Learner Behaviour Policy

Author:	Alistair Gourlay, last updated by Claire Doherty
Date of Publication:	25 June 2016
Revision	August 2026
First date of review	August 2027

For 19+ Learners

Learners are expected to adhere to the expectations of behaviour as detailed in the learner charter. When this does not happen the learner behaviour policy should be applied. This should only be used where normal classroom management techniques have not been effective.

This policy is intended to apply to situations where learners’ behaviour goes beyond that which a tutor would normally be expected to manage within the normal classroom management situation. It should not be used to replace normal classroom management practices. To that extent this procedure should only be applied in exceptional circumstances where behaviour does the following;

Contravenes equality of opportunity standards on a consistent basis.
Breaches safeguarding and Prevent policy
Intimidates or undermines the tutor or any other staff in the class and therefore adversely affects the learning of the other learners.
Intimidates or undermines the other learners in the class to the extent that their learning is adversely affected.
Consistently undermines good health and safety practice and puts the learner, staff or other learners in a dangerous situation.
Consistently does not conform to the expectations of the course.

In applying the procedure, the ultimate aim of the policy should be to ensure that the learner remains in the class and that their behaviour is modified to ensure that it is not repeated. The policy therefore offers opportunities for the learner to continue with their learning at each point in the process.

Stage One: Identification of behaviour

Where a tutor feels that a learner’s behaviour falls into one of the categories above and where they have been given opportunities to modify their behaviour, they should first contact the curriculum manager in that area to discuss the circumstances. The following should then apply.

The curriculum manager should confirm that all reasonable action has taken place to stop the behaviour. It would not be appropriate, except in extreme circumstances, for this procedure to be enacted for a one-off situation.
Support should be given to the tutor to help them resolve the situation. If this does not work or if the situation has gone beyond this then the procedure should move to stage 2. It should be noted that where the tutor deems the behaviour to be so disruptive as to be adversely affecting the other learners then the process should be quickly moved to stage 2.
This should all be logged, and the information passed onto the head of service.
If at this stage the behaviour of the learner is deemed to be so extreme that they should no longer be attending the class, then it is possible to move to stage three. This would only be in exceptional circumstances and needs the express permission of the Head of Service.

Stage two: Formal notification of the behaviour to the learner

At stage two the head of service should now be notified that this is moving to the second stage. This head of service would now take over the procedure.

At this point the head of service would take over the procedure and become the investigating officer.
The head of service should contact the learner to discuss their behaviour and to hear the learner’s version of events.
Proper recording of the process should take place. Such records should be shared with the learner.
The learner should be informed that their behaviour in the class is now the subject of a service investigation and part of a formal process.
If it is confirmed that the behaviour is inappropriate and that the learner understands and acknowledges this, then the person dealing with the situation must make it clear that the behaviour must desist. This should be done in writing with a copy to the tutor and to either the head of service or curriculum manager as appropriate.
The letter should state the nature of the inappropriate behaviour and should give the learner an opportunity to comment on the contents.
It is important at this stage that the learner is given the opportunity to change the behaviour that is causing the problem and should remain in the class.
The person dealing with the learner should make it clear that the behaviour is not appropriate and that if it does not change then they may be asked to leave the class.

If the behaviour in the class persists then the procedure should move to stage three.

Stage three: Exclusion of the learner from the programme

This is the most extreme measure and would only be used where the learner had been given a clear warning that the behaviour, they exhibited was not appropriate and that if it continued, they would be excluded.

A letter to inform them that the case had now moved to possible exclusion should be sent to the learner.
They would be asked not to attend any further classes until the situation had been resolved.
The investigating officer would put together a case file outlining the procedure that had been carried out with information from the tutor, the curriculum manager and or the investigating officer.
This information would be sent to the learner to allow them to read the information and to send a response if necessary.
This should take no longer than 5 working days and should if possible be much shorter. The learner would have 5 working days to respond.
Once the information had been collated this would be reviewed by a panel consisting of Head of Service, another manager from within the service who had not been involved in the case and a service manager from another area.
If the case was proved, then this would lead to expulsion of the learner from the programme. The panel would also decide whether this was an exclusion from just the programme in question or should be applied across the service.
The learner would be informed of the decision in writing and given the opportunity to appeal the decision.
If no appeal is forthcoming, then we would conclude the issue closed, there would be no refund to be made.

Appeals procedure

Following the decision of the panel, the learner would have the right of appeal. This could take the form of a written response or the attendance at a meeting. The appeal would be made to the Assistant Director Culture and Lifelong Learning, and a service manager from another service within the service arm.

The appeals procedure would follow a similar format to that of a disciplinary hearing for employees. The service would present its case, this would be followed by questions from the panel and any questions from the learner. This would be followed by a presentation by the learners with once again questions from the panel and from the service.

The panel would then retire to consider their decision. The decision of the panel could be one of two outcomes;

The decision to exclude the learner from the class could be upheld
The decision to exclude the learner from the class could be overturned

All parties would be informed of the decision in writing, and this would be binding on all parties.

Excluded from the above process

In the event of an incident which we believe is of safeguarding concern York Learning reserve the right to remove a learner from the course with no right to a refund in the event they had paid for their course, or recourse to the appeals process. They would receive notification of this in writing.

This would ordinarily be an incident where an investigation, either criminal or civil, had taken place and the learner had been found to have breached safeguarding or Prevent guidelines. It can also be an incident on a York Learning course which has led to other learners/staff being placed at risk as a consequence of the actions of a learner.

In the event that a learner does not declare relevant background information when applying for a course that requires proof of suitability and it is subsequently discovered by York Learning they would be removed from the course immediately with no refund.

There is no right to appeal against course removal on safeguarding grounds.

Routes to Success

Rights and responsibilities

We want everyone who comes to York Learning to get the most from their time with us. Routes2Success is about helping you to prepare for the world of work and progress into adult life. We therefore need everyone to understand both their rights and responsibilities. You will be treated with respect and are expected to behave and treat others in the same way. We will always strive to resolve issues before they escalate to avoid implementing the disciplinary procedure. In the event that the disciplinary procedure must be initiated. The following steps will be taken:

There are a series of verbal and written warnings which can lead to dismissal when a learner’s behaviour is inappropriate or disruptive.

Disciplinary procedures

Under normal circumstances the disciplinary procedure has 4 stages:

Verbal Warning
Written Warning
Final Written Warning

If a learner’s behaviour continues to be inappropriate or disruptive after receiving verbal and written warnings, the learner will be dismissed from the programme.

Dismissal

Gross Misconduct

There are certain behaviours that are deemed as gross misconduct and will result in a learner being dismissed from the programme without any prior warnings.

Gross misconduct/unacceptable behaviour which will lead to you being dismissed immediately from the programme includes:

Bullying, physical or verbal abuse
Proven theft
Carrying offensive weapons or anything which could potentially cause harm to an other person e.g. knives, blades, guns, broken glass etc
Taking drugs/solvents/alcohol or being under the influence of any substance whilst on the programme
Damage/vandalism to other people’s/York Learning’s/Placement Provider’s property
Endangering the lives of other people
Behaving in a way that may endanger other people.
Sexual misconduct
Discrimination of any type
Accessing inappropriate websites via the internet, this includes material of a sexual nature, illegal activities, or violence.

Damage to property/equipment

If you damage any equipment, furniture or property belonging to York Learning, or your work placement provider, on purpose, you will have to cover the cost of replacing the damaged item(s).