Swuite Bohermore Student Area

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Resident Disciplinary Procedure

Swuite Residence

Title: GHR Resident Disciplinary Procedure

Issue Date: September 2017

Related Documents: Licence to Reside

Effective from: September 2017

Responsible for Implementation: Accommodation Manager
____________________________________________________________________

1. Objective

1.1 To set out the Swuite resident’s Disciplinary Procedure and residents’ rights under this procedure

2. Scope

2.1 The Swuite Resident Disciplinary Procedure is applicable to all residents of Swuite Halls of Residence.

3. Responsibilities

This document sets out the rights and responsibilities of the following in relation to disciplinary matters as regards to the Swuite:

3.1 Resident
3.2 House Manager

4. Introduction

4.1 The Management of Swuite is committed to fair, equitable and appropriate disciplinary procedures

4.2 The Swuite Resident Disciplinary Procedure shall be invoked where a resident has allegedly acted contrary to the Swuite Licence to Reside or has allegedly carried out some such other activity which has been harmful to the Swuite residence.

4.3 The Swuite Resident Disciplinary Procedure is intended to ensure a speedy and efficient resolution of issues. The aim is to prevent unnecessary delay whilst ensuring a full and fair assessment of the particular circumstances of an individual case

4.4 Residents are asked to familiarise themselves with their obligations provided in the Licence to Reside and the Swuite Resident Disciplinary Procedure and their rights under this procedure.

5. Definitions of Misconduct

5.1 In terms of misconduct, the Management of Swuite recognises that there is a distinction between a minor infringement, a major infringement and gross misconduct as defined below:

5.1.1 Minor Infringement: Minor Infringements include, but are not limited to, noise, disorderly conduct and minor damage

5.1.2 Major Infringement: Major Infringements include but are not limited to, repeated minor offences, injury or threats to the person, harassment, bullying, abusive or dangerous behaviour, nuisance, damage to property

5.1.3 Gross Misconduct: Gross Misconduct includes, but is not limited to, assault causing serious harm (including sexual assault), serious or repeated harassment, extreme nuisance, tampering with and / or disabling of fire, security and safety systems, serious damage to property and use of illegal substances

6. Standard of Proof

6.1 For the purpose of this Swuite Resident Disciplinary Procedure and having regard to the gravity of the matter for decision, a resident shall be deemed to have acted contrary to the Swuite Licence to Reside in circumstances where the adjudicating body is satisfied that the case presented in support of the charge is proven on the balance of probabilities.

7. Right of Attendance and Representation at a Disciplinary Hearing and Appeal Hearing

7.1 In sections 9.6.1, 9.6.5.2, 14.4, 14.9 and 14.13 below reference is made to the resident’s right to attend and be represented at a disciplinary hearing and an appeal hearing. The following points are relevant:

7.1.1 A resident who is the subject of a disciplinary proceeding or who has requested an appeals hearing has the right to attend the hearing convened for the purpose of adjudicating the disciplinary hearing / appeal hearing, to be represented, to hear the evidence presented, to challenge the evidence on cross-examination and to present his / her own evidence

7.1.2 A representative at a hearing may be a fellow resident, a relative, a friend, an adviser or a legal representative

7.1.3 A representative may speak on behalf of the resident

7.1.4 A resident who chooses not to be represented shall be requested at the hearing to confirm in writing that he /she has been informed of his / her right of representation and has declined to exercise it

7.1.5 If a resident fails to attend the hearing, the hearing shall proceed in the absence of the resident.

8. Suspension During Investigation

8.1 The Swuite Management retains the right to suspend a resident suspected of misconduct whilst the investigation into the incident(s) is taking place. Such investigations shall be conducted as quickly as possible

8.2 The Chair of the Disciplinary Board shall ensure that the resident is provided with formal notification of the suspension

8.3 An order of suspension may include a request that the resident should have no contact with a named person or persons.

9. Disciplinary Procedure

9.1 The following section describes the process which takes place when a complainant suspects that a resident has committed some form of misconduct

9.2 A complainant who suspects a case of misconduct shall gather all available information and / or documentation about the incident and refer the case(s) to the Accommodation Office

9.3 The relevant person shall review all information and / or documentation available and discuss the suspected case of misconduct with the complainant and the resident. If the resident does not wish to challenge that misconduct has occurred the relevant person shall document the outcome of the meeting, detailing the penalty which shall be imposed [see Section 10]. A copy of this document shall be provided to the resident and kept on the resident’s file for the appropriate period of time

9.4 If the resident wishes to challenge that misconduct has occurred, the relevant person shall make a determination as to whether he / she considers that the suspected breach of conduct can be substantiated

9.5 Should the relevant person determine that the suspected misconduct cannot be substantiated, no further action shall be taken and no record of the meeting shall be retained

9.6 Should the relevant person determine that the suspected misconduct, if substantiated, is a minor infringement (see 5.1.1) he / she shall:

9.6.1 Notify the resident in writing 24 hours in advance of the hearing (or sooner by agreement with all parties) that the Accommodation Office is preparing a disciplinary case against him/her. The relevant person shall indicate the precise charge being made and the basic facts alleged to constitute the alleged offence. He /she shall also indicate the time, place and format of the scheduled disciplinary hearing, request the resident’s attendance and inform the resident of his / her right of representation, right to hear the evidence presented, to challenge the evidence on cross-examination and to present his / her own evidence (as detailed in Section 7 above)

9.6.2 A person, other than the relevant person who has investigated the incident and normally with an equivalent role, may, in addition be appointed to act in the capacity of Chair of the Disciplinary Board and would meet the resident and the complainant together to adjudicate at the disciplinary hearing

9.6.3 Within 2 working days of the hearing, the Chair of the Disciplinary Board shall notify the resident of the outcome of the hearing. Where the Chair of the Disciplinary Board is satisfied that an incident of misconduct has arisen, he / she shall identify the associated disciplinary penalty [see Section 10 below] and the resident’s right of appeal

9.6.4 In the event of the resident choosing to exercise his / her right of appeal, the application of the disciplinary penalty shall be suspended pending the outcome of the appeal. In the event of the resident not choosing to exercise his / her right of appeal, the disciplinary penalty shall be applied

9.6.5 Should the relevant person determine that the suspected misconduct, if substantiated, is a major infringement (see 5.1.2) or constitutes gross misconduct (see 5.1.3) then:

9.6.5.1 The relevant person shall convene a Disciplinary Board to conduct a disciplinary hearing into the allegation. The Disciplinary Board shall consist of a person, other than the relevant person who has investigated the incident and normally with an equivalent role, and may consist of another senior member of staff drawn from outside of the Accommodation Office from which a Chair shall be appointed. None of the members of the Disciplinary Board shall have been previously directly involved with the allegation

9.6.5.2 The relevant person shall notify the resident in writing 2 working days in advance of the hearing (or sooner by agreement with all parties) that the Accommodation Office is preparing a disciplinary case against him/her. He /she shall also indicate the time, place and format of the scheduled disciplinary hearing, request the resident’s attendance and inform the resident of his / her right of representation, right to hear the evidence presented, to challenge the evidence on cross-examination and to present his / her own evidence (as detailed in Section 7 above)

9.6.5.3 The Disciplinary Board shall then meet with the resident and the complainant together to adjudicate at the disciplinary hearing

9.6.5.4 Within 2 working days of the hearing, the Chair of the Disciplinary Board shall notify the resident, in writing, of the outcome of the hearing. Where the Disciplinary Board is satisfied that an incident of misconduct has arisen, the Chair of the Disciplinary Board shall identify the disciplinary penalty [see section 10 below] and the resident’s right of appeal

9.6.5.5 In the event of the resident choosing to exercise his / her right of appeal, the application of the disciplinary penalty shall be suspended pending the outcome of the appeal. In the event of the resident not choosing to exercise his / her right of appeal, the disciplinary penalty shall be applied.

10. Outcomes

10.1 In the case of minor infringements, the Chair of the Disciplinary Board shall issue a fine and/or an oral warning to the resident which shall be effective for six months. A note shall be retained on the resident’s file until the six month period has expired

10.2 In the case of major infringements or gross misconduct, the Chair of the Disciplinary Board shall determine a fine.
In addition to the fine, the Chair of the Disciplinary Board may, subject to the terms of the lease, impose one or more of the following penalties:

10.2.1 that the resident gives a written undertaking as to his / her subsequent conduct within the Swuite residences
10.2.2 that the resident gives a written or verbal apology
10.2.3 that the resident pays for any damage to property he / she has caused, or recompenses the Swuite Management for any loss it may have suffered or for any costs incurred directly or indirectly from the resident’s misconduct
10.2.4 eviction from the Swuite
10.2.5 referral to the NUIG/GMIT disciplinary officer. This may lead to a disciplinary hearing within the college and or/expulsion.

11. Eviction

11.1 On the recommendation of the Disciplinary Board, under paragraph 10 above and subject to the terms of the lease, a resident may be evicted (with the loss of fees) based on cumulative or summary residence

12. Criminal Offences

12.1 If a resident is alleged to have behaved in such a manner that, if proven in a court of law, he/she would have committed a criminal offence the Swuite Management may suspend the Swuite Resident Disciplinary Procedure and refer the matter to the appropriate authorities.

13. Illness

13.1 In cases where illness of whatever nature is perceived to be the cause of the behaviour which would normally warrant the Swuite Resident Disciplinary Procedure to be invoked, the Swuite Management shall have the right to exclude / suspend the resident from occupation of the Swuite until such time as it is satisfied that he/she is fit to resume his/her residence.

14. Appeals
A resident wishing to make an appeal may do so, normally on the following grounds:

¢ A material procedural irregularity which, had it not occurred, might have impacted significantly on the validity of the original hearing and the subsequent penalty.
¢ New evidence which could not reasonably have been made available to the initial disciplinary hearing.
¢ That the penalty imposed by the disciplinary hearing was too severe bearing in mind the circumstances of the case.

A resident wishing to appeal shall give details of the appeal in writing within 2 days of being informed of the disciplinary decision and shall submit it to Swuite management. When submitting the form, the resident should state the grounds for appeal and may submit any additional evidence which the resident wishes to be taken into account

The Director of Swuite shall convene an Appeals Panel (Stage I) to conduct an appeals hearing. The Appeals Panel shall consist of two senior members of staff drawn from outside of the Accommodation Office from which a Chair and a Secretary shall be appointed. None of the members of the Appeals Panel shall have been previously directly involved with the allegation.

The Chair of the Appeals Panel shall ensure that the resident is notified in writing 2 working days in advance of the hearing (or sooner by agreement with all parties). He / she shall also indicate the time, place and format of the scheduled appeals hearing, request the resident’s attendance and inform the resident of his / her right of representation, right to hear the evidence presented, to challenge the evidence on cross-examination and to present his / her own evidence (as detailed in Section 7 above)

The Chair of the Appeals Panel is responsible for submitting the Panel’s report regarding the case to the Director of the Swuite within 2 working days of receiving the Appeals Form

The Director of Swuite shall normally inform the resident of the outcome of his / her appeal within 2 working days of receiving the Appeal Panel’s report

In the case of an unsuccessful appeal, the appellant may choose to submit a further appeal to the Director of Swuite within 2 working days of being informed of the Appeal Panel’s decision

The Director of Swuite shall convene an Appeals Panel (a Stage II Appeal Panel) to conduct an appeals hearing. The format and composition of this panel is a discretionary matter for the Chairman but the panel shall consist of at least two external members who are not directly associated with Swuite from which a Chair and a Secretary shall be identified. No person who has been involved in previous consideration of the resident’s appeal shall act as a member of the Stage II Appeal Panel.

The Chair of the Appeals Panel shall ensure that the resident is notified in writing 2 working days in advance of the hearing (or sooner by agreement with all parties). He / she shall also indicate the time, place and format of the scheduled appeals hearing, request the resident’s attendance and inform the resident of his / her right of representation, right to hear the evidence presented, to challenge the evidence on cross-examination and to present his / her own evidence (as detailed in Section 7 above)

The Secretary is responsible for submitting a report on behalf of the Stage II Appeal Panel to the Director within 2 working days of receiving the
second appeal

15. Records and Follow Up

15.1 Documentation pertaining to all alleged, investigated and (if applicable) confirmed instances of misconduct shall be compiled and retained by the Accommodation Manager

15.2 Documentation regarding penalties imposed for proven misconduct shall be retained on the resident’s file for the time periods indicated in Section 10 above

15.3 Documentation regarding eviction shall form a permanent record on the resident’s file.

16. Confidentiality

16.1 Where the Swuite Management is satisfied at any stage within these procedures that misconduct has not taken place, no documentation relating to the alleged misconduct and the associated investigations shall be retained in the resident’s file

16.2 The disciplinary process, once entered into, is confidential to all parties. Therefore, it is essential that any individuals involved in the process respect this paramount need for confidentiality. Breaches of such confidentiality may lead to disciplinary action being taken.

Appendix I: Guidance on the Conduct of a Disciplinary Hearing & Appeals
Hearing

1. Purpose
1.1 The purpose of a disciplinary hearing / appeals hearing shall be to hear both the complaint and the response in the former and the case for an appeal of the outcome of a disciplinary hearing in the latter.

2. Documentation
2.1 The disciplinary hearing / appeals hearing will have access to all previous documentation in connection with the alleged misconduct; in addition, the resident and the complainant are each asked to produce an A4 synopsis of their case for distribution during the course of the hearing to the Panel and the other party
2.2 Witnesses may appear in person at either hearing. In addition, the resident and the complainant are permitted to provide written statements in advance of the meeting which will be considered with the previously mentioned documentation.
2.3 Other documentary evidence may be tabled at the discretion of the Chair.

3. Process
3.1 A disciplinary hearing / appeals hearing will be convened by the relevant person – as indicated in the Swuite Resident Disciplinary Procedure. The notice convening the disciplinary / appeal hearing given to the resident shall state clearly the rights of the resident in relation to the hearing.
3.2 The resident shall be entitled to representation as detailed in Section 7 of the Swuite Resident Disciplinary Procedure.
3.4 The Order of Proceedings at a disciplinary hearing or appeals hearing is normally as follows:
3.4.1 Introduction of those present
3.4.2 Outline of the purpose of the disciplinary hearing / appeals hearing
3.4.3 The Chair of the Disciplinary / Appeals Board as the case may be shall read to the resident the resident’s rights in relation to the hearing and shall request the resident to confirm that he/she understands these rights. The Chair shall then ask the resident if he/she needs further time to exercise any of these rights and shall offer an adjournment of the hearing if necessary for this purpose. In the event of the resident wishing to proceed immediately with the hearing or on commencement of the adjourned hearing, the resident will be requested to sign a confirmation that he/she is aware of his/her rights in relation to the appeal and has been given sufficient notice and opportunity to exercise them.
3.4.4 Reference to any witness statements if relevant
3.4.5 An A4 synopsis summarising the main points of their case shall be distributed by both parties
3.4.6 Accommodation Office presentation (approx. 15 minutes/max. 20 minutes) (in case of disciplinary hearing)
3.4.7 The Panel and the resident shall be given the opportunity to question the Accommodation Office’s presentation (in case of disciplinary hearing)
3.4.8 The resident and/or representative presentation shall follow (approx. 15 minutes/max. 20 minutes) (in case of disciplinary hearing and appeals hearing)
3.4.9 The Panel and the Accommodation Office shall be given the opportunity to question the resident’s presentation (in case of disciplinary hearing and appeals hearing)
3.4.10 The Accommodation Office shall respond to any new evidence adduced or claims made by the resident in the course of his or her presentation.
3.4.11 The Accommodation Office shall sum up (5 minutes) [new evidence is not admissible at this time] (in case of disciplinary hearing)
3.4.12 The resident and/or representative shall sum up (5 minutes) [new evidence is not admissible at this time] (in case of disciplinary hearing and appeals hearing)
3.4.13 The Disciplinary Board / Appeals Panel shall adjourn and consider its submission in private
3.4.14 Further information or clarification of matters may be required by the Disciplinary Board or the Appeals Panel.

4. Conclusions and Recommendations
4.1 Any conclusions and recommendations shall be communicated in writing to the resident and the Accommodation Office within the specified time scale.

Your guide to living at Swuite Bohermore

What should I do first?

Tour the building.

Introduce yourself at reception. We'd love to meet you and show you around.


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Say hello your neighbours.

Don't be shy.

What do I need when moving in?

All of our suites are fully furnished and equipped for our residents, however you will need:
Bed linen
Food
Toilet roll, washing up liquid, soap, shower gel etc.
And your good self!

Your rent includes

Duvet
Pillows
Digital TV channels
High speed WIFI
Refuse
Cinema Room
Study Room
Key card
Parking
Fully furnished suites
PRTB registration
TV License
Electricity

Useful Information



Office hours are:
Monday to Friday: 9:00am to 17:30pm
Saturday to Sunday: Closed
Office hours number: 091 753781

We have a team of staff working 24/ 7 including concierge / porter / security staff outside of office hours and you can contact them on 087 352 6307

We recommend you save both of these numbers to your mobile devices.

bohermore@swuite.com
Swuite Manager : Susan Clancy

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Mission Statement

Swuite Bohermore will be focused on creating a well-run, safe and secure environment for all our Swuite Students. We will strive to make it feel like a home away from home, where both students & parents will have peace of mind. We will look after your needs in a friendly, supportive and reliable way.

Swuite and its occupants acknowledge and respect the rights of adjoining residents and businesses to a quiet life and will work to ensure that these rights are not compromised by their actions. We operate a quiet hours policy between 11pm and 7:30am each night.

Residents of Swuite will be required to sign a Licence to Reside agreeing to a code of conduct for the duration of their residency. We ask that you remain mindful of this throughout your stay and remain considerate and respectful of your neighbouring residents.

We encourage harmony among residents, so we will all get along swimmingly and have great fun living here whilst remaining respectful of the surrounding community and considerate of the environment. #keepitswuite

Our Promise

Friendly welcoming team of staff always on hand to assist you 24/7. We will strive to meet and or exceed your expectations.

Full transparency on occupancy fees at all times, there are no additional charges.

A timely turn around on maintenance issues. Report them to us and we will resolve to fix them as speedily and efficiently as we can.

We hire In-house Residential Assistants to encourage a sense of community and integrity. Student involvement is paramount to us harbouring a safe & enjoyable community.

Basic Rules

Clean Spaces
Look after your space, keep it clean and tidy.

Remember to regularly remove rubbish bags and dispose of them in the correct bins in the bin storage area in the basement.

Be sure to wash up all your dishes, and be careful not to block the kitchen sink. Avoid pouring oils and fats down the drain.

Ensure all hair is removed from the shower to prevent it from causing unnecessary blockages.

Allow us access to your room for monthly inspections and to fix any issues you may have.

Alcohol and Smoking
No parties. No alcohol in common areas except in reception area with prior permission from the House Manager.

Strictly no smoking policy inside the Swuite premises use the designated smoking areas only. €100 fine if caught.

Noise
Keep noise to a minimum both inside & outside the building.

Between the hours of 23:00 and 07:30 Swuite operates a period of ‘Quiet Hours’.

General
It is illegal to tamper with fire quipment and could result in a €150 fine.

Only one guest permitted per resident at all times. All guests must be signed in at reception.

Replacement key cards cost €12.50.

Thank you for you cooperation with Swuite Bohermore.

Familiarise yourself with our house rules and policies/procedures.

Maintenance

Ticketing System

All maintenance issues will be prioritised using the ticketing system.
Priority One: 24 hour turnaround (emergency issue)
Priority Two: within 5 working days (urgent repairs)
Priority Three: within 28 days of being reported. (non-urgent repairs)

Safety

Fire Safety
  • Tampering with fire detection and safety equipment is a crime and may result in a fine (€150) or prosecution
  • Take time to familiarise yourself with the fire assembly point and the fire notices displayed. Make sure you know where your closest fire exit is
  • Fire alarm tests are held weekly so familiarise yourself with when this is (Wednesdays @ 11:00am)
  • Do not use lifts during a fire drill or a real evacuation
  • Each suite is fitted with a fire blanket.
General Safety
  • Strictly No Smoking Policy inside Swuite premises, use designated Smoking Areas Only. €100 Fine if caught!
  • The use of illegal substances on Swuite premises is strictly forbidden
  • Student accommodation is often seen as a soft target for thieves. Always lock your windows and doors when you are not in
  • Be aware of your personal safety, particularly in relation to letting anyone you don’t know into the residence - it is better to be safe than to give access to someone who could cause problems
  • The use of candle and any form of naked flames is not aloud in a students apartment
  • First aid supplies are available from reception should you need any minor injury treatment
  • A member of staff must be notified in the event of an emergency so they can request the appropriate emergency services required.

Post and Parcels

All parcels go to reception. A text will be sent to your mobile to let you know it is here.

Please make sure all post is addressed correctly and includes your full name and your room number.

We will sign for a package on your behalf if you are not in the building to do it yourself.

Post will be distributed into your post-box for your collection.

We will do our best to look after parcels, but in the unlikely event of something going wrong, we will not be liable for any damage or loss of a parcel you have authorised us to accept on your behalf.

It is your responsibility to ensure that any customs charges are paid in full.

Useful Contacts

Swuite 24/7 mobile 0873526307

Millstreet Garda Station (091) 538000 /999/112

Ambulance service 999/112

Fire service 999/112

WestDoc 1850 365000

Samaritans Galway 091 561222 (local call charges apply) 116 123 (this number is free to call)

Citizens Information 091-53344

Counselling service Galway 086 823 1670

PRTB 8:00am to 6.00pm Monday to Friday - 01-702 8100 or 0818 30 30 37

Boots Pharmacy Headford road 091 567 901

Procabs(Taxi) Eyre Square, Galway 091 565900

Money advice and budgeting service Quay Street, Galway. 0761 07 2570

Aware Galway Sea Road, Galway city 1800 80 48 48

Hospitals

UCHG; Newcastle Road, Galway, County Galway, Tel: +353 91 580580

Merlin Park Regional Hospital; Merlin Park, Galway City Tel: +353 (0)91 775775

Bon Secours Hospital; Renmore, Galway City Tel: +353 (0)91 757711

Galway Clinic; Doughiska, Galway City Tel: +353 (091) 785000

Getting Around

For buses, see Bus Eireann website

For students attending NUIG or the University Hospital the 405 bus stop is located just at the rear of the building which will drop you to the gate lodge entrance of NUIG and a returning bus is also running which will drop you back to the rear of the Swuite building. A copy of this timetable is available at reception.

For students attending GMIT the 409 bus can be got from the side of the G Hotel which is a 5 minute walk from the Swuite building. For Rail, see Irish rail for timetables and departures
18 min walk 1.4km away from Swuite.

Taxi services, see useful contacts at reception.

Distance to

NUIG (2km) 25 min walk
GMIT (2.5km) 30 min walk
GMIT Cluain Mhuire (1km) 13 min walk
University Hospital (2.3km) 28 min walk
Eyre Square (1.3km) 17 min walk
Galway shopping centre (750m) 9 min walk
Petrol station/ATM/24hr shop (140m) 2 min walk
Tesco (800m) 10 min walk
Boots pharmacy (800m) 10 min walk

Going Out

Bars and Clubs

An Pucan Bar/food
O’Connells Bar
McGettigans Bar/food
Roisin Dubh Live Music
The Kings Head Bar/food
Taffee’s Bar
Tigh Coilis Bar
The Quays Bar/food
Tigh Nora Bar/food
Bierhaus – Craft Beers
Bite Club – Boozy Cocktails
Electric Club , 44 Club, DNA Club.

Cinemas/ Theatre

Eye Cinema Wellpark €5 ruby Tuesday (student special).
IMC Cinema Headford road €5 student Wednesday.
Town Hall Theatre Woodquay.

Bowling

The Planet Headford road
Buy a drink and get a free game of bowling from 7pm every Monday and Tuesday

Free things to do in Galway

Stroll on Salthill Promenade
Experience Trad Music
Escape the City go Island hopping
Galway Arts Centre
Charlie Byrnes Bookstore
Visit Galway Markets
Explore the Claddagh (Irelands Oldest Fishing Village)
Visit Merlin Woods
Galway Cathedral/former prison
Galway City Museum

Simple Tips to Be Mindful of Energy Consumption & Help the Environment

  • Switch off all appliances when you have finished cooking
  • Keep a lid on it – saucepans
  • Reduce Reuse Recycle
  • We have ample bicycle parking in the basement, cycle or walk where possible
  • Remove key cards when you are leaving your room (do not place any other type of card in the key card slot)
  • Plug out everything before leaving your room
  • Don’t leave water running for long periods of time.
Recycling
Take a look at this guide from our recycling partner Barna Recyling to assist you with your recycling efforts.