Though an individual's perception of a situation or incident is important, whether behaviour amounts to misconduct will depend on whether this is a likely breach of section 2 of Regulation XVII (Conduct and Discipline of Students).  The definitions provide a wide spectrum of issues that could be viewed as misconduct.  

Appendix Two of the Procedure for Summary Disciplinary Panels and Procedure for the University Disciplinary Panel provides further examples of what behaviour may fall under definitions of misconduct.  

In the Types of Unacceptable Behaviour page of this website, you'll find more information about common types of cases that the University handles.

It is understandable to find yourself viewing a situation subjectively, particularly when there is personal connection to the behaviour someone is displaying.  For example, colleagues in Campus Support and Security often have to respond to challenging behavioural issues that may evoke a response to them, colleagues in ResLife have to attend to flat disagreements, colleagues in the Library need to ask people to reduce the noise. 

It can be helpful to try and view the behaviour objectively; pause and reflect.  Have I addressed the behaviour in the moment and have the appropriate messages been conveyed?  Is this behaviour something where I think more formal action is needed?  

It may be helpful to consider whether the behaviour might be explained by other circumstances or context that you're aware of.  For example, has the student just received some upsetting news or might they have a condition that affects how they may present to others.  If there is potentially an underlying support issue, then colleagues should signpost on to the appropriate support service, like a student's support hub, the Counselling and Mental Health Service and/or the Disability Advisory and Support Service.  The University's Stepped Care Model can help you navigate how to respond to support issues.  

Though support may be a factor in a case, this will not always justify misconduct and a balance may be needed between addressing misconduct whilst being supportive.  For example, a student who has depression cannot justify a physical altercation because of their condition.  

Initial warning(s) can be verbal or written.  However, putting something into writing (or confirming in writing afterwards) can help provide clarity for an individual and maintains a record of what has happened and what action was taken.  

Respectfully warn the individual that their behaviour is unacceptable: give details of why what they are doing which is unacceptable, and explain the effect the action or behaviour is having (e.g. distress/offence/impeding efficiency).

Clearly explain how the behaviour must be modified, and what action may be taken by the University if it is not.

You should feel empowered to:

• Ask someone for their identify, as failing to do so may be viewed as misconduct under Regulation XVII: "2o) failure to disclose name(s) and other relevant information to an officer or employee of the University in circumstances when it is reasonable to require that such information be given".
• Ask someone to temporarily leave an area of the University.  Note vi of the Guidance on Applying Student Disciplinary Penalties states "Where misconduct may occur, or be occurring, staff present should feel able to remind students of behavioural expectations, ask them to identify themselves and ask them to temporarily vacate a particular area or building."

The University should be a safe space for staff to work and students to study.  Neither group should feel the need to accept bullying or harassing behaviour. 

In the moment, some practical steps could be:

• Gently but firmly limiting the scope of the discussion.
• Taking a break or pausing the discussion.  
• Set out why your finding the individual's approach to be inappropriate.
• Suggesting continuing the discussion, or emailing back, at a later date.  
• Discontinue the discussion in full.
• If in person, ask the individual to leave an area or the building.  If they refuse, then you should consider leaving.  Ensure that you notify someone else and consider reporting to Campus Support and Security if necessary; you can contact them through the number on the back of your ID card or you can install the SafeZone app on your phone.

When you have experienced an incident of unacceptable behaviour, do share this with your line manager so that they can consider what, if any, the next steps might be to address the issue.  

All members of the University community can report an issue through the Report and Support platform.  This isn't a method of raising a formal complaint; it notifies the University of a report of concern and allow the University to reach out to the sender (if they are identifiable) with support and process information.  Submitting a Report and Support doesn't mean someone is formally complaining about an individual or something that has happened.

In distressing and challenging situations staff may want to consider if they have any welfare needs to explore for themselves.  The Counselling and Mental Health Service website has a page on Staff Support. 

Contemporaneous is an important factor to consider if a case goes to investigation or a panel.  This is because the record is made as close in time to when the issue arose when it is fresh in someone's mind, indicating it may be more accurate than a later statement.  Therefore, be sure to make a written record of any incidents of unacceptable behaviour, including:

• what happened and when
• a detailed account of any warnings given and why
• what information was provided to the student

Keep your record and any associated materials e.g. emails, reports etc together and store these in a secure area of the University's IT systems.

The University has a filtering system in place to decide whether a case is referred to a disciplinary panel.  Though the affected individual will be able to give their preference as to whether a case proceeds formally or not, it will be for the case handling area (via their Authorised University Officer) who decides what should happen in a case.  It could be that a case is not viewed as constituting misconduct, that further enquiry is needed, less formal action is recommended or the case continues to a disciplinary panel (or similar process).

Where there is a high risk from an individuals behaviour, the University (via Advice and Response) may need to consider precautionary measures.     

The review of the case by the Authorised University Officer is known as the 'Assessment' stage; you can find out more about this stage here. Ultimately, it may be appropriate to refer a case of non-academic misconduct to a Summary Disciplinary Panel or University Disciplinary Panel.

If escalation or formal action is considered appropriate, the Flowchart for addressing behavioural concerns may be useful.