Investigations
Investigations are a vital part of responding to reports of harassment and sexual misconduct. For both students and staff, it’s important to know that concerns will be taken seriously and investigated in a timely, thorough and transparent manner. Under the OfS E6 regulation, investigations follow clear processes to protect the rights of everyone involved, provide support, and ensure a safe environment. Knowing what to expect during an investigation helps build trust and confidence in the university’s commitment to tackling unacceptable behaviour.
How is something which is reported assessed to decide what should happen next?
For staff complaints, there is a risk assessment process which considers the initial report to help determine what the next steps are. There is a more detailed risk assessment which considers harm, impact, and internal actions such as what support to put in place and what, if any changes are required for the staff member complained about while the investigation takes place.
For students, after your initial report has been triaged and risk assessed by the Duty Assessment and Inclusivity (DAI) Team, your report will be referred to an investigator, who will then contact you to discuss your reporting options . The investigator will make arrangements to meet with you and will support you with your decision as to how you wish for the university to proceed with your report.
They will explain all of your options, whether that is to progress the matter formally or informally through the university discipline process or by making a report to the Police.
How is an allegation assessed as to whether it is a possible criminal matter?
This is based on the individual allegation reported. A decision as to whether something is potentially criminal is not for the university to decide and will be referred to the Police. The University encourages students and staff to report matters to the police and if possible will leave this to be the choice of the complainant. In some circumstances, however the university may refer something to the Police, to ensure the safety of the complainant and the wider university community.
What happens in an investigation?
Staff
An investigating manager will put a plan together to understand what has been reported, who is involved and who they need to see. They will set up meetings with the person making the report and others involved to find out more information. They will ask for and consider any other relevant information/ evidence which may be things such as emails, CCTV.
Once they have considered all relevant information, they will write a report which states the facts of the situation.
Student
An authorised officer will devise an investigation plan and complete necessary risk assessments to support safe and timely enquires to be commenced. Lines of enquiry into the allegation can include but are not limited to the obtaining of witness statements, respondent interviews/ meetings and the recovery of other available evidence e.g. social media screenshots, CCTV.
Once all enquiries have been completed, as deemed proportionate by the authorised officer, the evidence will be reviewed, and an outcome will be decided.
Is there flexibility to accommodate different requirements of the diverse student and staff within the investigation process?
Yes. The investigation process will be respectful of cultural differences and the investigating manager or authorised officer will ask what would be supportive for the individuals' involved to enable them to participate.
If the allegation is also being investigated by the police what does this mean?
The university may continue its own internal investigation so that the police process does not delay the university investigation. This is more likely in staff investigations. However, there are times where the university may need to put their investigation on hold to allow the police investigation to conclude.
If I am the investigator, what support can I access?
The University is committed to ensuring staff are supported and provide several support options for those conducting investigations. These include emotional and wellbeing support from our Employee Assistance Provider, Occupational Health, and trauma informed supervision.
For investigating managers HR colleagues will be advising you throughout staff situations and can help you identify what support you may need.
For authorised officers, Security Managers will be reviewing the progress of the investigation periodically, providing an opportunity to check in and identify any additional support needed.
Who gets to know about the investigation?
Staff
Only those who need to know which are likely to be the investigating manager, the HR advisor supporting them (for staff complaints), the person who makes the decision about whether there is a case to answer and the panel who decides the outcome of the case.
The university will limit the number of people who are informed about the investigation based on their ‘need to know.’
Students
The authorised officer will ensure that discretion is exercised, that only those who need to know, are formally made aware of the investigation, this may include your School or Hall Warden. Often these persons are made aware to ensure that all parties are fully supported and to facilitate enquiries by the preservation of evidence. Depending on the outcome of the investigation, further persons may be made aware, for example registry and student discipline panel members. We do not inform parents/ or named trusted persons, unless there is a safeguarding concern or if you explicitly request that they are informed.
Who will investigate and how are they trained?
A colleague from the security team where the situation involves only students.
A manager from either professional services (G7-9) or from our academic leadership community (G8-9) who will be supported by a HR partner.
The HR and security team are trained in investigation planning and techniques and will coach anyone else involved.
What happens if I don’t want any action to be taken such as a formal investigation?
If possible, the university will agree to your wishes however there may be times when what you report or what is reported that involves you, is so serious that the university has to take action. If this is the case, you will be kept informed.
Does the university investigation result in a decision about whether criminal activity has occurred?
No, the only groups who can decide this are the Police and Crown Prosecution Service.
How long will an investigation take?
It is difficult to provide a precise duration for all investigations because each will be different. The University will provide updates throughout the process and aims to complete investigations as quickly as possible to reduce the impact and uncertainty an investigation can bring about.
Who decides what happens next once the investigation is completed?
Students
The investigation case papers will be considered by the Chief Operating Officer to determine, on the balance of probability, whether a breach has occurred and what the appropriate sanction should be. In some cases, this may be referred to a Student Discipline Panel.
Staff
The investigation report will be shared with a senior manager to decide if there is a case to answer or not. The senior manager is usually the person who will be the chair of the discipline process.
If the investigation decision decides there is not a case to answer what happens?
Staff
The complainant will be updated and the reason why the decision has been made shared with them. Any other involved parties will be informed of the end of the investigation. There may be learning from the investigation which will be considered and the best way to action this will be progressed.
Students
When someone is found to be not in breach, the complainant and respondent will be advised of the outcome and provided with the rationale for the decision that has been reached, and any necessary and appropriate support will be provided. It may be that despite a ‘not in breach’ outcome, some educational intervention might be appropriate. As part of any lessons learnt, the university may also implement wider strategies to help ensure similar issues are prevented from occurring in the future.
Is there any data reporting which the university does following investigations?
Yes. The University will provide reports once per year which will anonymise the data and provide insights into the number of cases, outcomes, and any trends. This will be made available to a range of internal stakeholders and committees and will inform how the university continues to work to provide a safe environment.
Will the person complained about always be dismissed?
Staff
Each investigation will consider what has happened and an outcome which is proportionate to what has been investigated will be decided.
There may be a range of possible outcomes ranging from learning and awareness training to be completed to a formal disciplinary warning. There will be some cases where a person is dismissed based on seriousness of what has happened.
Students
Outcomes are largely dependent on the nature and seriousness of the breach, and the circumstances in which it occurred. Each case is considered individually. There are a range of sanctions from formal written warnings for less serious breaches to suspensions and termination of studies for the most serious.