Learner conduct policy and procedure

Purpose

The purpose of this Policy is to ensure the safety of learners and staff and to provide guidance on the immediate actions to take following certain incidents involving learners. The policy is based on the principle of ‘acceptable and positive behaviour’, with rules to ensure safety and a spirit of co-operation within InspireU. InspireU’s Learner Behaviour Policy outlines the expectations for behaviour and should be read in conjunction with this policy.

Policy

It is important for individuals to be able to learn, to be able to teach, and support learners and be part of the InspireU community without fear of:

  • Disruption of, and interference with, learning
  • Actual or threatened violence from others
  • Bullying
  • Harassment, including sexual or racial harassment, or harassment on the grounds of religion, belief or disability
  • Illegal substances or alcohol being made available
  • Criminal behaviour (e.g. theft and the carrying of offensive weapons)
  • Deliberate damage to property
  • Learners are expected to observe all rules and regulations of InspireU and to accept that the InspireU will follow conduct procedures if they are in breach of any rules and/or regulations. The rules apply whether a learner is using InspireU premises or is representing InspireU or using external facilities or on work experience as part of their programme.
  • Learners will be made aware of this policy, the Service Expectations, the Learner Behaviour Policy and the InspireU Bullying & Harassment Policy through induction. Learners will be asked to sign a ‘Learner agreement/enrolment form’ at the beginning of their programme, which will commit them to abide by these expectations and policies throughout their time at InspireU.

Unacceptable behaviour can be divided into the following categories:

Types of misconduct

Minor misconduct

This includes for example:

  • Repeated unexcused lateness
  • Repeated inappropriate use of ‘mobile phones’
  • Repeated failure to observe instructions by staff
  • Repeated abusive language
  • Repeated low level disruptive behaviour

Persistent misconduct

This includes for example:

  • All examples of minor misconduct, where a student has not responded appropriately, after earlier requests to do so
  • Regular absence from session, without agreement

Serious misconduct

This includes for example:

  • Failure to observe health and safety regulations
  • Damage to InspireU property
  • Excessive physical contact with another learner (this may be of a sexual or abusive nature)
  • Failure to respond to verbal warnings given for earlier misconduct
  • Verbal abuse towards learners and staff
  • Bullying or harassment towards learners and staff
  • Being in procession of or under the influence of drugs and alcohol
  • Misue of, or interference with electronic systems or data

Gross misconduct

This includes for example:

  • Repeated failure to observe health and safety regulations
  • Assault, physical or sexual abuse towards learners or staff
  • Repeated verbal abuse towards learners or staff (includes racial abuse)
  • Repeated Bullying or harassment towards learners or staff.
  • Committing any criminal offence whilst involved in a InspireU activity
  • Serious damage or misuse of InspireU property
  • Possession of offensive weapons whilst involved in any InspireU activity.
  • Accessing, creating or making available to others pornographic or other offensive material whilst involved in any InspireU activity.
  • Bringing others on to the InspireU site or compromising InspireU security in anyway
  • In procession of drugs and alcohol.
  • Repeated or serious misuse of, or interference with, electronic systems or data

Note:

The categorisations above are intended to be illustrative and are designed to set a framework within which staff can make a judgement as to the severity of a disciplinary issue. It should be acknowledged that all situations are unique and that a range of circumstances should be taken into consideration before making a final judgement.

Official sanctions

Every effort will be made by staff, to follow the steps leading to triage in order to avoid formal sanctions being made. If however, in spite of these steps being followed, and if a learners needs have been met and considered, learners who continue to repeatedly not follow expectations or exhibit serious or gross misconduct, then the following sanctions will be employed.

Verbal warnings

Verbal warnings will be given if learner conduct is not in line with this policy, these can be given by any member of the leadership team. The warning will be recorded on learners personal file and support plan. If learners receive 2 verbal warnings for similar incidents the warning will then be escalated to a written warning. Behaviour support meetings will be offered to learners at point of receiving verbal warnings.

Written warning

If learner conduct does not improve their behaviour after 2 verbal warnings have been issued, learners will then be issued with a written warning in person (if possible) and then it will be followed by a copy being sent to the home address. Written warnings can be issued by any member of the leadership team. EHC Team and involved professionals to also be notified.

Final warning

A final warning will be issued in person (if possible) and will be confirmed in writing to the home address. If there is any conduct from learners that is not in line with this policy, then learners will be withdrawn from their programme immediately. Senior Lead for Pastoral Support is to be consulted prior to the final warning being given, if the learner has an EHC or in the absence of the Senior Lead for Pastoral support the Senior Lead for SEND must be consulted. If a learner is identified as CIN, CiC, or Leaving Care, or Care Experienced the designated teacher must also be informed at this stage.

Exclusions

If learners have been involved in something that we feel makes it unsafe for them or others, a suspension may be deemed appropriate from the programme for a fixed period of time. We will arrange a time and appropriate location to meet to discuss the situation. Senior Lead for Pastoral Support is to be consulted prior to any exclusion if the learner has an EHC or in the absence of the Senior Lead for Pastoral Support the Senior Lead for SEND must be consulted. If a learner is identified as CIN, CiC, or Leaving Care or Care Experienced the Designated Teacher must also be informed at this stage.

Immediate service withdrawal

Certain behaviour from learners will cause them to be removed from the programme with immediate effect. This includes:

  • Threatening behaviour towards staff, employers, colleagues and other learners.
  • Physical abuse towards staff, employers, colleagues and other learners
  • Carrying any form of weapon when accessing the service or when on work experience placement
  • Attending appointments with, or arranged by, InspireU and work placements whilst under the influence of substances, such as, alcohol, drugs or legal highs

Any sanction that is issued to a learner will be recorded on their record for a 12 months.

Senior Lead for Pastoral Support is to be consulted prior to Immediate Service Withdrawal, if the learner has an EHC or in the absence of the Senior Lead for Pastoral support the Senior Lead for SEND must be consulted. If a learner is identified as CIN, CiC, or Leaving Care or Care Experienced the designated teacher must also be informed at this stage.

Procedure

All InspireU staff will follow the Learner Behaviour Policy and the first instance to avoid formal sanctions to be implemented. Each locality area shares this agreed approach to managing low level behaviour that is agreed by the whole staff team and is shared with learners to ensure that a fair and consistent approach is taken. All minor misconduct issues will be dealt with locally following the Learner Behaviour Policy. All staff will consider the learners individual needs, and ensure that these have been met prior to issuing sanctions and when following the behaviour policy.

The Therapeutic Crisis Intervention system and Paul Dix “when the adults change” approach for preventing and managing challenging behaviour has been adopted by InspireU, as its main crisis prevention and behaviour management system, and expects that all its staff will fully embrace its spirit and values and implement its full range of specific skills, techniques, strategies and procedures in a consistent and caring manner. TCI focus as a system is on prevention, de-escalation, management and resolution of crisis.

Suspension

Where appropriate, a member of the Leadership or Senior Leadership Team may send learners home for a ‘cooling down’ period following an incident where they are suspected to be involved. This will usually only be for a maximum of 2 days and is not considered a formal sanction, such as suspension.

Following an incident of either serious or gross misconduct, it may be necessary to fully investigate the matter and invoke a suspension, this will be made clear in a meeting (which could be in person or remote) where the learner will be issued with a suspension letter with a copy being sent to parent, carers or key worker. A member of staff will be appointed as the key investigator to gather the facts and then will present these to the Senior Leadership Team.

During the period of suspension, every effort will be made to maintain contact with the learner, to send work home where possible and keep them updated (at least once a week) on the progress of the investigation.

The outcome of the investigation will be delivered via a learner conduct meeting.

Learner conduct meetings

Written warnings, Final warning and Exclusions can only be issued during a learner conduct meeting. A learner conduct meeting will consider issues of professional conduct, which may include the standard of learner’s work and their progress, personal behaviour and attendance. The learner will usually be given 3 working days’ notice of a learner conduct meeting, unless mutually acceptable time is agreed by the learner and relevant staff. Parents, carers and any other key worker professionals will be informed of the scheduled meeting and are welcome to attend to support their young person. Any member of the Leadership Team can chair the conduct meeting and issue a sanction, only a member of the Senior Leadership Team for a differing locality can issue a permanent exclusion. If the learner has an EHC the Senior Lead for SEND should be kept up to date of progress of the meeting and before a permanent exclusion is issued. If a learner identifies as CIN, CiC, Leaving Care or Care Experienced, the Designated teacher should also be kept informed and consulted prior to a permanent exclusion.

Appeals

If a learner wishes to appeal the sanction that they have received following a learner conduct meeting, they should do so in the first instance by writing or emailing the InspireU Principal within 15 days of the outcome - charlotte.mchugh@lincolnshire.gov.uk.

If you think InspireU have not met the Service Expectations or you are still unhappy with the way you have been treated, please use the Complaints Procedure.