Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is this in relation to a student or a member of staff?
This disciplinary code applies to both students and members of stuff, but you can assume that it is in relation to a student.
Hi, from the wording of the actual policy there is indeed an argument that disciplinary offences will only occur if there is a deliberate act to breach the police or this was done in a reckless manner. Having a mental illness where you are not in control of actions will obviously remove the argument that this is a deliberate act and recklessness would be difficult to prove too. Another issue is that this condition is likely to amount to a disability in law and as a service provider, the university would have a duty to ensure they do not treat disabled people detrimentally or apply rules/procedures that place disabled persons at a disadvantage when compared to others. So whilst they are not treating this person detrimentally because of his condition, they are applying rules that could potentially place him at a disadvantage and this could amount to indirect disability discrimination, which is another point that could be raised with them.
This is very helpful. Thanks a lot.
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