Reporting

A Disclosure may relate to a Responding Party who is or is not a member of the university community. A Disclosure does not automatically result in a Report under our Sexual Harassment and Misconduct Prevention Response and Intervention Policy.

The University respects the right of the Reporting Party to choose how to take forward a Disclosure. Further guidance can be found in the section of our Sexual Harassment and Misconduct Prevention Response and Intervention Policy “Requests not to act” but should also be read in conjunction with “Respect for Confidentiality and Confident Information Sharing”.  

A Report can be made in one of the following ways:   

Staff who receive a Disclosure of Sexual Misconduct and/or Harassment should complete the On-line Referral Form as appropriate via our dedicated safeguarding pages. They may, if the Reporting Party requests, omit the name of the Reporting Party and/or Responding Party.  It is important to be clear regarding obligations of confidentiality and duty of care you have and that you will need to pass the disclosure on to university safeguarding.  

Reassure the reporting party that this does not automatically railroad them in to formalising their complaint, that can be explored in more detail with them. 

Staff must ensure that all disclosures of incidents are passed to the email (safeguarding@wlv.ac.uk) as a matter of urgency, within the same day of the disclosure, or at least within the following 24 hour period.   

If the reporting party makes a disclosure via the safeguarding email or reporting form, they will receive a response within 24-48 hours.  

Staff who do not have IT access   

The university acknowledges that some of our colleagues do not routinely use IT facilities as part of their day-to-day activities. This policy sets out an expectation that managers and directors of those areas communicate our reporting procedures and arrange access to the specific training set out within the prevention framework of this policy.   

Those colleagues should be provided with a designated contact person so that they can escalate and report concerns to, even if they don't have IT access. Directors and managers should conduct risk assessment reviews, which will involve regularly reviewing and updating the risk assessment, especially when changes occur in work practices or staff numbers. The risk assessment should also set out a control measure to ensure that this policy and frameworks are communicated so that those colleagues are aware.  

Students and Apprentice Learners who receive a disclosure 

Students and Apprentice Learners who receive a disclosure are encouraged to follow the same procedures as set out above for staff and inform university safeguarding or a member of university staff as soon as possible and without undue delay.   

For more information on what happens after a report is received, please look at our Sexual Harassment and Misconduct Prevention, Response and Intervention Policy. 

Investigating Incidents

The University Secretary and Designated Safeguarding Lead is the Lead Sexual Misconduct and Harassment Officer (LSMHO) and is responsible for the application of this Policy and Frameworks. The Director of Student Life and Principal Safeguarding Lead is the Deputy Lead for Sexual Misconduct and Harassment Officer (DLSMHO). 

Investigating Incidents

Following a Report the Head of Operational Safeguarding, in consultation with Principal Safeguarding Lead and Deputy Lead Sexual Misconduct and Harassment Officer (DLSMHO), the Director of Human Resources or the Associate Director of Complaints and Student Case work will provide the Reporting Party with their reporting options along with information on resources for specialist support.  

The University recognises that the Reporting Party may require time and reflection before deciding if they wish to progress with a formal complaint. The Reporting Party will be given the option and support to do one or more of the following:   

  • Report to the Police   
  • Report to the University   
  • Make no report of the incident and/or   
  • Receive advice on the support that is available.   

At all stages, the reporting party will be reminded that they can bring a trusted contact with them to any face to face or Microsoft Teams meetings. 

An IRM will be conducted within a maximum period of 3 working days from the time a report or complaint is received.   The initial review meeting will not include representatives for the reporting or responding party, or those parties themselves. The purpose of the meeting is to review all information received to that date and conduct appropriate risk assessments and management plans which include consideration of the reporting parties wishes and feelings about appropriate next steps.  

The membership of the IRM will depend upon the nature of the alleged incident and will be determined by the Deputy Lead Sexual Misconduct and Harassment Officer, under the delegated authority of the Lead   Sexual Misconduct and Harassment Officer. 

The membership will include, as a minimum:   

  • Deputy LSMHO (Chair) or a nominee in their absence.   
  • A Directorate of Student Life nominee  
  • Director of Human Resources (or their nominee, for staff referrals) and/or   
  • The Associate Director of Student Complaints and Case work or appointed deputy in cases involving students or apprentice learners or a nominee in their absence.   
  • A senior representative from the school/s of the student/s named in the report   
  • A senior representative from the Faculty or Professional Services Directorate of the staff member named in the report.    
  • At the discretion of the chair, the panel may also include external bodies such as the police or Local Authority Designated Officer.

Consider the academic, work, welfare and support needs of both Parties and of any other members of the University community directly involved in the Report and identify any actions required to ensure that those needs are met.    

Undertake a risk assessment to determine whether any precautionary measures need to be put in place to ensure that a full and proper investigation can be carried out (either by the police or University) and/or implement measures to reasonably ensure the safety and wellbeing of those involved during an investigation carried out by the Police or University.   

This meeting will determine what further action will need to be taken following evaluation and review of any disclosures.  If it is determined that further investigation is required, it will be established whether it will be carried out within the remit of this policy or whether any other policies and /or procedures such as the disciplinary policy or the Student Code of Conduct and Disciplinary Procedure will need to be invoked. 

Risk Assessment Templates can be found in Appendix 4, 5, and 6 of our Sexual Harassment and Misconduct Prevention, Response and Intervention Policy    

  • Imposing conditions on the Responding Party and/or Reporting Party (for example, requiring either Party not to contact certain witnesses or requiring either Party to move accommodation or prohibiting either Party from going to certain places within the University at certain times of the day)   
  • Suspending the Responding Party in accordance with the applicable policy and procedure.   
  • Identify the members of staff within the University with responsibility for supporting the Reporting Party and Responding Party and, where appropriate, inform them of the outcome of the IRM   
  • Ensure that arrangements are in place to maintain confidentiality as appropriate   
  • Review the involvement of external agencies (e.g. Sexual Assault Referral Centre and the Police)   
  • Decide/make recommendations about what the next steps should be and determine how to carry forward the decisions and/or recommendations that are made   
  • Consider any other actions relevant to the alleged incident.   

  • The provision of further or different support to the parties involved. The support measures may relate to academic, work, housing, finance, health and wellbeing matters   
  • The imposition of precautionary measures on either Party pending the outcome of the criminal and/or disciplinary process   
  • A recommendation to the Offices of the Vice Chancellor that a suspension be imposed on the Responding Party under the applicable policy and procedure pending the outcome of criminal investigations/proceedings and/or internal investigations/disciplinary proceedings   
  • A recommendation to the Director of Human Resources or Associate Director of Complaints and Student Case Work that the alleged incident be investigated   
  • Appropriate communication with the parties involved   
  • Collection of further information necessary to inform future management of the situation  
  •  A recommendation that an investigation into an alleged incident that has already commenced should be suspended or terminated   
  • Informing the Responding Party of the Report and the procedure for investigations and providing them with the option to participate in an investigation.   
  • Informing the reporting party of all actions that will be taken or will not be taken and why (actions that are in scope of the IRM meeting).    

 The risk assessment and any precautionary measures that are put in place will be reviewed monthly to assess the continued necessity and impact of the measures (these may be reviewed sooner depending on individual circumstances) and will be amended as appropriate. Additional IRM meetings may be convened by the DLSMHO as they believe necessary.   

Where the IRM, on the recommendation of the Director of Human Resources or the Associate Director of Complaints and Student Case work, determines that an alleged incident should not be considered under this procedure, the respective departments shall provide the Reporting Party with written reasons for the determination and information about their right to request a review.    

In the event an IRM, on recommendation of the Director of Human Resources or the Associate Director of Complaints and Student Casework concludes that the Report does not meet the threshold for further investigation by the University, the Reporting Party may request a review of that decision, in writing to the University Secretary within 20 working days of notification of the decision.   

   
 A request for a review can be made on the following ground only and should include any supporting evidence: New evidence that the IRM were not privy to and therefore could not have considered when reaching their determination.   

Investigations  

Where the IRM, on the recommendation of the Director of Human Resources or the Associate Director of Complaints and Student Casework, agrees that a Report should be further investigated, a formal investigation will be undertaken as quickly as possible. All Parties involved will be expected to maintain appropriate levels of confidentiality.   All information gathered/obtained/received by the IRM members will be provided to the appropriate investigating party to assist with the formal investigation.   
    
 The investigation will be undertaken in accordance with the applicable policy and procedure. 

An Investigator will be appointed, and the Investigator/s will act promptly and tactfully, always observing appropriate levels of confidentiality. The Investigator/s will take appropriate measures to provide a safe, comfortable and supportive environment in which to discuss the Report with the Reporting Party, Responding Party and any witnesses during investigation meetings.  

The Investigator/s may consult external parties to seek specialist advice as required while maintaining confidentiality.  The purpose of the investigation meeting is to provide each party with a full and fair opportunity to explain or present their version of events. Investigation meetings will be conducted with sensitivity.   

Underpinning principles of an investigation  

Investigations into sexual harassment allegations will be prompt, thorough, and impartial, with a focus on gathering evidence, interviewing relevant parties, and documenting the process. The university’s goal is to determine the facts, assess credibility, and ensure a fair outcome while protecting all involved parties.    

Key aspects of how a sexual harassment or misconduct investigation will be enacted:   

  • Promptness: Investigations will be initiated as soon as possible after a complaint is made and the IRM offers indication an investigation should proceed.    
  • Impartiality: The investigator(s) will be unbiased and independent, ensuring a fair process for all involved.    
  • Confidentiality:  Maintaining confidentiality throughout the investigation is deemed crucial to protect the privacy of all parties and prevent further harm.    
  • Evidence Gathering:  Collecting relevant documents, emails, and witness testimonies will be a core part of the investigatory procedure.    
  • Interviews: Separate interviews will be conducted with the reporting party, the responding party, and any witnesses.     
  • Documentation:  Detailed records of all steps taken, including dates, times, participants, and questions asked, will be maintained.    
  • Fairness and Objectivity:  The investigation will be conducted fairly and objectively, based on the evidence, not on assumptions or biases.    
  • Outcome: The investigation will conclude with a clear summary of findings, and any necessary disciplinary action will be taken in line with university policy and relevant legal requirements.    

To support the university meeting the obligations set out immediately above, anyone allocated as Investigating Officer or Caseworker, as well as all Human Resources and Safeguarding colleagues, will have received enhanced training:  Supporting Safe, Fair and Trauma-Informed Responses to Sexual Misconduct and Harassment. A Single central record of those who have completed this training will be retained by the Principal Safeguarding Lead and anyone who has not completed this training cannot be allocated as an investigating officer or case worker in such cases.   

Information and Communication

Safeguarding Staying Safe