Sexual misconduct disclosures

If a student presents in distress following a very recent incident of sexual assault, it is important to immediately assess whether:

• The alleged assailant is still in the vicinity and an imminent risk to either the student or others.
• Whether the student has any injury serious enough to require immediate medical attention.

If the assailant is still in the vicinity and an imminent risk to others, and you consider the situation to be an emergency, call the police on 999. Similarly, if the student has any serious injury that requires immediate medical attention, call an ambulance on 999.

**You do not require the student’s consent in these circumstances**

If the student’s disclosure is about an historical sexual assault or abuse, for example when they were a child or adolescent, find out if there are any children potentially at risk now such as: younger siblings or children who are in contact with the alleged perpetrator. If it is felt there is a potential risk to any children or vulnerable adults then contact a designated safeguarding officer immediately to report the risk to your Safeguarding Contact.

If the situation is not an emergency requiring the immediate attention of either the Police or paramedics, then invite the student to a quiet area where you will not be overheard or interrupted. If you are alone with a student who is distressed and feeling vulnerable, it is best to inform a colleague what you are doing.

If you are at all unhappy about dealing with the incident, remain with the student until alternative support can be found. We strongly recommend that the Wellbeing team are contacted to provide the support at this stage on 01695 650988.

It is important at all times to ask the student what they want to do. Do not make assumptions and do not act without their consent.

• Check if the student is happy to talk to you or would prefer to talk to someone else.
• If the student is accompanied, check that this person’s presence is welcomed and if not, tactfully explain that you think it best they leave to allow the student to regain some privacy.
• If the student is not accompanied, ask them if there is someone they would like with them who can be contacted for support.

Allow the student time to talk at their own pace, do not judge or anticipate what the incident is about. Each person’s experience of sexual assault will differ.

The police advise that any discussions stop as soon as a student says they wish to report the incident to the police. It is important that they are called as soon as possible after this decision is made. You can contact the police on 101.

It is important to not lead the conversation by asking questions, you are not investigating or gathering evidence. Any records taken as a “first responder” are known as a “first report” and can be used by the police or in court so it is important you do not take detailed notes as memories can be fragmented.

The police advise that any discussions stop as soon as a student says they wish to report the incident to the police. It is important that they are called as soon as possible after this decision is made. You can contact the police on 101.

• Listen and allow the student to talk without interruptions.
• Focus on what is being said not on what you are going to say or do.
• Do not make assumptions about what the student wants, feels or felt.
• You should always accept what the student says regardless of any private reservations you might have (save your reactions for a de-brief session).
• Do not make notes, just a record of the student’s name, alleged assailant’s name if known, time and date of the incident, and a brief description of the support you provided as part of your duty of care to the student.
• You can show the student anything you have written down and ask them to confirm what you have written by signing it.

Provide the student with the Sexual Assault: Information for Students and allow them time to read it, take it away with them, or read it with them to ensure they have enough information to make an informed decision.

Briefly point out important information such as the time limitations that they may wish to consider if they are considering whether to report the incident formally or not.

If the student does not wish to report the incident to the police but wishes to preserve forensic evidence so that they can retain this option for the future they should report the incident to and visit SAFE Place, SAFE Centre or St Mary’s SARC. See information in the resources section for contact and website information.

We would strongly recommend wherever possible that you suggest to the student that they immediately contact staff in the Wellbeing team in relation to disclosures as they are trained in this area and will be able to advise and support the student.

You can also provide signposting information to external support services. See the resources section for more information.

If you believe the alleged assailant may pose an imminent risk to the student or others, or where you feel there has been an injury inflicted on the student that requires urgent medical attention you do not need the student’s consent to call the police or an ambulance.

Where there is no imminent risk or severe injury requiring immediate medical treatment, the student has options about what to do next. Options for consideration are:

• Report formally to the police – This can be immediately or it can be in the future. If the student wishes to report to the police it is preferable they make the call to the police themselves, however if they feel unable to do so and you have their consent you can call the police on 101. If the student chooses to report to the police they can still report to the University as well. Sometimes a student may wish to report it themselves or with your support, therefore they may need to find a telephone in a private location where you can make the call together.
• Providing forensic evidence – Forensic evidence may need to be collected and this can be stored if the student is undecided but wishes to keep the option available to them to report it formally in the future. It is important this decision about reporting the incident formally is led by the student and that you provide them with the information they need to make an informed choice. If the student wishes to provide forensic evidence ensure they are aware of the guidance and time limitations and contact SAFE Place, SAFE Centre or St Mary’s SARC to arrange this.
• Seek medical help – It is important the student seriously considers seeking medical help if they are injured or at risk of pregnancy or contracting a Sexually Transmitted Infection (STI). It is not appropriate to call an ambulance against the student’s will but you can offer to arrange a medical appointment for them or recommend they visit A&E.
• Ask the student if they want you to contact a friend or family member.
• Alternative accommodation – Check if the student needs alternative accommodation to be found regardless of whether they live on campus or in private accommodation. If alternative accommodation is required contact Student Services on 01695 650800 during office hours or Campus Support 01695 584227 out of hours.
• Report the incident formally to the University – It is recommended that students report the assault to the University, even if it doesn’t involve another student or it has not occurred on campus so that we can support them. However, this is their choice so please do not use any pressure and give them time to make their own decisions. If they do wish to report it to the University then contact Student Services and ask to speak to a Campus Life Manager on 01695 657570 or via email [email protected]. If the incident involved another student or member of staff, the Campus Life Managers can follow the Disciplinary Procedures. These procedures differ from a criminal investigation in that we will only be able to consider statements from the parties involved, social media posts, texts and more but will not require any forensic evidence.
• Seek support from the Wellbeing team – Regardless of whether the student wishes to report the incident formally to the University or not, they can still access support through the Wellbeing team. To request an appointment contact [email protected] or call 01695 650988. If the student is unsure provide them with the information of how to refer themselves if they wish to access support in the future, or if they feel unable to make the appointment themselves and give you consent to do so, you can refer them for support.