C1b: Harassment and Sexual Misconduct Procedure

As a student, you can report another student to ORMS.  If your report relates to either sexual misconduct or harassment, we can use either the Disciplinary process, or the Sexual Harassment and Misconduct procedures detailed below.

For a full definition of harassment and sexual misconduct, see ORMS’ C7: Harassment & Sexual Misconduct Policy

Harassment and Sexual Misconduct Procedure.

If you want action taken that limits your possible interaction with the other student, you can use the ORMS’ C1b Harassment and Sexual Misconduct Procedure for handling cases of Harassment and Sexual Misconduct.

  • The Procedure will not make any findings or decisions about whether the harassment or sexual misconduct has taken place;
  • No record of your report will be held on your or the other student’s file;
  • Following investigation, outcomes can include a conduct agreement, which can stop a student contacting you or being able to access certain areas where you may be training or being assessed; or a behaviour awareness assessment for the other student.
  • If you want action taken that may lead to ORMS making a finding of wrongdoing or imposing penalties on a student, then ORMS can use its C1a: Misconduct Procedure.

You can report a student by sending us an email following the outlines set out below.  The information will be considered using the process outlined in the Harassment and Sexual Misconduct Procedure. If the harassment or sexual misconduct took place over 3 months ago, you will need to confirm the reason for reporting the complaint now, for example, that it was being investigated by the Police, or that you had not decided whether or not to report.

Harassment and Sexual Misconduct Procedure – Initial Report

In reporting the behaviour, we need to know the following. Information you provide is likely to be shared with the person you are complaining about.

  1. The name of the student(s)
  2. The details of the harassment or sexual misconduct. Dates and other factual information will help to establish the facts more clearly.
  3. Identify if any actions have taken place since the events described, such as approaching the student, or speaking to a tutor.
  4. Attach or supply any evidence. This could include emails, texts, photographs etc.
  5. Tell us what action you would like to be taken. For example, the other student is required to join another course, or not to approach you. If they don’t agree to your suggested actions, ORMS will consider formal disciplinary action.
  6. Give details of any witnesses to the events. We will approach them to ask for their version of events. You should get their consent to do this.
  7. If you are getting support from someone else, let us have their details and we can keep them informed as to the progress of the investigation.

Once you have sent the email, ORMS will take the following steps:

  1. Acknowledge your email and tell you who will investigate your complaint.
  2. If ORMS believes that there is a significant risk to you or others, then precautionary action can be taken to prevent the student from contacting you or putting other people at risk while an investigation is ongoing;
  3. You will be informed about the action that ORMS will take within two weeks of your information being submitted (and usually sooner). Some complaints may not be referred for investigation using the Harassment and Sexual Misconduct Procedure, but an alternative process may be recommended instead;
  4. If your case is referred for detailed investigation, an investigator who has no knowledge of anyone involved will be appointed to try to establish the undisputed facts about what happened and any ongoing issues. The investigation will be conducted fairly and objectively, which is likely to require allowing the other student to see any evidence or information that you have provided;
  5. If you are willing to do so, the investigator will arrange to meet with you to discuss your complaint in more detail. You can bring a supporter with you to any meetings, such as your Tutor, a professional advisor or a friend. Although it is not envisaged that it will be necessary for you to bring a legal advisor, you may do so if you wish;
  6. The investigator will invite the person against whom you have made your complaint to a meeting and may also speak to others who may have been involved;
  7. Following the investigation, the investigator will then write a report and recommend a course of action;
  8. You will be informed of the suggested action, if both you and the other student agree to the action this will be confirmed by letter. If one of you does not agree to the suggested action then with your agreement, the behaviour will be considered using ORMS C1 Misconduct Policy.

Courses of action can include:

  • No further action: if you are unhappy with this decision you can request a review
  • Mediation: where you want this to take place because you think it would reassure you about future behaviour
  • Conduct Agreement: the other student agrees to specific restrictions
  • Suspension of studies: the other student agrees to have a temporary break from study
  • Behaviour Awareness Assessment: a confidential assessment for the other student
  • Referral to ORMS Misconduct Procedure: the complaint, with your permission, would be considered by ORMS’ Student Affairs Committee who would make findings about whether ORMS’ (and possibly HCPC’s) rules have been breached and, if so, could impose a sanction.

When will ORMS C1a Misconduct Procedure be used?

The ORMS C1a Misconduct Procedure will be used for enrolled students on ORMS and Awarding Body courses. The disciplinary procedure for students taking courses at RGU will be the procedure that is provided by that institution.

Cases will be referred to ORMS’ Student Affairs Committee, with your agreement, if you or the respondent do not agree to the suggested actions under the Harassment and Sexual Misconduct Procedure, or you want ORMS to consider making a finding of wrongdoing and impose penalties on the other student. As the courses that ORMS provides are regulated by HCPC, we may initiate a Fitness for Practice inquiry as there may be wider implications of the conduct you are complaining about.

If a case is referred to the ORMS C1a Misconduct Process:

  • The investigating officer will decide whether there is enough evidence to consider ‘charging’ a student with a breach of ORMS’ regulations;
  • If there is not enough evidence to ‘charge’, the investigating officer can take no action or request further attempts are made at resolution;
  • If the student is ‘charged’ then there is likely to be a hearing and you may need to attend as a witness;
  • At the hearing a panel will decide whether the student has breached ORMS’ policies. This decision will be based on whether the panel think it is beyond reasonable doubt that ORMS’ policies have been breached;
  • If the policies have been breached, then the panel can impose sanctions as set out in ORMS’ C2: Student Conduct Policy. In the most serious cases this can include temporary or permanent exclusion from ORMS.
  • If the matter is referred to the Student Affairs Committee following the Harassment and Sexual Misconduct Procedure, the investigator’s report, the decision made following the report and the reasons for the decision will be made available for consideration by the Student Affairs Committee.

As the person who reported the student, you will be kept informed of the proceedings and will be formally notified of the outcome of any disciplinary hearing.

See also:

ORMS C1a Misconduct Process

ORMS C2 Student Conduct Policy

C7: Harassment & Sexual Misconduct Policy