This guide explains how the University looks into reports of student misconduct. It is designed to help you understand what to expect.
Key terms
• Reporting student: the person who reports a concern
• Responding student: the person the report is about
What is student misconduct?
Student misconduct is behaviour that breaks the University’s expected standards of behaviour. This can happen in person or online (for example, messages, social media, or sharing images). Some behaviours are serious (such as harassment, sexual misconduct, violence, or hate incidents). Others may be less serious. You can see more examples of inappropriate behaviour here - Examples of inappropriate behaviour.
The role of the University
The University’s role is to:
• Adhere to the principles of natural justice (Be fair to everyone involved)
• Make decisions based on evidence
• Keep students safe
It cannot:
• Act without evidence
• Replace the police
• Discipline students for behaviour that does not break University expected standards of behaviour.
• Discipline students for expressing lawful views. (See your rights to Freedom of expression)
How to make a report
You can make a report to any member of staff, and you can make a report on Report + Support. More information on how to report is available here - Reporting inappropriate behaviour
What happens when you make a report
When you report a concern:
1. The Disciplinary Officer (DO) reviews your report
2. They look at the information and any evidence you provide
3. They decide whether it meets the threshold for investigation
Important: There must be enough evidence of a possible breach of expected standards of behaviour.
How the University uses evidence
Decisions are based on evidence. This can include:
• Messages, screenshots, or photos
• Witness accounts
• Your own account of what happened
Sometimes hearsay evidence (what someone has said) is considered. However:
• It is usually less strong than direct evidence
• Its reliability is carefully checked
• It is considered alongside other information
If there is not enough reliable evidence, the University may not be able to investigate further.
Anonymous reports
You can report something anonymously, but this limits what the University can do.
This is because:
• The University may not be able to verify the information
• Investigators cannot ask follow-up questions
• The responding student has a right to understand and respond to the report that has been made about them.
Because of this, anonymous reports are mainly used to identify patterns and inform prevention work. They rarely lead to formal disciplinary action on their own.
University vs police investigations
The University is not a replacement for the police. The University does not have the authority to decide if a crime has taken place. If a crime may have happened, you will be encouraged and supported to report to the police.
University investigations:
• Look at whether a student has broken University expected standards of behaviour
• Use the standard of proof called ‘balance of probabilities’ (what is more likely than not to have happened)
If the police start an investigation, the University will be asked to pause its process to avoid affecting the criminal case.
Types of cases and processes
Not all reports go through the same process.
Depending on the situation, cases may be handled through:
• Level 1 (less serious cases often handled quickly and locally.)
• Level 2 (more serious cases such as, harassment, sexual misconduct, or violence)
• Other processes, such as: Misconduct in Accommodation processes, Students’ Union or Sports Union procedures or Fitness to Practise (for professional courses) or Fitness to Study.
The DO will make a decision as to which policy is used.
Provisional (temporary) measures
In some cases, always where there is a police investigation, but also where there is strong evidence at the outset that a breach of expected standards has more likely than not occurred and the reporting student or the wider student community could be at risk of harm, the University may take temporary safety measures before an investigation starts.
These are not a punishment and do not mean anyone is guilty.
They are used to keep people safe and may include:
• Limits to campus access
• Changes to study or University accommodation arrangements
• Temporary suspension (in serious cases)
How the investigation works
Reporting students are offered a meeting with either a Welfare Advisor or a trauma informed Investigator to discuss the investigation process and support provided.
The investigator will inform the responding student of the reports made against them, the incident/ behaviours being investigated, expected timelines and the process for investigation and decision making.
The investigator will then:
1. Meet with the reporting student to understand what has happened and review evidence
2. Meet with the responding student to hear their perspective of what has happened and review evidence
3. Speak to any relevant witnesses and review their evidence
You can choose to meet in person or online and bring a supporter (friend, staff member, or Students’ Union advisor). Specialist support (such as Sexual Violence Liaison Officers) is available where appropriate. The University’s Wellbeing, Welfare and Disability Inclusion teams can also be accessed as needed.
Summaries of your meeting will be shared with you.
Witnesses
Different types of witnesses may be considered:
• Direct witnesses: saw or heard the incident
• Outcry witnesses: told about the incident soon after it happened
• After-the-fact witnesses: noticed changes in behaviour
The University does not use character witnesses (people speaking generally about someone’s personality) or indirect witnesses with no direct or relevant information. This is because they do not provide strong enough evidence about what actually happened.
Decisions and sanctions
At the conclusion of a Level 1 investigation a report will be prepared and shared with the Disciplinary Officer. Sanctions include
• No action (case dismissed)
• Verbal warning
• Written warning
• Other appropriate actions as relevant to the circumstances
All parties are informed of the outcome as soon as possible with a detailed explanation as to why the sanction has been deemed appropriate to the circumstances.
Where a sanction is imposed, for responding parties who are studying on programmes with Professional, Statutory and Regulatory Bodies requirements or Study Abroad elements, students will need to discuss this with their course lead.
Failure to comply with any action required following the outcome could result in further disciplinary action.
At the conclusion of a Level 2 investigation a report will be prepared and shared with the Disciplinary Officer. Sanctions include
• No action
• Level 1 outcome
• Referral to a disciplinary panel
All parties are informed of the outcome as soon as possible with a detailed explanation as to why the sanction has been deemed appropriate to the circumstances.
Where a sanction is imposed, for responding parties who are studying on programmes with Professional, Statutory and Regulatory Bodies requirements or Study Abroad elements, students will need to discuss this with their course lead.
Failure to comply with any action required following the outcome could result in further disciplinary action.
The University’s disciplinary process is confidential. Outcomes of investigations are shared with those directly involved or affected, but they are not made public in order to protect the privacy, welfare and rights of all parties involved.
Disciplinary panels (for serious cases)
If a case goes to a panel:
• It is heard by neutral, trained, trauma-informed decision makers, including a Students’ Union representative. The panel's diversity aims to reflect the University community, including with regards to sex and gender identity. We recognise that, in some cases, reporting students may have particular concerns or needs related to the composition of the panel. Where such concerns are raised, the University will make reasonable efforts to accommodate them, subject to the availability of trained panel members and the need to maintain procedural fairness and impartiality.
• All students and relevant witnesses attend separately with their supporters
• The responding student will be provided with relevant documents at least 5 working days in advance
• The reporting student will receive documentation relevant to their involvement
• There is no direct contact between students.
The Investigator will be invited to talk through their investigation and findings.
The reporting student is asked to present their case.
The responding student is then invited to respond to the reports made against them. They may be asked questions by panel members. They will have the opportunity to make any points they believe relevant to the decision of the panel.
The responding student may submit questions for the reporting student and/or witnesses via the Chair.
In all sexual misconduct cases, only the Chair can ask the reporting student questions. Other panel members and attendees must submit the questions through the chair, who will decide on their relevance.
The panel:
• Reviews all evidence
• Makes a decision based on what is most likely to have happened
Outcomes can range from:
• Warnings
• Conditions on study
• Suspension
• Expulsion
A formal record of the hearing will be kept by the Casework team. Generally, minutes from the hearing will be shared with both parties. However, in some cases it may be more appropriate to share a summary of the relevant sections.
Why outcomes differ
Sometimes the outcome may not be what you hoped for.
This can happen because:
• Decisions must be based on available evidence
• The University applies rules based on its policies (not criminal law)
• The standard of proof is different from court
• Some behaviours may feel wrong but do not breach University expected standards of behaviour, eg. someone holding a lawful, but offensive, view and talking about that view openly, but not targeted at an individual.
How long the process takes
The University aims to complete investigations within 60 days, to allow time to complete interviews with all involved. If there are delays, you will be informed.
Appeals and independent review
Both reporting and responding students (as those directly impacted by events) can appeal decisions at any point in the process.
Students cannot appeal solely because they disagree with the outcome.
Students have the right to appeal the decision if:
a. There was a procedural issue, or
b. New evidence has emerged.
Appeals are heard in writing by a trauma informed decision maker. They will not re-investigate the matter, but will review the initial report, evidence, witness statements and any meeting minutes.
Outcomes from an appeal include:
• Enforce the panel’s decision
• Remove the panel’s sanction / or implement an alternative sanction
• Refer the matter back for further consideration by the panel.
If you are still unhappy after the appeal:
• You will receive a Completion of Procedures letter
• You can ask the Office of the Independent Adjudicator (OIA) to review your case
The OIA service is independent, free and available within 12 months of the final decision. More information on the OIA can be found here - Office of the Independent Adjudicator for Higher Education - OIAHE
Further information
• More detailed information for reporting students - Guidance for reporting students
• More detailed information for responding students - Guidance for responding students
• Student Behaviour and Disciplinary Policy - Student Behaviour and Disciplinary Policy
• Students’ Union Disciplinary Policy - York St John Students' Union
• Misconduct in Accommodation Policy - Misconduct In University Accommodation – Student Information
• Fitness to Practice Policy - Fitness-to-practise-policy
• Fitness to Study Policy - Fitness-to-study-policy
• The University’s approach to dignity and respect - Dignity and respect
• Student Charter - Student charter