Learning Behaviour Withdrawal Policy

1. Pathway Group
putting you first
Learning Behaviour &
Withdrawal Policy
Pathway College
putting you first

2. Contents
1. Purpose ............................................................................................................................................1
2. Scope......................................................................... ........................................................................1
3. Summary of Stages ....................................................................................................................1
4. General Principles .......................................................................................................................2
4.1 Support for Learners ..............................................................................................................2
4.2 Support for Learners with Additional Needs ................................................................2
4.3 Communication & Notice of Meetings ............................................................................2
4.4 Learners Attendance at Meetings .....................................................................................3
4.5 Learners Under 18yrs & Vulnerable Adults.....................................................................3
4.6 Safeguarding.............................................................................................................................3
4.7 Recording & Monitoring & Reporting ..............................................................................3
4.8 Roles & Responsibilities ........................................................................................................4
5. Formal Stage .................................................................................................................................4
5.1 Cause for Concern ...................................................................................................................5
5.2 First Warning .............................................................................................................................5
5.3 Final Warning ............................................................................................................................5
6. Serious Incident ...........................................................................................................................5
6.1 Serious Breaches ......................................................................................................................6
6.2 Following an Incident ............................................................................................................6
6.3 Asked to Leave Pathway Group or Suspension ............................................................ 6
6.4 Investigation .............................................................................................................................7
6.5 Disciplinary Hearing ...............................................................................................................7
7. Appeal ..............................................................................................................................................9
8. Learning and Behaviour Agreement .................................................................................11
9. Learning and Behaviour Policy Summary - Generic ..................................................13
Abbreviations
• ALS - Additional Learning Support
• CfC - Cause for Concern
• ICT - Information and Communication Technology
• ID - Identifi cation
• LLDD - Learner with Learning Diffi culty and/or Disability
• MIS - Management Information System

3. 1. PURPOSE
Pathway Group aims for all Learners to have an enjoyable, safe and successful
time while studying at Pathway Group. Pathway Group expects Learners to take
responsibility for their learning and to work hard to achieve their learning goals.
The Learning and Behaviour Policy aims to identify and support Learners who are at
risk of underachieving or failing their course and to keep staff and Learners safe.
This policy is based on the principles of mutual respect and responsibility, enabling
Learners to learn and staff to teach and support learning. These aims are supported
by the Learning and Behaviour Agreement.
2. SCOPE
The policy applies to all Learners while they are enrolled at Pathway Group,
including when on work placements, educational visits, trips and other external
College activities. It also applies to Pathway Learners taking programmes through
franchise partners who have been contracted to provide services on Pathway
Group’s behalf.
3. SUMMARY OF STAGES
Pathway Group will use the Learning and Behaviour Policy when a Learner is alleged
to have breached the Learning & Behaviour Agreement.
Whenever possible, concerns and issues should be dealt with informally and the
Learner supported. The Formal Stage or Serious Incident should only be used when
informal action has failed or is considered inappropriate.
The policy has two parts:
1. The Formal Stage will be used to support Learners, address issues and deal with
minor breaches of the Learning & Behaviour Agreement. The Formal Stage has three
levels Cause for Concern, First Warning and Final Warning
2. Serious Incident and Disciplinary Hearing will be used to deal with serious
breaches of the Learning & Behaviour Agreement.
Learners have the right to Appeal against the decision to withdraw or exclude them
from the course and/or College.
1.

4. 4. GENERAL PRINCIPLES
When a Learner is the subject of a Formal Stage, Serious Incident or a Disciplinary
Hearing or an Appeal (as appropriate) the following will normally apply:
4.1 Support for Learners (Formal Stage)
The Learner’s Personal Tutor, Teacher or Lead Tutor will support them. Examples of
support that may be given include:
• Discussing concerns with the Learner (e.g. attendance, punctuality, completion
of work, behaviour)
• Exploring particular reasons or extenuating circumstances
• Clearly explaining expectations around improvements and the possible
consequences of not addressing these which includes a First Warning, Final
Warning or being withdrawn from their course &/or Pathway Group
• Devising an action plan with the learner to achieve their targets
• Referring them to support and contacting agencies as necessary
• Monitoring their progress
• Gathering feedback from Teachers/Support Staff in preparation for a review
meeting
4.2 Support for Learners with Additional Needs (All Stages)
• Learners with a learning diffi culty or disability, vulnerable adults and ESOL
Learners can access support in using the policy by contacting the Centre’s ALS or
LLDD Coordinator
• The Centre’s LLDD Coordinator will be notifi ed when a Learner with a learning
diffi culty or disability or vulnerable adult is involved in a Serious Incident or
subject to a Disciplinary Hearing
• Reasonable adjustments will be made to the process to accommodate the needs
of a disabled Learner
4.3 Communication & Notice of Meetings
Communication with Learners will be via their Pathway generated e-mail account.
Learners will be:
• Given at least 3 working days’ notice in writing of a review meeting
• Given at least 5 working days’ notice in writing of a Disciplinary Hearing and
Appeal Hearing
• Informed of the outcome of meetings and hearings in writing within 3 working
days
2.

5. 4.4 Learners Attendance at Meetings
• If a Learner does not attend a Review Meeting, Disciplinary Hearing or Appeal
Hearing Pathway Group will make reasonable enquiries as to why they are not
present and decide whether, in all the circumstances of the case, it is fair and
reasonable to go ahead without them
• If the meeting or hearing does go ahead without the Learner being there, a
decision will be made in their absence and they will be informed of the outcome
4.5 Learners Under 18 years & Vulnerable Adults
Communication will be via e-mail (or letter when an e-mail address is not available).
Parent/Guardian/Carer will be:
• Invited to attend review meetings with at least 3 working days’ notice in writing
• Informed of the outcome of meetings in writing within3 working days
• Informed immediately when a learner is required to leave Pathway Group
premises
• Invited to attend a Disciplinary Hearing with at least 5 working days’ notice in
writing
• Informed of the outcome of the Disciplinary Hearing in writing within 3 working
days
4.6 Safeguarding
Where it has been identifi ed that Pathway Group should not contact the learner’s
next of kin, or there are strong indications that contact may impact on the learner’s
safety then Pathway Group reserves the right not to involve or inform the learner’s
next of kin of the disciplinary process (at the discretion of a designated child
protection nominee).
4.7 Recording, Monitoring & Reporting
• Formal Stage, Serious Incident and Disciplinary Hearing records are kept on the
learner’s fi le for the duration of their course
• Records of Serious Incidents, Disciplinary Hearings, Exclusions and Appeals
are recorded on a central Pathway Group database and are kept for 5 years
electronically
• Exclusions are fl agged on Pathway Group MIS system for the period of the
exclusion
• Withdrawals, exclusions and appeals are monitored by equality and diversity
categories and are reported to the senior management team
• Monitoring is used to identify equality & diversity issues and areas of action to
address inequalities
3.

6. 4.8 Roles & Responsibilities
a. Pathway Group:
• It is the responsibility of all Pathway Group staff to help make all Learners aware
of the Learning & Behaviour Policy and associated documents
• Pathway Group has a responsibility to tell Learners at the start of their
programme about the behaviour that is required of them and the type of action
Pathway Group can take if they break the Learning & Behaviour Agreement
• Pathway Group is ultimately responsible for the Learning & Behaviour Policy. This
is to be reviewed and amended annually
b. Learners:
• All Learners are required to follow the Learning & Behaviour Agreement
• By enrolling on Pathway Group programmes Learners are agreeing to follow the
Pathway Group policies, and that pathway may take action against Learners who
do not follow them
• Learners will be told about and asked to sign the Learning and Behaviour
Agreement at the start of their programme
5. FORMAL STAGE
Pathway Group will use the Formal Stage to deal with alleged minor breaches of the
Learning & Behaviour Agreement.
Minor Breaches may include:
• Poor attendance and/or punctuality
• Not handing work in on time
• Handing in poor quality or insuffi cient work
• Poor or challenging behaviour such as, inappropriate language
• Rudeness towards staff or other students
• Failing to follow a reasonable instruction made by a member of Pathway staff
• Wherever possible issues and concerns should be dealt with informally through
discussion between the learner and teacher/tutor to establish the facts and
circumstances. The Formal Stage should only be used when informal action has
failed or is considered inappropriate
• Entering The Formal Stage may result in a learner being withdrawn from their
course
• The Formal Stage has three levels: Cause for Concern, First Warning, and Final
Warning
• A progress meeting can be held at any time in The Formal Stage if targets have
not been met with 3 working days’ notice in writing
4.

7. 5.1 Cause for Concern(CfC)
• A CfC can be raised and actioned by an assessor following informal action.
• A learner may have multiple CfC’s raised
• There is no automatic progression onto a First Warning or Final Warning from a
CfC
CfC Review Meeting
• Targets are reviewed and progress discussed
• Outcome and action decided
• Possible outcomes:
i. No further action at this time, records stay on fi le and active
ii. CfC is reissued – Targets set and a review meeting arranged
iii. Case is referred to the Learner’s Personal Tutor/Subject Leader
iv. First Warning is issued by Personal Tutor/Subject Leader
5.2 First Warning Review Meeting
• Targets are reviewed and progress discussed
• Outcome and action decided
• Possible outcomes:
i. No further action at this time, records stay on fi le and active
ii. First Warning is reissued – Targets set and a review meeting arranged
iii. Final Warning is issued
5.3 Final Warning Review Meeting
• Targets are reviewed and progress discussed
• Outcome and action decided
• Possible outcomes:
i. No further action at this time, records stay on fi le and active
ii. Final Warning is reissued - Targets set and a review meeting arranged
iii. Withdraw the Learner from the course or programme
Appeal Learners have the right to Appeal against the decision to withdraw them
from the course(see Appeal section).
6. SERIOUS INCIDENT
Pathway Group will use the Serious Incident and Disciplinary Hearing to deal with
serious alleged breaches of the Learning & Behaviour Agreement.
5.

8. 6.1)Serious Breaches may include:
• Persistent and serious disruption to the learning of others
• Serious actual or threatened violence, verbal abuse or bullying
• Any illegal activity: Including selling or taking non-prescription drugs, and
carrying weapons
• Using technology to produce, access, send or download violent, obscene or
off ensive material or participate in cyber bullying
• Discrimination or harassment either directly or indirectly related to a person’s
race (colour, nationality, ethnic origin), religion or belief, age, gender, marital
status, sexual orientation, gender orientation, or disability
• Malicious damage to or theft of Pathway Group/Staff /Learner property
• Bringing serious harm to the reputation of Pathway Group
Involvement in a Serious Incident and Disciplinary Hearing may result in a
learner being excluded from Pathway Group programmes.
6.2) Following an Incident
A Director, Deputy Director or Duty Manager may require a Learner to leave
Pathway Group premises immediately if a Learner’s continued presence is likely:
• To constitute a threat to persons or property
• To cause undue disruption to the normal operation of Pathway
• A Learner’s Pathway ID may be withdrawn
• A Learner must not return to any Pathway Group premises until they have
permission to do so from a Director or Deputy Director
• This is not a disciplinary penalty; it is an interim measure.
A Director or Deputy Director will act promptly (as soon as possible and usually
within 3 working days) and consider whether to:
• Permit a Learner to return; or
• Suspend the Learner
6.3) Suspension
Examples of behaviour that may lead to a suspension are:
• Physical assault, carrying weapons, selling drugs ect
Following an incident or at any point during an investigation or prior to a
Disciplinary Hearing a Director or Deputy Director may suspend a learner:
• To prevent a threat to persons or property
• Examples of behaviour that may lead to a suspension are: Physical assault;
carrying weapons; selling drugs
Following an incident or at any point during an investigation or prior to a
Disciplinary Hearing a Director or Deputy Director may suspend a learner:
• To prevent a threat to persons or property
6.

9. • A suspension is not a disciplinary penalty; it is an interim measure pending the
outcome of a Serious Incident investigation and/or Disciplinary Hearing
• When suspended, a learner must not return to Pathway Group premises until
they have permission to do so from a Director or Senior Manager
6.4) Investigation
A Pathway Group Manager will act as investigating offi cer. They will:
• Carry out an investigation to establish the facts and circumstances
• Obtain statements from the Learner or from any third parties, by interview or in
writing
• Produce a report on the fi ndings of the incident
• Recommend an outcome to the Director
• Possible outcomes:
i) No case to answer, no further action
ii) Issue a Formal Stage (First or Final) - Targets set and a review meeting
arranged
iii) Disciplinary Hearing
iv) Pathway Group will write to Learners within 3 working days of the incident,
informing them of the outcome of the investigation.
6.5) Disciplinary Hearing - Notice
• When possible, the hearing will take place within 12 working days of the incident
• Learners will be:
i) Sent a copy of the case against them as soon as possible, usually within 5
working days of the incident, including:
ii) Confi rmation of the alleged breaches of the Learning & Behaviour
Agreement
iii) Copies of the evidence gathered during the investigation
iv) Copies of documents that Pathway Group intends to rely upon at the
hearing
v) Given at least 5 working days written notice of the date/time of the
Disciplinary Hearing
vi) Asked to provide a written statement of their response to the case at least 2
working days before the Disciplinary Hearing
Disciplinary Hearing - Notice
• Learners can bring up to two people (for example, a friend, a relative or another
representative)
• Learners may not bring legal representatives with them
• With the agreement of Pathway Group, Learners with particular requirements
may bring three people
• Learners with a learning diffi culty and/or disability may bring a Support Worker
7.

10. • Learners must inform the Director at least 3 working days before the Disciplinary
Hearing if they wish to bring three people or if they need help with arranging a
Support Worker or Interpreter
Disciplinary Hearing –Pathway Group
Pathway Group staff present at a Disciplinary Hearing include:
• The Disciplinary Hearing panel made up of:
• A Director who has not been involved in the case, who will act as Chair
• A Senior Manager who has not previously been involved with the case
• The Investigating Offi cer to present the case
• A Personal Assistant (or equivalent) will take minutes of the Disciplinary Hearing
Disciplinary Hearing - Process
The process to be followed at the Disciplinary Hearing will be:
• The Investigating Offi cer will present the case from a Pathway perspective
• The Learner will present their case
• The members of the panel may ask questions
• The Investigating Offi cer will summarise the case from Pathway perspective
• The Learner will summarise their case, explaining any special circumstances
• The panel will adjourn, to consider their decision
Disciplinary Hearing - Possible Outcome
• Dismiss the case against the Learner and re-admit the Learner to their course(s)
• Issue a Formal Stage (First or Final) - Targets set and a review meeting arranged
• Recommend, as and where appropriate, that the Learner:
• Replace damaged items
• Write an apology
• Seek support and guidance from external agencies to resolve issues raised as a
result of the incident, for example, anger management
• Exclude the Learner from all Pathway Group courses and premises
• The period of exclusion will vary depending on the seriousness of the breach and
the particular facts and circumstances of the case
• The exclusion may be for a specifi c period of time or permanent
• When excluded for a specifi c period, the Learner will be informed of the
exclusion end date
• While excluded the Learner will not be allowed to enrol on a course at any
Pathway Group provision
2) Notice of Outcome
The Learner will be informed of the outcome with reasons as soon as possible,
usually within 3 working days of the Disciplinary Hearing.
8.

11. 7. APPEAL
Learners have the right to appeal against an exclusion following a Disciplinary
Hearing or the decision to withdraw them from a course/programme following a
Formal Stage Final Warning.
Requesting an Appeal:
• The Learner must write to the Centre Manager/Head of Operations at Pathway
Group, Fairgate House, 205 Kings Road, Tyseley, Birmingham B11 2AA, within 10
working days of receiving notifi cation of the exclusion
• The letter must clearly explain the reasons for requesting an appeal and include
all statements and other documents that they wish to rely upon
• Learners may request an appeal based on the following grounds:
• New material evidence is available which was not reasonably available at the
time of the exclusion
• The belief that the outcome or process of the Formal Stage or Disciplinary
Hearing was unfair and/or resulted in a sanction that was excessive or
disproportionate to the breach
• The Learning & Behaviour Policy was not followed and this considerably
disadvantaged the Learner
• For information on independent support and guidance in making an appeal
please contact the Operations Manager
• Pathway Group has the right to reject an appeal if the request for an appeal is
not received within the set time or the grounds for requesting an appeal set out
above are not met
Appeal Hearing - Notice
• If an appeal is to be heard there will be an Appeal Hearing. The Learner will be:
• Given at least 5 working days written notice of the date/time of the appeal
hearing
• Sent copies of all documents that were considered in making the decision
that they are appealing against and any other documents that Pathway Group
intends to use in responding to the appeal
Appeal Hearing - Learners
• Learners can bring up to two people (for example, a friend or a relative)
• Learners may not bring legal representatives with them
• With the agreement of Pathway Group, learners with particular requirements
may bring three people:
• Learners with a learning diffi culty and/or disability may bring a Support Worker.
• Learners for whom English is a second language may have an Interpreter
9.

12. • Learners must inform the Director at least 3 working days before the Appeal
Hearing if they wish to bring three people or if they need help with arranging a
Support Worker or Interpreter
Appeal Hearing – Pathway Group
Pathway Group staff present at an Appeal Hearing include:
• The Appeal Hearing panel:
• The Operations Manager
• A Senior Manager who has not previously been involved with the case
• A Director who will respond to the appeal
• A HR Representative (or equivalent) will take minutes of the Hearing
Appeal Hearing - Process
The process to be followed at the appeal Hearing will be:
• A HR Representative (or equivalent) will take minutes of the hearing
• The Learner will be present to present their appeal
• Pathway Group member will respond to the appeal
• The members of the panel may ask questions
• Pathway Group will summarise their response
• The Learner will summarise their appeal, explaining any special circumstances
• The panel will adjourn, to consider their decision
Appeal Hearing - Possible Outcome
• Allow the appeal (dismiss the exclusion / withdrawal) and re-admit the Learner to
their course(s) - Previous fi ndings will be removed from the Learner’s record
• Impose a Formal Stage in place of the exclusion/withdrawal
• Reduce the length of the exclusion
• Uphold the exclusion/withdrawal
Notice of Outcome
The Learner will be informed in writing of the outcome of the appeal as soon as
possible, usually within 3 working days of the Appeal Hearing.
Referral to External Agencies
Learners who have exhausted the Pathway Group’s internal procedures will be
informed of their right to take their case to the respective funding college, the Skills
Funding Agency, Local Education Authority, DWP or Higher Education Partner (as
appropriate).
10.

13. 8. LEARNING AND BEHAVIOUR AGREEMENT
Scope
• The Learning & Behaviour Agreement applies to all learners while they are
enrolled on a Pathway Group programme, including when on work placements,
educational visits, trips and other external Pathway activities. It also applies to
Pathway Group Learners taking programmes through franchise partners who
have been contracted to provide services on behalf of Pathway
• The Learning & Behaviour Agreement explains what you can expect when you
enrol as a learner the Pathway Group and what we expect of you as a Learner at
Pathway
• This includes Pathway staff , service providers and visitors
Pathway Group will endeavour to provide:
• An organisation that practices and promotes equality and diversity for all
learners and staff
• Staff who follow the procedures and policies including the Learning & Behaviour,
Equality and Diversity, Bullying & Harassment, Health & Safety and Safeguarding
Policies
• An organisation that is committed to improving and promoting sustainability
• An organisation where everyone is treated fairly and with respect
• An induction to your course, services and facilitieS
• An introduction to Pathway policies and procedures including the Learning &
Behaviour, Equality and Diversity, Anti-Bullying & Harassment, ICT Acceptable
Use and Cheating policies
• A Tutor who will support your personal development, academic achievement
and progression
• An Individual Learning Plan (ILP) agreed by you and your Assessor
• Advice and support on moving to the next stage of your plans
• Opportunities for you to tell us your views
• Advice on how to use the Pathway Group complaints and appeals procedures.
• An assessment of your learning needs related to your course of study. If the
assessment shows you need it, we will provide support where possible
• Assignment and work assessments which are fair, consistent and understood by
staff and students
• Marking of work that is handed in on time, with guidance on how to improve
where appropriate
• Staff , who are qualifi ed, experienced and committed
• High quality teaching and learning using a range of teaching and assessment
methods to meet learners’ needs and abilities
• A provision where sessions start on time
• Notifi cation of changes or cancellation of sessions where possible
11.

14. What Pathway Group expects from Learners
You should:
• Take an active role in and responsibility for your learning
• Arrive on time for lessons
• Be prepared for lessons
• Attend all your classes on time and inform Pathway Group immediately if you are
going to be absent. Unauthorised absence for four weeks or more may result in
you being withdrawn from your course
• Wear your student ID at all times around your neck, so that it is visible with the
photo showing and give it to any member of staff when asked. You will not be
allowed into the premises without your ID
• Behave responsibly and safely at all times when on Pathway Group premises
• Comply with any reasonable request made by any member of staff
• Keep your assessor informed of any diffi culties you have which aff ect your
course, so that we can support you
• Complete and submit all your work on time and to an appropriate standard.
(Non-completion of coursework may result in you being withdrawn from a
course)
• Follow College policies including the Equality and Diversity, Anti-Bullying &
Harassment, ICT Acceptable Use and Malpractice/Cheating Policies
• Practise and promote equality for all Learners, staff and visitors
• Use mobile technology, including phones, in an appropriate and responsible
manner to support learning and in a way that does not to disturb others or
disrupt lessons
• Respect other people’s property and take care of equipment, resources, and
buildings
• Comment on your course/s and Pathway services and make your views known
• Act with sustainability in mind by considering the environment within everyday
student life
• When it has been agreed to end a programme, the Tutor / Assessor completes
the documentation. Learner Leave Form. All information is submitted to the
Administration and Finance Supervisor and the information entered onto the MIS
system
• In the case of absence or non-attendance. If the Learner is not able to be
contacted by the Assessor/Tutor over the phone, after three attempts a letter
must be sent out
i. A two month window is available for the Learner to contact Pathway Group in
order to re-commence with their programme. A no contact letter is sent in the fi rst
month, followed by an ultimatum letter in the second month. If there is no response
to the second letter within 10 working days, the learner is withdrawn from their
programme
12.

15. ii. All avenues are followed up with regard to tracing the Learner. Contact details
are provided within the fi le, such as of a next of kin or employer. These are then
contacted as a way of locating the Learner. In a case where the Learner has changed
employment, if the Learner is looking to gain new employment within the same
sector, still meaning that the qualifi cation is relevant to job role, the course can be
continued within the three month window
iii. Social Networking websites may be used as part of tracing Learners – Only if
permission given upon enrolment
iv. Depending on type of funding sourced and agreements with Learner/employer,
there may be a fi nancial penalty for withdrawing from learning for any party
• If all else fails, a copy of all documentation must be put on to the Learner’s fi le for
Audit. Leave paperwork must have the last day that learner was in contact
9. LEARNING AND BEHAVIOUR POLICY - GENERIC
Pathway Group requires that you:
• Do not discriminate, harass, bully or victimise staff , students or visitors
• Do not produce, access, send or download any violent, racist, sexist,
homophobic, obscene or off ensive material or participate in cyber bullying
• Do not behave in any way that could bring Pathway into disrepute
• Do not participate in any illegal activity; including selling or taking non-prescription
drugs or carrying weapons
• Do not distract or disrupt the learning of other students
• Do not copy other students’ work or the work of other people or download work
from the internet and present it as your own
• Do not cheat in exams
13.

16. Pathway Group
Fairgate house, 205 Kings Road, Tyseley, Birmingham B11 2AA
Tel: 0800 955 0870 / 0121 707 0550
Email: info@pathwaygroup.co.uk
Web: www.pathwaygroup.co.uk