Investigation Protocol for Discrimination, Harassment and Hate-Related

Introduction

This protocol should be read in conjunction with the Student Disciplinary Policy. If you are the subject of disciplinary proceedings in this area (either as a Student Reporter or a Student Responder), we advise you to read this protocol carefully and familiarise yourself with its contents.

The purpose of this document is:

• To reinforce our expectations around the unacceptability of discrimination, harassment and hate- related misconduct;
• To provide you with clarity and confidence around the processes in place to deal with discrimination, harassment and hate-related misconduct when it occurs;
• To outline how the University will respond to reports of incidents of discrimination, harassment and hate-related misconduct between or by student members of the University community and support students;
• To show how reports of this nature will be specifically investigated and managed under its Student Disciplinary Procedures.

A note on terminology

The University understands that preferred terminology surrounding discrimination, harassment and hate- related incidents differs from person to person. For the purposes of University procedures, we refer to all acts of this nature investigated by the University as “misconduct”. This is because the University’s Disciplinary procedures are civil proceedings: student disciplinary investigations cannot investigate whether criminal offences have occurred, but rather whether there has been a breach of the University’s code of conduct (i.e. whether “misconduct” has occurred).

Key Principles

Newcastle University is committed to promoting a safe and inclusive environment that challenges all form of discrimination, harassment and intimidation. All Newcastle students can expect to be treated with dignity and respect and enjoy a positive University experience.

The University’s Student Charter sets out the standards of conduct the University expects of students in order to ensure a fair, equitable and supportive environment for all members of the University community.

Any report of discrimination, harassment or hate-related misconduct will be treated with utmost seriousness, and anyone found to have behaved unacceptably will be subject to investigation in line with the Student Disciplinary Procedures.

Options for reporting incidents and obtaining support

Any student can report or disclose incidents of discrimination, harassment or hate-related misconduct, or seek support, via the following routes:

• The University’s Survivor Support Service: Online Disclosure and Referral Form: Disclosures received via this route are held confidentially by the Student Health and Wellbeing Service, and will not be shared with other departments without the explicit consent of the Reporter unless they, or anyone else, is at risk of harm. Students have the option to submit anonymous reports via this route, or can choose to provide their contact details if they wish for the report to be investigated by the University.
• Student Health and Wellbeing Service: hwww.ncl.ac.uk/wellbeing/supportservices/
• The Student Progress Service: casework@ncl.ac.uk
• The Students’ Union: htwww.nusu.co.uk/support/

Support from external agencies

Galop is an LGBT+ anti-violence charity. They offer a confidential and free service to anyone who has experienced any form of homophobia, biphobia or transphobia. Tel: 0800 999 5428

GATE Herts is a hate incident reporting site and support service that is run by and for Gypsy, Traveller and Roma communities in the UK. Tel: 07534 790 984

LGBT Foundation is a national charity working to support lesbian, gay, bisexual and trans people. They provide free support, advice and talking therapies to anyone who identifies as part of the LGBT community. Tel: 03453 30 30 30

True Vision is a Police-funded website designed to provide information about racism and hate crime and aimed at improving the service that Police provide to minority communities. Online facilities allow you to report hate crime quickly to the Police.

RUILS provides support and advocacy for anyone who has experience a disability-related hate crime. Tel: 0208 831 6083

Stop Hate UK is a national organisation working to challenge all forms of hate crime and discrimination based on a person’s identity. They operate a 24/7 helpline for anyone wishing to report hate crimes and offer specific reporting routes for LGBT and Learning Disability hate crimes and hate crimes against young people. Tel: 0800 138 1625

TellMAMA is an independent and confidential support service for those who face anti-Muslim hatred and prejudice. Tel: 0800 456 1226; WhatsApp: 0734 184 6068

Victim Support is an independent charity, who work to support people affected by crime or traumatic events. They provide help to ensure people feel safer and find strength to move beyond crime. Their support is free, confidential and can be tailored to your needs. Tel: 0808 168 9111

CST – Protecting Our Jewish Community is a national charity working to support those who face anti-Semitism and related threats

Definitions

Ableism: hostility toward or discrimination against disabled people.

Ageism: hostility toward or discrimination against a person because of their age.

Anti-Semitism: hostility toward or discrimination against Jewish people as a religious, ethnic, or racial group.

Banter: a term which describes the playful exchange of teasing remarks. The excuse of ‘banter’ is often used as a way to minimise harmful, unacceptable and inappropriate comments or behaviours.

Discrimination: treating a person unfairly because of who they are or because they possess certain characteristics.

Ethnicity: shared cultural experiences, religious practices, traditions, ancestry, language, dialect or national origins.

Harassment: acts that either violate a person’s dignity or create an intimidating, malicious, hostile, degrading, humiliating or offensive environment for another person. Bullying is a form of harassment

Hate incident/hate crime: acts of intimidation, hostility or violence directed at someone because of their identity or their perceived identity (for example, if you are disabled, or if someone thinks that you are gay). A hate incident becomes a hate crime when a criminal offence is committed (for example, assault, harassment, criminal damage). Hate Crime takes into account five protected characteristics (disability, race, religion, sexual orientation or transgender identity), only part of the nine protected characteristics covered by the Equality Act.

Homophobia/biphobia: hostility toward or discrimination against gay/bisexual people.

Islamophobia: hostility toward or discrimination against the religion of Islam and Muslim people.

LGBT: an acronym meaning Lesbian, Gay, Bisexual and Transgender People. It can sometimes be written LGBT+, which, among other identities, includes people who are questioning of their sexual orientation or gender identity, are intersex (i.e. have both male and female internal/external reproductive systems or sexual organs), or who are asexual (have no sexual attraction to any gender).

Microaggression: brief and commonplace daily acts of indirect, subtle or unintentional discrimination towards a marginalised group. Microaggressions can be equally as damaging as more overt forms of discrimination or hate-related misconduct and can constitute a form of harassment.

Misogyny: hostility toward or discrimination against women.

Prejudice: a preconceived opinion, bias or idea about a person or group of people based on their perceived identity.

Protected Characteristic: The following are protected characteristics under the Equality Act (2010): age, disability, gender reassignment, marriage and civil partnership (in employment only), pregnancy and maternity, race, religion or belief (including lack of belief), sex and sexual orientation. This means that is unlawful to discriminate against somebody because of any of these characteristics.

Race: a categorisation of people based primarily on their shared physical traits or skin colour.

Racism: hostility toward or discrimination against a person because of their race or ethnicity.

Transphobia: hostility toward or discrimination against people who are transgender, nonbinary or gender nonconforming.

Xenophobia: hostility toward or discrimination against people from other countries.

Investigation Process

Where a report of discrimination, harassment or hate-related misconduct is made to the University, one of the following internal procedures will be followed:

• For students reporting that they have been subjected to discrimination or haterelated misconduct by a University employee, this will be investigated under the Student Complaint and Resolution Procedure;
• For anyone reporting that they have been subjected to discrimination or hate-related misconduct by a Newcastle University student, this will be investigated under the Student Disciplinary Procedure.

After the initial meeting (see ‘Investigation Process’ in the Student Disciplinary Procedure), any Student Reporter for the case has the following options available to them:

• Request the University formally investigate the incident under the Student Disciplinary Procedure (or the Student Complaints and Resolution Procedure if the incident relates to a University employee)
• Report the incident to the Police;
• Initiate support via the Student Health and Wellbeing Service or external agencies;
• Make a disclosure which will be held confidentially;
• Make no report of the incident at this time.

The provision of support is not dependent on a formal report being made.

If a Student Reporter doesn’t wish to attend a meeting, they can submit a statement for consideration in any disciplinary case or can decide to allow the initial report or Police Disclosure (if applicable) to be investigated without their further involvement. The Student Reporter will be advised of the implications of their decision and their wishes will be respected if they subsequently decide to withdraw their report, unless it is determined by the Academic Registrar or Risk Assessment Panel that the case is sufficiently serious and/or there are safeguarding issues and an investigation should go ahead.

The University will not normally investigate reports made about a student anonymously. However, if a student wishes to make a report of discrimination, harassment or a haterelated incident in confidence, a discussion may take place as to whether it is appropriate for their name and any other identifying details to be removed from the report before it is shared with the Student Responder. This will usually take place as part of a wider risk assessment exercise.

In most cases, the investigation of the incident will follow the Level 2 Investigation Procedure as set out in the Student Disciplinary Procedure. Occasionally, the Academic Registrar will determine that the case is sufficiently serious or complex that it should be referred to the Disciplinary Convenor. The case will then be investigated in accordance with Level 3 of the Student Disciplinary Procedure.

To support the Student Reporter, neutral precautionary measures may be implemented (including, but not limited to, a no contact instruction for all parties and boundaries within University accommodation, academic units or services). During the investigation, a Risk Assessment Panel will carry out a risk assessment and this may result in a Student Responder receiving an interim suspension/ban from attending the Campus and/or include relocation of their University accommodation or, in consultation with the Head of Academic Unit, a change to their timetabled programme sessions.

In accordance with the Student Disciplinary Procedure, if a case is being considered under the criminal process, the University reserves the right to pause its disciplinary investigation until any criminal investigation or judicial proceedings have come to a conclusion. Where the University has postponed its investigation, and the conclusion of the criminal investigation/judicial proceedings result in an acquittal, consideration will be given, as relevant, to the details of the case and the needs of all parties (including any Student Reporter and Student Responder), as to whether the disciplinary investigation should continue.

Sanctions

The level of Investigation and possible sanctions are listed in Appendix 1. Any sanctions imposed as a result of a Student Disciplinary Committee on discrimination or hate-related misconduct may prevent the Student Responder from readmission to the University for a further programme of study until any Student Reporter is no longer a registered student at the University. This is specific to any Newcastle University sanction imposed as a result of a disciplinary hearing and will remain in place for the length of time that a Student Reporter is still a Newcastle University Student.

Information sharing

Reports of discrimination, harassment or hate-related misconduct will be handled confidentially by the Student Progress Service. Where the reported incident raises concerns for the wellbeing of a Newcastle University student, information may be shared in confidence with the Student Health and Wellbeing Service.

If a case is referred to a Student Disciplinary Committee, a Student Reporter (if attending) and Student Responder will be provided with all the documentation in advance.

When a case has been determined, a Student Reporter will be informed that the case has been concluded and the outcome. A Student Reporter will be told whether a Student Responder remains on campus and what sanctions have been imposed.

Appeals

Both a Student Responder and Student Reporter have the right to appeal against any decision, instruction or sanction imposed as a result of the investigation. If you wish to submit an appeal, you should follow the appeals process as set out in the Student Disciplinary Procedure.

Appendix 1: Quick guide: how will my case be handled under the Student Disciplinary Procedure where the Responder is a Newcastle University student?

1. Report made

Reporter informs Student Progress Service that they have experienced discrimination, harassment or hate- related misconduct by a Newcastle University student. Case officer is appointed to undertake investigation. Reporter is invited to attend a meeting to discuss report and/or submit a written statement.

Precautionary action

The University will gather information about the Reporter and Responder’s personal circumstances and decide if any precautionary measures are necessary while the University investigation is ongoing.

2. Responder informed

Responder is informed in writing of report and given opportunity to submit a written statement. Responder is invited to attend interview.

3. Review of case

Academic Registrar (or nominee) to decide on outcome after review of all available evidence. 

4. Refer case

Level 2 Outcome

Reporter and Responder both informed of outcome of investigation and any sanctions imposed.

Or refer to Level 3

Academic Registrar deems the case sufficiently serious and/or complex to warrant a Student Disciplinary Committee Hearing. Hearing scheduled and both parties invited to attend and given the opportunity to present their version of events.

Level 3 Outcome

Student Disciplinary Committee makes decision on appropriate outcome and any sanctions imposed.

5. Appeals

If dissatisfied with outcome or sanction, either party has the right to appeal within 21 days of notification

6. External ombudsman

If you remain dissatisfied with the outcome, you can submit a complaint to the Office for the Independent Adjudicator via the OIA website.

View this information as a flowchart - How will my case be handled under the Student Disciplinary Procedure (PDF:117kb)

Quick guide: how will my case be handled under the Complaints and Resolution Procedure (where the Responder is a University employee)? 

1. Report made

Reporter informs Student Progress Service that they have experienced discrimination, harassment or hate- related misconduct by a Newcastle University employee.

2. Complaint acknowledged

Case officer appointed to investigate. People Services (HR) informed of report. Reporter invited to attend meeting to provide more details and/or submit a written statement. 

3. Responder informed

University employee is informed of the report and given the opportunity to respond in writing to your complaint.

4. Refer case

Level 2 Outcome

Complaint officer considers all evidence and makes a decision on the case, including possible resolutions.

If you are dissatisfied with the complaint outcome, you can request a Level 3 case review within 14 days of the Level 2 decision

Or refer to Level 3 Complaint Committee

In more serious/complex cases, a Complaint Committee will consider the case. They may convene a hearing, which you will be invited to attend.

Level 3 Outcome

Chair of Complaint Committee will make a decision on the case, notifying you in writing of the reasons for their decision and any possible resolutions.

5. External ombudsman

If you remain dissatisfied with the outcome, you can submit a complaint to the Office for the Independent Adjudicator via the OIA website.

View this information as a flowchart - How will my case be handled under the Complaints and Resolution Procedure (PDF:98kb)

Appendix 2: Examples of reported discrimination, harassment or hate-related misconduct considered under this protocol and likely sanctions

Examples of discrimination or hate-related misconduct	Possible level of procedure	Likely sanctions
Use of inappropriate language that may be indecent, inconsiderate, discourteous, disrespectful or discriminatory with the intention to offend another person. This may be in person or via other methods of communication (including but not limited to via email, social media, telephone and messaging services).	Level 2	Advice and guidance, kept on record, written warning, final warning
Verbal or non-verbal harassment, including but not limited to microaggressions, intimidating behaviour, shouting, gesturing, using slurs.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Making abusive comments relating to an individual’s actual or perceived protected characteristic.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Creating, sharing or distributing discriminatory or hate-related materials, comments or literature, whether online or offline.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Physically, emotionally, or sexually threatening behaviour.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Discrimination of any kind, including direct discrimination, discrimination based on perceptions, discrimination based on association and indirect discrimination.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Hate-related criminal damage, such as graffiti or arson.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Hate-related physical assault.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Hate-related sexual assault.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Any other hate-related misconduct that would be considered a criminal offence.	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect
Active complicity in any of the above offences (where active complicity implies active promotion of the offence. This does not cover inaction or failing to prevent an offence).	Level 2 or 3	Advice and guidance, kept on record, written warnings. final warning, suspension, deferred expulsion, expulsion with immediate effect