Support and guidance for students accused of misconduct

Overview

As members of our student community, we all have a responsibility to consider the impact of our behaviour on others. Anyone who feels harassed, intimidated or harmed by another person’s behaviour has the right to challenge that behaviour and to ask for it to be addressed. This may lead them to report the behaviour to the University. 

When we receive a report of unwanted behaviour,  we will assess the report and determine an  appropriate response, for example an alternative resolution or investigation in line with the University's Regulations relating to the Discipline of Students.  

We know that it can be difficult and stressful to be accused of harassment or sexual misconduct behaviour and this page sets out the support and guidance that is available to you as a reported party.

If you're a staff member who’s been accused of harassment and/or sexual misconduct you can find further information here.

What to do if someone views your behaviour as unacceptable 

If you’re told that a person views your behaviour as unacceptable, we encourage you to:

• Not panic or take action that you may later regret. Irrespective of whether you think you have acted rightly or wrongly, it is always best to take advice first and act second.
• Not try to contact the person/s who has made a report about you. Contacting someone after they raise concerns about your behaviour could be seen as intimidating or retaliatory, even if this isn’t your intention.
• Limit making comments about the matter to other friends or house/classmates or on social media.
• Listen to the particular concerns expressed. It’s good practice to take time to reflect on the other person’s perception of your behaviour. Even if you feel that your behaviour was well-intentioned, your words or actions may have hurt or caused distress to another person. Can you use this situation as an opportunity for learning, or changing your behaviour?
• Ensure that your understanding of the Student Code of Conduct is up to date.

Further information about the alternative resolutions process and disciplinary investigations can be found below. If the misconduct took place in (or was related to) University residences, the Residence Life Conduct team would usually lead on any resolutions. Refer to Residence Life led resolutions.

Accessing support 

If you’ve been accused of something, you may feel scared, ashamed, alone or trapped, or in shock. These feelings can be hard to manage on your own. Support is available if you need to talk to someone.

The Safeguarding and Welfare team can provide practical support and guidance to help you deal with welfare issues. The team can help with:

• concerns related to your academic studies
• concerns around harassment or bullying you might be experiencing as a result of the allegations
• help with accessing financial support or housing issues
• facilitating  police liaison in relation to an investigation

To contact the team, use their online enquiry form.

Residence Life can provide practical support and guidance if you live in University accommodation. This can be concerns related to your academic studies, harassment or bullying you might be experiencing as a result of the allegations, or facilitating liaison about ongoing investigations. They can also help with concerns relating to your accommodation or other residents. 

Residence Life will work with colleagues in Accommodation or the wider University to provide support and guidance, or signpost to appropriate services. Contact the team or request an appointment with a support manager by emailing residentsupport@sheffield.ac.uk.

The Student Wellbeing Service offers practical and emotional support to students experiencing challenging situations. They provide one-to-one sessions to help you make sense of what you’re experiencing and to better manage your wellbeing. 

Book an appointment with a wellbeing adviser

Academic school

If your studies are being affected by your circumstances, you may want to reach out to staff in your academic school to let them know what has happened and to access academic advice and support, for example information about submitting extenuating circumstances or taking a Leave of Absence. The Safeguarding and Welfare team (or Residence Life if you live in University accommodation) can also support you with this.

Student Advice Centre (Students’ Union)

The Student Advice Centre in the Students’ Union is independent of the University. An advisor can talk you through the University’s discipline procedures and support you through the disciplinary process. You can email advice@sheffield.ac.uk to seek support and arrange an appointment with an adviser. 

External support

If you are subject to a police investigation you should seek independent legal advice.  The University is not able to provide legal advice to students

The Samaritans provide a non-judgemental listening based service that you can call free from any phone on 116 123.

Managing ongoing contact with the reporting party

The Risk Assessment Panel convenes where a risk to students, the University community, members of the public and/or the interests of the University has been identified, relating specifically to statutory safeguarding, the Prevent Duty and/or student conduct. The Risk Assessment Panel will normally meet when a report of serious misconduct has been made in order to assess any risk associated with the report.

It is very important that you comply with any precautionary measures that are put in place. Any breach of these measures could be considered an aggravating factor in an investigation and could lead to further disciplinary action.

What happens when something is reported? 

When a report is made by a student against another student, the report is considered by staff from Student Conduct and Appeals, Student Experience Diversity and Inclusion and where relevant Residence Life. They review the report and advise on what they believe to be the best route for resolution. This could be:

•  an investigation under the Student Discipline Regulations, or;
• one of the alternative resolution options we have available. 

They will also advise if the University is unable to take any further action under these procedures, and will explain why. 

Alternative resolutions

If the University decides that the most appropriate way to respond to the report that has been made against you is through an alternative resolution, you will be contacted by the Student Experience Diversity and Inclusion team. They will provide details of the resolution that has been recommended and ask you to attend a meeting with them. 

Alternative resolutions focus on impact and understanding rather than evidence and  judgement.

We won’t collect evidence or come to decisions about who’s responsible for the behaviour. Instead, we seek to:  

• understand the impact your behaviour has had on others
• address challenging situations between you and another student(s)
• offer an opportunity for you to gain a  greater understanding of others’ perspectives and experiences
• Provide an opportunity to learn more about the issues identified in the report made against you and to reflect on your behaviour (for example misogyny, racism or homophobia) 

There are a number of alternative resolutions offered by the University, including;

Messages of Concern meetings

These are reflective discussions led by a member of staff,  which you are expected to participate in. 

The discussion will:

• require you to consider how your actions have directly impacted others and their potential impact on the University community
• Provide information about the University’s  code of conduct and our expectations of your behaviour
• Seek to create an opportunity for you to develop your understanding of the issue that has been reported, for example offensive language, misogyny, or racism)
• Explore how you could reflect on and learn from your behaviour to prevent harm to other students and to avoid further reports being made against you 

This might be used in circumstances that involve one of the following:

• Microaggressions
• harassment
• bullying
• some instances of sexual misconduct and harassment
• inappropriate use of social media

Following a Messages of Concern meeting, we expect you to:

• understand the University’s Student Code of Conduct and expectations of behaviour
• have an understanding of the subject matter the report made about you relates to, for example misogyny, racism or homophobia
• be able to reflect on the impact of your behaviour on others and consider how you can ensure this doesn’t happen in future

Possible outcomes:

• an apology
• an agreement not to repeat the concerning behaviour
• a commitment to not to contact/ approach the reporting party

Harassment resolution

This involves a member of support staff meeting with you and the person(s) who has reported being harassed and exploring the concerns of those involved. Staff may meet with you individually, or together with the other party(s) depending on the circumstances.

They’ll work with you to identify outcomes and agree on actions relating to behaviour to resolve the situation.

They’ll identify outcomes and agreements of behaviour to move forward and avoid further harassment. 

This is typically used for cases of bullying and harassment.

Expected outcomes include:

•  an end to the bullying / harassing behaviour
• identifying a way to move forward without further concerns

Mediation

Mediation provides an opportunity for multiple parties involved in a dispute or misunderstanding to be supported in understanding and exploring the differences that have led to this situation. Meetings will be facilitated by an impartial mediator, who’s role is to support all the disputing parties to reach a mutually agreeable resolution to their conflict.

The mediator would normally meet with each of the parties individually first to ensure that everyone feels equally heard and able to participate in the process. A joint or group session would then be arranged to discuss the concerns raised in the individual meetings and to look for areas of agreement that would support a positive way to move forward.

Mediation is typically used for disputes and misunderstandings between individuals, where there's a need or want to be able to maintain an amicable relationship, for example when students are living together or studying on the same course.

Possible outcomes:

• Identifying and reflecting on behaviours and understanding the impact of these on the different parties
• agreeing  a way forward, focussing on a shared goals and building trust

Student discipline investigation

If the University decides that the most appropriate way to respond to the report that has been made against you, is an investigation in line with the University’s Discipline Regulations, you will be contacted by the Student Conduct and Appeals Team .

During an investigation, you can expect:

• To be informed and kept up to date about the investigation process.
• To be treated fairly, with dignity and respect.
• To be informed of any concern or allegation against you.
• To have the opportunity to provide your account of events, and evidence that you believe is relevant.
• Any decision taken to be unbiased and made by an impartial investigator.
• That decisions will be based on evidence, and an outcome will be reached on the balance of probabilities.
• To have the right to appeal the outcome of the investigation, if you are dissatisfied.

The University expects:

• That you engage with the investigation process
• That you reply promptly when contacted by the University's teams responsible for managing the student discipline and risk assessment procedures
• That you treat members of staff communicating with you with courtesy and respect
• That you adhere to any precautionary measures or risk mitigating actions that are put in place by the University

How you’ll be informed about a University investigation

We will write to you to inform you we're going to investigate a report of misconduct, made against you in line with the Student Discipline Regulations. You will usually be given the name of the individual(s) making the report and asked not to make contact with them. 

Respecting confidentiality and the disciplinary process

Both you and any other students involved will be asked to respect the confidential and personal nature of the discipline process and to retain information provided to you as part of that process sensitively and appropriately. This is to create a safe environment for the investigation to take place, to safeguard all of those participating in the investigation, and to ensure that the investigation is not compromised in any way.  

This means that any information shared with you as a part of the disciplinary process, for example witness statements or extracts, must not be shared other than for the legitimate purpose of seeking advice and support.   It is important that no action is taken which could be viewed as intimidation or harassment of the reporting student or any witnesses for example in person, using social media or via third parties. 

If you or the reporting student considers that harassment or an intimidating or hostile environment has been created, this may be reported to the University for potential disciplinary action.

You are encouraged to seek independent advice and representation throughout the disciplinary process. The Student Advice Centre in the Students’ Union can offer confidential, independent advice.

Investigation process  

An investigator will be appointed to review the available information and gather additional information and evidence. This usually includes a written statement and any supporting evidence (eg screenshots) from the individual making the report and from any witnesses. 

You’ll be provided with a summary of the evidence and required to attend a meeting with the investigator. You may bring a friend, or family member, or adviser/representative to this meeting.

This is your opportunity to:

• Give your response to the report.
• Provide any supporting evidence (eg screenshots).
• Provide details of any potential witnesses to the investigator, in order that they may consider whether to request a statement from them.

The investigator’s role is to gather all of the relevant evidence that would support or contradict the report of misconduct. It is not to determine guilt or innocence, or to take sides. 

Outcome of the investigation  

Once all the relevant evidence has been collected, the investigator will consider, on the balance of probabilities, whether there is sufficient evidence to show that it is more likely than not that misconduct reported occurred, and make recommendations to the University as to an outcome as follows: .  

1.  If it is decided that there is insufficient evidence to show that it is more likely than not that misconduct occurred, the discipline process will end with no further action taken against you.
2. If you accept some or all of the misconduct reported, penalties may be imposed as described in the relevant sections of the Regulations relating to the Discipline of Students, including:

• Requirements of your  future conduct.
• Restrictions or conditions such as not contacting a named individual directly or indirectly or not participating in a specific activity or accessing an area of the University.
• A requirement to undertake a course or engage in support to address your behaviour, for example in relation to understanding consent. 

You’ll be notified of the penalty imposed and also of your right of appeal against the decision should you wish to. 

3. If you do not accept the misconduct reported, and/or the misconduct is considered more serious, you may be referred to a student discipline hearing.

Timescale for investigation

We aim to complete an investigation in six to eight weeks. This may take longer if:

• the investigation is complex;
• the students involved or any witnesses are unavailable;
• there is a need to avoid examination or assessment periods. 

We’ll keep you informed of the progress of the investigation. If the outcome of the investigation is to refer the reported student to a discipline hearing, further timescales will apply (see below).

Student discipline hearing

Before a hearing 

If you’re referred to a Student Discipline Hearing you’ll receive the following information before the hearing:

• notice of the date of the hearing
• discipline charge(s)against you
• available evidence

You’ll be asked to confirm if you admit or deny the charge(s) and you’ll be given the opportunity to provide a written statement should you wish to do so. 

At the hearing

The discipline hearing will consider the charge(s) against you together with all the evidence that has been gathered, including the statements provided by you, the reporting student and any witnesses, along with any supporting evidence.   All those involved will be asked to respect the confidentiality of the process.  

You are expected to attend the hearing. You may bring a friend, or family member, or adviser/representative with you.  

You’ll be given the opportunity to ask questions of any witnesses, including the individual making the report.  All questions will be pre-approved and asked by the chair of the hearing, rather than by you.

You’ll be given the opportunity to respond to the charge(s) and evidence, and you may be asked questions by the chair or the Panel.

If you do not admit the charge(s), all of the evidence will be considered and a decision taken on the balance of probabilities whether there is sufficient evidence to show that it is more likely than not that misconduct has taken place.

Outcome of the hearing

If, on the balance of probabilities,  it is decided that there is insufficient evidence to show that it is more likely than not that misconduct has occurred, the discipline process will end with no further action taken.

If you admit the charge(s) or if you do not admit the charge(s) but the decision is, on the balance of probabilities, that it is more likely than not that misconduct has occurred, the hearing will consider an appropriate penalty.

Penalties may include:

• a formal reprimand
• requirements of your future conduct
• restrictions or conditions, such as not contacting a named individual directly or indirectly, or not participating in a specific activity or accessing an area of the University
• a requirement to undertake a course or engage in support to address your behaviour, for example in relation to  your understanding of sexual consent, racism or misogyny
• suspension for a specified period of time.
• expulsion from the University.

You’ll be given the opportunity to explain what you consider to be an appropriate penalty. You’ll be notified of the penalty imposed and also of your right of appeal against the decision of the hearing should you wish to. 

Timescale for a hearing

It should take six to eight weeks from the outcome of the investigation to the outcome of the hearing. This may take longer if:

• The case is complex.
• The Discipline Chair and/or members of the Discipline Panel, the students involved or any witnesses are unavailable.
• If there is a need to avoid examination or assessment periods.

 We’ll keep you informed of the arrangements for the hearing.

Right to appeal

Should you submit an appeal, this will be considered at a separate appeal hearing.  The appeal hearing can: 

• uphold the original decision/penalty, or it may
• quash or vary the decision/penalty reached or require aspects of the case to be reconsidered. 

Timescale for an appeal hearing

It should take six weeks from the submission of your appeal to a decision being reached at an appeal hearing. This may take longer if:

• The case is complex.
• The Discipline Chair and/or members of the Appeal Panel, the students involved or any witnesses are unavailable.
• There is a need to avoid examination or assessment periods. 

You can find detailed information about our student discipline procedure in the University’s Regulations Relating to the Discipline of Students. You can access this via the University Calendar. 

How a University investigation is different from a police investigation

• A University investigation is not the same as a police investigation or criminal court case and the University does not have the same jurisdiction or investigative powers as the police.
• It is not an investigation of a criminal offence (for example rape, sexual assault, or a hate crime), it is an investigation into a potential breach of the University’s Student Discipline Regulations, for example sexual misconduct, harassment or discrimination.
• The standard of proof used in University investigations and hearings is on the ‘Balance of Probabilities’ not ‘Beyond all Reasonable Doubt’, which is the criminal threshold in the United Kingdom.
• A University disciplinary investigation is more limited than a police investigation, because  forensic analysis and medical examinations aren’t available to us, and the University doesn’t have the same powers as the police, for example being able to compel witnesses to give evidence or searching personal devices.
• The available outcomes of a University disciplinary investigation are also more limited than those available under the criminal process. The University is only able to impose sanctions related to the University environment and  the reported student’s status as a student.