If your behaviour has been reported

Information for staff whose behaviour has been reported 

If you are a staff member you may wish to seek support from your Head of Department/Faculty or other professional services. The HR Dignity at Work Policy, information on what happens when your behaviour is reported and the support available to you can be found here. 

Information for students whose behaviour has been reported 

If you are a student who has been accused of inappropriate personal behaviour (physical misconduct, sexual misconduct or abusive behaviour), you may wish to consider the information on this webpage.  

The University does not tolerate inappropriate personal behaviour. However, it will never take formal action under the Student Disciplinary Procedure on the basis of a complaint or report without conducting a full investigation. This will include you knowing the full detail of the complaint and having an opportunity to respond to it. Precautionary action may be taken to ensure a full and proper investigation can be carried out and/or to protect any person while a matter is being dealt with under a procedure. Further information on that can be found here.  

You may find it useful to consider these steps: 

1. Seek advice about the procedure that will be followed 

Regardless of whether you think you have acted rightly or wrongly, don’t panic or take action that you may later regret. Do not contact the reporting person. It is always best to take advice first and act second. 

If someone makes a complaint about you, you will be made aware of the procedure that will be followed. You should familiarise yourself with this procedure. Asking questions about the procedure will never be linked to an assumption of wrongdoing.  

Further information on the relevant procedures can be found below: 

For advice on University procedures, you can speak to your College Tutor, Senior Tutor, or the Student Advice Service. If you have been accused of something that could also be a criminal offence, then you may wish to seek legal advice. 

2. Access support 

As well as getting advice on the procedure, it is important that you consider getting support for your wellbeing. You can be negatively affected by keeping the investigation to yourself. 

At the University you can access support from: 

  • Your College Tutor, Senior Tutor, College Nurse, or another member of the College welfare team 

The University’s policy on Personal Data Handling provides information on how your information will be used. There are limited circumstances where the University is required to share information with the Police and therefore you should ensure you understand the limits of confidentiality.  

The sections below provide further information, including about possible University procedures that may be followed.

In this process, the behaviour itself won’t be investigated. The aim will be a conduct agreement which you and the reporting person follow.  

If a report is made against you, you and your Senior Tutor will be informed in writing of: 

  • the nature of the complaint; 

  • who has made the complaint (other than in exceptional circumstances); and 

  • an outline of the next steps, including your right to have a supporter at any meeting 

You will be asked to meet with a member of staff from OSCCA (the facilitator) to discuss actions to limit contact between yourself and the reporting person. The reporting person will meet separately with the same facilitator.  

The facilitator has the option of suggesting a number of actions, these could include: 

  • no further action 

  • the offer of mediation 

  • your agreement not to enter certain buildings or not to approach the reporting student 

  • a confidential meeting with an independent specialist professional to provide you with support around your sexual behaviour 

  • intermission 

  • referral to the Student Disciplinary Procedure for further consideration 

If you agree to the actions, the outcome of the process is a conduct agreement. If you and/or the reporting student do not agree, the matter can be referred to the Student Disciplinary Procedure.    

A full copy of this Procedure can be found at published_informal_complaint_procedure.pdf

This Procedure may come after an informal process or a reporting student can choose this option from the outset. Within this procedure, you will be informed of the behaviour reported and how it breaches University rules. Your behaviour will be investigated, and as part of this you will be asked to meet with an investigator to provide a full account. You will also be able to provide any related evidence and details of witnesses. You are expected to engage with any requests for information.  The investigator will produce a report.  

A Student Discipline Officer (SDO) will consider the investigator’s report and all evidence and decide whether to:    

  • take no further action;    

  • impose SDO sanctions; or   

  • refer the matter to a Discipline Committee.    

You will receive a copy of the SDO’s decision and the investigation report along with evidence used.   

If your case goes to a Discipline Committee   

A Discipline Committee is made up of a panel of three trained members of the University. Where a decision is to be made as to whether the Student Rules of Behaviour have been breached, you would be expected to attend the meeting of the Discipline Committee.   

  • You can be accompanied by a supporter or a representative, such as your College Tutor.    

  • The panel will consider all information, including statements and responses to questions, and will decide whether a breach is more likely than not to have taken place. Sanctions will be considered in line with the Sanctions Guidance.    

  •  You will be provided with the reasoned decision of the Committee within 5 working days. The full notes of the meeting will be shared with you within 10 working days.    

  • You will have a right to appeal any decision made under this procedure within 10 working days of receiving it.   

For this Procedure, depending on the outcome a typical case can take between three and six months to complete, though very complex cases can take longer.  

A full copy of this Procedure can be found at 2023-10-01_revised_sdf_and_sdp.pdf.

For matters which took place before 1 October 2023, the Procedure is at sdp_-_oct_19.pdf

The University defines these types of behaviour with its Rules of Behaviour under the Student Disciplinary Procedure. The definitions are as follows: 

‘Physical misconduct’ is any unwanted and unreasonable contact. Physical misconduct includes pinching, punching, kicking, slapping, pulling hair, biting, pushing, shoving, using weapons and using items as weapons. 

‘Sexual misconduct’ is any unwanted and unpermitted sexual activity. Sexual activity includes sexual acts, kissing, sharing private sexual materials of another, touching through clothes, showing sexual organs and remarks of a sexual nature. Sexual misconduct can take place in physical or virtual environments. 

‘Abusive behaviour’ is any unwanted behaviour which is reasonably likely to cause harm; or have the effect of violating another’s dignity; or create an intimidating, hostile, degrading, humiliating or offensive environment for that other. It includes threats, abusive comments, the use of or supply of illicit substances, making malicious accusations, repeatedly contacting someone, and abuse that takes place within an intimate relationship. Abusive behaviour can take place in physical or virtual environments. 

While all of the words in the definitions above carry their ordinary meanings, the University has further defined the word ‘unwanted’ as meaning ‘unwelcome’ or ‘uninvited’. It is not necessary for a person to object to the behaviour for it to be unwanted. It has also defined the word ‘unpermitted’ means ‘not permitted’ or ‘unauthorised’. A number of behaviours can indicate where permission has been given, for example, verbal comments or physical actions. Permission for an activity can only be given at the time it is taking place and where the person has the choice to give or not give permission. Where there is disagreement as to whether an activity was unpermitted, the applicable test shall be, taking all circumstances into account, whether a reasonable person would consider the activity was unpermitted.  

You can also find information at Harassment and sexual misconduct | Student Support. 

The University's Rules of Behaviour expect higher standards of behaviour than is required by the law and therefore a breach of the University's rules will not necessarily constitute a criminal offence.  In any case, a decision about whether there has been a breach is made using the University's internal procedures, which work very differently to the criminal justice process.  You can find more information about some related criminal offences here: http://www.cps.gov.uk/legal/p_to_r/rape_and_sexual_offences/consent/. 

The University will never report a matter to the Police unless it is considered that the University Community is at significant risk.  However, if a student believes someone has committed an offence against them, the University will support a student who decides to report it to the Police. 

If you are reported to the Police then normally any connected University or College Procedure will be paused to allow for a police investigation to take place.  Following a police investigation or criminal proceedings, the University or College will consider the most suitable action to take.  

A student may choose to discuss the matter with you directly, rather than reporting the matter to the University or College.  In this circumstance you will need to listen carefully and calmly to what is being said. If you find that you have unintentionally caused offence, or you believe that your words or actions have been misinterpreted or misjudged, then you will need to keep calm in order to try to reach an understanding with the person accusing you. 

Be prepared to consider participating in conciliation or mediation if an attempt is made to resolve the matter informally. If you come to realise that you have harassed another person be ready to change the behaviour causing offence. You may wish to seek support in changing your behaviour in future: the University Counselling Service or other external support may be able to help you. 

If you believe the accusation to be unfounded say so but arrange to seek advice and support, including from your College, as soon as possible, whether the situation is resolved informally or formally.