Students who are also staff
72Some students are also employed by their provider. This may range from casual work that is not public facing, to positions of significant trust and responsibility in respect of other students, such as teaching, support and welfare roles. It can be appropriate to expect students who are also members of staff in positions of trust or authority to meet higher standards of behaviour due to their professional roles than other students and to take this into account in reaching decisions under a disciplinary process.
73Some barriers that may prevent people from sharing information about harassment and/or sexual misconduct are discussed below (paragraph 78). Students that are also members of staff may face additional barriers to making a disclosure or report of harassment or sexual misconduct. They may be concerned that sharing this kind of information could in some way compromise both their student status and employment. It is important that students that are also members of staff are given appropriate advice and support and that their confidentiality is maintained. This applies to both reporting and responding parties.
74Providers should consider the context in which the event(s) that are described in the disclosure or report occurred to decide what actions to take, particularly if a disciplinary investigation will be undertaken.
75In some cases, it may be difficult to make clear distinctions between whether something happened in a person’s capacity as a student or their capacity as a member of staff. In any event, for either reporting or responding parties, it is likely that the impact of the experience of making the disclosure or report, or of being the subject of a disclosure or report will affect them in both capacities. Providers may need to operate their procedures flexibly or take a bespoke approach in such cases. Providers should consider the 10 core principles of good practice when designing and operating bespoke processes.
76Providers should take steps to minimise any duplication in the investigatory and fact-finding aspects of the process. It may be appropriate to consider the findings of fact reached under a student disciplinary process within a staff misconduct procedure, or vice versa.
77It may be appropriate for providers to seek specialist advice about individuals’ rights as employees, particularly where the outcome of the disciplinary process is termination of the person’s student status.