51社区

The Office of the University Advocate is established by the Code of Conduct enacted by the Academic Council of the 51社区.

The Code of Conduct can be found in the Handbook of Academic Regulations and Procedures which is located on the UL Policy Hub 

Under the Code of Conduct, the role of the University Advocate is as follows:

3.2 Excepting academic misconduct, which is managed by the Academic Integrity Unit (AIU), allegations of a breach of the Code of Conduct shall, in the first instance, be referred to a University Advocate, who shall:

a) Consider an allegation and decide if there is a case to answer
b) Investigate the allegation to determine if there has been a breach of the Code
c)Enter into a Voluntary Agreement with the student concerned, where appropriate
d) Refer an offence to the Discipline Committee where appropriate
e) Present all cases in the discipline process

The jurisdiction of the University Advocate is currently limited to members of the Campus Community, which is defined as follows:

1.1 1 This Code of Conduct shall apply to and govern the conduct of all registered students of 51社区 (UL), whether whole-time, part-time or otherwise, who will herein be referred to as the UL Student Community. Acceptance of this code is part of UL鈥檚 registration process.

UL may have agreements in place for visiting students from other institutions, and in certain situations, the discipline process from that institution may apply to those students.

The University Advocates have been appointed by the President of the 51社区.

The current University Advocates are Mr Eamonn T Fitzgerald, Professor Ken Byrne, Professor Conor McCarthy, Professor Elaine Murtagh and Professor Una Woods. 

Please note that the University Advocates should not be contacted directly. Contact should be made via the Complaint, Discipline and Vetting Unit at email: ULDiscipline@ul.ie or by submission of an Official Internal/External complaint form as appropriate. Links to forms can be found below.

Role of the Advocate

The University Advocate is an independent officer who acts at all times to vigorously protect and vindicate the interests of the University.

Their role of the University Advocate is to investigate, and where necessary, present cases regarding alleged violations of the Code of Conduct of the University.

Underlying principles

The office of the University Advocate is guided by a number of key principles:

  1. A robust investigation and prosecution of violations of the Code of Conduct using the over-riding principle of the need to vindicate the interests of the 51社区.
  2. A clear separation of function between the office of the University Advocate and the adjudicative and administrative bodies of the University ensuring prosecutorial independence.
  3. Efficient and verifiable case management.
  4. Transparency and accountability within the limits of the autonomy of the office.

The best interests of the University include not merely faculty and management of the University but also students of the University, past, present and future, and other members of the University community.

The University Advocate's involvement in the disciplinary process of the University can be divided into three distinct elements:

  • Complaint
  • Investigation
  • Prosecution

Any individual or organization may make a complaint to the University Advocate: there is no requirement that the individual or organization making the complaint be a student, faculty or staff member of the University.

However, the University Advocate has limited jurisdiction and may only investigate complaints made against a member of the University Community as defined in the Code of Conduct. For the most part, the jurisdiction of the University Advocate is therefore limited to complaints made against students of the University.

On receipt of a complaint, the University Advocate will first establish whether or not they have jurisdiction. If they do not have jurisdiction they will refer the person or organization making the complaint to the appropriate authority within the University.

PLEASE NOTE: All issues of specifically academic misconduct should be reported to the Academic Integrity Unit, (). 

Allegation of Breaches forms below are intended for all disciplinary reports not related to academic matters.

Although the University Advocate is entitled to undertake investigations on their own initiative, the vast majority of investigations arise by way of   an allegation made by an individual or organisation.

 

Following receipt of a complaint, or on the Advocate's own initiative, a file will be created. The Advocate will undertake such investigations and procure such evidence as they feel necessary to make a proper determination of the case.

Often this investigation will involve interviewing the person or organization who made the complaint, any potential witnesses, and a review of relevant documentary evidence.

The University Advocate will then review the file and may decide

  1. The facts do not disclose any violation of the Code of Conduct and close the file
  2. There is an arguable case that the Code has been violated.

In the event of the latter, the Advocate will usually, although is not required to, ask the person against whom a complaint has been received, to attend a meeting with them. The purpose of this meeting is to complete the investigation by hearing from all the sides involved.

Anyone who attends this meeting will be formally cautioned under the Code of Conduct (s.3.3) before it proceeds. No one is obliged to attend this meeting, and no adverse inference will be drawn from refusing to attend the meeting, however, if this meeting is declined, the issue will almost inevitably    be forwarded to a full hearing of the Discipline Committee.

Meeting with the Advocate may clarify that no violation of the Code has occurred or may result in the matter being disposed of by way of a voluntary agreement with the Advocate which protects the interests of the University and is in accordance with the justice of the case.

If following this meeting the Advocate is of the opinion that the Code has been violated and that there is sufficient evidence to prove that before either the Minor Offences or Discipline Committee, the file will be listed for hearing unless a voluntary agreement has been entered into.

If a voluntary agreement is entered into between the University Advocate and the student, then the issue may, in certain circumstances be presented for mention to the Discipline Committee but the student will not be expected to appear at such a hearing.

Once a file is listed for hearing either by the Minor Offences Committee or the Discipline Committee, the Advocate will assume the role of prosecutor. The Advocate is tasked with presenting the University's case to the relevant committee with sufficient evidence to establish that there has been a breach of the Code. If the Advocate is successful, they shall be responsible for seeking a sanction which they consider appropriate to protect the interests of the University. If a sanction is imposed the Advocate is responsible for ensuring that it has been fully complied with.

If the verdict of either committee is appealed by the student, the Advocate is responsible for defending that appeal in the Appeals Committee, irrespective of whether the verdict at the Minor Offences or Discipline Committee was that which the Advocate originally sought.

It is not open to the Advocate to appeal from a decision of the Discipline Committee.

The conduct of the disciplinary or appeal hearing is a matter for the relevant committee. The Advocate has no special position, place or relationship with either committee. As presenter, the Advocate is in exactly the same position as the defence. The Advocate is not present for deliberations of either committee.

If you require further information on the conduct of disciplinary hearing process, please refer to the Discipline Committee information.

Advocate FAQs

It means that the University Advocate is investigating an allegation that you may have been involved in or witness to, a breach of the Code of Conduct. At this stage, it is merely an allegation and many allegations can be resolved swiftly. However, it is the function of the University Advocate to investigate all allegations and this may require you to meet with the Advocate.

No. The meeting is a preliminary meeting designed to enable a full investigation to take place. It is an information gathering exercise to enable the Advocate to form an opinion as to how the case can be disposed of.

However, in certain circumstances, you may be accompanied by a family member or UL Student Life or PSU representative.

Remember, however, in accordance with the rules of the Code of Conduct, you should be in possession of your valid student ID card and the Advocate will ask you to provide identification so that they can be sure that you are the person against whom the allegation has been made.

You will be emailed with meeting details and a Caution Notice which you must sign and return prior to the meeting.

You will be requested to provide proof of your identity.

The Advocate is also required under the Code of Conduct to confirm that you have signed and returned the Caution Notice in the event that the issue proceeds to a full hearing of one of the University adjudicative bodies such as the Discipline Committee or the Appeal Committee. The caution allows the Advocate to continue their investigation so long as you voluntarily consent to the meeting going ahead. If you do not consent, then the Advocate may have to convene a full hearing of the relevant Committee to have the case disposed of.

Agreeing to continue the meeting does not mean that you admit the allegation that is being made.

You will be given an opportunity to present your side of the story. You should be as truthful as possible and not leave out any details, no matter how insignificant that you think they are. The task of the Advocate at this point is to investigate all the facts and they want to hear your version. They will normally ask questions to clarify anything that they are unclear on. Again, it is in your interest to answer as fully and truthfully as possible all such questions.

At the conclusion of the meeting, the Advocate will inform you that they are either ready to make a determination of the case at that point in time or that they need to continue their investigation. If they indicate that they will need to continue their investigation, the meeting will terminate and you may be called back for a subsequent meeting where the Advocate's determination will be made known to you.

In many cases, because there is no dispute on the facts, the Advocate may be in a position to make a determination after this meeting. There are three possible outcomes:

  1. No case to answer: The Advocate may determine that no breach of the Code of Conduct has occurred in which case the meeting will terminate and that will be an end to the matter.
  2. Proceed to Discipline: The Advocate may be of the view that the Code of Conduct has been breached and that the matter will have to be referred to the appropriate committee. They will inform you that the disciplinary process will commence and advise you as to what to expect next. You can also refer to the relevant website of the Discipline Committee if that is appropriate.
  3. Voluntary Agreement: The Advocate may be of the view that the Code of Conduct has been breached but that the matter can be resolved by way of a Voluntary Agreement between you and the Advocate. This will normally arise where you admit that you have breached the Code of Conduct and are willing to submit to an agreed sanction. The Advocate will lay out your options clearly and specify what they believe to be an appropriate sanction. You will then be given a period of time to reflect on this and decide whether you wish to accept this voluntary agreement or not. If you choose not to accept the voluntary agreement, then the Advocate will commence proceedings before the Disciplinary Committee process where they will  present the case on behalf of the University. If you choose to accept the Voluntary Agreement, you need to let the Advocate know and they will explain how the agreement is to be met.

Naturally, this will vary from case to case and will depend on all the individual circumstances. However, the sanctions that you agree to will not go beyond the permissible sanctions under the Code of Conduct.

No. Accepting a  voluntary agreement means that your case will not be sent forward to the Discipline Committee (unless you fail to abide by the terms of the voluntary agreement).

In addition to the originally alleged violation of the Code of Conduct, you will now be in breach of the Code of Conduct regarding your failure to abide by the voluntary agreement and the Advocate will commence the disciplinary process. You should also note that under the Code of Conduct you will not graduate from the University until you have satisfactorily complied with any voluntary agreement that you may have entered into with the Advocate.

It is the function of the Office of the Provost & Deputy President to monitor compliance with all sanctions under the Code, including voluntary agreements. However, failure to abide by a sanction (including those under a voluntary agreement) is a breach of the Code which will be dealt with by the Advocate.

The Office of the Advocates is supported by the Complaints, Discipline and Vetting Unit (CDV Unit).

Allegation of Breach of the Code of Conduct Internal/External Forms should be submitted online or to: CDV Unit, Main Building, Room A1084, 51社区, Limerick V94 T9PX, Ireland.

Contact email: ULDiscipline@ul.ie