123.Providers should have procedures in place for handling complaints from students about other students or members of staff. Providers may choose to design specific processes to address students’ concerns about the behaviour of another member of the provider’s community. For example, many providers have developed bullying and harassment or dignity at work and study procedures. If the provider does not have a separate procedure for students to raise these kinds of concerns, then students should be allowed to raise concerns about behaviour under the general student complaints procedure.
124.Some providers have processes in place that allow students to report concerns about the behaviour of other people anonymously. It is good practice to explain clearly whether and how the provider’s response to anonymous reporting is different to how it can respond to complaints that are not anonymous.
125.When students complain about staff members it is essential that the investigation is conducted by someone who is independent of the situation to avoid bias or a reasonable perception of bias. It is important to make sure that there are proper procedures in place that set out the process for handling such complaints. The provider may need to investigate or take action under its staff human resources (HR) procedures. However, it may be possible to draw a distinction between a complaint about alleged misconduct of a member of staff that should normally be handled under an HR procedure, and what is effectively a service complaint directed at an individual member of staff that can be handled under the complaints procedure.
126.It is reasonable for providers to expect students to take steps to resolve some disagreements and disputes with other students themselves. For example, it would be unusual for a provider to become involved in disagreements about social activities, or cleaning arrangements among students in a privately rented house. But providers should be alert to students reporting concerns which show a pattern of behaviour that could amount to bullying or harassment, wherever this behaviour occurs.
127.Some complaints of this nature can be successfully resolved informally, or through mediation or conciliation, for example, where an individual is unaware of the impact of their actions on another student. But in some instances, it will not be appropriate to try to resolve a complaint informally. The views of the student reporting the concern should be given significant weight in deciding whether to attempt informal resolution.
128.Where a student’s complaint indicates that another student or member of staff may have breached expected standards of behaviour, codes of conduct, or expectations or conditions of their employment, providers will need to investigate the concerns in a way that takes account of the rights of the person complained about to have a fair process. The Good Practice Framework: Disciplinary procedures gives guidance relating to students.
129.When a student has complained to their provider about the behaviour of another student, the provider has the same duties and obligations to each of the students involved. Providers should take all reasonable steps to make sure that they treat each student fairly and should support both students through the process. It is good practice to identify separate members of staff to act as sources of support and advice for the students.
130.It is good practice to explain to reporting students how they will be involved in the process of investigating the complaint. The extent of their involvement will depend on the unique circumstances of the case and should take account of the provider’s responsibilities relating to safeguarding, data protection, and employment law as well as the views of the individuals involved. Providers should explain whether, when and how the reporting student will have opportunities to make further statements or respond to evidence gathered. It is good practice to explain whether the reporting student may attend all or part of a hearing, and how their evidence will be shared with the responding person and with decision-makers. It is not usually good practice to allow reporting and responding parties to cross examine one another directly in hearings.
131.Data protection legislation does not completely prevent providers sharing information about a responding person’s disciplinary process with the reporting student. There are benefits to the reporting student, and to the student community as a whole, in being open about how complaints about student or staff behaviour have been considered.
132.Nevertheless, providers must think carefully about individuals’ rights to privacy. It is good practice to document reasons for deciding what information can or can’t be shared.
133.Whether the complaint is handled under the complaints procedure or referred to a separate procedure for the allegations to be investigated, the student who made the complaint should receive a resolution to that complaint. It is good practice to consider including at least the following information:
- What steps were taken to investigate the complaint;
- A summary or high-level description of the evidence made available to the decision-maker(s), or a copy of that evidence;
- Who made the decision(s);
- What measures may be put in place to prevent the issue that led to the complaint happening again;
- If the behaviour is found to have had an adverse impact on the reporting student, a remedy for that impact.
134.Providers should set out clearly whether and how a student can challenge the outcome of their complaint about the behaviour of another student or member of staff. It is unusual to allow a reporting student to make an appeal that directly challenges the penalty applied to another student or member of staff through a disciplinary procedure. But it is good practice to allow students to ask for a review of the outcome of their complaint. Typical grounds for requesting a review might include:
- Concerns about the fairness of the procedures followed at the formal stage, including bias or a reasonable perception of bias;
- Concerns about whether the actions taken to support the reporting student going forward are reasonable;
- New evidence that could make a difference to the outcome and that the student could not reasonably have provided earlier in the process.
Student A complains about the behaviour of student B. The provider investigates the complaint and decides to take action against student B under its disciplinary procedures. Student B is found to have breached the provider’s code of conduct. The provider tells student A it has upheld their complaint and has reached a conclusion on the disciplinary case. It explains that student B is not permitted to contact them and that arrangements have been made so students A and B do not come into contact in the library. The provider tells student A they can ask for a review of the outcome of their complaint. Student A asks for a review. They explain the proposed arrangement giving each student access to the library within certain hours is very difficult for them because they have caring responsibilities. The provider agrees to amend the arrangements.
