Communicating Decisions

The university recognises that a ‘risk-averse approach’ to sharing information, particularly related to the outcomes of an investigation can serve as a hinderance to our ability to deliver effective redress to those making a complaint in cases of sexual harassment. This could act as a barrier to encouraging students, apprentice learners and staff to report. This also represents a missed opportunity by the university to promote the consequences of unacceptable behaviour more widely and increase the confidence students, apprentice learners and colleagues have in the university’s complaints system.   

  Each case will be considered on a case-by-case basis, but in all cases the university will make distinction between outcomes and sanctions when sharing information with the reporting party. 

Information Sharing  

 In many cases, it will be appropriate to treat information relating to outcomes and sanctions differently due to the degree of sensitivity of the information to the parties involved. 

Outcomes refer to the resolution of the complaint. This could be that the complaint has been upheld, appropriate action has been taken or that a responding party will no longer be on campus. An outcome relates to both the reporting party (as it is the outcome of their complaint) and the responding party (as it is the outcome of any investigation against them). The university will follow best practice which states that information about outcomes should be shared with reporting parties, wherever possible and is lawful to do so, so that they can see that their complaint has been dealt with and investigated. 

 A sanction can be imposed on a responding party because of a disciplinary process, and could include an apology, warning, training, dismissal or expulsion. Sanctions imposed are personal to the responding party, and the potential impact of sharing a sanction is likely to be more significant than the sharing of an outcome, both to the reporting party and the responding party. Greater care will therefore be taken when deciding whether to share information about a sanction, considering the potential impact of the sharing on both the reporting party and the responding party. On a case-by-case basis and where appropriate, subject to the requirements of data protection legislation, the university will consider informing the reporting party of any sanctions imposed.   

Outcomes    

The following section details some of the possible outcomes of an investigation. It also covers the intersection of police investigations.   

No Action:   If the investigation finds insufficient evidence to support the allegations, no disciplinary/further action may be taken.    

Informal resolution:   For incidents which can be discussed and addressed between the parties or by staff and the responding student or staff member, informal measures may be implemented, which may include precautionary measures, warnings, agreements.   

  Disciplinary Measures:   If the allegations are substantiated, the university may implement disciplinary actions, which could include:   

  • Verbal or written warnings: Formal warnings about the unacceptable behaviour.    
  • Training and supervision: Providing training to the responding party and/or increased supervision.    
  • Transfer or demotion: Moving the responding party to a different role or location if they are a staff member    
  • Suspension: Temporary removal from the workplace or study setting during the investigation.    
  • Dismissal: In serious cases, termination of employment or study may be the outcome.    
  Police investigations and judicial proceedings    

 The University of Wolverhampton sets out an intent to support the Reporting Party to disclose or report incidents of Sexual Misconduct and/or Harassment to the University, and to support the Reporting Party when they choose and assess the course of action that is most appropriate for them.   

 Where a criminal investigation or judicial proceedings are ongoing or are likely to commence in respect of a Disclosure or Report, the University can receive a Report of Sexual Misconduct and/or Harassment. In the interest of not causing impediment to the criminal proceedings, the University will not commence an internal investigation or will suspend an ongoing investigation. In all instances the University will undertake necessary precautionary action.   

 Reports of alleged incidents of Sexual Misconduct and/or Harassment will be considered at an Initial Review Meeting (IRM) including situations where the Reporting Party chooses not to report the matter to the Police. An IRM may also be called after the conclusion of a criminal investigation or judicial proceedings where there are issues outstanding which are pertinent to a member of staff, student, or apprentice learner.    

 A decision by the Police or Crown Prosecution Service (or other law enforcement agency) to take no further action in relation to a criminal matter or an acquittal at a trial does not preclude the University from acting under any policy/procedure and does not mean the Reporting Party has made a vexatious or malicious report.    

 In all cases, the University will advise the Reporting Party that it does not have the legal investigatory powers of the Police and cannot decide on criminal guilt. An internal investigation is focused exclusively on whether a breach of the established University policies and procedures has occurred.    

The internal process cannot therefore be regarded as a substitute for a Police investigation or criminal prosecution.    

Where a member of staff, student or apprentice learner has been convicted of a criminal offence or accepts a Police caution in relation to behaviour that falls within the scope of this framework, the conviction/caution will be taken as conclusive evidence that the behaviour took place, and the IRM panel members will reconvene to consider the appropriate next steps, which may include initiating internal processes and disciplinary action. 

 

Safeguarding Staying Safe