24.03.23
Contents
General Principles
St Catharine’s College is an inclusive and tolerant community of Fellows, Student Members and staff. Student Members are required to behave in a way that is consistent with membership of this collegiate community. In general, this means that they are required to:
(a) show due respect to others, including Fellows, other students and members of staff,
(b) conduct themselves in a quiet and orderly manner, and
(c) abstain from conduct that is prejudicial to discipline or good order, or that would tend to bring the College into disrepute.
This Code of Conduct should be read, and will be interpreted, in conjunction with other relevant official College documents, including the College’s COVID-19 Regulations, Alcohol Use and Abuse, Possession or Mis-Use of Drugs, and on Bullying and Harassment; the College’s rules and guidelines on internet use, and the College’s Formal Hall Code of Behaviour.
1. Code of Conduct: Rules of Behaviour
All St Catharine’s College students are responsible for following the College’s Code of Conduct. Not knowing or forgetting about these rules is not a justification for not following them.
1.1 Students must:
(a) behave considerately towards the Master, Fellows, or other members of the College, College staff and visitors;
(b) comply with instructions issued by any person or body authorised to act on behalf of the College, in the proper discharge of their duties;
(c) comply with all health and safety regulations and instructions issued by the College or another associated institution;
(d) comply with the terms of the code of practice issued under the provisions of section 43 of the Education (No. 2) Act 1986 regarding meetings and public gatherings on College grounds;
(e) comply with the Statutes, Ordinances and Regulations of the College, together with any rules, procedures or policies established by the College under its Statutes and Ordinances.
1.2. Students must not:
(a) engage or attempt to engage in unlawful conduct or behaviour in the College;
(b) engage or attempt to engage in physical misconduct, sexual misconduct, racial or sexual harassment, or abusive behaviour towards any other College member, employee or visitor;
(c) engage in behaviour prejudicial to the good order of the College or liable to cause a disturbance in the College;
(d) engage in behaviour liable to bring the College’s name into disrepute;
(e) unlawfully interfere or attempt to interfere in the activities of the College, or with any College member in the pursuit of their studies, or with a College member or employee in the performance of their duties;
(f) damage, misappropriate or occupy without appropriate permission any College property or premises, or any property or premises accessed as a result of a College activity;
(g) interfere in the freedom of speech or lawful assembly of a College member, employee, or visitor;
(h) damage or misappropriate property belonging to a College member, employee, or visitor; or belonging to anyone within College grounds or during the course of a College activity;
(i) endanger the health and safety of anyone within College grounds or in the course of a College activity;
(j) forge, falsify or improperly use information to gain or attempt to gain a personal advantage in the College.
1.3. The following definitions are applied under the Rules of Behaviour:
(a) ‘Instructions issued by any person or body authorised to act on behalf of the College’ include requests to attend meetings and to provide identification upon request.
(b) ‘The code of practice issued under the provisions of section 43 of the Education (No. 2) Act 1986’ relates to meetings and public gatherings on University premises. The Code of Practice is available here.
c) ‘Rules and procedures established under the Statutes and Ordinances’ include procedures that govern student conduct; regulations governing information services, bicycles, boats and other College equipment; and the payment of fees and fines.
(d) ‘Anti-social behaviour’ is any behaviour that causes or is likely to cause harassment, alarm or distress to another person. Anti-social behaviour includes public drunkenness, littering, excessive noisiness, inconsiderate and inappropriate use of College spaces and facilities.
(e) ‘Physical misconduct’ is any unwanted and unreasonable contact. Physical misconduct includes pinching, punching, kicking, slapping, pulling hair, biting, pushing, shoving, using weapons and using items as weapons.
(f) ‘Sexual misconduct’ is any unwanted or unpermitted sexual activity. Sexual activity includes sexual acts, kissing, sharing private sexual materials of another, touching through clothes, showing sexual organs and remarks of a sexual nature. Sexual misconduct can take place in physical and virtual environments.
(g) ‘Abusive behaviour’ is any unwanted behaviour which is likely to to (i) cause harm to another; (ii) have the effect of violating another’s dignity; or (iii) create an intimidating, hostile, degrading, humiliating or offensive environment for that other. It includes threats, abusive comments, the use of or supply of illicit substances, making malicious accusations, repeatedly contacting someone, and abuse that takes place within an intimate relationship. Abusive behaviour can take place in physical or virtual environments.
(h) The word ‘unwanted’ means ‘unwelcome or ‘uninvited’. It is not necessary for a person to object to the behaviour for it to be unwanted.
(i) The word ‘unpermitted’ means ‘not permitted’ or ‘unauthorised’. A number of behaviours can indicate where permission has been given, for example, verbal comments or physical actions. Permission for an activity can only be given at the time it is taking place and where the person has the choice to give or not give permission. Where there is disagreement as to whether an activity was unpermitted, the applicable test shall be, taking all circumstances into account, whether a reasonable person would consider the activity was unpermitted.
(j) A ‘College activity’ is an academic, sporting, social or cultural activity either on College grounds or elsewhere in the context of a person’s membership of the College. ‘Activities of the College’ include activities that involve other organisations working in partnership with the College.
1.4. Any breach of the Rules of Behaviour may be considered more serious if:
(a) it took place under the influence of alcohol or illicit substances;
(b) it was motivated by the protected characteristics* or perceived protected characteristics of another;
(c) it was intentionally committed by the Respondent;
(d) it has resulted in serious harm or damage;
(e) it has had a serious impact on the College Community, as evidenced by, among other things, any Impact Statements;
(f) the Respondent has gained or could have gained a significant advantage as a result of the breach;
(g) the Respondent has previously been found to have breached the same rule of behaviour, or other rules of behaviour on more than one occasion;
(h) the Respondent has not complied with any sanction or measure imposed under the Student Disciplinary Procedure;
(i) the Respondent has breached precautionary action measures whilst the Student Disciplinary Procedure has been ongoing;
(j) the Respondent has not provided the College with reasonable information upon request so that it can assess the risk the Respondent may pose to the College community;
(k) the Respondent has attempted to conceal or destroy evidence; or to coerce or intimidate officers, Reporting Persons or Witnesses, in relation to that breach;
(l) the Respondent has abused a position of power or trust.
2. Code of Conduct: Specific Policies
2.1 Noise
2.1.1 Excessive noise is not tolerable in an academic community. Student Members of the College must show consideration for others in this respect.
2.1.2 Music Hours are 10.00 am to 10.00 pm on any day not falling within the Examination Quiet Period. During Music Hours, the volume of sound must be kept to an acceptable level. What constitutes an ‘acceptable level’ falls to be determined in the circumstances of individual cases. However, noise that causes a more than trivial interference with others’ legitimate expectation of peace and quiet will normally be taken to be of an unacceptable level. Outside Music Hours, the playing of recorded music, radios and musical instruments except in authorised practice spaces is prohibited, except when earphones are used. Authorised practice spaces may be used at other times, by arrangement with the Director of Music.
2.1.3 Regular Quiet Period is the period between 11.00 pm and 8.00 am the following day. Movement on staircases and corridors and within rooms during Regular Quiet Period should be as quiet as possible.
2.1.4 During Chapel services, concerts and lectures, Student Members should be careful to speak softly in conversation whilst sitting or standing outside the venue being used for such events.
2.2 Examination Quiet Period
2.2.1 The Examination Quiet Period commences at the start of Easter Term. It remains in force until the last Tripos paper and/or practical examination in any subject is over. The purpose of the Examination Quiet Period is that no student should be distracted from their academic work or have their night’s sleep interrupted by inconsiderate behaviour.
2.2.2 Student Members are required to behave in a manner that is consistent with the purpose, as defined in paragraph 2.2.1 above, of the Examination Quiet Period. In particular:
(a) Voices should be kept to the level of ordinary conversation (exceptions are the congregation, when attending chapel service, and the choir, when practising or performing).
(b) Sound systems may not be played without headphones at any time of day or night.
(c) Movement around the College estate, particularly on staircases and corridors after 11.00 pm, should be as quiet as possible.
2.2.3 In the event of these regulations being breached, disciplinary action may include (but is not limited to) confiscation of sound systems and the imposition of a curfew after 11.00 pm. ‘Sound system’ includes a computer or other electronic device being used for a relevant purpose.
2.3 Illegal drugs
2.3.1 St Catharine’s College will not tolerate the use of illegal drugs by members of the College. Student Members who are found using or in possession of such drugs are liable to serious penalties, including expulsion. Student Members are referred for guidance to the Possession or Mis-Use of Drugs.
2.4 Alcohol
2.4.1 Student Members of the College should be aware of the dangers of excessive consumption of alcohol. Drunken behaviour is frequently anti-social and destructive; such behaviour will not be tolerated.
2.4.2 Student Members are not permitted to take part in drinking games, or to encourage others to do so.
2.4.3 Student Members are referred for further guidance to the College’s Policy on Alcohol Use and Abuse.
2.5 Smoking
2.5.1 Smoking is prohibited throughout the College estate. For this purpose, ‘smoking’ includes the use of e-cigarettes and comparable devices.
2.6 Dress
2.6.1 Student Members are required to dress and conduct themselves in a manner that is consistent with conventional notions of decency.
2.6.2 Academic dress is to be worn at Formal Hall and on any other occasion when it is expressly directed. It is encouraged though not obligatory for Chapel services. Academic dress consists of a St Catharine’s College gown or (in the case of graduates) the gown of their degree in this University, and suitable formal wear.
2.7 Formal Hall and other formal dinners
2.7.1 Formal Hall is an occasion on which all members of St Catharine’s should wear gowns, with exception of visiting alumni. Members and their guests must be dressed in suitably smart dress. ‘Smart dress’ is defined without reference to considerations of gender identity or expression. This means a suit (or trousers and jacket), a shirt with a collar, a tie, and shoes (not trainers or sandals), or equivalent formal dress. The staff are instructed to refuse admission to anyone coming to Formal Hall improperly dressed.
2.7.2 No one may leave their seat before grace without permission, except in case of medical emergency or when evacuation of Hall is necessary. Before entering Hall those dining should ensure that they are sufficiently comfortable to remain seated till the grace.
2.7.3 Student Members and their Guests are required to abide by the Formal Hall Code of Behaviour.
2.7.4 Toasts are not permitted at Formal Hall. At other formal dinners (e.g. club or society dinners), toasts are only permitted when serving staff are not in the room. When staff enter the room any toast in progress is to be brought to a swift conclusion and students are to remain seated while food and drink are served or crockery etc cleared away. This is for the safety of students and staff.
2.7.5 A Student Member may sign in no more than four guests into Hall at any one time.
2.8 Parties
2.8.1 Parties may not be held in any College accommodation without the express permission of the Dean.
2.8.2 For this purpose, a ‘party’ is an assembly of more than eight persons in a room, or an assembly of more than 12 persons in a single flat.
2.8.3 Parties will normally be allowed on Fridays and Saturdays only.
2.9 Guests
2.9.1 Student Members may entertain guests (meaning individuals who are not Members) on College premises subject to the following conditions:
(a) Hosts are responsible for the conduct of their guests at all times.
(b) It is the responsibility of the host to see their guests off the College premises by 11.45 pm.
2.9.2 See articles 2.7.5, 2.9.3 and 2.10.2 for the limit on the number of guests.
2.9.3 Student Members may have guests to stay overnight on College premises subject to the conditions given below. In all cases, it is the responsibility of the hosting Student Member to ensure compliance:
(a) the Dean’s permission must be sought at least one week in advance to host more than two overnight guests;
(b) the Dean’s written permission must be sought in order to host a guest under the age of 18 years; no guests under the age of 16 years are permitted;
(c) no guest may stay in College for more than two consecutive nights;
(d) guests must be signed in at the Main Porters’ Lodge not later than 10.00 on the first night; the duty porter at St Chad’s is also informed of any overnight guest at St Chad’s;
(e) the hosting Student Member may book a guest room at the Porters’ Lodge at no more than 14 days’ notice.
2.10 The College Bar
2.10.1 The College Bar is open to all Members of the College and members of its staff, and their guests, provided that the latter are aged over 18 and are accompanied by their hosts.
2.10.2 A Student Member may bring in no more than five guests at any one time.
2.10.3 Regulations concerning opening hours, staffing and other conditions of use are issued by the Bursar from time to time. The Bar is liable to be closed at any time in the event of noise or other misbehaviour, by order of the Head Porter, Duty Porter, Dean, Bursar, Operations Director or Senior Tutor.
2.10.4 The College Bar is for the enjoyment of all Members of the College and of its staff. Neither the JCR, the MCR, College Clubs and Societies, nor any other group is permitted to monopolise the Bar for its own use without prior permission from the Dean.
2.11 Advertisements, notices and hawking
2.11.1 Posters or notices may not be displayed in public areas of the College, including staircases, except on the Notice Boards provided. This prohibition extends to notices advertising candidates for election campaigns for JCR and MCR committees.
2.11.2 Posters and flags should not be displayed in College rooms in such a way that they are clearly visible outside the room.
2.11.3 Student Members occupying rooms on the ground floor of Main Court or Sherlock Court should consider the possibility that posters affixed to some walls may be easily visible to passers-by, especially when the room is lit. They should therefore take particular care to avoid displaying material that may be deemed offensive.
2.11.4 Door-to-door solicitation of funds or other donations, sale of goods, and canvassing for political or religious purposes are forbidden in College.
2.12 Bicycles and scooters
2.12.1 Student Members must not leave bicycles or scooters anywhere within the College, except in the underground store beneath the Fellows’ Car Park or in the bicycle store at St Chad’s. Bicycles and scooters left elsewhere may be impounded until a fine is imposed on and paid by the owner.
2.12.2 Student Members’ bicycles and scooters may not be wheeled in the courts.
2.12.3 Student Members are reminded that bicycles and scooters should not be left on the streets or pavements outside College, except in designated bicycle racks.
2.12.4 All Student Members having bicycles in Cambridge are required by College and University regulations to number them. New Student Members are notified of their numbers before entering into residence, and should paint their number on their bicycle before coming up; the letter S (which indicates St Catharine’s College) must prefix the number.
2.13 Motor vehicles
2.13.1 Student Members without special reasons and the approval of the University Motor Proctor are not permitted to keep cars or motorcycles in Cambridge.
2.13.2 Student Members must not park cars or motorcycles in College.
2.14 Outdoor spaces
2.14.1 The lawns of Main Court and Sherlock Court are out of bounds to Student Members, except when permission has been granted by the Dean and/or Bursar (for example on the occasion of the Music Society’s summer concert).
2.14.2 Eating and drinking is prohibited in Main Court, except when special permission has been granted by the Dean and/or Bursar.
2.14.3 Trespass into areas of restricted access (including but not limited to construction sites and roofs, where there is a significant increased risk of injury) is regarded as particularly serious and will incur immediate and severe disciplinary sanction.
3. Disciplinary Procedure
The role of the Dean is to maintain discipline and good order among the Student Members of the College. Most disciplinary matters are dealt with by the Dean. However, particularly serious matters are referred to the College’s Discipline Committee.
3.1. Glossary of key terms
3.1.1 In this procedure, the following terms shall have the meanings set out below:
Completion of Procedures letter: A letter that confirms the completion of the College’s internal procedures, following which a student may be able to raise a complaint with the Office of the Independent Adjudicator
Concern: The description of the behaviour causing concern, as alleged by the Reporting Person
Dean: A College Officer with responsibility for determining whether a Concern should be investigated, for conducting any investigation, and for either rendering a decision in a non-serious case (i.e. a case potentially requiring a disciplinary action including of a written warning, community service, a fine, an alcohol ban, a curfew, or a lesser sanction), or referring the matter to another procedure or to the Discipline Committee. Where a Concern is referred to the Discipline Committee, the Dean is responsible for presenting the charge(s) and Investigation Report to the Committee.
Discipline Committee: A panel of five or more from among the Official and Professorial Fellows of the College, which determines whether the Rules of Behaviour have been breached in a serious case (i.e. a case potentially requiring disciplinary action above and beyond a written warning, community service, a fine, an alcohol ban, a curfew or a combination thereof), or when the case has been otherwise referred to it. If the Committee determines that a breach has occurred, it has the authority to impose sanctions or measures.
Impact Statement: A written statement from a Reporting Person or Witness that describes the personal impact of an alleged breach of the Rules of Behaviour
Investigation Report: The report created by the Dean following an investigation.
Student: A person who is pursuing a course of study at the University as a student member of the College or who is pursuing a course of study at another university and has a visiting or affiliated status in the University and/or the College.
Reporting Person: A person who is reporting a Concern about a Student.
Respondent: A student whose alleged conduct is the subject of a Concern.
Rules of Behaviour: The rules established by the College concerning the conduct of Students.
Witness: A person who has witnessed the Respondent’s behaviour or has witnessed a matter connected to the Respondent’s behaviour as alleged in the Concern. The Witness may be someone to whom the alleged behaviour was directed, or a third party.
3.2. Scope and Principles
3.2.1 This procedure enables the College to consider whether a Student has breached the Rules of Behaviour and, if it is found that the Rules have been breached, to impose proportionate sanctions or measures. The procedure enables the College to respond appropriately to breaches of the Rules of Behaviour, and to protect the College and its community. It does not exist to resolve personal disputes.
3.2.2 This procedure is an internal process and does not have the same degree of formality as proceedings in a court of law. While it is therefore not necessary for persons who are participating in the procedure to be legally represented, all such persons are entitled to arrange legal representation if they so wish.
3.2.3 The procedure itself can be stressful for those involved. College investigators and decision-makers will take into account the potential effects upon those engaging with the procedure and, where appropriate and possible, minimise these effects. All College members and employees who are Reporting Persons, Respondents and Witnesses will receive information about how to access support during this process. The appropriate support will depend on the circumstances of the case, but may be delivered by the College, the University, the Students’ Unions’ Advice Service or external support organisations.
3.2.4 Reasonable adjustments shall be made to the procedure to allow fair access for students with a disability. Respondents, Reporting Persons and Witnesses are requested to make any reasonable adjustments known to the Dean so that these can be put in place. The Dean may seek expert opinion regarding reasonable adjustments to ensure appropriate implementation and shall keep a record of any such adjustments.
3.2.5 In order to ensure that a Respondent’s views are accurately represented during the process it is preferable for the College to correspond directly with the Respondent. However, it is accepted that sometimes this will not be in the best interests of the Respondent, for example, where a Respondent is reluctant to make or receive decisions about a Concern without support, as a result of an underlying medical condition or disability. Where a Respondent would prefer correspondence to be directed through an authorised representative, the Respondent must provide permission to the College in writing or via the Respondent’s University email account. Where this is appropriate, the Respondent will be given reasonable time to arrange this support.
3.2.6 It will not normally be possible for the Reporting Person to submit a Concern anonymously, apart from in exceptional circumstances where there is a compelling case as decided by the Dean, supported by evidence, for the matter to be investigated. Where an anonymous Concern is accepted, the Concern will normally be accompanied by independent evidence enabling an investigation to take place without the involvement of the anonymous Reporting Person.
3.2.7 Concerns are ideally submitted in a timely manner, so that matters can be dealt with effectively. However, it is accepted that this is not always possible, for example where evidence of the misconduct or other behaviour specified in paragraph 2 of the Rules of Behaviour only becomes apparent after a significant period of time, or where a matter has significantly impacted an individual and the effects of this impact have led to a delay in reporting. There is no arbitrary deadline for the submission of a Concern, although Respondents will need to be students at the time the Concern is raised to enable meaningful sanctions and measures to be imposed.
3.2.8 The College shall investigate and consider Concerns in a timely manner, providing reasonable deadlines at each stage of the process for Respondents, Reporting Persons and Witnesses to provide information, and for decision-makers to render decisions. However, delays may occur where the case is complex, the Reporting Person, Respondent or Witnesses are not available to attend meetings, or where the procedure has been suspended for good reason. Respondents and Reporting Persons will be provided with updates where there is a delay.
3.2.9 Witnesses are expected to engage fully with the procedure, as far as is reasonable in the circumstances.
3.2.10 Where reasonable, and at the Dean’s discretion, physical meetings can be replaced by virtual meetings, where a Respondent, Reporting Person or Witness may attend a meeting by video or telephone call.
3.2.11 All decision-makers and investigators will receive appropriate advice, guidance and support.
3.2.12 Any reference in this procedure to a named role includes a deputy appointed by that role-holder to exercise the functions assigned to that role-holder under this procedure.
3.2.13 Some breaches of the Rules of Behaviour could also constitute criminal offences. The College will not normally investigate a matter where criminal proceedings are ongoing (including criminal investigations and appeal processes), pausing any action under this procedure until criminal proceedings are complete. Where criminal proceedings are instituted after action under this procedure has begun, the College will normally pause such action until the criminal proceedings are complete. Following an investigation undertaken by the police and any subsequent criminal proceedings, where it appears unlikely that criminal proceedings will take place or continue, or where the behaviour being investigated by the College is different from the behaviour being considered through criminal proceedings, the College may take its own action under this or another procedure.
3.2.14 The College will treat relevant police fines, cautions or criminal convictions received by the Respondent as evidence that the behaviour, on which the offence was based, took place. A ‘not guilty’ or ‘no further action’ outcome from the police or criminal proceedings will not in and of itself prevent the College from undertaking its own investigation as to whether a breach of the Rules of Behaviour has occurred.
3.2.15 Sometimes a Concern will be more appropriately investigated under another College procedure or a University procedure. It will be at the discretion of the Dean, in consultation with the Senior Tutor, to decide which procedure is most appropriate to investigate student behaviour. The College reserves the right to refer a matter to another procedure at any time during this procedure. Sometimes a Concern will be appropriately investigated under this procedure but nonetheless, following the outcome, it will be necessary to refer the matter to another procedure.
3.2.16 Some breaches of the Rules of Behaviour will also be in breach of the University’s Statutes and Ordinances and may result in the University taking disciplinary action. The College shall take into consideration any action taken by the University.
3.2.17 Where a Concern involves more than one Respondent, the Dean shall have discretion to decide whether the Concern should be separated into separate investigations for some or all of the Respondents.
3.2.18 In cases where the Dean (in consultation with the Senior Tutor) assesses that there is a need to put in place precautionary action whilst an investigation is ongoing, the Dean will liaise with the Senior Tutor to take such action, and/or with the University to initiate the process outlined in the University’s Statutes & Ordinances under Special Ordinance D (v): Precautionary Action (Special Ordinance under Statute D I).
3.2.19 While the procedure is ongoing, a Respondent must not contact or attempt to contact the Reporting Person or any other Respondent(s) or Witness(es) to the alleged misconduct or other behaviour either directly or via another person. Except where precautionary action precludes it, Respondents may continue to pursue and complete their studies, including graduating, unless informed otherwise by the Dean.
3.2.20 All persons are required to communicate and act respectfully and reasonably at all times whilst using the procedure and to treat the processes with respect. Abusive behaviour will not be tolerated. If, following a warning, someone continues to behave in an unacceptable manner, that person may be subject to separate disciplinary action. The person may be required by a decision-maker to stop engaging with this procedure or engage in a limited manner, even if this impacts upon the consideration of the Concern or a subsequent appeal.
3.2.21 The standard of proof used when making determinations under this procedure is on the balance of probabilities. This means that it is necessary to prove that it is more likely than not that a breach of the Rules of Behaviour occurred before any sanctions or measures can be imposed on the Respondent. Decisions must be supported by evidence; it is not enough simply to believe that something is likely to have happened.
Information sharing
3.2.22 All information received from a Reporting Person, Respondent, Witness, Fellow, College Officer, or employee will be handled sensitively and in accordance with the College’s Data Protection Policy.
3.2.23 The College shall share information and evidence with the Respondent as follows:
(a) When an investigation of a Concern is undertaken, the Dean shall write to the Respondent to confirm that a Concern naming the Respondent has been received, the nature of the alleged behaviour, the relevant Rules of Behaviour that have allegedly been breached and that an investigation shall be conducted. The Dean will provide a brief summary of the Concern, name the Reporting Person (unless, exceptionally, an anonymous Concern has been accepted), and describe the investigation process, the possible outcomes, including referral to other procedures, for example fitness to practise, and who may need to be informed of these outcomes. The Dean will inform the Respondent of the available avenues of support and the potential consequences if the Concern relates to alleged misconduct or other behaviour that may constitute a criminal offence;
(b) Before a decision on a Concern is made, the College shall share the Investigation Report with the Respondent. The Report shall be shared in its entirety except where the decision-maker determines there is a compelling reason not to do so. A compelling reason may include: where the identity of the Reporting Person or of a Witness, or personal data or special category data belonging to another has been provided which that person does not wish to be shared, and there is a compelling case for the matter to be investigated without revealing this information to the Respondent. A compelling case may include where the information is of no relevance to the Concern and therefore it does not need to be relied upon;
(c) After a decision on a Concern is made, including a decision to refer a Concern the Discipline Committee, the College shall share with the Respondent the reasoned decision of the Dean or Discipline Committee, including any sanctions or measures.
(d) When the procedures relating to a Concern are completed, including when an investigation is not undertaken, and following completion of a complaint process or expiration of a period in which a complaint can be made, the College shall issue a Completion of Procedures Letter to the Respondent. The Letter shall include a statement of the Concern or complaint, and the reasoned decision of the relevant decision-maker. However, where sharing this information may impact upon an investigation being undertaken under a different procedure or by an external body, a delay to informing the Respondent may be necessary.
3.2.24 The College shall share the initiation of an investigation, the Investigation Report (redacted as specified in paragraph 2.23), and the reasoned decision of the Dean or Discipline Committee, including any sanctions or measures, with the University, regulatory bodies (for example, the Disclosure and Barring Service), professional bodies (for example, the General Medical Council), or other organisations with whom the Respondent may be connected, where it is appropriate to do so (for example, where the Respondent holds a position of responsibility for children or vulnerable adults). The College shall inform the police of any evidence it obtains of serious criminal conduct, or where the College considers that someone may be at significant and immediate risk of harm. The College may disclose other information received through this procedure to the police where formally requested to do so.
3.2.25 The College shall share the Dean’s reasoned decision whether to investigate a Concern with a Reporting Person. If a Concern is investigated, the College shall share the Investigation Report (redacted as specified in paragraph 2.23), the reasoned decision of the Dean or the Discipline Committee, including any sanctions or measures, with a Reporting Person where such information is relevant. ‘Relevant’ information is that which has a direct impact on that Reporting Person. Following completion of a complaint process or expiration of a period in which a complaint can be made, the College shall issue a Completion of Procedures Letter to the Reporting Person.
3.2.26 The College shall share the reasoned decision of the Dean or the Discipline Committee, including any sanctions or measures, with a Witness where such information is relevant. ‘Relevant’ information is that which has a direct impact on a Witness.
3.3. Submitting a Concern
3.3.1 The College will be informed of a potential breach of the Rules of Behaviour by a Reporting Person. The Reporting Person may be a person who has been impacted by the alleged behaviour, witnessed the alleged behaviour or became aware of the alleged behaviour through other means. Where the Reporting Person is not the Dean, paragraphs 2-6 of this section are relevant. Where the Reporting Person is the Dean, paragraphs 4-6 of this section are relevant.
3.3.2 To submit a Concern, the Reporting Person must submit relevant information or evidence to the Dean or Senior Tutor.
3.3.3 The Dean shall communicate with the Reporting Person to acknowledge the Concern that has been received, to request further information where necessary, and to offer the Reporting Person a meeting to discuss the Procedure, though this can take place before a Concern is submitted.
3.3.4 The Dean will determine whether the following criteria are met:
(a) there is an allegation that, on the face of it, would appear to breach the Rules of Behaviour;
(b) this procedure is the most appropriate procedure to use to investigate the matter; and
(c) the Concern has not already been investigated using this procedure.
3.3.5 Where all the criteria have been met, the Dean shall investigate the Concern. Where at least one of the criteria has not been met, the Dean shall not investigate the Concern, but may refer the matter for consideration under another procedure.
3.3.6 Where part of the Concern has previously been investigated, it is at the discretion of the Dean to decide whether to investigate the aspect that has not yet been investigated, taking into account why the matter was not previously fully investigated, the length of time that has elapsed since the investigation, the severity of the misconduct or other behaviour, the impact on the Respondent of undergoing a second discipline investigation, and whether there would be repercussions for the Respondent’s fitness to practise were the decision taken not to investigate the matter.
3.4. Investigating a Concern
3.4.1 The Dean shall conduct an investigation which may require written statements, meetings and evidence relevant to the investigation. Written notes shall be taken of all investigative meetings. Any person required to attend an investigative meeting will be able to bring a supporter of their choosing to the meeting and will be directed to appropriate sources of support. At the meeting they can present written information, evidence and the names of any Witnesses, and they shall have the opportunity to comment on the Dean’s written notes of any meeting that they have attended.
3.4.2 The Dean shall normally meet with the Reporting Person and with the Respondent to receive an oral account of the circumstances leading to the Concern, to receive relevant evidence relating to the Concern and the names of any Witnesses. The Reporting Person and Respondent should not attempt to investigate the matter themselves, but instead should provide all relevant information to the Dean. The Dean may meet with any Witnesses or instead collect information through written statements. The Dean shall give anyone impacted by the alleged behaviour being investigated the opportunity to make an Impact Statement.
3.4.3 In addition to the Concern itself, the investigation shall include the seriousness of the Concern, any mitigation provided by the Respondent, and any relevant previous breaches of the Rules of Behaviour by the Respondent. During the investigation, it may be necessary to request further information and responses from those who have already provided oral or written accounts. Information the Dean may consider collecting, where relevant and available, includes validating information that has been provided by others, records of correspondence, CCTV evidence, door-locking evidence, medical evidence from qualified medical practitioners, and records of online activity. This is a non-exhaustive list and the Dean may request any other material that the Dean considers will provide value to the investigation. The College does not have the resources to undertake its own forensic investigation and therefore, unless this type of information already exists, the Dean shall not normally seek it.
3.4.4 The Dean shall produce an Investigative Report, setting out the information and evidence gathered in the investigation.
3.5. Dean’s Decision
3.5.1 Following the investigation, the Dean shall reach one of the following decisions:
(a) To impose a minor sanction or measure where a breach of the Rules of Behaviour has occurred and where it is considered that a minor sanction or measure is appropriate; minor sanctions ordinarily include a written warning, community service, a fine, an alcohol ban, a curfew, or a lesser sanction;
(b) To refer the case to the Discipline Committee in conformity with the requirements of the College’s Discipline Committee Ordinance;
(c) Where neither a) nor b) is appropriate: (i) to take no further action; (ii) to refer the matter for decision under another procedure.
3.5.2 In considering whether to impose a minor sanction or measure or refer the case to the Discipline Committee, the Dean shall consider the following factors:
(a) The seriousness of the breach as specified in paragraph 4 of the Rules of Behaviour;
(b) Whether the Respondent has admitted to the breach and when such an admission took place;
(c) Whether the Respondent has expressed remorse and/or shown insight into the impact of the breach;
(d) The evidenced personal circumstances of the Respondent.
3.5.3 Having imposed a minor sanction or measure, the Dean may refer the case to the Discipline Committee for consideration where the Respondent does not comply with the minor sanction or measure.
3.5.4 The Dean shall produce a report stating the decision taken and the supporting reasons. Where evidence in the Investigation Report is not relied upon, this will be explained in the reasons for the decision.
3.6. Discipline Committee consideration
3.6.1 The actions and procedures of the Discipline Committee, including reference to the Committee by the Master, are specified in the Discipline Committee Ordinance.
3.7. Access to the College’s Complaints Procedure
[This procedure deals with complaints about the way in which a decision was reached and is currently under review.]
3.7.1 A student who has been affected by the College’s decision under Section 2 regarding the sharing of information may be able to file a complaint.
3.7.2 A student Witness or student Reporting Person may be able to file a complaint about the Dean’s decision under Section 3 not to investigate a Concern.
3.7.3 A Respondent, student Witness or student Reporting person may be able to file a complaint about the Dean’s decision under Section 5 to impose a minor sanction or measure
* These are listed in the Equality Act 2010 and are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
