Our approach to Student Misconduct investigations

Understanding the process

When we receive a report of alleged misconduct from staff, students or parties external to the University, an initial assessment of the report is made by the Student Cases Management Group to determine whether the report warrants a full investigation under the Student Misconduct Policy and Procedure. The initial assessment centres on the credibility, relevance and seriousness of the allegations. It may be necessary in some instances for information to be gathered to inform the decision-making process.

Report received

If the initial assessment determines that a formal investigation is required, an independent investigator with the appropriate experience, expertise and independence is appointed. The investigator conducts a thorough and unbiased investigation. The investigation involves gathering evidence, conducting interviews and reviewing relevant documentation.

Assigning an investigator

All of our investigators are trained and are part of a University community of practice to ensure currency of knowledge and understanding around both internal and sector best practices. Wherever possible, an investigator will have no connection to the reporting students’ school or location of where the alleged incident took place.

When seeking investigators for a case, investigators are asked to identify any potential conflicts of interest which may prevent them from investigating a case. We also identify any specific areas of expertise of the investigators to help with case allocation where possible. For example, when it comes to sexual harassment and misconduct, we will only assign an investigator who is suitably experienced and/or trained/qualified to investigate sexual harassment and misconduct cases.

Notifying and rights of responding student(s)

• The responding student(s) are notified of the allegations as soon as reasonably practicable. Practical considerations include considering the welfare of responding students (for example, avoiding notifying them on a Friday afternoon before most University services become unavailable), as well as when sensitive information about the allegation is released, and the commencement of investigation.
• Responding students are provided with an overview of the allegations that have been made, the process and their rights throughout the process, and the potential consequences.
• The University retains an impartial position and has a duty of care to all its students, irrespective of whether they are a reporting or responding student. Responding students are offered, and have access to support from, University services (such as Counselling and Wellbeing) and the Student’s Union (such as the Advice Centre) as appropriate.

Reporter and respondent proximity

At times it may be necessary for us to take action to safeguard all parties involved, which may require decisions being made to ensure parties do not come into contact with each other. In such instances precautionary measures may be put in place whilst an investigation is taking place. Sometimes it may be necessary for one of the parties involved to be temporarily suspended from areas of the campus or the campus itself. Any measures taken in this regard are not an indication of inferred guilt but to ensure both parties are safeguarded during the process.

An example where this approach may be taken is when both the reporting and responding students are in the same tutor group for a course with lots of practical activity or in-person attendance required. We work with our colleagues in schools to find solutions that minimise any negative impact on both reporting and responding students’ academic progress, however our priority is to ensure all parties involved are safeguarded. Any arrangements put in place will be monitored and students are able to request a review in specific circumstances, for example, where access learning materials to support study may be challenging.

Investigation process

The investigator will gather all the relevant evidence and facts during the investigation. This may involve interviewing witnesses, reviewing communications and examining evidence. The principles of confidentiality and objectivity are central to the investigation process and all information and evidence gathered is handled with the utmost integrity.

Once the investigator has concluded their investigation, they will compile a report detailing their findings. The investigator does not determine whether misconduct has occurred but gathers all the necessary information for the case to be reviewed by an independent Student Misconduct Reviewer to determine whether there is a case to answer.

If misconduct is proven to have taken place at a Student Misconduct hearing, we will impose sanctions as outlined within the Student Misconduct Policy and Procedure. These sanctions may range from warnings to expulsion, depending on the severity of the misconduct.

Appeals

In keeping with the principles of fairness, we have an appeals process where parties involved with the process can highlight their dissatisfaction with the investigation outcome. Any appeal will be reviewed by an independent member of the University, ensuring the grounds for appeal are thoroughly considered. Full details of the appeals process can be found on our Student Misconduct Procedure webpage.

Transparency and Continuous Improvement

We are committed to transparency and will publish anonymised data on misconduct cases and outcomes on an annual basis, reflecting our commitment to upholding behavioural and ethical standards.

As part of our ongoing commitment to continual enhancement and improvement of our working practices, regular reviews and updates to the misconduct investigation process are undertaken to ensure we are aligned with and adopt best practices and evolving standards.

Investigator training

All investigators are provided with comprehensive training that covers:

• The investigation process from the initial report to the final outcome, including case studies demonstrating investigations in practice
• Relevant policies and procedures, including our Code of Conduct
• Approaching investigations and investigation interviews where support considerations are required (i.e. making accommodations for disabilities)
• Adopting a trauma-informed approach to investigations
• Self-care strategies for supporting others through trauma