Positive Engagement Policy

Purpose and Scope

The purpose of this policy is to encourage active and positive participation in the University's procedures which manage student-related conflict resolution and investigations.

This policy extends to all students, both past or present and representatives who communicate with the University on behalf of one or more of its students A representative is a person who wishes to support the student for example a parent, partner or other relative. A representative could also be support from a member of the Union of Students, a legal representative such as solicitor or student claims company, an advocacy service or a local MP. This list is not exhaustive.

Policy Statement

The Student Policy and Regulations Team, with the support of wider teams, are responsible for ensuring that the University’s student policies and procedures are managed fairly, transparently and in line with both University and external expectations and requirements.

The team can provide advice and guidance about procedures and related actions, the team also investigate cases of Sexual Misconduct. It is important to recognise that the team are not responsible for making decisions on case outcomes or sanctions.

We understand by the nature of the procedures we deal with, that students and their representatives who engage with us, can often be concerned, frustrated or distressed and it is recognised that people may act out of character in times of trouble or distress.

However, on balance, the University must also provide a safe working environment for all staff who are involved in supporting student case work - this includes but is not limited to, case officers, investigators, panel members and decision makers.

Requirement for Positive Engagement within Procedures

The University will not tolerate behaviour which is deemed to be unacceptable and therefore the following policy, sets out our expected standards of engagement/behaviours and the actions we may take if student or their representative behaviours fall below the accepted standards. This applies to the following policies and procedures:

What might we consider as unacceptable behaviour?

The University may consider the following as ‘unacceptable behaviour’, where it deems that there is evidence that the student or representative has behaved in one or more of the following ways:

At any point, should the university feel that behaviour could be criminal the matter may be reported to the Police. The University may not give prior warning of this action.

How will the University manage unacceptable behaviour?

When a student or representative’s behaviour is considered to be unacceptable, the University will initially tell the student or representative what one or more behaviours are a cause for concern and why their behaviour is considered to be unacceptable. The university will ask them to stop or change their behaviours and issue an initial warning.

If behaviours continue after the initial warning, the University may use one of the following consequences:

  1. Requiring the tone and language of the correspondence to be respectful and moderate in all future correspondence
  2. Requesting contact in a particular form
  3. Restricting telephone calls or emails to specified days and times
  4. Requiring contact to take place with a named officer of the University
  5. Asking the student to appoint a representative, for example a Union of Students representative, to correspond with the University on their behalf
  6. Asking the student and/ or representative to enter into an agreement outlining expectations of their future conduct

The University may decide that more than one of these actions is required. In deciding the consequence, the university will also take into account any relevant personal circumstances of the student and/or representative.

The consequence may be time limited, or for the whole period of the case being considered (until internal procedures have been exhausted).  If required, consequences may be reviewed and amended.

The decision regarding the consequence of unacceptable behaviour will be communicated to the student, or representative, by the Student Policy and Regulations Manager (or nominee).

Consequences of Continued Unacceptable Behaviour

In instances where a complaint is considered to be vexatious and/or malicious, or where a student or representative continues to behave in a way that is considered to be unacceptable, the Student Policy and Regulations Manager (or nominee) will decide whether University should take the following actions:

Refer into Student Conduct Procedures:

  1. For students, in line with the Student Code of Conduct the student may go into Student Disciplinary procedures.
  2. For students on professional programmes, in relation to student’s professional conduct, the Professional Conduct and Professional Suitability procedure may be initiated.

And/or:

Close the case:

  1. The case is closed, and Completion and Procedure letter issued where appropriate.

Regarding the closure of a case, this would be considered in exceptional circumstances where other attempts to manage the student or representative’s engagement and behaviour has been exhausted.

Request for Review

Should the student or representative not agree with the restriction(s) or wishes to object to a decision to close a case on the grounds above, they can request a review by the Director of Student and Academic Services by emailing academicregs@derby.ac.uk within 10 working days of the date of the communication, detailing their concerns.

The Director, or nominee, will consider the student or student’s representative’s request and the following outcome may be given:

Interlinking policies