2. Principles

Principles

2.1 Terminology

Reports about the behaviour of students may be received from a variety of sources including fellow students, members of staff, or members of the public. To ensure consistency, the person making the report will be referred to throughout the process as the Reporting Person. The student they are reporting will be referred to as the Reported Student.

The person making decisions on cases will be referred to throughout as the Conduct Adjudicator. This will normally be the Associate Director of Student Policy, Casework and Compliance (or nominee).

2.2 Purpose

These regulations and procedures are designed to:

• Address and evaluate allegations of misconduct as defined in section 1.2.
• Provide clear guidelines on reporting misconduct and the process for reviewing allegations.
• Define the potential outcomes and sanctions applicable when misconduct is confirmed.
• Outline the available avenues for challenging a decision.
  
  
  

2.3 Scope

These Regulations and Procedures apply to:

• Anyone currently enrolled on a course delivered by the university, including those on a Break in Study.
• Those no longer enrolled on a course, but where the procedures had started before they withdrew.

These Regulations and Procedures do not apply to:

• Applicants to the university.
• Former students (unless for exceptional reasons we decide to investigate an allegation of misconduct that occurred whilst a student).
• The conduct of university staff towards students. This is addressed in the Student Complaints Procedure. Where a report has been made against someone who is both a student and staff member at the University, the Director of Registry Services (or nominee) shall decide which procedure is most appropriate.
• A concern about behaviour of staff at a placement provider. Advice and help to engage with the provider's policies can be given where appropriate, we are, however, unable to investigate allegations made against staff employed at external organisations.
• Concerns about professional suitability of students on health, social care or education courses. This is normally dealt with under the Fitness to Practise Regulations. Where the alleged misconduct of a student on a professional course is dealt with under this Regulation and it is found that misconduct has occurred, the outcome of the case will also be considered under the Fitness to Practise Regulation.
• Academic misconduct – this is dealt with under the Academic Conduct Regulation.
  
  

It is within the university's judgment as to whether a concern is within the scope of this procedure.

2.4 Values

When considering concerns, investigators and adjudicators will be guided by the following:

2.5 Support

Support will be available to students engaged in these procedures, acknowledging that the experience may be challenging. Relevant services will be informed to ensure appropriate responses and communication will normally include signposting to University support resources available such as those provided by Student Support Advisers and Student Wellbeing Service.

Independent advice can be sought from the Students' Union Advice Centre.

Both reporting and reported students can bring someone to support them during any meetings held under this process. This may be a friend, a family member, a support worker, or a member of staff from the Students' Union Advice Service. This person should not be a witness or involved in the incident, nor should they be Legal representation (see section 2.11). This supporter will not normally speak on the student’s behalf or contribute materially to the investigative procedure. If the supporting person acts outside of these parameters the meeting can be suspended, and the person will be asked to leave. 

The name and position of any accompanying person must be given in advance of a meeting in line with the timescales stipulated in the meeting request. The University reserves the right to refuse to permit attendance of the person you choose where there is good reason e.g. there is a conflict of interest or there is a risk to confidentiality. 

It is the responsibility of the student to arrange and inform their chosen support of the meeting details. 

2.6 Third-Party reports

We expect allegations of misconduct to be submitted by persons directly affected by the reported behaviour. Reports submitted by third parties acting on behalf of a Reporting Person will not be considered unless a valid explanation is provided as to why that person cannot reasonably be expected to engage with the process. Decisions will be made on a case-by-case basis by the Conduct Adjudicator. This does not prevent students accessing university support services.

2.7 Anonymous reports

Reports submitted anonymously will not be considered unless there is a compelling reason why the reporter must remain anonymous. In such cases, factors such as the seriousness of the allegation and the likelihood of being able to conduct a fair investigation will also be assessed. Decisions will be made on a case-by-case basis by the Conduct Adjudicator.

2.8 Disclosure of Outcomes

The extent to which we can disclose outcomes of cases to Reporting Persons will be determined on a case-by-case basis taking account of data protection legislation and higher education regulatory requirements. Decisions on the information that can be shared will be made by the Conduct Adjudicator in consultation with the Data Protection Officer (DPO). The Reported Student will be informed of this before any information is shared.

2.9 Decisions

Decisions on misconduct will be made by the Conduct Adjudicator (see section 4) or the Conduct Panel (see section 5).

Decisions are based on the evidence available and the balance of probability, i.e. that it is more likely than not that the alleged misconduct occurred and accept the explanation most likely to be true. 

When reviewing a case, considerations will include the nature of the incident, its impact, available evidence, mitigating factors, any previous reports and patterns of behaviour.

The university does not use a criminal standard of proof, and any judgment reached does not constitute a legal ruling on whether criminal activity has taken place.

Nothing within these Regulations prevents any member of staff from taking reasonable emergency action to prevent, stop, minimise, or otherwise control a student’s conduct if the member of staff decides it is likely to cause immediate harm to others, disrupt the proper functioning of the university, or cause immediate damage to property. Reasonable action may include requiring any student to withdraw from any room or area, to cease to take part in any activity or to not have/make unreasonable contact with/about another individual. 

The Conduct Adjudicator can suspend or terminate procedures where students are behaving unreasonably e.g. by behaving aggressively, making unreasonable demands, not complying with reasonable requests. The reason will be communicated to the student accordingly.

2.10 Timescales

The university aims to complete consideration of an allegation of misconduct and any associated review within 45  working days - where all parties cooperate with the process in a timely way. This may be extended if there is an ongoing police investigation or criminal proceedings (see section 2.12).

Students will be updated as appropriate on the progress of the investigation.

2.11 Legal Representation

Our internal processes do not seek to imitate the legal justice system. As such, it is our position that professional legal representation is not necessary for anyone at any point of the conduct procedure.  

If it is believed the concern is complex and that representation from a member of the legal profession is necessary, you must request permission in writing via studentconduct@shu.ac.uk stating the reasons why. The Associate Director of Student Policy, Casework and Compliance, or nominee, will decide on all requests. 

If your request is accepted, the University will not adjust its normal timescales or meeting dates to accommodate this as the University considers it has a reasonable duty to avoid undue delay. The University will not reimburse students who opt to engage legal representation.

2.12 Criminal Offences and Police Involvement

Students are expected to disclose immediately to the University, via studentconduct@shu.ac.uk if charged with, and/or convicted of, a criminal offence.   

It is important that, if the person reporting alleged misconduct believes the matter is an offence under criminal law, that this is reported to the Police. University procedures are not an alternative or substitute for a police investigation or criminal proceedings and the university cannot determine or prove whether a crime has or has not occurred. Instead, it seeks to establish whether misconduct has occurred as defined in section 1.2. If a student initially decides not to involve the police, they can decide to change their mind later and ask for the police to take action. 

Where there is a criminal investigation pending or ongoing, the university will normally suspend any investigatory or disciplinary action under these procedures so as not to interfere with the police investigation. Precautionary measures may be taken (see section 3.8).  

When key decisions are made, e.g. a charging decision, conclusion of the criminal investigation or conclusion of any associated court case, the University will review whether to proceed with any investigatory or disciplinary action under these procedures. 

If a student receives a custodial sentence, then the enrolment contract may be suspended or cancelled.

In exceptional circumstances, if the University becomes aware of a potential criminal offence, it may have a statutory obligation to report the matter to an external organisation, e.g. suspected terrorist activity or a safeguarding concern.  

Where criminal proceedings have resulted in conviction or acceptance of a Police caution for a criminal offence, the conviction will be taken as conclusive evidence that the behaviour has occurred and will be open to challenge only to the extent that the student disputes that they were the person convicted. Any imposed sanction shall be taken into consideration in determining the action and outcome under these procedures. 

Where a student is acquitted of a criminal offence, or where the police or Crown Prosecution Service decide to take no further action, the University may still act under these procedures.