 6 (1)(b) necessary for the performance of a contract - Under the Universities (Scotland) Acts, the University has the responsibility to oversee the discipline of the University. This is reflected in the contract between the University and each student, which states that if students do not act in accordance with the contract, the University may take disciplinary action under its Code of Student Conduct.

The University recognises that processing potential breaches of the Code of Student Conduct may involve data about highly sensitive and personal issues. As a result, the University may have to process 'Special Category' data about students, staff and members of the public or data on criminal charges and convictions. The University must have a legal basis for processing this data. The legal basis is:

Article 9 (2)(g) processing is necessary for reasons of substantial public interest, on the basis of Domestic Law, in this case Data Protection Act 2018, Schedule 1, part 2, paras 10 (preventing or detecting unlawful acts) and 18 (safeguarding of children and of individuals at risk

 

What we do with it and who we share it with

• All the personal data you submit is processed by staff at the University of Glasgow in the United Kingdom. All information handled under this privacy notice will be stored securely in lvanti and Sharepoint, and treated in line with the University of Glasgow's Data Protection Policy. All staff involved in the handling and processing of sensitive personal data or Special Category data have a duty of confidentiality in relation to the content and processing of this data.
• Information may be shared with people involved in the case, including the student under investigation ("Responding Student"), for transparency and to provide a fair process.
• Information may be shared with people who have reported alleged misconduct ("Reporting Individual"), including evidence from other parties to which they should reasonably be given an opportunity to respond, relevant information regarding any precautionary suspension, and as much information regarding the status and outcome of an investigation as is reasonably possible. In determining what information to provide to the Reporting Individual, the University will take account of the need to balance the interests of the Responding Student, the Reporting Individual, and any other witnesses, and the University's obligations under relevant data protection legislation and other relevant legislation.
• Information may be shared with Investigating Officers, Senate Assessors, Student Conduct Case Managers, the Decision Maker, staff and student members of the Senate Student Non-Academic Conduct Committee and of the Senate Student Academic Conduct Committee, and other staff involved in the process of handling and advising on student conduct cases, or the implementation of any precautionary suspension or penalty applied under the Code of Student Conduct.
• Under the Code of Student Conduct, in relation to Responding Students on professional programmes with 'Fitness to Practice' requirements, a case may be remitted to the relevant Fitness to Practice committee for action or advice.
• Under the Code of Student Conduct, the University may report to the police any allegation that a criminal offence has been committed for the purpose of prevention and detection of crime or the apprehension and prosecution of offenders or to safeguard a person's wellbeing where appropriate. Each instance will be judged on its own merit and any sharing of information will be done within the law.
• The University may share information regarding investigations with our insurers to enable us to make insurance claims and engage with solicitors, where appropriate.
• The University may share information regarding investigations with solicitors appointed on its behalf for the exercising or defence of legal claims.
• For overseas, non-UK / EU students only, the University may share investigation, criminal offence and convictions data with the internal Immigration Compliance Team, who may share this information with UK Visas and Immigration in order to comply with our obligations as a student visa sponsor/license holder under immigration legislation.
• The University may also share information with the Scottish Public Services Ombudsman if required.
• Details of conduct decisions are held confidentially in Legal and Governance Services. Details of decisions, including sanctions, will be circulated to relevant University or Student Union, SRC or GUSA officers on a need-to-know basis to implement the decisions.

In the course of this, the University may share information provided by students, staff and other witnesses as described below:

• Declaring Criminal Charges and Convictions

Students must inform the University about certain criminal charges and convictions. Information on the relevant criminal charges and convictions and the process for disclosure can be found here (Section 3.11):

Criminal Convictions.

• The University may also receive reports that a student has a relevant criminal conviction or relevant charge from a third party or agency, for example Police Scotland. Information about criminal charges or convictions will be reviewed by the Deputy Secretary or delegated authority, to determine whether to take action under the Code of Student Conduct.
• The University recognises that involvement in disciplinary matters can be difficult and stressful for students and staff. Information about students may be shared with relevant staff, in order to facilitate the provision of pastoral support, in line with the University Student Privacy Notice. University of Glasgow Privacy Notice

• Sharing information for the purposes of student support

In addition,

• It may be necessary to share limited information, on a need-to-know-basis, in cases where a conduct matter which occurred whilst the student was at the University of Glasgow, comes to light subsequently when the student or students are studying or undertaking research as part of their UofG degree with institutions or organisations overseas. Where the conduct has occurred during study/research overseas this would be dealt with under the international institution's Code.
• The University does not use automated decision making or profiling in relation to Conduct investigations. A human decision maker will always be involved before any decision is reached under the Code of Student Conduct.
• If any evidence is provided in a language other than English, we may use an approved University supplier as third-party translator to translate your message into English

 

How long do we keep it for

Information gathered in relation to proceedings under the Code of Student Conduct will normally be retained for 6 years after the closure of proceedings, and subsequently destroyed. In some circumstances, the University may retain information longer where a case might be relevant to an ongoing relationship between the individual and the University. In cases where a student is permanently excluded under the Code, the University holds all case records in perpetuity.

When a student discloses a criminal conviction or charge to the University:

If the University decides that this requires action under the Code of Student Conduct, data will be retained in line with information held about proceedings under the Code of Student Conduct.

If the University decides that this does not represent a potential breach of the Code of Student Conduct, the University will hold a record for 6 years after the disclosure of the date of disclosure, the nature of the charge or conviction, and the decision not to investigate under the Code.

After this time, data will be securely deleted.

 

What are your rights?*

You can request access to the information we process about you at any time. If at any point you believe that the information we process relating to you is incorrect, you can request to see this information and may in some instances request to have it restricted, corrected or, erased. You may also have the right to object to the processing of data and the right to data portability.

Reporting individuals will be able to request for their statement to be deleted and the case closed. The closed case will be included in statistical reports. However, the University may decide to continue to investigate and deal with any issues raised, for example if there is reason to believe there are safeguarding concerns for other students.

If you wish to exercise any of these rights, please submit your request via the webform or contact dp@gla.ac.uk.

*Please note that the ability to exercise these rights will vary and depend on the legal basis on which the processing is being carried out.

 

Complaints

If you wish to raise a complaint on how we have handled your personal data, you can contact the University Data Protection Officer who will investigate the matter.

Our Data Protection Officer can be contacted at dataprotectionofficer@glasgow.ac.uk

If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can complain to the Information Commissioner's Office (ICO) https://ico.org.uk/