Understanding Harassment and Sexual Misconduct Investigations
UKCBC aims to make students and staff aware of what may happen during a sexual misconduct investigation. This section helps to outline this. A chart is also available to help guide you through the steps that will be followed:
Members of the UKCBC wellbeing and Counselling team remain resolute in helping students through what may be a difficult process.
When a Concern Is Raised
When a complaint or concern is that concerns sexual misconduct is first raised, this will be passed on to either the student or staff misconduct process. In both cases the Head of Student Services will be made aware in order to offer support, to carry out safeguarding assessments and to lead to initial investigation.
Student Sexual Misconduct Investigation Process
During the initial investigation support will be put in place for both the complainant and the identified offender with different staff providing support.
The Safeguarding lead, the Head of Student Services (or a nominated staff member) will lead the investigation to talk through what has happened then speak to the student against whom a complaint has been raised.
Confidentiality cannot be guaranteed during this process if UKCBC needs to inform the Police, the Social Services or other agencies of potential risk or abuse that is taking place. In the event where a disclosure to external agencies is deemed necessary, a prior discussion will be held with the student.
The investigating officer will then decide on a decision at this stage, and this will be sent in writing to all parties involved. The decision may be appealed by the person who made the original complaint. During any meetings, students have the right to be supported by the Student Representative or a supporter.
The investigation panel may refer the allegation to be further investigated by the Casework Office, may refer a criminal offence to the Police (which suspended the internal process) or in some cases an informal account may be reached. The investigation panel may also find that the complaint should not move further in the disciplinary process.
Next Steps with the Student Disciplinary Process
The Head of Student Casework will assess this investigation and review the evidence collected to decide whether to call for a full disciplinary panel. It is possible that they may conduct additional investigative meetings at this stage.
You can see some of the potential outcomes from the investigation above, but the most serious outcomes will require the matter to be discussed at a Disciplinary Panel.
At the hearing the student whom a complaint has been made against will have the right to submit a response to the evidence, call for witnesses and submit evidence of their own. Questions may be asked the victim, but these would be presented after the hearing for the panel to consider responses to.
The person raising the concern would not be asked to attend the panel.
The panel will uphold the allegation or dismiss it. When upholding the allegation, they may consider any of the possible penalties mentioned early on this page.
The accused student will be sent an outline of the outcome within five working days and support following this process will be offered by Student Services.
Staff Sexual Misconduct Investigation Procedure
Investigation
As soon as reasonably possible after being informed of a potential breach of the college disciplinary rules. Either your Line Manager or a member of the HR Team will instigate an impartial investigation. The purpose of this investigation is to obtain the facts. You will be informed of the meeting in writing as soon as possible and this will include:
- When and where the investigation will take place.
- Typically, it will be provided no less than 48 hours’ notice.
- If the breach of the college disciplinary rule constitutes as misconduct or gross misconduct.
You will normally be interviewed as part of this investigation, however occasionally the college, in exceptional circumstances proceed directly to the formal disciplinary.
If as part of the investigation an external from another organisation such as a regulatory body, is required to be a part of the investigation, you will be informed as soon as possible.
During the investigation you have the right to be accompanied by a trade union representative (please note that although they can accompany UKCBC does not recognise trade unions) or a college employee. If it is an external a member of College Management may also be present.
The College also may inform/involve the Police or any other relevant statutory body if necessary/required at the appropriate time of any formal disciplinary procedure.
Suspension
If it is deemed necessary or appropriate you may be suspended from your duties pending the investigation. This would normally take place in the following circumstances:
- There is a significant health and safety or business risk/potential risk.
- Your presence on the workplace may hinder the investigation.
The suspension may take place at the beginning or any time during the investigation depending on the circumstances. If you are suspended this will be done so in writing and will be done as a precautionary measure not as a punishment and will be pending the outcome of the disciplinary.
When suspended your contract of employment will remain in effect, and you will receive your normal rate of pay and usual benefits (if any). During the suspension you will not be allowed on to the college campuses without prior consent and arrangement with your line manager or HR. When suspended, you are required to be available for all meetings and respond to all requests under this procedure. You should also continue to report sickness as usual and request annual leave in accordance with the Colleges procedure.
Disciplinary Meeting/Hearing
Once the facts have been established, if there is reasonable belief that you have committed a breach of the disciplinary rules/ disciplinary offence then you will be invited to a disciplinary meeting. The meeting will be chaired by either your line manager, a member of the HR Team or an external employment law consultant. Again, you have the right to be accompanied by a trade union representative or a college employee.
You will be sent an invite to the disciplinary meeting/hearing in writing which will have the following:
- Time and date of the meeting.
- A copy of the evidence to be considered at the meeting.
You will be provided the opportunity to state your case fully, you should also provide any papers, witness statements that you intend to rely on during the meeting at least 2 working days prior to the meeting/hearing to the person dealing with the Disciplinary. Once informed of the meeting you and your representative must make every effort to attend the meeting/hearing. The meeting will only be rearranged once if you provide a valid reason as to why you and/or your representative are unable to attend.
If the meeting has been rearranged, at least 2 working days’ notice of the rearrange date will be provided.
Your representative is entitled to address the meeting, ask questions, and confer with you quietly but they are not entitled to answer questions on your behalf or address the meeting if you do not wish them to or prevent the employer from explaining the case.
The hearing is held to establish the facts of the situation and decide an appropriate course of action. It will provide you with the opportunity to respond to the issues raised and provide your view of the situation. You should use the opportunity to present your evidence, and any decision will be made on the information available. A member of HR may be present to provide advice on the proceedings when it comes to the misconduct and will be present in the case of gross misconduct. A note taker will also be present in the meetings and a copy of the notes will be sent to you. Covert Recordings are prohibited and if undertaken it will be considered as an act of gross misconduct.
Adjourning the Disciplinary Meeting
An adjournment may take place prior to any decisions being made so that all the information between the hearing and its conclusion. This will allow the facts to be considered and any clarifying to take place or to obtain any further information required. Following this adjournment, should any further investigation be required then the hearing can be re-convened at a future date. If any new information is gathered or clarified, you will be advised on this and will be provided reasonable time to consider the additional data prior to the meeting being reconvened.
Confirmation of the Outcome
Following the adjournment and once the chair is satisfied that all relevant information and evidence gathered has been properly considered, you will be informed of the decision and what if any the disciplinary action will be/ whether the allegation has been upheld or not.
Any decisions/actions will be provided to you verbally in the meeting and then following the meeting in writing along with a copy of the meeting notes. If you do not consider that the notes to be an accurate reflection of what was discussed then you have the right to propose amendments, if the proposed amendments are not agreed your notes they will be added to the record, and you will be advised of your right to appeal the decision.
We will ensure that we do our best prevent any delay in finalising the disciplinary process and that it will be kept to a minimum to avoid any undue stress, and this should not affect the procedure.
Levels of Disciplinary Action
The College reserves the right to take disciplinary action at a level appropriate to the circumstances taking into account the seriousness of the misconduct or poor performance, and impact on the business. All the levels of disciplinary action listed below will only be implemented after applying the above procedure.
Formal warnings
- Written Warning: if after the meeting it is decided that your conduct falls below the college standards you will be informed in writing of the reasons and provided the actions or improvements that you require to make, along with as time scale. This warning will be held on record for 6 months following the date of the letter and failure to meet the requirements/ improvements within this timeframe may lead to further misconduct.
- Final Written Warning: this level of warning will be implemented where the chair of the disciplinary decides based on the facts/ evidence presented, if the improvements details in the previous warning have not been met within the timescale, further misconduct or poor performance takes place during a current warning, whether or not involving a repetition of conduct or poor performance which was the subject of a previous warning; or the seriousness of the misconduct or poor performance merits it. You will be informed in writing of the disciplinary of the reasons, improvement or actions you are required to make, the timescale for implementing such actions, the consequences of failing to make the necessary improvements or of further misconduct, when the warning will cease to have effect (normally after 12 months, but this may be varied), and the right of appeal.
Dismissal
Dismissal will take place following a meeting where it has been confirmed that the required improvements have not been met within the timescale stated in a Final warning, further misconduct or poor performance has taken place during the 12months of receiving a second warning, if you repeat the conduct or poor performance which was the subject of a previous warning or if it is reasonable belief that an act of gross misconduct.
In the cases of repeat misconduct, the college may dismiss you with notice or payment in Lieu.
In cases where it is has been concluded that gross misconduct has occurred the college may Summarily dismiss you without notice or payment in lieu of notice.
The decision to dismiss will be taken at a senior level. The college will confirm the decision to dismiss in writing to you, again explaining the nature of the misconduct/ gross misconduct and highlighting the right to appeal for the dismissal.
Alternatives to Dismissal
Where Gross misconduct has taken place, it may not always result in dismissal depending on the circumstances of the case and any potential mitigating factors, in these circumstances the College may issue one of the following:
- Monetary payments for any damages caused by you.
- Final Written warning.
- Other appropriate actions that would aid in preventing any repetition of the misconduct.