J - Misconduct Procedure for Students

1. Introduction

1.1 This Misconduct Procedure (the “Procedure”) sets out how the University will deal with alleged incidents of misconduct committed by members of the University community (other than those on registered programmes where the Fitness to Practise procedure will also apply).

1.2 A glossary of terms used in this Procedure is set out at Appendix A. Definitions of misconduct are set out in Section 10 of this

2. Scope

2.1 This procedure applies to you if you are a student and you have experienced misconduct from another student in your capacity as a student (It does not apply if you wish to raise concerns in connection with any work you have carried out for the University, e.g. as a PTA. to which the HR processes will apply see Grievance Procedure).

2.2 Where your concerns relate to a staff member then the process in Appendix B will apply.

2.3 The University of Exeter is an inclusive community, where everyone has the right to be treated with respect and where the freedom of speech and expression, and academic freedom, of our community are safeguarded. Harassment and misconduct go against all we stand for.

2.4 This Procedure applies to all Reported Incidents of misconduct, It does not cover incidents where issues arise from individuals navigating challenging interpersonal relations.

2.5 If a conflict arises between this Procedure and any other procedures of the University, then the University’s Student Cases Team will advise which procedure will be

3. Management of this Procedure

3.1 The Senior Vice-President and Registrar & Secretary has oversight responsibility for this Procedure. The day-to-day management of this Procedure will be undertaken by the University Student Cases Team, as relevant.

4. Police Investigations and Judicial Proceedings

4.1 This Procedure is designed primarily to protect and assist students who experience incidents of misconduct that they wish to report to the University, and also to provide support and guidance in determining the course of action that is most appropriate for In this Procedure, a student who wishes to report is known as the Reporting Party.

4.2 Where a criminal investigation or judicial proceedings are ongoing, or are likely to commence in respect of a Reported Incident(s), the University will not normally investigate the Reported Incident(s) and will suspend any ongoing investigation, but it will undertake any necessary precautionary.

4.3 A decision by the Police or Crown Prosecution Service (or other law enforcement agency) to take no further action in relation to a criminal matter, or an acquittal at a trial, does not preclude the University from taking action under this Procedure and does not mean the Reporting Party has made a vexatious or malicious complaint or that the complaint is unfounded.

4.4 In all cases, the University will advise the Reporting Party that it does not have the legal investigatory powers of the Police and cannot make a determination on criminal guilt i.e. beyond a reasonable doubt. An internal investigation is focused exclusively on whether, on the balance of probability, an act of misconduct as set out in Section 10 of this Procedure has occurred. The University’s internal processes, including this Procedure cannot, therefore, be regarded as a substitute for a Police investigation or criminal

4.5 Where an Accused Party has been convicted of a criminal offence or accepts a Police caution in relation to behaviour that falls within the scope of the Procedure, this will be considered by the Investigating Officer when reviewing the

5. Support

5.1 The University is committed to providing support for those members of its community affected by misconduct.

5.2 The University will provide information on support resources available and offer interim measures as appropriate to the Reporting Party, the Accused Party, and to any witnesses involved in any incidents and Reported Incident(s) of misconduct.

5.3 Support resources are available to any student of the University who makes a:

5.4 Disclosure, regardless of their choice to do so anonymously or to whom they disclose; or

5.5 Report, regardless of whether they also make a report to the Police.

6. Monitoring

6.1 The University will maintain a confidential central record of formal Reported Incident(s) covered by this Procedure, including anonymous disclosures, to engage effectively in prevention and response

6.2 The University Audit Committee, the University Executive Board (UEB), Senate and Council (and any relevant sub-committees) are regularly provided with anonymised data concerning the cases that are dealt with under this

7. Reported Incident(s) against student members of the University (see Appendix B below for reports against the conduct of staff)

7.1 A Reporting Party can take two separate actions, either 1) make a Disclosure; and/ or 2) make a Report. The University recognises the importance of minimising the number of times the Reporting Party has to disclose an incident(s) of misconduct.

7.2 The process below will be initiated following receipt of a Disclosure by the University. The Disclosure may be made in a variety of ways, for example:

  • To a member of staff
  • To a member of the Students’ Guild/Students’ Union
  • Through the Support and Report reporting tool
  • Through a request for mitigation
  • Through a formal process, such as an academic appeal, complaint, or misconduct process
  • To another student, friend or family member, who may subsequently bring the matter to the University’s

7.3 A Disclosure, for the purposes of this Procedure, may only relate to a Reporting Party who is (or is thought to be) a student member of the University. A Disclosure does not automatically result in a Report to the University being made under the Procedure. The University respects the right of the Reporting Party to choose how to take forward a Disclosure.

7.4 A Disclosure may be made anonymously using the anonymous reporting tool on the University website. In this case, the University would not be able to act on the information or respond to the Reporting Party in person. It would not be possible to identify any individuals from the data collected in this form; the University would use the information provided via this reporting tool to help understand what kind of incidents were taking place within our community and take positive action; a report on the data collected would be considered by the University’s Audit Committee, the University Executive Board (UEB), Senate and Council, and this information being published annually online.

7.5 Where a Disclosure is not anonymous, the Reporting Party will be given the option and support to do one or more of the following:

  • report the incident(s) to the Police;
  • make a Report to the University via this misconduct procedure;
  • make no report of the incident to either the Police or to the University; and/or
  • receive advice on the support that is available.

7.6 Following a Disclosure, the Reporting Party will be given information on resources for support (including the role of the police if applicable) and informed of their reporting options. The University recognises that the Reporting Party may require time and reflection before making a decision.

7.7 Where the Reporting Party chooses to make a Report, and is supported in doing so, a written statement of the allegation should be submitted setting out the following:

  • the Accused Party (if known);
  • details of the Reported Incident(s)2
  • details of witnesses (if any).

7.8 Alternative reporting options may be available and the Reporting Party may request this information from the member of staff to whom they disclose details of the Reported Incident(s). The Reporting Party may request support with reporting the Reported Incident(s), and may receive support from staff such as those in the Wellbeing Service. If the Reporting Party is unwilling for the Accused Party to be informed of the allegation against them, an investigation cannot proceed under this Procedure.

7.9 Where a disclosure and/or Report are received, a member of the Student Conduct team will determine whether a Case Management Conference (CMC) should be convened based on the information available, or whether further information may need to be gathered before a decision can be made on whether a CMC is

7.10 Where the Conduct team determines that sufficient information exists, and it is relevant to do so, a CMC will be convened in accordance with Section 8

8. Case Management Conference

8.1 Following a Report, the Reported Incident(s) will be considered at a CMC.

8.2The CMC may be chaired by the University Student Cases Manager (or their delegate in their absence).

8.3 The purpose of a CMC is to assess support needs, consider how to protect the interests of all parties and members of the University community who may be affected by the case, and to agree next steps (the merits of any Report will not normally be considered at the CMC).

8.4 The membership of the CMC will depend upon the nature of the Reported Incident(s) and will be determined by the University Student Cases Manager. The membership must include, as a minimum, three of the following role holders:

  • the Head of Education Support (or nominee);
  • the Head of the Wellbeing Service (or nominee);
  • the Head of Student Cases (or nominee);
  • the Head of Legal Services (or nominee);
  • the Divisional Director for University Corporate Services (or nominee);
  • a representative from the Faculty/Faculties of the Reporting Party/Accused Party (as relevant).

8.5 In addition, consideration will be given to the contribution of external stakeholders who are actively involved in supporting the student(s) affected. This may include, but is not limited to, information provided by representatives from the Devon and Cornwall Police and/or the Safeguarding Manager based within the local Police force.

8.6 During the CMC, the members will:

  • consider the academic, welfare and support needs of the Reporting Party, of the Accused Party, and of any other members of the University community directly involved in the Reported Incident(s), as well as the welfare and support needs of those involved in the Disclosure, and identify any actions required to ensure that those needs are met; and
  • undertake a risk assessment in order to determine whether any precautionary measures need to be put in place in order to:
    • ensure that a full and proper investigation can be carried out (either by the Police or the University) and/or
    • protect the Reporting Party, the Accused Party, or any others as deemed necessary, whilst the allegation is being dealt with as part of either a criminal process or a disciplinary process.

Precautionary measures, such as those described in Section 12 of the Student Disciplinary Procedure, may include:

    • imposing conditions on the Accused Party as stipulated in a precautionary contract; and/or
    • suspending the Accused Party from any class or classes and/or excluding the Accused Party from any or all University facilities, grounds and premises (which can include activity that takes place away from campus such as field trips, placements and/or activities organised through University facilities such as Athletics Union related activities), until such a time as any criminal proceedings and/or University disciplinary proceedings have concluded; and/or
    • notwithstanding the Accused Party’s rights under the University’s Accommodation Contract, requesting that the Accused Party moves to alternative accommodation (where relevant).
  • as a minimum, a non-contact order will likely be relevant for the duration of the investigation and/or consideration by a disciplinary Board of the Reported Incident(s)
  • identify the members of staff within the University with responsibility for supporting the Reporting Party and Accused Party;
  • ensure that arrangements are in place to maintain confidentiality;
  • review the involvement of any external agencies;
  • determine what next steps should be taken and how to carry forward the decisions and/or recommendations that are made; and/ or
  • consider any other actions relevant to the Reported Incident(s) in accordance with the Disciplinary Procedure and/or Fitness to Practise framework (as relevant).

8.7 Actions arising out of the CMC may include (but are not limited to):

  • the provision of further or different support to the parties involved. The support measures may relate to health and wellbeing, academic, housing, or finance matters;
  • the recommendation of precautionary conditions (as explained above in accordance with Section 12 of the Disciplinary Procedure) on the Accused Party pending the outcome of the criminal and/or University’s disciplinary process;
  • a recommendation that the Reported Incident(s) set out in the Report be investigated in accordance with this Procedure;
  • appropriate communication with the parties involved; and/ or
  • collection of further information necessary to inform future management of the situation.

8.8 Where the Reporting Party has proceeded with a Police investigation, the CMC will confirm this and will normally suspend proceedings, pending the outcome of any criminal investigation or judicial

8.9 Where proceedings are suspended, a further CMC will be reconvened after the conclusion of a criminal investigation or judicial proceedings to recommence the University’s processes under this

8.10 The Conduct team will be responsible for ensuring that any decisions or recommendations made at the CMC are recorded and acted upon, liaising with relevant University managers and officers as appropriate within the established institutional and academic governance

8.11 The risk assessment and any precautionary measures that are put in place will be reviewed regularly by the Student Conduct team and amended as appropriate. Additional CMCs may be convened necessary.

8.12 Where the CMC determines that a Reported Incident(s) should not be investigated in accordance with this Procedure, the Conduct team shall provide the Reporting Party with reasons for the determination and information about their right to seek a review or challenge the decision under the Complaints Procedure. This will, where possible, be done through a face-to-face meeting and will then be confirmed in writing.

9. Invesitgation of a Report 

9.1 Where the CMC recommends that a Report against the conduct of a student should be investigated, a specially trained Investigating Officer (“IO”) will be designated as Authorised Officer under Section 6 of the student Disciplinary Procedure. The IO will seek to gather evidence to determine whether, on the balance of probabilities, a breach of the Disciplinary Procedure has occurred.

9.2 The IO will act promptly and tactfully, maintaining confidentiality at all times and will take all appropriate measures to provide a safe, comfortable and supportive environment in which to discuss the Reported Incident(s) with the Reporting Party, the Accused Party, and any witnesses to the reported incident. The IO may also consult external parties to seek specialist advice as required while ensuring that confidentiality is maintained. While it will be at the IO’s discretion, the order of investigation will normally hear from the Reporting Party first, then the Accused Party, then any other witnesses as relevant to the reported incident. The IO will consider the impact the investigation will have on those involved, and will seek to obtain information in a private manner, considering what can be obtained without speaking to anyone else.

9.3 The Reporting Party will be required to attend an investigative meeting with the IO, during which the process that will be followed will be explained, and the details of the Reported Incident(s) will be confirmed. The Reporting Party will be invited to nominate witnesses as relevant to the investigation of the Reported Incident(s). If the Reporting Party is unwilling for the Accused Party to be informed of the allegation(s) made against them, an investigation cannot proceed. The Reporting Party may be accompanied by a Supporter (as described in Appendix A) at the investigative meeting.

9.4 The IO will provide the Accused Party with written notification of the allegation(s) made against them, of the process that will be followed, and invite the Accused Party to a meeting with the IO. The meeting will be held in accordance with Section 6 of the Disciplinary Procedure. The Accused Party will be given a full and fair opportunity to explain or present their version of events in response to the allegation(s) and will be invited to nominate witnesses as relevant to the investigation of the Reported Incident(s). The Accused Party may be accompanied by a Supporter.

9.5 The IO will consider the witnesses nominated by the Reporting Party and the Accused Party and their potential relevance to the Reported Incident(s) and, where relevant, invite accounts from witnesses; on receipt of accounts from witnesses relevant to the investigation into the Reported Incident(s), the IO will consider whether it is necessary to share the evidence received with the Reporting Party and/or the Accused Party, or with other witnesses, as relevant.

9.6 In all investigatory meetings, a record will be made and the interviewee will be asked to confirm that the record is an accurate summary of the discussion with the IO. The interviewee may make written comments about any section(s) of the record that they do not agree Copies of the confirmed record, with any comments, will be retained by both the interviewee and the IO.

9.7 The IO may hold additional meetings or consult with additional parties as necessary to obtain information and evidence, as relevant to the Reported Incident(s), in order to reach a determination, on the balance of probabilities, as to whether the alleged offence occurred as reported.

9.8 On completion of the investigation, the IO may either:

  • Decide that no further action is required (for example, because there is insufficient evidence that the Reported Incident(s) took place). In such an instance the case will be dismissed and no disciplinary action will be taken; or
  • decide that further action is required, as explained in Section 6.6 of the Student Disciplinary procedure.

10 Breaches of the Disciplinary Procedure

10.1 If the IO determines that further action is required, they will decide whether the Reported Incident(s), if proven, would constitute a breach of the Student Disciplinary Procedure and, if so, whether it should be treated as a Minor Offence or if to refer the case to a Student Cases Manager (or their nominee) to determine whether the matter should be considered by a Disciplinary Board as a potential Major Offence. Where the investigation relates to an allegation of staff misconduct, the IO will recommend action be taken as described in section 6.3 of the staff Disciplinary procedure.

10.2When making their decision, the IO will take into account the nature of the Reported Incident(s), the evidence available and any mitigation present to determine whether:

  • the case will be dismissed by the IO under Section 6 of the Student Disciplinary Procedure,;
  • the IO classifies the Reported Incident(s) as a substantiated Minor Offence under the Disciplinary Procedure, or
  • the IO classifies the Reported Incident(s) as substantiated and refers the case to a Student Cases/HR Casework Manager (or their nominee) to determine whether the matter should be considered by a disciplinary Board/Hearing (as relevant) as a potential Major Offence under the student Disciplinary Procedure.

A list of the types of behaviour which may be considered to constitute a Minor Offence and a list of the types of behaviour which may be considered to constitute a Major Offence are set out below. The lists are illustrative only and are not exhaustive.

10.3 Under the Disciplinary Procedure, misconduct breaches that would normally constitute a Minor Offence include:

  • A single act of bullying, harassment or intimidation;
  • Anti-social behaviour which causes distress to others and/or reputational harm and/or damage to the University’s relationship with the local community;
  • Causing minor damage to property;
  • Failure to comply with reasonable requests from staff, for example refusal to identify oneself when asked to do so;
  • Multiple or repeated minor offences.

10.4 Under the Disciplinary Procedure, misconduct breaches that would normally constitute a Major Offence may include:

  • Persistent acts of bullying, harassment or intimidation;
  • Threatening, offensive or indecent behaviour;
  • Theft, fraud, handling stolen goods (on the University's campuses), or deliberate falsification of records;
  • Possession and/or misuse of any weapons, illegal items or items which we consider to be offensive or dangerous (including but not limited to, licensed firearms; models, paintball guns; replica, ceremonial or toy weapons; knives);
  • Assault or causing physical harm;
  • Contacting a member of the University community when under contract not to do so;
  • any humiliation or participation in the humiliation of anyone (in person or online) who has reported misconduct.

10.5 If, on completion of the investigation set out under Section 6 of the Disciplinary Procedure, the IO determines that the Reported Incident(s), on the balance of probability, is a proven Minor Offence under the Disciplinary Procedure, the IO will apply a penalty from those permitted under Section 7 of the Student Disciplinary Procedure.

10.6 The circumstances and context of each case will be taken into account when determining whether any penalty should be imposed and if so, which penalty(s) should be imposed and, where relevant, the timeframe for compliance. The penalties/actions permitted under Section 7 of the Student Disciplinary Procedure for Minor Offences are:

  • no further action;
  • a caution, which means that no penalty is imposed, but if the student is found guilty of the same or similar offence(s) on a subsequent occasion in the following 12 months (or some other specified period) they will then be dealt with for both offences;
  • a written warning;
  • a behavioural contract;
  • a suspended fine of not less than £50 but not exceeding £200 per offence (in the case of a suspended fine the IO will advise the student of the circumstances in which the fine would become payable);
  • a fine of not less than £50 but not exceeding £200 per offence;
  • compulsory attendance at an appropriate workshop(s);
  • restitution of damage (where physical damage has been caused);
  • restorative justice (e.g. a letter of apology) where the Reporting Party requests it and/or
  • temporary or permanent exclusion from the use of specific University facilities or services.

10.7 If the Accused Party fails to comply with the sanctions imposed by the IO within the time specified, the Accused Party may be considered to be in breach of the ruling as defined under Section 5 of the Student Disciplinary Procedure of ‘failure to comply with a disciplinary penalty’, which may result in the Accused Party being referred to a (Non-standing) Major Disciplinary Board (as defined under Section 9 of the Disciplinary Procedure)

10.8 If, on completion of an investigation under Section 6 of the Disciplinary Procedure, the IO determines that, on the balance of probability, the Reported Incident(s) is substantiated and may be a potential Major Offence under the Disciplinary Procedure, they will refer the matter to a Student Cases Manager (or their nominee) for This may result in the case being classified as Minor (with a penalty applied from those permitted under Section 7 of the Disciplinary Procedure) or the case being referred to a (Non-standing) Major Disciplinary Board under  Section  9  of the Disciplinary Procedure.

10.9 The Major Disciplinary Board may impose any of the penalties set out in Section 10.6 above. In addition, a Major Disciplinary Board may make a recommendation that Senate exercise the authority granted under the University Statutes to permanently exclude the student from the University, which can include exclusion from all University facilities, grounds and premises.

10.10 Information on the format of a Major Disciplinary Board can be found in Section 1 of the Disciplinary Procedure.

10.11 When convening a Major Disciplinary Board, the Chair will give consideration as to how best support the Reporting Party with regards to the presentation of

10.12 Under this Procedure, on completion of an investigation, the IO will write a report explaining the consideration of the Reported Incident(s) and the decision that they reached. Details of the decision reached will be provided to both the Reporting Party and the Accused Party.

11. Request for a Review

11.1 If the Reporting Party or the Accused Party is dissatisfied with the outcome of the case, or if they believe the matter has not been handled fairly in accordance with this Procedure, they may request a review in writing.

11.2 The Reporting Party should submit their request for a review of their case as described in Section 7.3 of the University’s Complaints Procedure. As explained in the Complaints Procedure, the request for review will be considered by a senior member of the University who has not had any prior involvement with the case at an earlier stage, along with a member of the University Student Cases team, both of whom will have undertaken University approved specialist training in the area of managing misconduct.

11.3 The Accused Party should submit their request for a review of their case as described in Section 8 (Right of Appeal for Minor Offences), or Section 10 (Right of Appeal for Major Offences) of the Disciplinary Procedure, as

11.4 A request for review must normally be submitted to the University Student Cases Team within 20 working days of the conclusion of the case (as described in the Complaints Procedure for the Reporting Party, and in the Disciplinary Procedure for the Accused Party).

11.5 The review request should include details of why the Party is dissatisfied, in accordance with the grounds of appeal as specified under the Complaints Procedure (in the Reporting Party’s case) or the Disciplinary Procedure (in the Accused Party’s case).

11.6 The review request will be reviewed on the basis of any documentation provided by the relevant Party, and the documentation held by the IO. The review of the complaint (if submitted by the Reporting Party) or the disciplinary outcome (if submitted by the Accused Party) will be conducted in accordance with the arrangements set out in the respective

11.7 The other Party will not be informed that a review request was made, its details, or its outcome, unless the review is upheld and any further action materially affects the other

11.8 The Party who requested the review will be informed of the outcome of the review in accordance with the arrangements and timescales set out in the relevant procedure. The decision of the review will be final.

12. Office of the Independent Adjudicator for Higher Education

12.1 Once all internal processes have been exhausted, a student can make a complaint to the Office of the Independent Adjudicator for Higher Education (OIA) if they remain dissatisfied with the University’s decision. Further information is available on the OIA website: www.oiahe.org.uk.

13. Request for a Review

13.1 If the Reporting Party is dissatisfied with the outcome of the case, or if they believe the matter has not been handled fairly in accordance with this Procedure, they may request a review in writing.

The Reporting Party should submit their request for a review of their case as described in Section 7.3 of the University’s Complaints Procedure. As explained in the Complaints Procedure, the request for review will be considered by a senior member of the University who has not had any prior involvement with the case at an earlier stage, along with a member of the University Student Cases team, both of whom will have undertaken University approved specialist training in the area of managing misconduct.

 

1 However, in certain circumstances, where there is a clear and immediate risk to the health, safety and well-being of the Reporting Party or evidence of a criminal act, the University reserves the right to refer the matter to the Police. 

2 At this stage, it is not the job of the reporting party to ‘prove’ the allegation. This is a matter for the subsequent investigation. What the University requires initially are the fullest details of the incident that can reasonably be provided.

Accused Party

means the University student who is accused in a Reported Incident(s).

CMC

Case management conference to consider a Report

Complaints Procedure

means the University’s Students Complaints Procedure as set out here:

Council

means the University’s Council.

Disciplinary Procedure

means the University’s Student Disciplinary Procedure – Non-academic Misconduct as set out here

Disclosure

means a disclosure of an Incident under this procedure.

IO

means Investigating Officer

Major Offence or Major

means a major offence as defined by the student Disciplinary Procedure.

Minor Offence or Minor

means a minor offence as defined by the student Disciplinary Procedure.

Misconduct

means any acts, behaviours, or conduct which amount to misconduct, examples of which are set out at paragraphs 10.3 and

10.4 of this Procedure. This is not intended to be an exhaustive list.

Procedure

means this Misconduct Procedure.

Report

means a formal report of a Reported Incident(s) which is taken forward as a formal investigation by the University Student Cases Team.

Reported Incident(s)

means an allegation of an incident of Misconduct.

Reporting Party

means the party who reports a Reported Incident(s).

Senate

means the University’s Senate.

Student

means any undergraduate or postgraduate student formally registered on a programme of study at the University of Exeter, including postgraduate research students and visiting students.

Supporter

means a person who is there to provide moral support, to support a student in preparing for the meeting, and to support the student with asking and answering questions during the meeting. A student is expected to speak on their own behalf – there is no  automatic  right for a supporter to speak on a student’s behalf, and it is at the IO’s discretion as to whether a supporter is permitted to address a meeting. Should a supporter act outside those actions described, the IO will suspend the meeting and ask the supporter to leave; in the event that the student is unable to continue the meeting without their supporter being present, the meeting will continue in the student’s absence based on any documentation provided and any verbal representations received up to that point.

University

means the University of Exeter.

UEB

means University Executive Board.

1. Where concerns are raised by a student (in their capacity as a student) against a staff member then the provisions at clauses 2 to 7 above will apply (Support, monitoring, reporting and Case Management Conference (CMC)):

1.1 Where it is decided that a CMC is necessary then this will also include the HR Casework Manager and/or Legal Counsel - Employment

2. Investigation of a Report

2.1 Where the CMC determines that a reported incident should be investigated, the case will be referred into the HR Casework team and the HR Casework Manager will commission an investigation under the University’s staff disciplinary procedure by a trained Investigating Officer (IO).

2.2 The reporting party will be asked to co-operate with the investigation and attend a meeting with the IO. The student can be accompanied by a supporter to this meeting.

2.3 The IO will prepare a report into their investigation, including recommendations for the next steps which could include no action, informal action or a recommendation that the matter be considered at a disciplinary hearing. Following receipt of the report a further CMC will be convened to consider the recommendations of the IO and agree next steps.

2.4 Due to issues of confidentiality a reporting party not be entitled to a copy of the investigation report. They will, however, be informed if the report, including copies of the formal report, notes of meetings with students and witnesses, including the reporting party, are to be used as the basis for any subsequent HR procedure to be carried out.

2.5 The reporting party will be provided with an outcome following the investigation that sets out:-

  • What steps were taken to investigate the report
  • A summary or high-level description of the evidence made available to the decision-maker(s), or a copy of that evidence;
  • Who made the decision(s); and, if applicable:
  • Any recommendations relevant to the reporting party

2.6 Under the staff disciplinary procedure, the IO is only responsible for making recommendations. It is for a disciplinary panel to determine the outcome. Where the investigation does result in further action being taken against the staff member the reporting party will not be entitled to be informed of the outcome of any hearing(s) under the staff disciplinary procedure but they will be informed:

  • when the matter is concluded
  • What measures may be put in place to prevent the issue that led to the conduct happening again;
  • If the behaviour is found to have had an adverse impact on the reporting party, a remedy for that impact

3. Right of Appeal

3.1 Staff have the right of appeal and should any such appeal change the information previously provided (re measures etc) then the Reporting Party will be informed of any changes e.g. to the measures applied.

3.2 Following the conclusion of the staff disciplinary procedure the provisions at 11 and 12 above will apply, right to request a review, complain to the OIA.

3.3 The Reporting Party will remain entitled to support which may be accessed via the Student Cases team and/or the student Wellbeing Services.

3.4 The Reporting Party will be notified of their outcome via Student Cases.