Student Misconduct Complaints

Issues with other students whilst at University

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This information is provided by the
Student Support & Advice Team

The University of Lincoln has two complaints avenues available to students,

  1.  Student Misconduct Complaints – Alleged misconduct involving other University students
  2.  Student Complaints – Services provided by the University

This page gives you further information about making a Student Misconduct Complaint.

If you wish to make a complaint about any services provided by the University please follow this link: Student Complaints

Complaints about University Accommodation services need to go through a separate Accommodation complaints procedure initially. Please follow this link: Accommodation Policies and Procedures for further information.

If you are considering making a complaint to the University or would like further help with a complaint please contact the Student Support and Advice Service. To book a confidential telephone appointment with a professional adviser, please email studentsupport@lincoln.ac.uk  or telephone Student Support on 01522 837080.

 

The Student Misconduct Regulations in Part P of the University’s General Regulations provide a means for you to raise a complaint about alleged misconduct involving another student or students of the University to attempt to get the issue resolved. ie, bullying and harassment.

The University’s authority regarding alleged student misconduct is not limited to its own premises, nor to behaviour which occurs in the UK. The Regulations therefore apply to behaviour both on and off campus (including online); provided the alleged victim is a student or member of staff of the University, the University itself, or others visiting, working, or studying at the University; and to alleged misconduct which relates to University activities (including students taking up residence in the local community). The University cannot act in the place of a private landlord or the police.

The University’s definition of misconduct involves actions which fall into one (or more) of the categories below:

  • actions that cause actual or potential distress or harm to others (regardless of intention);
  • actions that disrupt the normal operations of the University and/or safe use of the University including bringing the University into disrepute;
  • actions that cause actual or potential damage to property;
  • actions that interfere with the work/study of others or impact on the University’s normal operations;
  • failure to disclose any criminal investigation or conviction, court or legal order, in process or obtained whilst as a student, or if prior to enrolment is found would impair a student’s ability to study on the basis of safeguarding;

An allegation of misconduct against a student can be reported by another student, a member of University staff or a person external to the University.

The University will not normally investigate anonymous allegations. If a complainant has legitimate concerns about their identity being disclosed as part of a student misconduct investigation, they should advise Secretariat on submission of the allegation so that the University can consider what, if any, steps can be taken to safeguard the right of the complainant as well as the student(s) against whom the allegations are being made.

A report of alleged misconduct must be made within 3 months of the date of the alleged misconduct occurring. However, it is recognised that it can be difficult for individuals to bring reports forward within these timeframes in cases of alleged serious misconduct. If a report is received after this time period has elapsed, then the Deputy University Secretary will be asked to decide whether the report should be exceptionally accepted for consideration under the Regulations.

The Students’ Union (SU) has its own disciplinary policy for its members and, when exhausted, the SU may refer students to the University’s process.

To make a formal Misconduct Complaint you must contact a Governance Officer and request a Misconduct form.

The form should then be completed and submitted together with all evidence that the reporting person wishes to provide in support of the allegation. It is the reporting person’s responsibility to ensure that they provide a detailed statement of events and all evidence they wish to provide in support at the point of submitting the form. Failure to do so may result in the case not being taken forward.

A report of alleged misconduct must be made within 3 months of the date of the alleged misconduct occurring.

It is essential that if the reporting person believes the matter is one which constitutes an offence under criminal law, that this is reported to the Police. The University has limited investigative powers and cannot prove a criminal allegation has or has not occurred. Any disciplinary action is undertaken as a breach of the University’s Regulations and is separate from and is not a substitute for a Police investigation or a criminal prosecution.

Prior to completing this form, students are encouraged to reach out and speak confidentially with the Student Support Centre, Student Wellbeing, or the Students’ Union Advice Centre for advice on options, or some personal support and guidance. Students can use the online tools available via the Student Services webpages to find out more information and seek guidance about how to access specialist services.

The University will not engage with a third party, such as a parent/guardian or other relatives, and consent cannot be given to act on behalf of the student under these Regulations owing to the need to safeguard the personal data and confidentially of parties for whom the University has such a legal obligation. Failure to keep student disciplinary information confidential is considered to be an act of misconduct and will be treated as such under these Regulations.

When a completed proforma is received, it will be determined whether:

  • The matter falls within scope of the Regulations as a matter of General Misconduct.
  • The matter falls within scope of the Regulations as a matter of Gross Misconduct.
  • The matter does not fall within scope of the Regulations.
  • Additional information is required in order to make the above determination.

The Governance Team are the determining authority as to whether an allegation falls within scope of these Regulations and under which, if any, definition of student misconduct. Explanations of the differences between the definitions and, the subsequent processes followed, including timescale, can be reviewed within the Student Misconduct Regulations.

Further information can be found in the: Student Misconduct Regulations

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