This procedure should be read in line with Section 7 of the Conduct Regulations.
1. Introduction
1.1 The University strongly encourages the resolution of issues informally where it is possible and appropriate to do so. While the University has a role through the Conduct Regulations in investigating allegations of student misconduct, it is not always appropriate or desirable for the University to become involved in disputes between students. The University is however keen to help facilitate positive relationships between all members of the University community.
1.2 In some cases, allegations of misconduct may be relatively minor, and may arise from a misunderstanding, a breakdown in a relationship, or a lack of appreciation of the perspective of the ‘other’ person or party. Often students do not want to go through a lengthy investigation, preferring simply for the behaviours to stop and to be able to focus on their studies. Further, it is frequently the case that students are not aware of the impact of their behaviours on others, and an informal resolution is a way of having constructive conversations to agree a way forward for all parties.
1.3 In these cases, the University is keen to support students to reach a resolution in an informal manner, without instigating the misconduct procedure, (or progressing the misconduct procedure where already commenced and it becomes clear that informal resolution is appropriate), and without determining whether an offence of misconduct has been committed, whilst facilitating a positive outcome.
1.4 In such cases, students will be supported to engage with informal resolution.
1.5 The University may also become aware of, and be concerned about, the behaviour of a student which has the potential to give rise to an allegation of misconduct, but where no allegation of misconduct has yet been received. In such circumstances, the University may determine it appropriate to put in place provision to informally address behaviour on the part of a student which has the potential to constitute an offence of misconduct.
2. Cases Where Behaviour of a Student Has the Potential to Constitute an Offence of Misconduct
2.1 Where the University becomes aware of, and is concerned about the behaviour of a student as set out at section 1.5 above, the Head of Student and Academic Affairs (or nominee) will seek additional information from other relevant departments of the University (e.g. Student Wellbeing, Accommodation) as appropriate.
2.2 The Head of Student and Academic Affairs (or nominee) will review all information and assess whether the most appropriate way to deal with the matter is by way of informal resolution on the basis of reasonableness, fairness and proportionality.
2.3 Where it is determined that informal resolution is appropriate, the student will receive written details of the terms of the Future Conduct Requirement to be applied (in accordance with section 7.2 of the Conduct Regulations) by email to their University email address, within eight working days of the decision being made.
2.4 Where following assessment of all relevant information, it is determined that informal resolution is inappropriate, the University will make a decision as to whether it should take action of its own volition against the relevant student, under section 3.1 of the Conduct Regulations.
3. Cases Where an Allegation of Misconduct Has Been Made
3.1 The Appeals and Complaints Team will review an allegation of misconduct, to assess the nature and seriousness of the allegation, and identify whether the most appropriate way to resolve the matter is by way of informal resolution on the basis of reasonableness, fairness and proportionality.
3.2 Where it is determined that informal resolution is appropriate, both the Reporting Person and the Responding Student will receive written details of the terms of the Future Conduct Requirement (in accordance with section 7.2 of the Conduct Regulations) by email to their University email address, within eight working days of the decision being made.
3.3 Where informal resolution is achieved following receipt of an allegation of misconduct, the matter will be concluded without action being taken under the Conduct Regulations.
3.4 Where it is not possible to resolve the matter informally following receipt of an allegation of misconduct, action will progress under the Conduct Regulations.