GOOD PRACTICE FRAMEWORK: HANDLING REPORTS ABOUT HARASSMENT AND SEXUAL MISCONDUCT  - The initial response to a disclosure or report

Listening to the student

104The first priority when a student shares information with a provider about harassment and/or sexual misconduct is the reporting student’s wellbeing. Providers should:

a.    listen without judgment to what the student wants to say

b.    inform the student about sources of support. This could be a trained member of staff, such as a Sexual Violence Liaison Officer (SVLO) or could include external sources of support (Sexual Assault Referral Centres (SARCs), community organisations, online support groups, national helplines, etc).

c.    consider any immediate risks to individuals and take action in accordance with relevant safeguarding procedures.

d.    explain any factors that affect the confidentiality of the conversation. For example, providers may have overriding obligations to make a safeguarding report, particularly where a person under the age of 18 may be at risk of harm

105It is not usually appropriate to take immediate steps to test the veracity, accuracy or reliability of the student’s account of what has happened when they first make a disclosure. In order to identify relevant support for the student, providers can proceed on the basis that the student is presenting their explanation of what they experienced or witnessed in good faith. (See paragraphs 244 - 248 for information about the burden and standard of proof within any subsequent disciplinary investigation.)

106Providers should train all staff who may receive a student disclosure on the limits of the action they are expected to take. For many staff, it will be most appropriate to re-direct the student to an individual or office that has appropriate expertise to respond to disclosures and reports.

Setting out the student’s options

107Providers should help students who have made disclosures or reports to understand the various options available to them and provide the student with support in deciding how to proceed. It is likely to be helpful to include information about:

a.    Appropriate support, whether or not the student wants to take the matter further (see paragraphs 63 - 65). For example, in relevant cases of physical sexual violence, providers may give advice about attendance at the nearest SARC.

b.    The possibility of precautionary measures, such as non-contact arrangements, and about limits on when and where providers may be able to enforce these (see paragraphs 118 - 133).

c.    Opportunities for informal resolution, such as facilitated dialogue and/or voluntary non-contact arrangements (where appropriate, see paragraphs 145 - 154).

d.    For disclosures only - deciding to proceed with a formal report

e.    Internal processes for formally investigating another person’s conduct under student or staff disciplinary regulations.

f.    Making a report to the police. Providers should be clear that any internal processes will usually be paused during a police investigation or related court proceedings, though precautionary measures may remain in place to protect other students and staff members and be reviewed for the responding student during this time.

g.    Taking some time to consider their options. It is helpful to explain if any of the options available to the reporting student are time-bound. For example, if a responding student is about to graduate the provider will not be able to begin a disciplinary process after that point.

108When a student has made a formal report and is seeking disciplinary action against the responding person, it can be helpful to explain:

a.    how they will be involved in the process, for instance, whether they might be invited to appear as a witness at a disciplinary hearing.

b.    the support that will be available to them during the process

c.    the anticipated timeframe for the process

d.    the possible outcomes of the process

e.    that opting for an internal disciplinary approach could undermine a future criminal prosecution

109Where the student has shared information in person, it is helpful to both talk through this information and give them written information about their options. Students affected by trauma, students in distress and disabled students with conditions affecting their ability to process and retain complex information are particularly likely to find it helpful to be able to refer back to information about next steps.

Making records of oral disclosures and reports

110It is good practice for staff who receive an oral disclosure to make a brief note of the main points of the conversation. The note may be shared with the reporting student, if they wish to see it. The exact nature and content of the note may vary, based on the extent of what is discussed and what the student has indicated they would like to happen next.

111Good record-keeping around disclosures can give providers assurance that students have been signposted to appropriate support, and that immediate risks have been identified. It is likely that the guidance providers already give to their staff about making a record about any other kind of safeguarding concern can appropriately be applied to disclosures about harassment and/or sexual misconduct. It is good practice to collate records and store them in a way that enables appropriate access controls and retention periods to be applied.

112When it is apparent that a student who is sharing information in person wishes to make a formal report with the expectation that a provider will take some action, providers can encourage the student to make a written report. But providers should also be mindful of placing an additional barrier in the way of a student who would prefer to make an oral report.

113The record of an oral report will need to be more detailed than a record of an oral disclosure. This could include audio/visual recording if the reporting student is comfortable with this. Where possible, it is preferrable that oral reports are taken by members of staff with relevant training in trauma-informed practice. It is also important that staff receiving detailed oral reports are able to explore the student’s report using open questions. If a student has already made a detailed oral statement at the first point of engaging with the provider, providers may be able to reduce the need for them to participate in further interviews within a disciplinary process.   This is contingent on a strong record of the conversation which captures the student’s own description of what has happened, without any leading lines of questioning.