Brasenose College Policy and Procedure on Harassment

1. Brasenose College does not tolerate any form of harassment or victimisation and expects all members of the College community, its visitors and contractors to treat each other with respect, courtesy and consideration.
2. The College is committed to fostering an inclusive culture which promotes equality, values diversity and maintains a working, learning and social environment in which the rights and dignity of all members of the College community are respected.
3. The aims of the College as reflected in this Policy are to:
   1. Promote a positive environment in which people are treated fairly and with respect;
   2. Make it clear that harassment is unacceptable and that all members of the College have a role to play in creating an environment free from harassment;
   3. Provide a framework of support for all members of the College community who feel they have been subject to harassment; and
   4. Provide a mechanism by which complaints can wherever possible be addressed in a timely way.
4. Those in positions of authority within the College, such as Senior Tutor, Dean, Chaplain, Equality and Diversity Fellow and Bursar, have formal responsibilities under this Policy and are expected to familiarise themselves with the Policy and Procedures on appointment. All senior members of the College have a duty to implement this Policy and to make every effort to ensure that harassment and victimisation do not occur in the areas for which they are responsible and that, if they do occur, any concerns are investigated promptly and effectively.
5. All members of the College community have the right to expect professional behaviour from others, and a corresponding responsibility to behave professionally towards others. All members of the College community have a personal responsibility for complying with this Policy and Procedure and must comply with and demonstrate active commitment to this Policy by:
   1. Treating others with dignity and respect;
   2. Discouraging any form of harassment by making it clear that such behaviour is unacceptable; and
   3. Supporting any member of the College who feels they have been subject to harassment, including supporting them to make a formal complaint if appropriate.
6. This Policy and Procedure are designed to deal with harassment which occurs primarily within the college environment (i.e. either on college premises in Brasenose or at another college, or on college business or at a college event). Incidents of harassment between staff or students of the University that occur outside the college environment and/or solely within the University environment will normally be dealt with under the appropriate University procedure.1 If there is doubt as to whether the college or University procedure applies, you are advised to seek advice from one or more of the relevant college officers described in this Procedure, the University’s Director of Student Welfare and Support Services or the University’s Harassment Line. If a complaint is made to the College and there is doubt whether it should be considered by College or University, the Bursar or Dean will consider the circumstances and determine whether the incident should be considered a College matter, or a University matter (and so refer it to the Proctors), or whether it is too remote to fall within the College jurisdiction.
7. This Policy and Procedures should be read alongside other college policies and procedures, including the College disciplinary procedures for employees and for students, the student handbook, and policies on Freedom of Speech and IT usage. These can be found at: http://www.bnc.ox.ac.uk/about-brasenose/official-information.
8. Any member of the College community who feels they have been subject to harassment can also contact the University Harassment Advisory Service for support. The Service is also available to those against whom an allegation of harassment has been made. Other sources of help and advice can be found at:
   https://edu.admin.ox.ac.uk/harassment-advice

1. A person subjects another to harassment where they engage in unwanted and unwarranted conduct which has the purpose or effect of:
   • violating another person’s dignity, or
   • creating an intimidating, hostile, degrading, humiliating or offensive environment for another person.2

   The recipient does not need to have explicitly stated that the behaviour was unwanted.

2. Freedom of speech and academic freedom are protected by law though these rights must be exercised within the law. Vigorous academic debate will not amount to harassment when it is conducted respectfully and without violating the dignity of others or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
3. Bullying is a form of harassment and may be characterised as offensive, intimidating, malicious or insulting behaviour, or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.
4. The College seeks to protect any member of the College community from victimisation, which is a form of misconduct which may itself result in a disciplinary process. The College will regard as victimisation any instance where a person is subjected to detrimental treatment because they have, in good faith:
   1. made an allegation of harassment, or
   2. indicated an intention to make such an allegation, or
   3. assisted or supported another person in bringing forward such an allegation, or
   4. participated in an investigation of a complaint, or
   5. participated in any disciplinary hearing arising from an investigation, or
   6. taken any other steps in connection with this Policy and Procedure, or
   7. is suspected of having done so.

1. Harassment may involve repeated forms of unwanted and unwarranted behaviour, but a one-off incident can also amount to harassment.
2. The intentions of the alleged harasser are not always determinative of whether harassment has taken place. The perception of the complainant and the extent to which that perception is in all the circumstances reasonable will also be relevant.
3. Being under the influence of alcohol, drugs or otherwise intoxicated is not an excuse for harassment.
4. Harassment can take a variety of forms:
   1. Through individual behaviour
      • face to face, either verbally or physically
      • through other forms of communication, including but not limited to written communications and communications via any form of electronic media or mobile communications device: such behaviour may also amount to a breach of the college’s regulations relating to the use of Information Technology
      • directly to the person concerned, or to a third party
   2. Through a prevailing workplace or study environment which creates a culture which tolerates harassment or bullying, for example the telling of homophobic or racist jokes.
5. Examples of behaviour which may amount to harassment under this Policy include (but are not limited to) the following:
   1. unwanted physical contact, ranging from an invasion of space to an assault, including all forms of sexual harassment, including:
      • inappropriate body language
      • sexually explicit remarks or innuendoes
      • unwanted sexual advances and touching
      • grooming or similar gradual development of relationships where there is an imbalance of power in the relationship
   2. offensive comments or body language, including insults, jokes or gestures and malicious rumours, open hostility, verbal or physical threats: these include all forms of harassment and abuse on the grounds of disability, race or sexual orientation
   3. insulting, abusive, embarrassing or patronising behaviour or comments
   4. humiliating, intimidating, and/or demeaning criticism
   5. persistently shouting at, insulting, threatening, disparaging or intimidating an individual
   6. constantly criticising an individual without providing constructive support to address any performance concerns
   7. persistently overloading an individual with work that they cannot reasonably be expected to complete
   8. posting offensive comments on electronic media, including using mobile communication devices
   9. threatening to disclose, or disclosing, a person’s sexuality or disability to others without their permission
   10. deliberately using the wrong name or pronoun in relation to a transgender person, or persistently referring to their gender identity history
   11. isolation from normal work or study place, conversations, or social events
   12. publishing, circulating or displaying pornographic, racist, homophobic, sexually suggestive or otherwise offensive pictures or other materials.

   Management instructions or instructions by College Officers or officials to students or staff given reasonably and with due purpose and in respectful and appropriate ways are not harassment.

6. Stalking may also be a form of harassment and may be characterised by any of the following repeated and unwanted behaviours:
   1. Following a person;
   2. Contacting, or attempting to contact, a person by any means;
   3. Publishing any statement or other material –
      • Relating or purporting to relate to a person, or
      • Purporting to originate from a person;
   4. Monitoring the use by a person of the internet, email or any other form of electronic communication;
   5. Loitering in any place (whether public or private);
   6. Interfering with any property in the possession of a person;
   7. Watching or spying on a person including through the use of CCTV or electronic surveillance.

1. Harassment is a serious offence. Any member of the College community who feels they have been subject to harassment can make a complaint via the appropriate Procedure: see Annexe A for the Procedure in relation to complaints about staff, Fellows and other members of the college community other than students; and Annexe B for the Procedure in relation to complaints about students.
2. When a criminal offence may have been committed, the relevant harassment Procedure may not be appropriate. These cases will include, but not be limited to, serious assault or threat of serious assault. Student members can seek advice from Dean or Senior Tutor, and/or approach the Police directly; and staff members can seek advice from HR, Domestic Bursar or Bursar and/or approach the Police directly. Further guidance on dealing with cases of sexual assault or sexual violence is available from the University at:
   https://edu.admin.ox.ac.uk/harassment-advice
3. Incidents of harassment that occur outside of the college environment3 but between members of the college or University within the University environment will normally be dealt with under the appropriate University procedure. These procedures can be found at:
   https://edu.admin.ox.ac.uk/files/harassmentpppdf
4. If a complainant is deemed to have known or to have reasonably been expected to know that a complaint was unfounded, the allegation of harassment may be judged to be vexatious or malicious, and disciplinary action may be taken against them. No action will be taken if a complaint which proves to be unfounded is judged to have been made in good faith.
5. All parties involved in a complaint (including any witnesses who may be interviewed as part of any investigation, or trade union representatives supporting any of the parties) should maintain the confidentiality of the process. Those involved in advising complainants should, where possible, seek the consent of the individual for the onward disclosure of relevant information to those with a clear need to know. Where such consent is not forthcoming, the person entrusted with the information should make it clear that, in exceptional circumstances, it may be necessary to disclose the information, taking account of the duty of care which may be owed to the individual and/or others.
6. This Policy and Procedure may be found at http://www.bnc.ox.ac.uk/about-brasenose/official-information or are available in hard copy from the Bursar’s secretary. Copies in alternative formats are available on request.

1 https://edu.admin.ox.ac.uk/university-policy-on-harassment

2 Statute XI: University Discipline (https://governance.admin.ox.ac.uk/legislation/statute-xi-university-discipline-0)

3 “The College environment” means on college premises, or at another location while on College business or at a college event, or travelling to or from a college event.

1. The Procedure below applies in all cases where the person who is the subject of the complaint is a member of College academic or non-academic staff, or is a Fellow or member of the SCR or any other form of College membership, other than as a student.
2. The Bursar will usually act as the lead for complaints against staff or anyone else other than students. The Bursar will have oversight of all cases, and will take the lead as appropriate in liaising with other parts of the College or collegiate University according to the specific circumstances. He/she may choose to delegate management of a complaint to a Case Lead who may be the Head of HR or HR Manager or, for academic cases, the Senior Tutor, or another suitable person as appropriate.
3. Where the complainant is a student, support during this process will be provided by the Senior Tutor, Chaplain, or Equality and Diversity Fellow, or other suitable person identified by the Welfare team. Where the complainant is a member of staff or an academic associate, support during the process will be provided by or arranged by the Head of HR or HR Manager. The College will also facilitate access to independent support and advice from within the University, such as the OUSU Advice Centre and University Counselling Service.
4. This 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, serious assault or threat of serious assault. This 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.

Initial action

1. The Procedure below assumes that the individual has not been able first to resolve the issue through an informal approach. If a member of staff wishes to seek informal resolution, they should approach their manager, the HR team, Bursar or other suitable person to raise the problem and to ask for help in achieving a resolution. Students should seek support from the Dean, Sub Dean, Senior Tutor or Chaplain or other suitable person such as the Bursar, Tutor for Graduates, Head of HR or the HR Manager. At no time should a student or staff member feel obliged to approach the person who is the subject of the complaint.

Mediation

1. In some situations, it may be appropriate to ask the parties to consider entering into a mediation process. Although mediation may be attempted at any time before or after a formal investigation, it may be particularly helpful if it is considered at an early stage before the formal procedure is invoked.
2. In the case of a complaint involving two members of college but when neither are students, an experienced mediator acceptable to both parties will normally be nominated by the Bursar or Case Lead, who may seek advice from the University’s Director of Human Resources if appropriate, for example, in the case of a joint appointment. The Bursar or Case Lead and the mediator will meet with the parties separately and as soon as practicable to begin to seek a resolution. The normal expectation is that resolution would be achieved within 20 working days of the initial meetings with the parties (although this time limit may be extended by agreement). Any agreed outcome will normally be recorded in writing.
3. All those involved in the mediation process must maintain appropriate confidentiality.

Complaints procedure

1. If informal action does not succeed in resolving the situation, or would not be appropriate given the nature of the complaint, the complainant should make a written submission setting out the complaint and the remedies sought. If the complainant is a member of staff, a Fellow, a member of the SCR or is otherwise an academic associate of college, the complaint should be submitted to the Bursar. If the complainant is a student, the complaint should be submitted to the Dean who will then communicate it to the Bursar who may appoint a Case Lead. A student complainant may also seek independent support and advice from within the University, such as the OUSU Advice centre.
2. In cases where it is not immediately clear to whom a complaint should be addressed, or if the complainant feels it is not appropriate to approach the Bursar, or wishes to make a complaint against the Bursar, advice may be sought from the HR team, Dean or Senior Tutor. Students and staff may also contact the Tutor for Graduates, Equality and Diversity Fellow or Chaplain.

Submission of the complaint

1. In the submission to the Bursar or Dean the complainant should set out as clearly and succinctly as possible
   1. the nature of the behaviour that they are concerned about;
   2. the effect of this behaviour on them; and
   3. the resolution they are seeking.

   The complaint should include dates and details of any witnesses to any incidents referred to in the complaint, together with any documentary evidence. The complainant should also explain what attempts, if any, have been made to resolve the difficulties and the outcome they are seeking.

2. Complainants are encouraged to bring forward a complaint as soon as possible, as a prompt investigation and early discussion of possible outcomes is usually beneficial. In some circumstances it may not be possible to bring a complaint forward quickly (for example in a controlling or abusive relationship or due to police investigation) and the College will then investigate the case as best it can. If there is a delay, the College still encourages complainants to bring forward their complaint, but if a case is brought more than six months after the events in question the College reserves the right to decide not to investigate the case if the passage of time means it is unlikely to be possible to carry out a fair and thorough investigation.Every effort will be made to achieve a prompt resolution to the complaint as speedily as possible the aim usually being to conclude the complaint within a period of two months. Both the complainant and the person who is the subject of the complaint 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 kept informed
3. Both parties to the complaint have the right to be accompanied and supported by a trade union representative or by a colleague of their choice from within the College at any meeting held under this procedure. If the complaint involves a student they may be accompanied by another student member of the College or a member of the College’s welfare team, a senior member of the College. These people must maintain appropriate confidentiality.
4. At all meetings, and at each stage of the process the Bursar, Case Lead and other lead officers will explain to participants as clearly as possible the stage of the process, the purpose of the meeting and the role of the individuals attending, for example whether they are being asked to provide evidence, clarity a complaint or provide their point of view in response to a complaint.
5. There may be circumstances in which an aggrieved party is not willing, or able, to make a formal complaint but the Bursar or Dean considers 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 Bursar or Dean or other senior member may initiate an investigation which may be managed by the Case Lead and would make a decision on further action on the basis of such evidence as is available.

Action by the Bursar on receipt of a complaint

1. On receipt of a complaint, the Bursar will, in consultation with the Dean in the event of a student complainant, take such steps as they think appropriate to understand the nature of the complaint and the outcome sought, which may include appointing a Case Lead to act on their behalf to take the following action:
   1. inform the person against whom a complaint has been made of the allegations against him or her;
   2. meet separately with the complainant and the alleged harasser (at which meetings they should be provided with the right to be accompanied);
   3. speak to other relevant people on a confidential basis; and/or
   4. obtain further relevant information.
2. The Bursar or Case Lead will then decide how to proceed and will inform the parties concerned. They may make such enquiries as are necessary to determine the complaint. Alternatively they may commission an investigation, where circumstances preclude them from concluding the matter in a timely fashion.
3. The Bursar, Dean or Case Lead may also determine that immediate interim action is necessary pending the outcome of a formal process.

Investigation

1. The purpose of an investigation is to establish the relevant factual evidence in connection with the allegation(s) made by the complainant.
2. As a general rule, the Investigator should not have had previous involvement with the issues in the case. The investigation should be concluded as soon as is reasonably practicable. The Investigator will prepare a report and may, make recommendations on possible courses of action.
3. The Bursar or Case Lead will inform or arrange for another senior Officer or manager to inform the complainant and the person who is the subject of the complaint in writing (i) of the conclusions they have reached having reviewed the evidence, including any investigation report; (ii) of the action the College intends to take; and (iii) of the reasons for any such action.
4. The Bursar or Case Lead will also inform any other parties who have been asked to participate in an investigation that the investigation has been concluded.

Investigation procedure

1. The procedure for an investigation will normally be as follows, but may be adapted by the Investigator to meet the needs of the case:
   1. The Investigator will meet the complainant to confirm the details of the complaint.
   2. The complaint as clarified will be forwarded to the person complained against together with any other relevant material.
   3. The Investigator will interview, where reasonably practicable, individuals identified by the complainant as having relevant evidence.
   4. The Investigator will meet the person complained against to hear their response to the complaint and any further evidence that has come to light.
   5. The Investigator will interview, where reasonably practicable, individuals identified by the person complained against as having relevant evidence.
   6. Having considered all the evidence, including any relevant documents, the Investigator will prepare a written report of their findings, in relation to which they may check relevant sections in draft with the parties before finalising.
   7. The report will be forwarded to the Bursar or Case Lead usually with a copy to other relevant college officer(s), and, if the complainant is a student, normally to the Dean. In cases involving students, consent should be sought from the complainant to inform their department if appropriate. The Dean will ensure that appropriate support is available to students following an investigation.

Possible outcomes of a complaint

1. Depending on the nature of the complaint and the evidence found, including the findings of any investigation report, the Bursar or Case Lead in consultation with relevant College Officer(s) and, in the event of a student complainant, the Dean may take a variety of actions including:
   1. Take no further action, other than, where appropriate, implementing or suggesting steps that would help to restore reasonable professional relationships between the parties.
   2. making arrangements to limit contact between the parties concerned. The Bursar will have responsibility for implementing and monitoring any actions.
   3. Referring either or both parties to appropriate support services
   4. Initiate resolution of the issues in other ways (e.g. by requiring that certain individuals undergo specific training, or implementing practical arrangements to improve professional relationships). If a successful resolution is achieved the case will be closed, but the situation will be monitored for an appropriate period. This approach will usually be appropriate where the evidence does not support a claim of harassment but it is clear that either party has demonstrated behaviours that are likely to lead to further issues between them if unresolved or, alternatively, that there are structural issues within the College that require management attention.
   5. Institute disciplinary proceedings where the Bursar or Case Lead is comfortably satisfied that there is evidence to support allegations of harassment of a sufficiently serious nature that should be further examined through the disciplinary process. In this event, the Bursar or Case Lead will determine what intermediate measures are necessary, in consultation as appropriate with the relevant department.
   6. If justified by the specific circumstances of the case, disciplinary action may be instituted against the complainant if the Bursar or Case Lead is satisfied that the complaint of harassment is unfounded and not made in good faith.

Appeal

1. If either party does not accept the outcome of the complaint (including any judgement that the complaint was vexatious or malicious), they may invoke the relevant grievance or complaint procedure within the time scales specified.
2. If a student complainant is not satisfied with the outcome following the investigation of the formal written complaint, they may refer to the Principal who will make the final College decision and advise the complainant on the right to seek an external review. A Completion of Procedures letter should be issued.

Confidentiality

1. Information concerning allegations of harassment must so far as reasonably possible be held in confidence by those to whom it is divulged. Unnecessary disclosure of such allegations may attract disciplinary sanction. Information will be shared on a need-to-know basis, including as appropriate with the individual against whom a complaint is brought. 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.

Records

1. The College and all those involved in this process must comply with the principles of the Data Protection Act 2018. These include ensuring that personal data is kept accurate and up-to-date, held securely, and not kept for longer than necessary.

1. This Procedure is designed to deal with complaints of harassment by students that arise in the College environment.4 The Dean will usually lead on complaints made against students, except where this may not be appropriate, for example if there is a potential conflict of interest. The Dean will have oversight of all cases and will take the lead as appropriate in liaising with other parts of the College or the collegiate University according to the specific circumstances. The Dean may choose to delegate management of a complaint to a Case Lead as appropriate.
2. Complaints of harassment brought by students against staff, Fellows or other academics in College on College premises or within the college environment will be dealt with under the Annexe A procedure above, and complaints by students against University staff or academics who are College members and are also University employees if the harassment occurred in a University setting will be dealt with jointly under the University and the College’s procedures. Complaints against persons who are students at another higher education institution will be referred by the College to the office of the Director of University Student Welfare. In all cases a student complainant will be supported by the Dean and, the College will also facilitate access to independent support and advice from within the University, such as the OUSU Advice Centre and University Counselling Service.
3. If a student is unsure whether a particular instance of harassment falls under the University’s procedures or College procedures, or should be considered as a Decanal matter, they should seek advice from the Dean in the first instance, or the Senior Tutor, Tutor for Graduates, Equality and Diversity Fellow, Chaplain, or the office of the Director of University Student Welfare.
4. If a member of College staff wishes to make a complaint of harassment against a student, this will normally be considered as a student disciplinary issue in accordance with this procedure. In the first instance, a member of staff should seek support and guidance from the Bursar or HR team, who should consult the Dean.
5. The Dean or nominated Case Lead, Senior Tutor, Tutor for Graduates, Equality and Diversity Fellow and Chaplain can all provide support to students, and to staff requiring advice on student cases. The Dean 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 as appropriate according to the circumstances of the case. The Dean 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 of cases referred to their office under this Procedure.
6. In serious cases, it is likely to be appropriate to proceed directly to stages 2 and 3 of this Procedure.
7. This 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, serious assault or threat of serious assault. This 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

1. In some cases, a student or an employee or other member of College who feels that they are being harassed by another student may feel able to 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 the person who is the subject of the complaint, and the College does not wish to suggest that a student who feels that they have been harassed is responsible for rectifying the situation. It may often be appropriate to proceed directly to stages 2 and 3 of the procedure.
2. Before taking informal or formal action, the student could discuss the situation with the Dean, Senior Tutor, Tutor for Graduates, Equality and Diversity Fellow or the Chaplain. If the student would feel more comfortable contacting someone outside College, they can contact the Harassment Line for details of a Harassment Advisor (Tel. 01865 270760 or e-mail harassment.line@admin.ox.ac.uk). Harassment Advisors will not approach the alleged harasser on behalf of an individual. Details of the role of the harassment advisor can be found at: https://edu.admin.ox.ac.uk/support
3. Other sources of advice for students when considering informal resolution include the JCR and HCR presidents or welfare representatives, Student Peer Supporters, and OUSU’s Student Advice Service (Tel. 01865 288466 or e-mail advice@ousu.org).
4. These sources of support and advice are also available to students who have been accused of harassment.

Stage 2 – Student Support and Mediation

1. If informal action does not succeed in resolving the situation, or would not be appropriate given the nature of the behaviour, the Dean, Senior Tutor, Tutor for Graduates and Chaplain are available for support and advice to any student who feels that they are being harassed. Students can contact the Dean by e-mail.
2. The Dean will refer the student who has raised the complaint to a staff member trained in dealing with harassment cases. This staff member will be available to support the student throughout the process, including if they decide to move to stage 3 and make a formal complaint, and will also provide support following the outcome of any formal complaint. The Dean will oversee all cases and will advise and take action as appropriate. Actions taken will vary depending on the case.Actions taken by the trained staff member may include:
   1. Giving advice on options for ways to proceed, and helping the student to make decisions on the action they want to take
   2. Referring the student to appropriate support services (such as the Student Counselling Service, Harassment Advisors and OUSU Student Advice Service).

   Actions taken by the Dean may include:

   1. Facilitating a mediation process between the complainant and the alleged harasser, if both parties agree. An experienced mediator or conciliator acceptable to both parties will normally be nominated by the Dean, who may seek advice from the relevant College officers. The mediator or conciliator will meet with the parties separately and as soon as practicable to begin to seek a resolution. The normal expectation is that resolution would be achieved within 20 working days of the initial meetings with the parties (although this time limit may be extended by agreement). Any agreed outcome will normally be recorded in writing. All those involved in the mediation or conciliation process must maintain appropriate confidentiality.
   2. Referring a case to the Director of University Student Welfare, if it transpires that the alleged harassment did in fact take place outside of the college environment and within the University environment
   3. Ensuring that relevant members of staff within the collegiate University are informed of the case if appropriate, with the student’s consent, and having due regard for obligations of confidentiality owed to others.
3. Support from the Dean, or from those designated by him 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 if both parties agree. The Dean will ensure that, where a complainant and a student complained against are both seeking support, they will be dealt with by different members of staff, who will maintain appropriate confidentiality.
4. Support from the Dean, Senior Tutor, Tutor for Graduates, Equality and Diversity Fellow and Chaplain is also available to students who wish to make or have made a complaint of harassment against a member of staff, under the staff Procedure in Annexe A.
5. Brief records will be kept of all meetings held and actions taken in relation to the case at this stage. These records will be managed in accordance with the principles of the Data Protection Act 1998. These include ensuring that personal data is kept accurate and up-to-date, held securely, and not kept for longer than necessary.

Stage 3 – Formal written complaint

1. If action taken at stages 1 or 2 does not succeed in resolving the situation, or would not be appropriate given the nature of the complaint, the student should make a formal written complaint to the Dean who may appoint a Case Lead or may manage the Case directly. The Dean or Case Lead will then decide how to proceed and will inform the parties concerned. They may make such enquiries as are necessary to determine the complaint, or may commission an investigation, where circumstances preclude them from concluding the matter in a timely fashion.
2. The Case Lead may initiate an investigation or appoint an appropriate person to investigate. In some cases, it will be appropriate to proceed directly to this stage. In these cases, if the complainant has not already been offered appropriate support from a trained member of staff, this will happen.
3. The 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.
4. The complainant should set out as clearly and succinctly as possible
   1. the nature of the behaviour that they are concerned about;
   2. the effect of this behaviour on them; and
   3. where possible, the resolution they are seeking.

   The complaint should include dates and details of any witnesses to any incidents referred to in the complaint, together with any documentary evidence. The complainant should also explain where appropriate any attempts that have been made to resolve the difficulties and, where possible, the outcome they are seeking. If the complainant 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 Investigator may request further information.

5. The Case Lead, Investigator or another person appointed by them, will investigate the case to establish the relevant factual evidence and decide on any actions which should be taken. This may include:
   1. informing the person against whom a complaint has been made of the allegations against him or her;
   2. meeting separately with the complainant and the alleged harasser;
   3. speaking to other relevant people on a confidential basis; and/or
   4. 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.

6. Complainants are encouraged to bring forward a complaint as soon as possible, as a prompt investigation and early discussion of possible outcomes is usually beneficial. In some circumstances it may not be possible to bring a complaint forward quickly (for example in a controlling or abusive relationship or due to police investigation) and the College will then investigate the case as best it can. If there is a delay, the College still encourages complainants to bring forward their complaint, but if a case is brought more than six months after the events in question the College reserves the right to decide not to investigate the case if the passage of time means it is unlikely to be possible to carry out a fair and thorough investigation.Every effort will be made to achieve a prompt outcome to the complaint – the aim being to conclude the complaint within a period of one month. Both the complainant and the student who is the subject of the complaint 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 kept informed.
7. At all times both the complainant and the student complained against will be kept informed of proceedings, and will be referred as appropriate to sources of support and advice. The Dean or Case Lead will explain to participants as clearly as possible the stage of the process, the purpose of the meeting and the role of the individuals attending, for example whether they are being asked to provide evidence, clarity a complaint or provide their point of view in response to a complaint. Both parties will be informed in writing of the outcome of the investigation of the complaint.
8. In some circumstances, in the interests of the complainant and/or the student complained about, it may be necessary for interim action to be taken, pending the outcome of the investigation. This may include making arrangements to limit contact between the parties concerned.
9. Investigation of a formal written complaint of harassment may result in:
   • Deciding that the alleged harasser should face disciplinary procedures
   • Taking actions in College, or recommending to a department/faculty actions to take, including making arrangements to limit contact between the parties concerned. The Dean or Bursar will have responsibility for implementing and monitoring any actions. Referring either or both parties to appropriate support services
   • Referring a case to the Director of University Student Welfare, if it transpires that the alleged harassment did in fact take place outside of the college environment and within the University environment.
   • Taking 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
   • In rare cases disciplinary action may be instituted against the complainant if there is evidence that the complaint of harassment is unfounded and not made in good faith.
10. If the complainant is not satisfied with the outcome following the investigation of the formal written complaint, they may refer the matter to the Principal who will make a final College decision and advise the complainant on the right to seek an external review.
11. Following the outcome of the complaint, the Dean will take such action, including informing others, and arranging for support for all parties following the outcome, as may be appropriate in the circumstances.
12. There may be circumstances in which an aggrieved party is not willing, or able, to make a formal complaint but the Dean considers 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 Dean, Senior Tutor or other senior member may initiate an investigation with reference to the Bursar as appropriate and make a decision on further action on the basis of such evidence as is available.

Referrals

1. On occasion, complaints of harassment which should be considered under this Procedure may be made to staff other than the Dean. In this situation, staff should explain the Procedure, and ask the complainant if they would like the case referred to the Dean so that they can receive support from a trained staff member, or submit a formal written complaint.
2. 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 or a College Harassment Advisor for advice on a confidential matter.
3. There may be occasions where a student does not wish to seek support and advice or to make a complaint under stages 2 or 3 of this Procedure, but where the Dean considers that the implications for the individual and/or for others actually or potentially affected are serious. This may include cases where other parties, but not the aggrieved party, have made a complaint. In such circumstances the Dean may initiate an investigation and make a decision 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 would be made at a senior level.

Potentially criminal misconduct

1. This Procedure may not be applicable where the allegations are of behaviours that may attract criminal sanction. This would include, but would not be 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. Further guidance on cases of sexual assault and sexual violence, including support available, is available from the University at Guidance for staff on handling cases of sexual assault or sexual violence. Issues including but not limited to those around teaching, examinations and accommodation/social activity may need to be considered.
2. In addition the Dean will consider whether it is appropriate to make 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

1. Information concerning allegations of harassment must so far as reasonably possible be held in confidence by those to whom it is divulged. Unnecessary disclosure of such allegations may attract disciplinary sanction. Information will be shared on a need-to-know basis. 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.

Records

1. The College and all those involved in this Procedure must comply with the principles of the Data Protection Act 2018. These include ensuring that personal data is kept accurate and up-to-date, held securely, and not kept for longer than necessary.

4 “The College environment” means on college premises, or at another location while on College business or at a college event, or travelling to or from a college event.

Approved by Governing Body on 15 February 2023