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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear Sir or Madam, I have a question related to the interpretation

Resolved Question:

Dear Sir or Madam,

I have a question related to the interpretation of a university disciplinary code.

The code says that one has to breach 'intentionally or recklessly' a regulation in order to commit a disciplinary offence.

Assume that someone breached a regulation, but proofs, using medical evidence from a forensically qualified psychiatrist, that he had a heavy schizophrenic disorder at the time of breaching the regulation. According to this evidence, the person was not free in his decision making and that he was not aware of the actions he undertook.

Do you think such a person would have commited a disciplinary offence or would the medical evidence suggest that the breach was not commited intentionally?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

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?

Customer:

This disciplinary code applies to both students and members of stuff, but you can assume that it is in relation to a student.

Ben Jones :

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.

Customer:

This is very helpful. Thanks a lot.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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