Reporting Sexual Violence and Sexual Misconduct

What counts as sexual misconduct?

Sexual misconduct means any unwanted behaviour of a sexual nature. For example:

• sexual acts, or attempted sexual acts, without consent
• unwanted sexual touching or kissing
• unwanted sexual comments or advances
• sharing someone's private sexual images or videos without their consent
• indecent exposure
• repeatedly following someone without good reason

It can happen to anyone, whatever their gender, sexual orientation, age, disability, faith, race or background. It is never your fault.

Not sure whether what happened counts? You don't need to be sure before you talk to someone. An SVLO can help you work it out.

SVLO stands for Sexual Violence Liaison Officer. They can support you from your very first conversation, through any reporting process, and afterwards. The Union SVLO Service is free and impartial. Before you share anything, your SVLO will explain how your information is handled.

Your Options

You can choose one of these, more than one, or none. You don't have to decide today.

Report to the police

You can report to the police, with or without reporting to the University. If you want to do both, see If the police are involved.

Report to the University

Make a written report so the University can investigate under its Sexual Misconduct Policy.

Make no report

That is a valid choice. You can still get support, and you don't need to decide today.

Get advice and support

Support is available whatever you choose, and whatever the outcome of any investigation.

If what happened involved sex without consent

A Sexual Assault Referral Centre (SARC) is a specialist service. It lets you make an anonymous report and have evidence stored while you decide whether to go to the police. An SVLO can refer you with your agreement, and your SVLO can talk you through what to expect.

Making a disclosure

Telling the University or the Union what happened is called a disclosure. It is separate from making a report. A disclosure does not automatically start an investigation, and the Union and University respects your right to choose what happens next.

Different ways to tell someone

1. Talk to an SVLO at the Union of Students: svlo@derbyunion.co.uk
2. Talk to the University's SVLO, in person or by email: svmlo@derby.ac.uk
3. Fill in a Cause for Concern Form. Staff who hear a disclosure must record it on this form. If you ask them to, they can leave your name, and the other person's name, off.

What happens next

The SVLO will explain your reporting options and the specialist support available. You can then choose to report to the police, report to the University, make no report, or get advice on support. You can do more than one of these.

Telling the University anonymously

You can tell the University without giving your name, to get support or to help it understand what is happening. To keep an investigation fair, the University can't normally investigate on the basis of an anonymous report. It may use anonymous reports to take other action to make things safer.

If it happened a while ago

You can still tell the University. A disclosure is treated as "historic" if the other person is no longer an active student. The University may not be able to take disciplinary action against them, but it will still:

• gather information about your report
• take steps to improve safety, and liaise with the police if appropriate
• support you, and keep a record on file in case the person enrols again

Making a Report

A report is a formal written statement asking the University to investigate under its Sexual Misconduct Policy. It is your choice, and you can withdraw it at any point.

How to report

1. Write a statement. Say who the other person is (the Responding Party) and what happened. Include the names of any witnesses and any evidence you have.
2. Use the template if it helps. Ask either your SVLO or Student Conduct team for it.
3. Email it to the Student Policy and Regulations team: studentconduct@derby.ac.uk
4. Get help writing it. Your SVLO (svlo@derbyunion.co.uk), the University's SVLO (svmlo@derby.ac.uk) or your designated support person can help.

If the person is a member of staff or a contractor, this student procedure doesn't apply. HR takes action under a different process. Your SVLO can explain how to report this, including the University's Report and Support route.

After You report

Your report is acknowledged.

A Case Officer from the Student Policy and Regulations team is assigned and confirms they have received it.

You are offered an initial meeting.

Eitehr by video or in person; The Case Officer explains how an investigation works and checks the details of your report.

You receive a written note of the meeting.

You will be asked whether it is accurate, and whether you agree to take part in an investigation.

The other person is told.

As soon as possible or appropriate after your meeting, a summary of your report is shared with the Responding Party, who is also offered an initial meeting.

Keeping you safe while it is looked into

The University can take precautionary action to manage risks while an investigation is ongoing. The Student Policy and Regulations team carries out a risk assessment first. Action can include:

• conditions on the other person, for example no contact with certain people, moving accommodation, or keeping away from certain places at certain times
• a temporary suspension from the University or its facilities
• a behavioural contract
• a referral to safeguarding

Tell your Case Officer or your SVLO about any safety worries, at any point.

The Investigation

One or two trained Investigators gather the evidence, supported by your Case Officer. They look at whether the University's Sexual Misconduct Policy, or the Student Code of Conduct, has been breached. Investigators don't decide on sanctions.

What to expect

• How long it takes. Every case is different, so there is no set timescale. The University will keep you updated at each stage.
• Your meeting. You will meet the Investigator to explain what happened in your own words. This normally happens first, before any witnesses and before the other person. You get at least five working days notice to arrange support and gather evidence. You can ask to meet sooner if you prefer.
• A safe space. Investigators should make meetings safe, comfortable and supportive, and you will be offered breaks.
• Witnesses. You can name witnesses. They give written statements, may be asked to meet the Investigator, and must keep it confidential. Witness statements are shared with both of you.
• Evidence. Submit all relevant evidence at the time of the investigation. Everything submitted is shared with you, the other person, the Investigator(s) and the Case Officer.
• Recordings. Meetings are recorded on Teams or another device. The recording is confidential, and you can ask for access. It is deleted once the case, and any review, is finished. Making your own recording, or copying or sharing the University's, without permission is a disciplinary offence.
• No contact. You and the other person mustn't contact each other during the investigation unless the Investigator says so. You may be given a "Behavioural Arrangement" to help avoid contact. If you feel unsafe, tell your SVLO or Case Officer straight away.
• Confidentiality. Everyone involved is expected to keep appropriate confidentiality. Ask your SVLO what this means for you, including who you can lean on for support.

Who can come with you

You have the right to bring someone to any meeting. This can be:

• a Union of Students representative, such as your SVLO
• a member of University staff
• a fellow student, a family member or a friend

They are there for moral support. You are expected to speak for yourself, and it is up to the University whether the person with you can speak in the meeting. A Union of Students Advocate can advise you and advocate on your behalf. The University does not normally allow legal representation.

Changing your mind

You can withdraw your report at any point. If you do, the University normally can't continue the investigation, but it may still take steps to keep students safe. It decides this case by case.

The Outcome

At the end, the Investigator writes a report. They decide whether, on the balance of probabilities (more likely than not), the evidence shows the policy was breached. There are two possible findings:

The evidence does not support a breach

The case is dismissed and there is no disciplinary action. Support continues for both of you.

The evidence indicates a breach

The case moves to the University's Student Disciplinary Procedure, where the next steps are decided.

You will be asked how you would like to hear the outcome: by email, in a virtual meeting or in person. You will also receive the Investigation Report, which explains the decision, the findings and any recommendations.

Asking for a Review

Either you or the other person can ask for an Investigation Review. It checks that the investigation was fair. You can ask for one if there is evidence that:

• the investigation was not carried out in line with the procedure
• mitigating circumstances, which you could not reasonably have reported at the time, affected your ability to take part
• important new information has become available that was not reasonably available at the time

What happens next

• The Student Policy and Regulations Manager (or someone they nominate) considers your request. If it isn't accepted, you will be told why.
• If it is accepted, both of you are told. A different Investigator, who had no earlier involvement, carries out the review.
• The review can confirm the original findings, send the case back for further investigation, or add or change the recommendations.
• If a review substantially changes the findings, both of you can ask for a further review on the same grounds.

If the police are involved

You can report to the police and the University. Here is how the two fit together:

• The University can still receive your report while there is a police investigation or court case, or one is likely.
• It will not normally start its own investigation, or will pause one, while criminal proceedings are happening. It will still take precautionary action. You and the other person will be kept updated.
• The University is not the police. It can't decide whether a crime took place. It only looks at whether its own policy was breached, and its process is not a substitute for a police investigation.
• If the police or Crown Prosecution Service take no further action, or the person is found not guilty, the University can still act. This does not mean your report was false or malicious.
• If the person is convicted or accepts a police caution for behaviour covered by the policy, the University treats that as conclusive evidence. No further investigation is needed and the case goes to the disciplinary procedure.

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