3. Reporting Misconduct

Reporting Misconduct

3.1 How to report

If there is concern that behaviour experienced or witnessed is sexual violence, harassment, abuse or a hate crime, then a report should be made to the university via Report and Support. This allows targeted support throughout the procedure and referral to conduct procedures where appropriate.

Other concerns should be reported to studentconduct@shu.ac.uk. Allegations of misconduct relating to the behaviour by a group of students can be reported as a single allegation.

The university will not normally consider third party or anonymous reports. Please refer to sections 2.6 and 2.7.

The University recognises that there may be specific barriers to reporting concerns for students with protected characteristics as defined in the Equality Act. We are committed to removing those barriers and the ways in which we do this include:

• Providing alternative methods to report concerns where a protected characteristic presents a barrier to completing the written Report and Support form.
• Enabling where appropriate a third-party to report the concerns on your behalf where it is unreasonable to expect you to do this yourself.
• Taking advice from relevant services within the University about the context and importance of the concerns raised to ensure we are seeing things from their perspective.
  
  

Please refer to section 2.5 regarding support.

3.2 When to report

It is encouraged and expected that concerns regarding misconduct are raised immediately, and where possible within 3 months of the date of the alleged misconduct, so there is an opportunity to discuss these at an early stage. This prevents matters from becoming more complex and difficult to resolve and could impair the ability of the University to conduct a robust and fair investigation.

We will exercise discretion in determining whether reports of past misconduct can be considered and will request reasons for their submission. The Associate Director of Student Policy, Casework and Compliance (or nominee) will decide if a report should be exceptionally accepted for review. This does not and should not prevent anyone from seeking pastoral support regarding the concern.

3.3 Evidence

Where possible and reasonable it is expected that evidence is provided with the report to support the allegation, e.g. screenshots of messages, relevant emails, social media posts or communication with police or solicitors. Names of other students can be blocked out or redacted who are not involved.

Recordings taken of the reported student without their consent are not considered acceptable evidence.

3.4 Reports made in bad faith

The university has the right to reject a report if it is unreasonable or intended to cause trouble. This includes, but is not limited to:

• Reports that are obsessive, repetitive, or harassing.
• Insisting on pursuing matters with no real basis or demanding unrealistic outcomes.
• Reports made just to cause disruption.
• Repeatedly making reports outside the proper process.
• Failing to respect others' confidentiality during an investigation.
• Continually trying to publicise allegations that have already been resolved or not upheld.

3.5 Consideration of the allegation

The University has the same duties and obligations to all students involved and needs to balance the interests of each student when considering what, if any, action to take.

When a report is made regarding an allegation of misconduct, an initial assessment is made by the Conduct Adjudicator to assess whether the report is eligible to be dealt with under these Regulations and Procedures or referred to another Regulation and/or procedure and/or service. This includes if a third-party or anonymous report can be considered.

3.6 Initial Action

Once established that the report can be dealt with under these Regulations and Procedures, it is decided whether one or more of the following is appropriate.

• No further action to be taken under these procedures.
• No investigation is necessary, but the concern reported should be raised with the reported student.
• A no contact arrangement should be applied (section 3.7).
• Precautionary measures should be applied (section 3.8).
• Any further action should be suspended due to pending or ongoing criminal investigation or legal proceedings so not to interfere with the processes.
• The report should be considered by a Case Review Group where it is clear the Reported student is experiencing mental health difficulties (please see section 3.9).
• The report should be progressed to the investigation stage of the Procedure and an investigator should be appointed (please see section 4).
• The case should be referred straight to a Conduct Panel.

3.7 No contact arrangement

Limiting the chances of contact between students e.g. by moving one student to a different seminar/ study/ group/ placement, arranging specific times for each student to use the library, or advising to block each other on all forms of social media. It is understood that this may feel unreasonable for the Reporting person to take some of the action, but the priority is to provide a safe environment for students to continue studying at the University. Students (and members of the public) are expected to take responsibility for taking appropriate action to address situations, particularly whilst an allegation is being investigated, and the situation is assessed fully.

3.8 Precautionary Measures

Precautionary measures could be:

• Imposing specific conditions such as restricted access to facilities or certain areas e.g. visiting a particular campus or building for a specified period of time.
• Temporary suspension from placement, teaching, assessment, or campus.
• Temporary exclusion from the university, prohibiting university activities, using university facilities and/or entering university grounds or premises.

A temporary suspension or exclusion will be based upon the outcome of a risk assessment and will be authorised by the Chief Operating Officer (or nominee).

Measures will be proportionate to the risks identified, and are not a determination of guilt or conclusion that misconduct has occurred. It is a way of managing risk until a full and proper investigation can be carried out (either by the police or by the University) and/or to safeguard the reported student or others whilst the allegation is being considered.

The reported student shall be informed in writing of the reasons why this action has been necessary, of the specific restrictions enforced and the timescales, and the manner and frequency by which this will be reviewed. Details to request a review of this precautionary measure will also be given. This information may be communicated verbally in the first instance and written confirmation will normally follow in due course.

If there is a change in the student’s circumstances impacting the Precautionary Measures, the student should contact studentconduct@shu.ac.uk.

If a student fails to comply with Precautionary Measures this will be considered misconduct.

Where the reported student is enrolled on a professional course, a recommendation for temporary suspension from placement activity will be considered if the concern could mean there is a potential risk to the wellbeing of patients, service users, clients or other students and staff. The temporary suspension or exclusion would be considered to allow for a thorough investigation of the concern to take place under the Fitness to Practise Regulations rather than these Regulations and Procedures.

3.9 Severe Mental Health Difficulties

Where the reported student is experiencing severe mental health difficulties then a Case Review Group may be convened to advise on whether the Conduct Procedures are appropriate.

The Group will consider the incident, the reported student’s circumstances, whether any mental health difficulties could have contributed towards the incident/behaviour and the support arrangements in place. The reported student may be asked to attend a meeting if appropriate and can seek support as outlined in section 2.5.

The Group will be chaired by the Director of Student Futures and Support or nominee and will include representatives from academic and professional services departments as appropriate. The Case Review group will recommend one of the following:

• Continue to investigate the allegations under the Conduct Regulations where there is no reasonable connection between behaviour and any apparent mental health difficulties.
• Compile a Student Support Action Plan (if one is not already in place) in consultation with the reported student. This may include:

• how the student can be supported how the student can access this support
• the student’s responsibilities to make use of this support and to adhere to the Conduct Regulations
• targets expected to meet with timescales for when the targets should be met and likely implications of not meeting those targets
• clarification on who is responsible for communicating with and acting as the student’s point of contact
• the date at which progress against the plan will be reviewed
• clarification of the circumstances under which disciplinary action may be taken in future
• if the student’s mental health deteriorates or the action plan does not meet the objectives, the student may be referred for consideration under the Supporting your capacity to Study process.
  
  

Where an action plan is already in place Review the case under the Capacity to Study Policy and Procedure.