Purpose, scope and principles

Purpose of this policy

This policy combines the previous Student Dignity and Respect Policy, Student Disciplinary Policy and Procedure and Sexual Harassment and Sexual Misconduct Policy and Procedure to provide a clear and consistent framework for:

• Setting expectations for behaviour.
• Preventing, reporting, and addressing misconduct, including harassment and sexual misconduct.
• Providing fair and consistent processes to handle incidents.

Supporting those affected and encouraging reporting of unacceptable behaviour.

This policy is intended to address misconduct by students rather than to resolve disputes between individuals.

Details on what are considered unacceptable behaviours can be found in section 4.

Scope of this policy

This policy applies to all students enrolled on modules, programmes or courses delivered in whole by the University, or in whole or part by a franchise partner institution (franchise provision). Disciplinary matters relating to students on programmes delivered by a Validated Partner should follow their disciplinary procedures. For a list of our partners, please visit Our partners page.

It covers behaviour both on campus and off (including online) and applies to students registered or studying at the University up until the point of award confirmation (including periods of leave).

There is no time limit for reporting incidents, but delays can make investigations more difficult.

Reports about staff, visitors and contractors, will be referred to the University Secretary who will determine the appropriate policy (in consultation with HR) to follow. This could include the Dignity at Work policy and procedure, the Staff Harassment and Sexual Misconduct Policy or the Intimate and Close Personal Relationships at Work policy.

Complaints about the University are addressed under the Student Complaints procedure.

Academic misconduct is dealt with under the Academic Misconduct procedure.

Research misconduct is dealt with under the Research Misconduct Policy and Procedures.

Misconduct in University accommodation is dealt with under the Misconduct in Accommodation policy.

In addition to or instead of its Disciplinary procedure, the University may apply its procedures on Support to Study, Fitness to Study and/or Fitness to Practise.

If it is clear or becomes clear that a health condition is the root cause of a student's actions, the case may be handled under Fitness to Study and/or Fitness to Practise instead. Students will be notified of any changes as appropriate.

The University Disciplinary Officer is impartial. They have delegated authority from the Vice Chancellor to decide which policy applies when a report is made, based on the evidence available. They may consult with other staff to ensure the right approach is taken.

If a complaint arises during disciplinary proceedings, the Disciplinary Officer and Complaints Officer will decide whether to:

• Address the complaint alongside the disciplinary case.
• Pause the disciplinary process to review the complaint.
• Wait until the disciplinary case concludes to handle the complaint.

All decisions will be communicated to those involved.

Cases involving the Complaints Officer or Disciplinary Officer, will be referred to the University Secretary and Registrar.

If new reports or counter reports arise during disciplinary proceedings, the Disciplinary Officer will decide if they will be included in the current case or addressed separately.

Behaviours addressed under the Students' Union or Sport Union policies may also fall under this Policy, and vice versa, as deemed appropriate.

If either party withdraws during an investigation or during provisional action, or has a withdrawal enforced, the investigation may still proceed to determine if a policy breach occurred. Penalties cannot be applied if the individual is no longer a student. If the student reapplies, the case may be re-opened.

The University may pause investigations if investigators are subject to harassment, or abuse. In such instances disciplinary action may be taken.

No action will be taken if a report is found to be baseless and made in good faith. However, malicious reports or reports designed to cause disruption or annoyance may result in disciplinary action.

Principles underpinning the University's approach to disciplinary matters

All reports will be taken seriously, and appropriate action will follow based on the evidence available.

• The University encourages students to safely challenge inappropriate behaviour and report it through Report and Support.
• Investigators, members of the Appeals and Conduct Committee and decision makers will be trained in the application of this policy. 

The University will promote a culture of inclusion, safety and wellbeing.

• The University values open and respectful dialogue, debate, and dissent, while ensuring that the community remains free from discrimination, harassment and victimisation. Everyone has the right to share their views respectfully and be treated with dignity.
• Collaborating with the Students' Union, the University emphasises zero tolerance for student misconduct through awareness raising campaigns, participation in national campaigns such as Sexual Abuse and Sexual Violence Awareness Week and 16 Days of Activism Against Gender-Based Violence, as well as University and Students Union led initiatives throughout the academic year.
• Consent training, which includes active bystander training (available on Moodle), is mandatory for all new starters (staff and students). Opt-out options are available for example for individuals who have experienced or witnessed sexual violence.

The University will be committed to fairness.

• The University abides by the principles of natural justice. This means that the university ensures that:
  • The responding student is informed of the reports made against them.
  • The responding student has the chance to respond.
  • A fair and unbiased investigation/hearing is conducted.
  • A process is available to appeal against the finding or sanction.
• Non-disclosure agreements in cases of harassment or sexual misconduct are never used.
• All staff will conduct these proceedings with impartiality and discretion whilst offering support to all students.
• The University will consider requests for reasonable adjustments for disabled students to ensure fairness. Students should contact Casework at casework@yorksj.ac.uk to discuss specific adjustments.
• The University decides cases based on the balance of probabilities, meaning it assesses whether something is more likely than not to have happened.
• Investigations will be evidenced based. Hearsay evidence may be considered, but its reliability and weight will be assessed in the context of all available evidence. The nature of the hearsay, the availability of direct evidence, and any corroborating information will be considered before deciding how useful and trustworthy it is.

The University will give careful consideration to legal and criminal matters.

• If a behaviour could be a criminal offence, it should be reported to the Disciplinary Officer for advice on involving the police.
• The University disciplinary procedures are not a substitute for the criminal justice system; the University cannot decide whether a crime has been committed.
• While the University cannot conduct criminal investigations, it will cooperate fully with the police and legal proceedings - see Section 15.

The University will support students.

• Usually, students can bring one supporter to disciplinary meetings. This can be a staff member, a current registered student or Students’ Union representative. Requests for an additional supporter may be permitted with the agreement of the Disciplinary Officer, for example disabled students may also request a practitioner to be in attendance.
• The supporter cannot be anyone connected to the investigation.
• Supporters provide moral support; they cannot speak on behalf of students or interpret their responses. The student will be asked to provide the name of the supporter and the capacity in which the supporter is attending in advance.
• Where disciplinary action is required within the first 3 months of the student’s studies and supportive links may not have been established, alternative supporters may be possible. Approval should be sought from the University Disciplinary Officer or their nominee.
• Legal representation is not usually required, as university disciplinary procedures are internal processes. However, in cases where the seriousness of the report, complexity of the evidence, or potential consequences for the student warrant legal support, students have the right to request legal representation.
• Students seeking legal representation must notify the Disciplinary Officer at least three working days before the meeting or hearing. Legal representatives will typically act as supporters, following the same rules as other supporters. However, in cases where procedural fairness requires active legal participation, such as where the case involves complex legal issues, significant penalties (for example expulsion), or the need for effective cross-examination, legal representatives may participate fully in the proceedings.
• Exceptional circumstances in which full legal representation may be permitted include, but are not limited to:
  • The seriousness of the report, particularly where the outcome may significantly affect the student's education or future career.
  • The complexity of the evidence or legal issues involved in the case.
  • The student's ability to present their case, including any factors affecting their ability to understand or engage with the process.
  • The need for fairness in cross-examining witnesses or evidence, ensuring a balanced and just hearing.
  • Other procedural fairness considerations, including the University's own legal representation.
• Decisions on legal representation will be made by the Disciplinary Officer, who will ensure that students are not disadvantaged in presenting their case.
• All students will be signposted to wellbeing and welfare support services throughout disciplinary proceedings. In certain cases, the University Disciplinary Officer or Casework team may request these teams to contact students directly.
• In cases related to harassment and/or sexual misconduct cases, the Responsible Person or Investigating Officer will meet with the reporting student to talk about available options (more than 1 option can be taken):
  • Request a formal investigation (informal resolutions are usually not suitable).
  • Report the incident to the police.
  • Seek internal or external support.
  • Choose to take no further action. (The University reserves the right to refer a matter to the police. This would usually be discussed with the reporting party).
• Specialist sexual violence support is available to reporting students, if requested, and where available.

The University will provide timely resolutions.

• The University acknowledges it can be very distressing for all parties if the procedures become prolonged. The University aims to complete investigations as quickly as possible but within 60 working days and appeal within 30 working days. Delays may occur in complex cases. If we cannot make these timeframes, we will explain why.

The University will be committed to learning lessons.

• The University is committed to learning from reported incidents. Anonymised reports are periodically reviewed to identify trends, inform prevention efforts and improve support services. Annual updates are shared with the Academic Board and Board of Governors for scrutiny.

Information on roles and responsibilities and support and advice during disciplinary proceedings can be found on our Dignity and Respect page.

Information on reporting inappropriate behaviour can be found on our Reporting inappropriate behaviour page.