Case Summaries

Harassment and sexual misconduct - CS042311

Case summary April 2023 | Not Justified

A student was accused of inappropriate behaviour by several other students. Two students said that the student had touched them inappropriately and without consent and other students said that the student had made them feel uncomfortable by frequently entering their personal space during gym sessions, and waiting for them outside the gym.

The provider started disciplinary proceedings. Following an investigation, the provider decided the student’s behaviour was sexual harassment and that they had breached the provider’s code of conduct. The student was given a final written warning and their access to certain buildings was restricted. The provider also required the student to attend counselling at the provider’s expense. The student appealed the decision and the provider rejected the appeal.

The student complained to us. We did not uphold their complaint (we decided it was Not Justified).

We decided that the provider acted reasonably in how it investigated the allegations about the student’s behaviour and that it followed a fair process. The student was given full information about the allegations and had a proper opportunity to respond to them. The provider reached a reasonable conclusion that the student’s behaviour, both verbal and physical, was unwanted and inappropriate and that it fell within its definition of major misconduct. The written warning was the least serious penalty that the provider could apply for major misconduct and we concluded that imposing that penalty, along with the restriction and counselling, was proportionate.