Single Comprehensive Source of Information
Investigating harassment and/or sexual misconduct
<p dir="ltr">The following policies are relevant to how we investigate allegations of student harassment and sexual misconduct:</p>
<p dir="ltr">The <strong>Sexual Violence and Sexual Misconduct Policy</strong> defines what harassment and sexual misconduct are and sets out the University’s approach to preventing and addressing harassment and sexual misconduct.</p>
<p dir="ltr">In terms of how incidents are investigated, the Sexual Violence and Sexual Misconduct Policy (Appendix 4) specifies that:</p><ul><li dir="ltr"><p dir="ltr">If you give consent for an investigation against another student a suitable Investigating Officer will be selectively appointed and an impartial investigation would be conducted in accordance with the Disciplinary Procedures for Students. For students studying with an academic partner the investigation will take place with the partner.</p></li><li dir="ltr"><p dir="ltr">In the case of a formal investigation against a staff member the relevant Staff Discipline Policy and Procedure will be followed. </p></li></ul>
<p dir="ltr">Any report resulting in an investigation will be treated as a formal complaint. </p>
<p dir="ltr">If you want to report internally only, an investigation in accordance with the Disciplinary Procedures for Students (or equivalent at academic partnerships) will follow, with an appropriate person leading the investigation. They will decide on the level of action and whether the investigation results in no further action, a disciplinary meeting or a disciplinary panel. The latter has the power to recommend permanent exclusion.</p>
<p dir="ltr">It is important to note that the University does not have the same investigation methods as the police. Nor may the University be able to make a determination on criminal guilt, and any internal investigation will be focused exclusively on whether a breach of the <a href="https://drive.google.com/file/d/1gM1qp52Kkdu3hnKV-Qf-4dsJcCI1re2n/view?usp=sharing" target="_blank" rel="noreferrer noopener">Student Code of Conduct</a> has occurred. </p>
<p dir="ltr">The burden of proof in law (the Police/CPS) is much higher (beyond reasonable doubt) than that of the University. The internal process cannot be regarded as a substitute for a police investigation / criminal prosecution and will be judged on the balance of probabilities. </p>
<p dir="ltr">If you report to the police you will be supported in doing so if you wish and we will work with the police as necessary in accordance with the <a href="https://drive.google.com/file/d/0B29dAXRhgD5sZm1vTXlXa2lSUFk/view?usp=sharing&resourcekey=0-oBzIOCpfoWOZeAq3FkxfRQ" target="_blank" rel="noreferrer noopener">Disciplinary Procedure for Students</a>. </p>
<p dir="ltr">If we are aware that a police investigation is ongoing, the Deputy Vice-Chancellor would, in discussion with other key staff depending on the case, assess whether any precautionary measures, such as suspension or access to certain areas being restricted, may be appropriate to protect students (both the reporting student and the reported student / staff member, as appropriate, as well as other students) . This may also ensure the police response is not impeded (See <a href="https://docs.google.com/document/d/1aLKwQmo1IzxJthQfcVe_fzX21PZo4mTXQeashEzQNMo/edit?usp=sharing" target="_blank" rel="noreferrer noopener">Disciplinary Procedure for Students</a> Sections 11 and 14, also linked below as a PDF). The ethics of the case, confidentiality and impartiality of certain roles must be taken into account during any discussion. We would also take the advice of the police in such circumstances.</p>
<p dir="ltr">When the police have all the facts of the case and have spoken to all those concerned a decision will be taken by the police or more likely the Crown Prosecution Service, on whether to charge the alleged perpetrator. In making this decision they will look at whether the case has met the threshold for a charge or conviction and is in the public interest to proceed. This may take some time from making the initial report.</p>