The student disciplinary process
Informing the responding student about the report
At a glance
When informing responding students about a report, providers should be mindful of the impact this will have and direct the responding student to sources of support.
170The risk evaluation that a provider has done upon receipt of a report will be relevant to deciding when and how to tell the responding student about a report that has been made about their behaviour. It is usually appropriate to inform the responding student about a report soon after the provider has decided it will begin an investigation under its student disciplinary procedures. However, in some circumstances it may be appropriate to take steps to gather or secure some evidence before taking this step.
171Providers should use their judgment, based on their knowledge of the individual student, as to how to notify the responding student that there will be a disciplinary investigation. It may be appropriate to notify the student in writing, or to offer a phone call, or virtual or in-person meeting.
172Providers should consider the timing of any notification so that students are not notified at a time when support will not be available. Providers may also consider the potential impact of the notification (for example, on any significant academic assessments). For example, it could be proportionate to delay for a few days provided risks can be adequately managed, particularly where the behaviour that has been reported would not be likely to attract severe penalties if proven.
173If a student is asked to attend a notification meeting, it is good practice to hold this as swiftly as possible, to reduce the period of uncertainty for the responding student. The student may wish to be accompanied to this meeting by a supporter, and it will usually be appropriate to facilitate this. If a responding student asks for additional time, the provider should consider their reasons for this carefully.
174If there is a telephone call or meeting, providers should explain the purpose of the conversation to the responding student. Usually, it will primarily be focused on informing the student about the report and providing support and will not begin to collect testimony from the reported student.
175If there is a telephone call or meeting, it is preferrable for this to be conducted by a member of staff who has not already been providing support to the reporting student or to other witnesses.
176It is not usually necessary to make a verbatim record of what is said in this initial conversation. It is good practice for the member of staff having the discussion to make a note of the main points discussed. After the meeting it is good practice to summarise the content of the discussion and to share this with the student.
177Whether the notification is made orally or in writing, it should:
a. Include brief information about the nature of the disciplinary issue that is being considered
b. Direct the responding student to sources of support
c. Inform the student of their right to be accompanied by a supporter to any meetings.
d. In some cases, where a risk has already been identified, it may be appropriate to inform the responding student about precautionary measures that are being put in place and how the responding student can seek any variation in these measures.
e. Direct the student to where they can find information about the disciplinary process, or outline
- i. when the student will have an opportunity to receive more information about the report;
- ii. when they will be able to make a response;
- iii. who is expected to carry out an investigation;
- iv. what will happen if the student accepts that their behaviour has fallen short of the expected standards;
- v. what the possible outcomes from the process may be
178After the responding student has been notified, it will usually be appropriate to begin the process of gathering more information. However, depending on the initial response of the reporting student providers may:
a. Revisit the assessment of risks and of mitigating actions, including precautionary measures
b. Reconsider whether any other approach may reach a satisfactory outcome, including options for informal resolution
c. Reconsider whether any other process including Support for Study may be relevant
d. Reconsider whether it is appropriate to make a report to the police
179Providers should keep reporting students informed of any significant developments, particularly where there may be a reason to move away from a full disciplinary process.