Student misconduct investigation process

What happens during a student misconduct investigation 

During a misconduct investigation, an investigator will gather evidence from those involved, including the reporting student, reported student, and witnesses.

They do this in order to determine whether there is sufficient evidence, on the balance of probabilities, to show that the misconduct reported occurred. If so, they will make recommendations about appropriate penalties, or make a referral to a discipline hearing.

You provide a statement and supporting evidence 

You will be invited to meet with an investigator to give a full statement, together with sharing any supporting evidence (for example screenshots, messages or social media posts) and identifying any potential further witnesses in order that the investigator may consider whether to request a statement from them. It is important that you don’t bring any potential witnesses with you to this meeting, as we would not want to undermine any evidence they may provide at a later time. 

Our investigators are trained in taking a trauma-informed approach and skilled in taking statements from individuals, including in instances where the individual has experienced harassment and/or sexual misconduct. If you have a preference for the gender of the investigator, while we cannot guarantee your preference we will do our best to accommodate this. 

The investigator will gather any available additional evidence, which may involve contacting witnesses. Reports of misconduct in (or related to) University accommodation will initially be considered by Accommodation and Commercial Services. 

Further information can be found on our Residence Life led resolutions page.

The investigator interviews the student(s) reported for misconduct 

The student(s) reported for misconduct will be made aware of the report and the investigation, and evidence in support of the report against them will be shared with them. They will be asked to respect the confidentiality of the disciplinary process and not to make contact with you. 

They’ll be interviewed and given the opportunity to respond to your report and to give a statement. They’re also able to provide supporting evidence (eg screenshots) and identify further potential witnesses. Their statement will not be shared with you or any of the witnesses.

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 the reported student.
2. If the reported student accepts 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 the student’s 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 their behaviour, for example in relation to alcohol or understanding consent.

3. If the reported student does not accept the misconduct reported , and/or the misconduct is considered more serious, they may be referred to a student discipline hearing, details of which are below.

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. 

Student discipline hearing

A discipline hearing will consider your report of misconduct and all the evidence that has been gathered, including the statements provided by you, the reported student and any witnesses, along with any supporting evidence.  

This evidence will be shared with the reported student and their representative if they choose to have one, and others directly involved in the hearing such as the Discipline Panel and those supporting the process, but it will not be shared with you or any other witnesses. All those involved, including the reported student, will be asked to respect the confidentiality of the hearing. 

You and any witnesses may be asked to attend the hearing to answer questions. We’ll work with you to put in place arrangements to help you feel comfortable doing this, such as attending via video link and ensuring that all questions are approved and asked by the chair of the hearing (not the reported student).

The reported student will be encouraged to attend the hearing and they will have the opportunity to admit or deny the report of misconduct, give their response to the report and to be represented at the hearing. 

All of the evidence presented as part of the disciplinary process will be considered and a decision will be taken by the panel  on the balance of probabilities whether there is sufficient evidence to show that it is more likely than not that misconduct has taken place. It is possible for the hearing to find that the misconduct has not occurred, despite the investigator’s initial recommendations.

Possible outcomes following a discipline 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 against the reported party.

If 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 the student’s 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 their behaviour, for example in relation to alcohol use or understanding of sexual consent, racism or misogyny.
• Suspension for a specified period of time.
• Expulsion from the University.

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.
• there is a need to avoid examination or assessment periods.

You’ll be notified in writing of the outcome of the hearing.

Appealing an outcome

The reported student will have a right of appeal against the decision of the hearing and any appeal would 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. 

We will let you know if we receive an appeal from the reported student, and you will be notified in writing of the outcome of the appeal hearing.

It should take six weeks from the submission of an 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. 

As the reporting student, you are considered a witness for the purpose of the discipline proceedings,  and cannot appeal the outcome of the disciplinary process. However, you may be able to make a complaint under the University’s Student Complaints Procedure if you have concerns about how your report has been handled. 

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

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.  

We understand that you may want to discuss your experience with family and friends in order to seek support, but it is important that no action is taken which could be viewed as intimidation or harassment of the reported student for example in person, using social media or via third parties. 

If you or the reported 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 can find detailed information about our student discipline procedure in the University’s Regulations Relating to the Discipline of Students. 

Sharing outcomes with the reporting party

In accordance with our Student Disciplinary Regulations, where it is reasonable and practicable to do so in accordance with its duties and obligations under data protection legislation, the University will:

• inform students  (the ‘reporting student’) who raise an allegation of harassment or sexual misconduct against another student about the outcome of the investigation and any hearing ; and/or
• provide the reporting student with an explanation of any actions taken by the University.

This commitment also applies if the outcome changes for any reason, for example as the outcome of an appeal.

The information we can provide may be limited depending on the circumstances. 

How is a University investigation 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.