Formally reporting

To formally report a member of the university community you will need to submit a statement (and any accompanying evidence) about what has happened to your Advice and Response Caseworker in the first instance. Get in touch with a caseworker here.

You will be invited to an initial meeting with a member of staff, who will explain the process and procedure in detail, gather further information to inform any precautionary measures that the University may need to take whilst the investigation is ongoing, and ensure you have access to all available support.

If the responding student is on a professional practise programme such as medicine or dentistry there may be additional “fitness to practise” considerations as these courses lead to a professional qualification overseen by an external body to the university. This would be considered as part of the risk assessment and Advice and Response would work with the School of Medical Sciences to determine any appropriate measures whilst the investigation was ongoing. The investigation would still be conducted centrally as outlined below but at conclusion the findings would be referred back to the school to determine the impact of the findings on the individual’s suitability for professional practise. If you are unsure about reporting, we strongly encourage you to get in touch with a caseworker, who will be able to help you make an informed decision based on your individual circumstances.

When a serious allegation is received, the University will conduct a risk assessment to consider any measures that can be implemented to ensure your safety and wellbeing whilst the investigation is going. For example, in sexual misconduct reports, as a minimum the University would implement a no-contact requirement on the responding party.

The University will appoint a specialist investigator. This may be a member of university staff or an external investigator depending on the nature of the case. Once an investigator is appointed, they will contact you to introduce themselves and explain the next steps in their investigation.

The university takes a trauma-informed approach to formal investigations into allegations of gender-based violence, harassment, and hate. In practice this means that we seek to;

• Minimise the number of times you have to recite you reported experience.

• Offer choice and control wherever possible within the procedure;

• Avoid stereotypical views and myths related to those reporting sexual misconduct/violence;

• Understand the impact of trauma and of trauma responses, informed by the relevant neurobiological research;

• Ensure that those persons conducting investigation meetings with reported and responding parties have specialist training in dealing with persons subjected to the trauma of sexual violence.

The investigator is responsible for determining the key lines of enquiry dependent on the circumstances of the case. It is likely they will want to speak with you in detail about what has happened and you will be invited to an interview. The investigator will identify any relevant lines of enquiry to explore with you, for example, potential witnesses or further evidence such as message screenshots or medical evidence. The investigator will also speak with the responding party and gather any relevant information and evidence from them.

Your Advice and Response caseworker is your dedicated University support contact throughout the process. They will ensure you are supported with all aspects of your case and studies.

The responding party will receive a copy of your statement and any evidence that has been collated throughout the investigation so that they are able to provide their response to this.

The University’s standard of proof is “on the balance of probabilities”. In practice, this means the investigator is looking to determine whether the evidence indicates that the misconduct is more likely to have occurred than not.

The investigator will write a detailed report outlining their findings. A copy of this report and their findings will be shared with you. The investigator will make recommendations as to next steps, which may include the following;

• The investigator may recommend that the case is referred to a disciplinary panel for further consideration.

• The investigator may recommend that they are unable to make a finding on the balance of probabilities.

This finding means that it has not been possible for the investigator to establish to the University’s evidence threshold (balance of probabilities) that the misconduct is more likely to have happened than not. When this happens, the University will ensure that you have continue to have support in place for as long as you need it. This may also include continuing recommendations around no-contact with the responding student for the duration of your studies.

A disciplinary panel will be arranged to consider the case further. The panel will be responsible for deciding whether or not the misconduct is proven and they will receive a copy of all the investigation materials. You may also be invited to attend the panel as a witness. Panel members have received training in trauma-informed approaches and you will get to decide whether or not you want to attend. Your caseworker will discuss this decision in detail with you.

The panel will decide whether or not the misconduct is proven on the balance of probabilities. If the panel are unable to find the misconduct proven on the basis of the available evidence, then the case will be closed. When this happens, the University will ensure that you have continue to have support in place for as long as you need it. This may also include continuing recommendations around no-contact with the responding student for the duration of your studies. If the panel make a finding of misconduct, they will impose a penalty on the responding student. Panels have a range of penalties available to them, which are detailed in the Procedure for Summary Discipline Panels and the Procedure for University Discipline Panels but could include;

• A reprimand and warning about future behaviour.
• A requirement to undertake appropriate training related to the misconduct.
• Exclusion from the University (or part thereof) for a set period (e.g., 12 months)
• Expulsion from the University