Full procedure
1.1 General Principles
1.1.1 The procedure below applies where the individual who is the subject of a report – referred to as the reported student - is a registered student at the University.
1.1.2 At any stage in the procedure, appropriate interventions such as fact-finding or non-adversarial discussions, with the aim of facilitating resolution of the issue, may be undertaken; these informal approaches are encouraged where appropriate.
1.1.3 There is an expectation that every effort will be made by the parties involved to resolve reports of harassment, bullying and hate incidents through informal procedures, where this is appropriate. However, in some circumstances where there are disclosure which are of particular concern, the University may choose to take formal action.
1.2 Right to be accompanied
1.2.1 At any hearing, a student may be accompanied by one of either a registered student or employee of the University, or (if an undergraduate) the Academic and Welfare Coordinator or other similar sabbatical officer of YUSU, or (if a postgraduate) the Representation, Advice or Welfare Coordinator or other similar officer or staff member of GSA.
1.2.2 The accompanying person (listed above) cannot represent the student or attend if the student is not present in person, or be a co-accused or witness to any alleged offence.
1.2.3 If a student requests support from someone other than a member of the University or those listed above, the request will be considered by the investigating officer, and permission may be given.
1.3 Movement between procedures
1.3.1 If a report falls within more than one University procedure (whether apparent at the outset or becoming apparent during the investigation) the University will decide how best it can be dealt with, fairly and proportionately.
1.3.2 It may be appropriate for there to be either parallel or sequential investigations to avoid duplication or potentially conflicting decisions. Those involved will be informed of the reasons for the movement between procedures.
1.4 Support
1.4.1 All parties may seek support.
2. Informal procedures
2.1 Taking personal Action
2.1.1 If an individual student feels that they have been, or are being subjected to harassment, bullying or a hate incident by another student(s) , they may feel able to take action on their own to make the reported student aware of the effect of the behaviour on them and how they may be able to amend it; this is encouraged where it is appropriate and safe to do so.
2.1.2 In some cases, the reported student has been made may be unaware that their behaviour is having a detrimental impact on another individual or individuals. This is worth considering as it may be a fairly straightforward matter to point out to them what it is that has caused offence or has been interpreted in a particular way and that may be sufficient to prevent a recurrence.
2.1.3 In many situations, taking personal action can be the most effective and relatively simple way to raise concerns and resolve issues. However, an individual should not feel obliged to raise concerns in this way and should be made aware of the other available options.
2.1.4 An individual may feel able to have a conversation with, or write to, the other person and explain, as clearly as possible, what it is that they consider to be unacceptable about the behaviour and suggest to them how they may be able to amend it.
2.2 Involving an appropriate member of staff
2.2.1 If the individual has not been able to resolve the issue through a personal approach – or does not wish to follow this route - but still wishes to seek informal resolution, they should approach the following to support them in achieving a resolution:
Their college manager - if the incident or behaviour has occurred within their accommodation, college or social environment.
An appropriate academic supervisor or departmental contact -if the incident or behaviour has occurred during a lecture, seminar or associated academic environment, which has / is having an impact on academic activities.
2.2.2 The reporting party should provide details to their college manager or academic supervisor/departmental contact regarding the incident(s) of alleged harassment,bullying or hate incident.
2.2.3 In all cases of receiving an informal report, the college manager or academic supervisor/departmental contact may seek advice and support from Student Life and Wellbeing team or the Equality and Diversity Office, and will work with the reporting party to seek to facilitate an informal resolution to the matter.
2.2.4 The college manager or academic supervisor/departmental contact will consult with the reporting party to decide how to progress it and this will be done in a sensitive and appropriate manner. Bear in mind that the reported student may not be aware of the impact their behaviour is having.
2.2.5 The college manager or departmental staff member or college manager will take account of the wider implications of any report. For example, they will consider whether the report may be part of a more systemic pattern of behaviour, one which has been reported previously.
2.2.6 The college manager / departmental contact may decide on a number of actions depending on the nature of the report which may include:
- Brief fact-finding in order to establish the nature of the situation,
- Making recommendations as to how the student making the report may resolve the issue themselves (if they have not considered taking personal action in the first instance),
- Facilitating a conversation between parties to encourage respectful, open and constructive communication,
- Negotiating agreed standards of behaviour between the parties involved,
- Communications to all parties group in order to reinforce appropriate policies, procedures or broad expectations the University has around conduct and institutional values,
- Negotiating a way forward between the parties, for example, facilitating – where appropriate – an apology and/or a commitment not to repeat the behaviour,
- Referring the matter to the formal procedures under Regulation 7 in cases where the informal procedures have not provided a satisfactory outcome, or where the matter requires a more formal approach.
2.2.7 If informal action does not succeed in resolving the report, or would not be appropriate given the seriousness of the report, the University may consider whether 1 or more of its procedures may be appropriate for it to be referred to (below).
3. Formal Approach
3.1 Report and Support
3.1.1 A student may wish to make a formal report directly, using Report and Support, the University’s online mechanism for reporting serious misconduct including harassment, hate crime and sexual violence.
3.1.2 If a formal report is received through Report and Support, an appropriate staff member will make contact to establish what steps have been taken so far, including establishing whether the informal procedure has been attempted in the first instance, if appropriate.
3.2 Invoking Student Discipline procedures
3.2.2 In cases which are referred to Regulation 7: Student Discipline, a formal investigation will be carried out by an authorised member of staff, who has not had involvement in the informal procedures.
3.2.3 Information gathered as part of the informal fact finding process, may be used as part of a formal investigation under Regulation 7: Student Discipline, to avoid duplication of process as far as possible.
3.2.4 The decisions will be based on the rules of natural justice and the balance of evidence, and may take into consideration accounts of witnesses, or any other evidence available.
3.2.5 Under Regulation 7, a finding will be made as to whether a student’s behaviour has constituted student misconduct, and if a case is found, sanctions may be applied, including but not limited to financial fines, restorative solutions, and suspension or termination of studies.
4. Appeals
4.1 Where a reported student wishes to contest a decision made following a formal investigation, a written appeal can be submitted within fourteen days of the date of the decision, as identified within the Regulation 7 process.