Procedure for Complaints of Harassment (Students)

The Green Templeton Harassment and Bullying Policy applies to all members of the College, including all employees, staff, students, fellows and all contractors and visitors to the College. The policy covers harassment, bullying and victimization. This Procedure deals with complaints of harassment and bullying made by current Green Templeton students against other current Green Templeton students.

2. Complaints of harassment and bullying which involve non-Green Templeton University of Oxford students, or which relate to alleged incidents taking place in a ‘University Context’, will be dealt with under the University of Oxford Student Disciplinary Procedure (Non-Academic Cases).

3. Complaints of harassment and bullying brought by students against College-only staff will be dealt with under the staff Procedure, and complaints by students against University staff will be dealt with under the University procedure. Support from the Dean of Welfare and Harassment Advisors is available to students who wish to make or have made a complaint of harassment against a member of staff, under the staff Procedure.

4. If a student is unsure whether a particular instance of harassment falls under the University’s procedures or College procedures, they should seek advice in College from the Dean of Welfare, Senior Tutor or Academic Registrar.

5. This Procedure defines harassment and bullying as outlined in the College Harassment and Bullying Policy.

6. Green Templeton College strongly encourages any Green Templeton student who thinks they may wish to make a complaint of harassment or bullying to contact the College Dean of Welfare, Senior Tutor or Academic Registrar. In all cases a student will be supported by the Dean of Welfare, members of the College’s Welfare Team and the University’s central services (as appropriate).

7. If a member of College staff wishes to make a complaint of harassment against a student, they should seek support and guidance from the HR Manager, who should consult the Dean of Welfare or Senior Tutor as relevant.

8. The Dean of Welfare and College Welfare Team will provide support to students, and to staff requiring advice on student cases. The Dean of Welfare will have oversight of all cases referred to them under this Procedure, and will take the lead as appropriate in liaising with other parts of the collegiate University. The Dean of Welfare will act as a source of information and advice for the College on student cases of harassment, and will make referrals as appropriate. They will also be responsible for recording and reporting cases referred under this Procedure.

9. In serious cases, it is likely to be appropriate to proceed directly to stages 2 and 3 of this Procedure.

10. This harassment Procedure may not be applicable where the allegations are of behaviours that may attract criminal sanction. These cases may include, but are not limited to, cases of serious assault or threat of serious assault. In the first instance such allegations will normally be a matter for police investigation and action. This harassment Procedure therefore focuses on complaints of harassment which can be dealt with within the College environment. However, it also includes the procedure for informing and receiving support from the College in cases where there is police involvement.

Stage 1 – Informal action

11. In some cases, a student who feels that they are being harassed by another student, if they feel able, may approach the person in question to explain what conduct they find upsetting, offensive or unacceptable, and to ask that person to refrain from that behaviour. At no time should a student feel obliged to approach an alleged harasser. A student who feels that they have been harassed or bullied is not responsible for rectifying the situation, and in serious cases it may be appropriate to proceed directly to stages 2 and 3 of this Procedure.

12. Before taking informal action, a student may contact the Harassment Line (harassment.line@admin.ox.ac.uk) to reach a Harassment Advisor with whom they can discuss the situation. Harassment Advisors will not approach the alleged harasser on behalf of an individual. In cases of alleged sexual harassment, a student reporter is strongly advised to contact the University’s confidential and specialist team, the Sexual Harassment & Violence Support Service (SH&VSS).

13. Other sources of advice when considering informal resolution include the College Welfare Team, including the Junior Deans, Senior Tutor, Academic Registrar and Student Peer Supporters, and OUSU’s Student Advice Service (advice@ousu.org).

14. These sources of support and advice are also available to students who have been accused of harassment or bullying.

Stage 2 – Student Welfare and Support Services

15. If informal action does not succeed in resolving the situation, or would not be appropriate given the nature of the behaviour, a student can contact the Green Templeton Dean of Welfare or University Harassment Advisors for support and advice.

16. The Dean of Welfare will refer the student to a member of College (staff, student or fellow as appropriate) who is trained in dealing with harassment cases, and who will be available to support the student throughout the process, including if they decide to move to Stage 3 and make a formal complaint. They will also provide support following the outcome of any formal complaint.

17. Actions will vary depending on the case. Actions by the trained staff member may include:

a) Giving advice on options for ways to proceed, and helping the student to make decisions on the action they want to take.

b) Directing the student to appropriate support services (such as the Student Counselling Service, Harassment Advisors, SH&VSS and OUSU Student Advice Service).

18. The Dean of Welfare will oversee all cases, and will advise and act as appropriate. Actions taken by the Dean of Welfare may include:

a) Facilitating a mediation or conciliation process with an experienced, external practitioner.

b) Recommending precautionary measures. These measures will only be implemented if all parties (reporter, subject, and College) agree, and if the measures will result in the minimum restriction required to protect the relevant individuals. Precautionary measures may apply to the reporter or the subject, and may include (without limitation): a no contact arrangement; a ban from, or time constraints for, accessing particular College buildings or services; moving either the reporter or subject to alternative College or University accommodation; and/or, where no other option is appropriate, a temporary suspension of studies (subject to endorsement by the relevant University department(s)).

c) Referring a case to the University, if it transpires that the alleged harassment took place outside the College context and within the University context (defined in the University of Oxford Student Disciplinary Procedure (Non-Academic Cases)).

d) Ensuring that relevant members of staff within the collegiate University are informed of the case if appropriate, with the reporter’s consent, and having due regard for obligations of confidentiality owed to others.

19. Support from the Dean of Welfare, College and University Welfare/Support Services and Harassment Advisors, or those designated by them, is also available to students against whom complaints of harassment have been made. Actions taken will vary depending on the case, but the support will be equivalent to that available to a student who feels that they are being harassed by another student, including referral to appropriate support services, and facilitation of a mediation or conciliation process if both parties agree. The Dean of Welfare will ensure that, where a reporter and subject are both seeking support, they will be dealt with by different members of staff, who will maintain appropriate confidentiality.

20. Brief records will be kept of all meetings held and actions taken in relation to the case at this stage (see ‘Confidentiality’ below).

Stage 3 – Formal written complaint

21. If action taken at stages 1 or 2 does not resolve the situation, or would not be appropriate given the nature of the complaint, the student can make a formal written complaint to the College Dean of Discipline, or to the Senior Tutor, who will involve the Dean of Discipline. In some cases, it will be appropriate to proceed directly to this stage.

22. If the reporter has not already been offered appropriate support from a trained member of staff, the Dean of Discipline will ensure that this is offered.

23. A formal complaint should normally be made as soon as possible after the event(s) to which it refers, or normally within one month of the completion of any resolution attempts made at stages 1 and 2.

24. In their formal complaint, the reporter should set out as clearly as possible:

a) the nature of the behaviour that they are concerned about;

b) the effect of this behaviour on them; and

c) where possible, the resolution they are seeking.

The complaint should include dates and details of any witnesses (if any) to incidents referred to in the complaint, together with documentary evidence (if any). The reporter should also explain, where appropriate, any attempts that have been made to resolve the difficulties. If the reporter has already made a statement about the behaviour under stage 2, this may be sent as their formal written complaint, with the proviso that the Dean of Discipline may request further information.

25. There may be circumstances in which a student is not willing, or able, to make a formal complaint but the Dean/Investigator or Dean of Welfare consider that the implications for the aggrieved person or others actually or potentially affected are serious. This may include cases where other parties, but not the aggrieved party, have made a complaint. In this case, the Principal, Senior Tutor or other senior member may initiate an investigation and decide on further action on the basis of such evidence as is available. The individual’s consent will normally be sought if disclosure is to be made, and a decision on disclosure will be made at a senior level.

26. The Dean of Discipline, or another person appointed by them, the Investigator, will investigate the case to establish the relevant factual evidence and decide on any actions which should be taken. In the absence of the Dean of Discipline or their involvement in a complaint, the Principal can ask another suitable person to take on the Investigator role. Subsequent actions may include:

a) informing the subject of the allegations against him or her;

b) meeting separately with the reporter and the subject;

c) speaking to other relevant people on a confidential basis; and/or

d) obtaining further relevant information.

At all times both parties will have the right to be accompanied at meetings by another student member of the College, a member of the College Welfare Team, a senior member of the College, or a member of staff from OUSU’s Student Advice Service; or any other friend or individual they choose.

27. The College will make every effort to achieve a prompt outcome to the complaint, aiming to conclude the complaint within a period of one month. Both the reporter and the subject will be expected to co-operate with the College in achieving that result. If it is not possible to resolve the issue within this timeframe, for example for reasons of complexity or the absence of relevant parties from Oxford, both parties will be informed.

28. At all times both the reporter and the subject will be kept informed of proceedings, and will be referred as appropriate to sources of support and advice. Both parties will be informed in writing of the outcome of the investigation of the complaint.

29. In some circumstances, in the interests of the reporter and/or the subject, it may be necessary for interim action to be taken, pending the outcome of the investigation. This may include arrangements to limit contact between the parties concerned.

30. The standard of proof used when making determinations under this procedure is the balance of probabilities. This means that the Dean of Discipline (or appointed Investigator) will conclude that an allegation of harassment is supported when they are satisfied that it is more likely than not that the conduct which is alleged has occurred.

31. Investigation of a formal written complaint of harassment may result in:

a) Deciding that the subject should face disciplinary procedures under the College’s Disciplinary Policy and Procedure.

b) Precautionary measures in College, or recommendations on necessary actions to a department/faculty. The Senior Tutor (College) or Head of Department/Director of Graduate Studies (University Department) will have responsibility for implementing and monitoring any actions. The Dean of Welfare and University Director of Student Welfare and Support Services will be available to advise.

c) Signposting either or both parties to appropriate support services.

d) Referring a case to the University, if it transpires that the alleged harassment took place in a University context. If the complaint results in action by the University disciplinary panel then the subject can appeal through the University disciplinary appeals process.

e) No further action other than, where appropriate, implementing or suggesting steps that would help to restore reasonable relationships between the parties. This approach will usually be appropriate where the claim(s) of harassment are considered to be unfounded and where there is a continuing relationship between the parties.

f) In rare cases, disciplinary action may be instituted against the reporter if there is positive evidence that the complaint of harassment is untrue and vexatious, malicious, or not made in good faith.

32. If the reporter or subject is not satisfied with the outcome following the investigation of the formal written complaint, they can appeal this decision. An appeal will be heard by a suitable member of College not otherwise involved in the process and appointed by the Principal. Individuals that have exhausted all mechanisms of appeal within College may apply to the Office of the Independent Adjudicator for Higher Education (OIA) for a review of the case. The reporter or subject should seek advice from the Dean of Welfare or Senior Tutor if they are considering taking this action. If applying to the OIA they must do so within three months of the date of receiving a College ‘Completion of Procedures’ letter.

Referrals

33. On occasion, complaints of harassment which should be considered under this Procedure may be made to staff other than the Dean of Welfare. In this situation, staff should signpost this Procedure, and ask the student if they would like the case referred to the Dean of Welfare, so that they can receive support from a trained staff member, or submit a formal written complaint.

34. If a student does not wish to seek support and advice, or to make a complaint, under stages 2 or 3 of this Procedure, or if there are queries about the procedure to be followed, staff can contact the Dean of Welfare, Senior Tutor or Academic Registrar for advice on a confidential basis. Any member of the collegiate University can contact the Proctors for advice and information on any matter.

Potentially criminal misconduct

35. This Procedure may not be applicable where the allegations are of behaviours that may attract criminal sanction. This would include, but not be limited to, cases of serious assault or threat of assault. Where the complaint is of potentially serious criminal behaviour by a student, the College will consider whether it would be appropriate for the University to investigate, given the University’s access to experienced external investigators. Issues including but not limited to those around teaching, examinations and accommodation/ social activity may need to be considered. In such a case, the Dean of Welfare will communicate with the Proctors.

36. Support for any student affected by sexual assault and sexual violence may be sought from the Dean of Welfare, the Senior Tutor, Academic Registrar or other College Officers. Further guidance and support resources are available from SH&VSS.

37. In addition, the Dean and/or Dean of Welfare will consider making recommendations to appropriate bodies regarding arrangements that would have the purpose of limiting contact between students for so long as may be considered reasonably necessary.

Confidentiality

38. Information concerning allegations of harassment must so far as reasonably possible be held in confidence by those to whom it is divulged. Information will be shared on a need-to-know basis and unnecessary disclosure of such allegations may attract disciplinary sanction. Once a formal complaint is pursued, it is likely to be appropriate and/or necessary for certain information to be provided to others within the College, the University, or to external bodies. The College will apply the University’s Policy on Confidentiality in Student Welfare.

39. Those to whom disclosure may be made outside the University include the police, the OIA, and the civil and criminal courts. The College will not normally report a matter to the police without the reporter’s agreement, except in those rare circumstances where there is sufficient evidence to suggest that an individual poses an extreme risk.

Records

40. The College and all those involved in this Procedure will comply with the principles of Data Protection Law as outlined in the College’s Privacy Notice for Students. These include ensuring that personal data is kept accurate and up-to-date, held securely, and not kept for longer than necessary.

41. Those interviewed in the course of any investigation will be asked to review the notes of their individual discussions with the investigator as soon as is reasonably possible in order to comment on any inaccuracies or omissions. All notes will be preserved during the process and until such time as the College’s internal processes and any external processes are concluded.

42. The Dean of Welfare should be consulted about filing and retaining any notes and documents related to this Procedure, all of which must be held in confidence.

43. The College will cooperate with any necessary University-wide harmonisation of data capture and reporting of harassment cases and outcomes, subject to confidentiality constraints.