SUPPORT IF I HAVE BEEN ACCUSED
Being accused or investigated for an alleged breach of the disciplinary policy can be a very distressing and stressful time but there is support available if this happens.
STUDENT WELLBEING SERVICE
The Wellbeing Service can provide you with confidential, emotional support tailored to your circumstances whilst the process is ongoing. This includes;
- Making referrals to other services as needed (for example, to Counselling Service or any other relevant external services);
- Helping you to manage the impact of the circumstances on other areas of your life, for example, by ensuring you have mitigating circumstances in place;
- Supporting your wellbeing and any other issues that may be impacting you as a result of the circumstances (for example, housing or finance).
INDEPENDENT ADVICE
If you are subject to an investigation, you will be referred for independent advice to support you in responding to the allegations.
WHAT HAPPENS WHEN YOU RECEIVE AN ALLEGATION?
When formal allegations are received, the University conducts a risk assessment to determine any precautionary measures that may need to be put in place whilst the case is being considered. Once this is completed, you will be informed of the allegations against you as well as any measures that have been put in place.
WHAT INFORMATION WILL I RECEIVE?
You will be provided with sufficient information in order that you can adequately respond to the allegation(s) being made during the investigation process. Should the case be referred to a disciplinary panel, at that point you will have access to all supporting documents which may include statements and evidence.
WHAT ARE PRECAUTIONARY MEASURES?
Precautionary measures are put in place in order to safeguard you, the reporting student, and the wider university community whilst the investigation is ongoing. They are determined through a risk assessment, which is guided by relevant sector and legal principles. Examples of precautionary measures include;
- Conditions to manage contact with the Reporting Student (for example, a no-contact requirement, which requires prohibiting access to certain places within the University);
- A full or partial suspension;
- Ensuring that arrangements are in place to maintain confidentiality as appropriate.
WHAT HAPPENS DURING AN INVESTIGATION?
An investigator will be appointed and they are responsible for determining the key lines of enquiry dependent on the circumstances of the case. They will contact you to arrange an investigation meeting to gather your account of what happened. 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.
WHAT DOES BALANCE OF PROBABILITIES MEAN?
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.
WHAT HAPPENS AT THE END OF AN INVESTIGATION?
The investigator will write a detailed report outlining their findings. A copy of this report and their findings may be shared with you and the reporting party. The investigator will make recommendations as to next steps, which may include the following;
- Referring the case to a disciplinary panel for further consideration.
- Closing the case, if the evidence does not support a disciplinary referral on the balance of probabilities.
WHAT HAPPENS IF THE CASE IS CLOSED?
This finding means that it has not been possible for the investigator to establish to the evidence threshold (balance of probabilities) that the misconduct is more likely to have happened than not. This means there will be no further action taken. We will ensure that you continue to have support in place for as long as you need it. This may also include continuing recommendations around no-contact with the reporting student for the duration of your studies.
WHAT HAPPENS IF THE CASE IS REFERRED TO A DISCIPLINARY PANEL?
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 will be invited to attend the panel and to give your account to the panel.
WHAT ARE THE POSSIBLE OUTCOMES FROM A DISCIPLINARY PANEL?
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, we will ensure that you 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, 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.