Students making a report are referred to as the ‘Reporting Party’. Students who have had an allegation of misconduct made against them are known as the ‘Respondent’. Witnesses can also make reports to the University and are known as the ‘Referring Party’.

How can I make a report?

You can report inappropriate behaviour or misconduct against you or another member of our community by:

• using Support and Report
  
• emailing the Student Discipline Team
  
• contacting the Security Team
  

You can speak to a member of the Student Discipline Team to share your concern(s) and discuss your options. They will also speak to you about the options available to you if the concern you are reporting could constitute a criminal offence.

If you wish to progress a report of misconduct using the Student Discipline process, you will be invited to provide a statement and share relevant evidence. Individuals providing a statement will be given choice where possible in how their statement is taken and will be told how the information they provide will be used and shared as part of this process.

Based on the information gathered, the Student Discipline Team will determine one of the following:

• To investigate the report as an alleged breach of Regulation 7, and assign an initial category of misconduct.
  
• To dismiss the report (providing alternative options for addressing the behaviour where possible).
  
• To refer the report for consideration under an alternative procedure.
  

You will be notified in writing of the outcome of this decision within 10 working days of the decision being made.

How does the University investigate the report?

If the University is able to investigate a report, at the start of an investigation they will consider whether any precautionary measures need to be put in place. This will include a risk assessment to ensure that any recognised risks can be mitigated before and during the Student Discipline process. This could include a No Contact Requirement between you and the Respondent or excluding the Respondent from specific University premises. For more information see the Precautionary Measures Policy.

The Respondent will be informed of the allegations against them and made aware of any precautionary measures put in place. They will be asked to attend an investigative interview with the Student Discipline Team. During the investigation the Student Discipline Team will also gather any further information relevant to the allegation, including taking witness statements.

You will be asked to submit any and all relevant evidence during the investigation. The Student Discipline Team will conclude the investigation by producing an investigation report containing submitted information and evidence relevant to the allegations being considered.

What decision is made after an 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 Disciplinary and Misconduct Panel (SDMP) for decision-making.
  
• The case should be addressed through an alternative procedure.
  

The burden of proof for student disciplinary cases sits with the University and it is our responsibility to prove the case being considered. The civil standard of proof is used in such cases, namely ‘the balance of probabilities’. This means that something is more likely than not to have happened and must be supported by evidence.

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

My report is being considered by a Student Disciplinary and Misconduct Panel, what should I expect?

If your case is being referred to a Student Disciplinary and Misconduct Panel, you will be invited to attend the Panel meeting and will be given 7 working days’ notice of the meeting date. The Respondent will also be invited however you will attend separately from each other. A copy of the Investigation Report and all relevant papers will be shared with you, the Respondent and the Panel in advance if the meeting. You have the opportunity to review the information contained in the Investigation Report and provide a response and/or any additional information relevant to the case before the Panel meeting.

You have the right to be accompanied at the Panel meeting and it is an opportunity for you to make a statement and answer questions from the Panel. The Respondent will be invited to participate in the Panel meeting in the same way.

The Student Disciplinary and Misconduct Panel will determine one of the following:

• The Respondent is not in breach of Regulation 7 concluding the Disciplinary Procedure.
  
• The Respondent is in breach of Regulation 7 at Category C, and sanctions.
  
• The Respondent is in breach of Regulation 7 at Category A or B, and sanctions.
  

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

If the Student Disciplinary and Misconduct Panel recommend expulsion as a sanction for the Respondent, this will be considered by the Vice Chancellor.

How long should the Disciplinary process take?

You should normally receive the outcome of the investigation (including any sanctions applied and appeals route) within 60 days of being informed of the start of the investigation.

Can I appeal if I am unhappy?

You can submit an appeal (within the bounds of that policy) following notification of the outcome of a Student Disciplinary case. Appeals need to be submitted within 10 working days of the outcome of the case.

You can submit an appeal under the Student Appeals Policy within 10 working days of the outcome of your case using one or more of the following grounds:

• That there was procedural error in the conduct of the process which may cause doubt as to the determination reached.
  
• That new evidence has been made available which the student could not reasonably have provided during the relevant process.
  
• That there was bias during the relevant process which may cause doubt as to the determination reached.
  

Feedback

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.