Policies, Procedures and Guidance

Current Policy 

Access the full policy here: Prevention of Bullying, Harassment and Sexual Misconduct Policy

Summary of Aims and Objectives

The University aims to promote a culture where harassment, sexual misconduct or bullying of any student or member of staff is unacceptable. This policy sets out the expectations of behaviour of our staff and students and provides approaches for dealing with allegations of bullying, harassment and sexual misconduct. It aims to protect students, employees and all connected with the University from sexual harassment and inappropriate behaviour.

Definitions are available within the policy or can be found on the information pages of my.cumbria.

Scope

The definitions, policy principles and roles and responsibilities outlined within this policy apply to any student enrolled on a course of study with the University of Cumbria whether or not the enrolment leads to a final award, wherever the student is based and regardless of the level or mode of study.

The definitions, policy principles and roles and responsibilities outlined within this policy also apply to all University employees.

For the purposes of this Policy, ‘employees’ are defined as any individual either employed or engaged by the University on a paid or unpaid basis to carry out work for the University under any type of employment contract. This includes:

• Students undertaking paid or unpaid work
• People designated as workers for the University.
• Agency workers and honorary appointments
• People working on a voluntary basis at the University and those working as contractors are also bound by the terms of this Policy as is any person engaged with or representing the University.

This policy is designed to cover instances or alleged instances of Sexual Harassment. Consensual relationships and interactions between Students, Staff and third parties are covered in the Professional Relationships between Employees and Others Policy.

Any student who believes they, or another student is being bullied or harassed by another University of Cumbria student or employee, and any student who may be the subject of such an allegation, should also refer to the advice and guidance set out in the Student 
Prevention of Bullying Harassment and Sexual Misconduct Procedures.

Concerns regarding instances of allegations of alleged staff misconduct related to this policy will be dealt with under the Staff Prevention of Bullying Harassment and Sexual Misconduct Procedures.

Disclosures that are not about a University of Cumbria student or employee, for example concerns about a colleague within an apprentice’s workplace setting, need to be directed to the relevant organisation for consideration. 

Staff Procedures

Reporting Channels for Employees

Where appropriate employees should raise a complaint to their line manager in the first instance. Complaints about a line manager would normally be raised to the next level manager. The relevant manager will liaise with People & Culture to determine whether to make arrangements for an investigation to be undertaken in accordance with the University’s Disciplinary Policy and Procedure. The University will aim to deal with all complaints in a fair, balanced and proportionate way.

Employees can make an anonymous disclosure of misconduct via the University’s online reporting tool. However, no formal action under the relevant procedures will be taken about any matter that has been disclosed anonymously unless it is possible to verify the matter reported from sources that are not anonymous. Anonymous information may be used to identify trends and shape our prevention and support provision.

The Student Casework Officer will be notified by People & Culture team if the disclosure is against a student and the allegation will be progressed through the Student Code of Conduct and Disciplinary Regulations.

Any employee suspecting sexual harassment between a colleague and a student or another stakeholder is encouraged to report or disclose this to their line manager or use another appropriate reporting channel as outlined in this policy.

Investigations into Complaints or Allegations

Any investigations into allegations of sexual harassment by employees will be conducted under the University’s Disciplinary Policy and Procedure. Investigations into allegations of sexual misconduct by students will be conducted under the Student Code of Conduct and Disciplinary Procedure.

Sexual harassment may also lead to a criminal investigation being instigated into the actions of an employee or student.

Confidentiality will be maintained as much as possible, subject to any requirement to involve witnesses, or external agencies where a criminal offence may have been committed or where maintaining confidentially would pose a risk to the person making the report, or to others.

Support and Advice for Employees

There are many sources of support available to employees prior to making a complaint or to both complainant and alleged perpetrator once a complaint has been made. These include:

• Line managers as first point of contact.
• People & Culture team to initially direct staff and managers to the appropriate process and sources of support.
• The Employee Assistance Programme
• A confidential counselling service operated by the Occupational Health provider.
• The chaplaincy service is available and is not dependent on religious belief.
• Union representatives (for union members).
• The University’s Equality Diversity and Inclusion Officer

Student Procedures

Reporting Channels 

Students who wish to disclose an issue relating to bullying, harassment or sexual misconduct can use the “Report” tool on the “You Report, We Support” pages accessed via the Student Hub.

Staff who receive a report or disclosure from a student should direct the reporting party to the support available on You Report, We Support.

Students can make an anonymous disclosure of misconduct via the University’s online reporting tool. However, no formal action under the relevant procedures against a particular student will be taken about any matter that has been disclosed anonymously unless it is possible to verify the matter reported from sources that are not anonymous. Anonymous information may be used to identify trends and shape our prevention and support provision.

Any disclosures made via “You Report, We Support” will be received into the Student Case Management System, in a confidential closed area.

The reports are automatically work flowed to the Safeguarding Team: Head of Student Support and the Mental Health & Wellbeing team. 

Where the identity of the reporting party is disclosed a member of the Safeguarding Team will contact the student to discuss their welfare, support needs and formal reporting options (both internally and externally).

A reporting party must make a formal report before the allegations can be considered under the relevant procedures. Formal reports regarding alleged issues of bullying harassment or sexual misconduct which may amount to a breach of the Student Code of Conduct should be submitted via email to the Student Procedures team (studentprocedures@cumbria.ac.uk). Alternatively, if the reporting student has made a disclosure through the You Report, We Support tool they can confirm via email to the Student Procedures address that they wish their You Report, We Support disclosure to be accepted as a formal report.

No formal action against a particular student will be taken about any matter disclosed without a discussion with the person making the report. For formal action to be taken the reporting person would need to confirm they wished their disclosure to be used as a formal report, unless the notification is of a type that is governed by our statutory Safeguarding duty. In this case, the notifying student will be informed about the action to be taken.

Investigation Process 

Where a student wishes to make a formal report through the internal University processes, raising concerns against another student, this will be Investigated and dealt with via the Student Code of Conduct, and Disciplinary Procedures. Where a student wishes to make a formal report through the internal University processes, raising concerns against a member of staff, this will be investigated through the relevant People & Culture policies and procedures as listed in section 6 of the full policy. 

Support and Advice for Students

Pastoral support will be made available to a victim of alleged sexual misconduct, harassment, bullying, or violence in accordance with University policies.

A student alleged to have engaged in harassment or sexual misconduct, whether under investigation by the Police or by the University, will normally be subject to precautionary actions, in line with the Precautionary Actions and Suspension Procedures, which will be determined based on a risk assessment of the case.

Where possible, they will be supported to continue to engage with their programme of study. Students responding to such allegations will also be offered pastoral support.

Students’ Union: The Students’ Union offers an independent source of information, advice and guidance. Information about the Students’ Union Student Support Team can be found online: http://www.ucsu.me/support.

Students with a disability/specific learning difficulty: Students who have a disability and/or specific learning difficulty will be offered reasonable adjustments if that is necessary to assist them during the process. Adjustments will be relevant to the disability and/or specific learning disability. Students requiring reasonable adjustments should declare that to the University at the earliest opportunity. 
Students with mental health conditions can also seek support from the University’s Mental Health and Wellbeing team.

Students who are sponsored by the University under the UK Visas & Immigration (UKVI) regulations should be aware that non-compliance with their Student Route Visa responsibilities might result in the withdrawal of University sponsorship and therefore termination of their right to remain in the UK. International students should seek visa advice from the UKVI Compliance team 
(ukvicompliance@cumbria.ac.uk)

Previous Versions 

Access the previous University policy here: Prevention of Bullying, Harassment and Sexual Misconduct Policy

 

Access the full policy here: Student Code of Conduct Policy

This Student Code of Conduct explains the University’s expectations relating to the behaviour of its students in meeting social responsibilities, legislative and regulatory requirements, professional expectations and standards. As a student you must behave in accordance with this Code of Conduct. 

Scope

Who does the Student Code of Conduct apply to?

The Student Code of Conduct applies, but may not be limited to:

All students enrolled on any programme of study at any level delivered by or on behalf of the University. This includes undergraduate and post graduate students (both taught (including PGCE) and research), foundation degree students, learners registered on a University of Cumbria Apprenticeship, students on CPD or short courses.

When does the Student Code of Conduct apply?

The Student Code of Conduct applies, but may not be limited to:

• Student behaviour both on and off campus including within placements, work settings and the wider community.
• Student behaviour at any time while a student, including term time and also during holiday time, and other absences from the University or from studies.
• Conduct in connection with any application to the University
• With the exception of applications, the Student Code of Conduct does not typically apply to conduct before or after a student studies at the University. However such conduct may still be relevant to this Code of Conduct, for example if a student fails to declare some past conduct that should have been declared to the University, or admission after a student ceases studies of conduct that would have been a breach of this code had it been known at the time.

Alleged breaches of this Code of Conduct may continue to be investigated regardless of whether a student has completed or ceased studies.

Additional requirements

Students registered with a collaborative partner institution are also subject to the student code of conduct policies and procedures of their own institution/organisation. Students should refer to their programme handbook or equivalent document for information. In addition to other requirements of this policy, apprentices are subject to the requirements specified in the Government’s Apprenticeship Funding Rules. These requirements are set out in the compliance documents signed at the start of an apprenticeship (currently called the Training Plan). These requirements include, but are not limited to:

• Actively engaging in the programme and responding to communications.
• Submitting monthly ‘off the job’ hours records.
• Engaging in regular progress reviews (tripartite reviews).
• Signing reviews and other compliance documents in a timely manner.

Access the full policy here: Student Disciplinary Procedure Policy

Scope

The Student Disciplinary Procedure sets out the range of steps the University can take when an allegation, concern or grievance is made against a student, or a group of students, to decide whether or not the Student Code of Conduct has been breached. The Procedures also set out the range of sanctions which may be applied where the Disciplinary processes have determined that a breach of the Student Code of Conduct has occurred. 

• The Student Disciplinary Procedures apply, but may not be limited to:
• Any alleged breaches of the Student Code of Conduct.
• Any alleged breaches of a relevant Professional, statutory and regulatory body Code of Conduct (where these apply) or other requirement (where this is within the University’s remit).
• Alleged breaches of the Student Code of Conduct or PSRB code of conduct (where these apply) arising from the outcomes of a Fitness to Practice Professional Practice Case Conference, in respect of issues of “Good Character”: behaviour, conduct or professionalism.

Students enrolled with other institutions will be subject to the Disciplinary procedures of their own institution or organisation. 

An allegation, concern or grievance may be made against a University student by:

• Another student or group of students;
• A member of staff of the University;
• A University representative, including mentors, placement-related staff and other agents of the University;
• A practice learning/placement partner;
• A member of the public, service user and/or carer

Allegations by a student should normally be made by the student themselves. Representation by a family member, friend or other 3rd party may be agreed as an assessed reasonable adjustment where a student has a disability, including Specific Learning Differences (SpLD). Written consent will be requested from the student.

Access the full University policy here: Code of Conduct - Employees

The University’s Code of Conduct provides a framework of behaviours and standards within which employees are expected to conduct themselves. The Code covers many important issues although it is not intended to be exhaustive. The Code applies to everyone, as all employees are required to be honest, have integrity and be respectful of colleagues, students and other stakeholders. Employees are also ambassadors who can enhance the reputation of the University.

Employees are expected to comply with this Code of Conduct and the University’s policies and procedures. Any breach may result in disciplinary action in accordance with the Disciplinary Policy.

Access the full University policy here: Grievance Policy - Employee

This policy and procedure applies to all employees of the University of Cumbria, who work under a contract of employment, with the exception of holders of senior posts (holders of senior posts are those posts referred to in the Memorandum and Articles of Association as “Vice-Chancellor, and the holders of such other senior posts of the University as the Board of Directors shall from time to time determine) for whom separate procedures apply.

The University is committed to providing a positive and supportive working environment for all employees and recognises a formal grievance policy and procedure is necessary for the effective operation of the University by encouraging all employees to raise problems which cannot be resolved informally. The University also recognises that formal grievance policy and procedure is a necessary part of ensuring that all individuals are treated fairly and consistently.

A grievance is a problem, concern or complaint somebody may raise about any act or omission by the University, which has a negative impact on their work, working conditions or relationships with colleagues and specifically the circumstances listed in Appendix 1. This policy shall apply to all grievances (including collective grievances if appropriate to the circumstances, although amendments to the procedure may be made to accommodate collective grievances). Note: there are separate procedures in relation to job evaluation and grading of roles.

The formal procedure should only be invoked following all attempts to resolve the grievance informally, unless this is not reasonably feasible.

The University and the recognised trade unions strongly encourage employees with a grievance to approach their immediate line manager (unless paragraph 4.3 applies) promptly and informally in the first instance. Where deemed appropriate informal approaches, i.e. facilitated meetings, mediation etc. may be considered as a means of resolving an issue. However, where employees are unable to resolve the grievance informally then the procedure outlined below provides a formal process for addressing the issue

Note: In any complaints of alleged bullying, harassment, violence or discrimination, the person receiving the allegation should contact HR (People and Culture) before any action is taken. In cases where an employee makes a number of allegations but refuses to engage in an investigation process, the University reserves the right to conduct an investigation based on the information received.

Access the full University policy here: Disciplinary Policy - Employees

This policy and procedure applies to all University of Cumbria employees who work under a contract of employment, with the exception of holders of senior posts (holders of senior posts are those posts referred to in the Memorandum and Articles of Association as “Vice-Chancellor, and the holders of such other senior posts of the University as the Board of Directors shall from time to time determine) for whom separate procedures apply.

Where an employee raises a grievance during a disciplinary process, the disciplinary process will continue and where the grievance and disciplinary cases are related it may be appropriate to deal with both issues concurrently.

The University recognises that disciplinary rules and procedures are necessary for the effective operation of the University by encouraging all employees to achieve and maintain satisfactory standards of conduct and behaviour. The University also recognises that disciplinary rules and procedures are a necessary part of ensuring that all employees are treated fairly and consistently.

Some cases of unsatisfactory conduct or very minor breaches of discipline can be resolved informally, in the first instance, by giving guidance, advice, training, coaching and/or support to the employee concerned. The line manager will ensure that the employee is aware the misconduct has occurred and what improvement is required.

Managers are responsible for addressing conduct and behavioural issues as early as possible and for taking appropriate action. Support and guidance for managers is available from HR who should be contacted before any disciplinary action is taken.

This policy and procedure provides a formal process for resolving disciplinary matters and will be applied fairly in all instances. The need to take disciplinary action will arise where an employee’s behaviour and/or conduct falls below the standard required by the University.

This policy and procedure should be used to help and ensure employees uphold the acceptable standards of conduct and to ensure the safety and well-being of all employees. It is designed to provide a fair and transparent process for dealing with situations where misconduct is alleged.

Current Policy

Access the full University policy here: Personal Relationships at Work Policy

The University is committed to maintaining a safe environment for all students and employees. We are also committed to ensuring that decisions are made free of bias and conflict of interest. Some personal relationships can give rise to an actual or perceived breach of those principles, which can have a negative impact on the University and the individuals concerned.

In order that University business is conducted in a professional manner, it is necessary to distinguish between personal and professional relationships. Emphasis is placed on the responsibility of employees not to abuse power and trust in employee/student 
relationships.

Compliance with this policy will protect both employees and students and ensure the continued quality of the learning process. 

The university recognises that socialising on a friendship basis between employees and students is a positive aspect of being an active member of the university community, however the nature of employees/students and employees/employees relationships imposes responsibilities and duties on those employees. This policy sets out the expectations and obligations of employees with respect to personal relationships between employees/students and between employees/employees, and is intended to ensure that appropriate processes are in place to prevent abuses of power and allegations of actual or perceived conflicts of interest.

This policy prohibits the forming of intimate relationships between employees and students. 

Previous Versions

Access the previous University policy here: Professional Relationships Between Employees and Others Policy