Students reported for misconduct are referred to as the ‘Respondent’.

A person who has been affected or impacted by the misconduct is known as the ‘Reporting Party’. This is often the person who reported the behaviour.

A witness can also make a report to the University. They are known as the ‘Referring Party’.

If behaviour is reported but it is unclear whether it meets the definition of misconduct, the University will gather more information. This will usually be done by the Student Conduct Team and may include meetings with the Referring Party, Reporting Party and/or Respondent.

What support is available to me during the Student Conduct process?

We are aware that it can be difficult and stressful to be accused of misconduct. The University will not make any assumptions, and you will not be considered responsible for misconduct until any allegations have been fully investigated, and you have been given the opportunity to respond. Details of the support available to you are provided under the Advice and Support section of the Student Conduct Policy and Procedure webpage.

Precautionary Measures

The University will apply precautionary measures to manage risks while processes including Student Conduct are ongoing. Any precautionary measures put in place should mitigate risk and protect the parties involved and the University community. These measures may include a no-contact order between you and the Reporting Party throughout the Student Conduct process. Additional measures such as exclusion from specific premises and suspension may also be applied.

How will I be informed that a report made against me is being investigated?

You will be informed in writing that the University is progressing a formal investigation in line with Regulation 7 using the Student Conduct Procedure. The letter will provide details of:

• the allegations reported against you and their initial categorisation (A, B, or C, with C being the most serious)
• the investigative interview the Student Conduct Team will ask you to attend
• the support available to you and how to access it
• how to request further information to help you prepare for the interview
  
• how the outcome of the case will be determined

If the alleged misconduct has been reported to the police as a possible criminal act and is being investigated by them, the University will place its Student Conduct process on hold until the police investigation has concluded.

What information will be used to make a decision on the case?

Information and evidence you provide during your investigative interview will be considered as part of the investigation. You will also be asked to provide any relevant evidence you want the university to consider. Statements and other information gathered from the Reporting Party and any witnesses will also be considered.

The Student Conduct Team will conclude the investigation by producing an investigation report setting out the relevant information and evidence gathered during the investigation.

The Investigation Report is reviewed to determine one of the following:

• There has been no breach of Regulation 7
  
• There has been a breach of Regulation 7 by the Respondent, confirmed as Category A or B, and what sanction will be applied as a result
  
• The alleged breach of Regulation 7 is Category C and requires referral to a Student Conduct Panel for decision-making
  
• The case should be addressed through an alternative procedure

The University is responsible for establishing whether a breach of Regulation 7 has occurred. Student Conduct cases use the civil standard of proof, known as the ‘balance of probabilities’. This means that, based on the evidence available, it must be more likely than not that the alleged misconduct occurred.

You will be notified of the outcome in writing within 10 working days of the decision, including any sanctions. Where sanctions have been applied, information that is shared with the Reporting Party and others will be determined by a Data Sharing Impact and Risk Assessment, on a case-by-case basis.

My case has been referred to a Student Conduct Panel – what does this mean?

Following the investigation, if the alleged misconduct in your case is classed as Category C, the outcome will be determined by a Student Conduct Panel. You will be invited to attend the Panel meeting and will be given 7 working days’ notice of the meeting date. The Reporting Party will also be invited, but you will attend separately.

A copy of the Investigation Report and all relevant papers will be shared with you, the Reporting Party and the Panel in advance of the meeting. You have the right to be accompanied at the Panel meeting.

Before the meeting, you will have the opportunity to review the information in the Investigation Report and provide a response or any additional information relevant to the case.

During the Panel meeting, you can make a statement and will be required to answer questions from Panel members. The Reporting Party will have the same opportunity to participate in the Panel meeting.

The Student Conduct Panel will determine one of the following:

• The Respondent is not in breach of Regulation 7, and the Student Conduct Procedure is concluded.
• The Respondent is in breach of Regulation 7 at Category C, and sanctions will be applied.
• The Respondent is in breach of Regulation 7 at Category A or B, and sanctions will be applied.

How long should the Student Conduct process take?

You should normally receive the outcome of the investigation, including any sanctions and information about how to appeal, within 60 days of being informed that the investigation has started.

I am unhappy about the outcome of the Student Conduct process, what can I do as a Respondent?

You can use the Student Appeals Policy and Procedure to submit an appeal in accordance with the policy and procedure following notification of the outcome of a Student Conduct case.

You need to complete an Appeals Form within 10 working days of the outcome of the case. For more information on the Appeals process, please visit the Appeals webpage. A Reporting Party can also appeal if they are unhappy with the outcome.

Parties to this process are encouraged to provide feedback on any aspect using the anonymous survey distributed after a case has concluded. You can also email studentpolicy@bath.ac.uk at any stage.