Delivering learning opportunities in partnership with others
At a glance
Providers should proactively consider, for each type of partnership arrangement in operation, which partner is best placed to receive disclosures and reports from students; provide support to students; identify, evaluate and mitigate risks to its community; investigate incidents and reach decisions, including under disciplinary processes. Providers may undertake these activities individually or design processes that are operated jointly.
When designing processes, providers should take into account the legal and regulatory obligations that apply to each party in the partnership; the resources and expertise of each party; and the route which is likely to make sense to students. Providers have discretion to consider what operational model is most appropriate for their context.
Providers may benefit from proactive creation of information sharing protocols for handling students’ sensitive personal data in the context of disclosures, reports, complaints and appeals.
Providers should ensure that students are given clear information about which partner will respond to disclosures and reports about harassment and/or sexual misconduct and set out when and how this may move from one partner to another or be handled jointly.
Providers should endeavour to minimise any duplication in the process for students, so far as is compatible with the different roles and remits of each partner.
42Many providers in England and Wales deliver learning opportunities in partnership with one or more other providers or awarding organisations, in the UK or overseas. Providers also operate in partnerships with other organisations, for example organisations offering placement opportunities, work-based learning, internships or employment such as apprenticeships. We have published good practice guidance on Delivering learning opportunities with others for providers to consider when handling complaints and appeals and other internal processes in the context of these arrangements, which should be read in conjunction with this section.
43Providers are responsible for ensuring that they meet any requirements placed on them by relevant regulatory bodies when establishing and operating partnership agreements. Providers in England that are registered with the OfS should note that Regulation E6 applies regardless of whether the registered provider is an awarding provider, a delivery provider, or has another role. The guidance note explains, “In practice, these provisions may result in more than one registered provider being responsible for compliance with this condition in relation to the same students”.
44Notwithstanding this joint responsibility, it is not good practice to operate processes in a way which requires a student to undertake the same steps separately with each of the parties involved in a partnership. In some circumstances it may be necessary to use two distinct processes to consider the same incident through different contextual lenses. For example, where a responding student is an apprentice, their employer will have obligations towards the individual as an employee, which are different from the higher education provider’s obligations towards the individual as a student. Wherever possible, providers are encouraged to identify approaches that minimise duplication for all the parties involved. For example, it may be possible for findings of fact that are made within one process to be used directly in another process.
45Providers have considerable discretion about how to operate student-facing processes for responding to disclosures and reports about harassment and/or sexual misconduct within a partnership. In thinking about which partner should undertake which functions, providers may consider:
a. How and with whom students most commonly engage. In some circumstances students may be more likely to make a disclosure or report to the partner with whom they have most direct contact. Alternatively, students may have concerns about disclosing or reporting to someone they interact with closely, or in smaller settings where relevant individuals are already well known to each other.
b. Where there is relevant expertise to respond appropriately to disclosures and reports and to provide appropriate support to each of the reporting and responding parties.
c. Which partner is better placed to resource any investigation or alternative actions necessary.
d. Which partner has the authority, through its contracts with the student or the members of staff involved, to make and enforce decisions about precautionary measures or disciplinary penalties.
e. How learning from disclosures and reports can be taken forward effectively at each partner.
46It is good practice to monitor data about students’ experiences of harassment and/or sexual misconduct at each partner and to interrogate any trends or patterns that may indicate higher levels of risks to students in a particular partnership.
47Some partnerships operate outside the UK and within significantly different legal and cultural contexts. For example, some nations prohibit students from joining a students’ union or have laws which prohibit homosexuality or which prohibit speech that would not be unlawful in the UK. Providers will need to consider these contexts carefully when setting expectations about behaviour for students and making arrangements for support.