Procedure: Precautionary Measures and Criminal Proceedings

Precautionary Measures and Criminal Proceedings within University Investigations Procedure

 

14.4 Precautionary measures procedural introduction 

14.4.1 Precautionary measures can be imposed whether you are currently being investigated under criminal proceedings or not. If we decide to impose precautionary measures on you, you may be prevented from carrying out certain activities which can include but are not limited to:

  • Being on campus unless specific permission has been given to meet with the SUAC or Student Services;
  • Using our IT systems;
  • Attending placement;
  • Attending timetabled teaching sessions or formal supervision meetings;
  • Being in specific areas of campus including the library;
  • Being a member of a University committee or panel;
  • Contacting named people such as other students or staff members.

14.4.2 The precautionary measures we can implement are:

Informal Action

For example, we may ask you to keep us informed of external proceedings or engage with support services
Partial Restriction

This is where you are not permitted to undertake certain activities or attend certain premises, but you can otherwise continue with your studies without other restriction.

For example, this could be a restriction from placement activity or certain areas or facilities on campus. 
Partial Prohibition This is where you cannot attend the University campus but can study at distance. The only permitted attendance would be where Registry has given approval for exam attendance or attendance with support services or the Advice Centre in the Students’ Union.
Full Prohibition This is where you are prohibited from attending the University of Huddersfield campus and engaging with any University of Huddersfield activities.

14.4.3 If we have imposed precautionary measures, we will review our decision every 20 working days or sooner if you notify us that your circumstances have changed. You can challenge the decision in writing by email.

14.4.4 If we have imposed precautionary measures and you have upcoming assessments, you must let us know because in some circumstances we can make arrangements to vary the precautionary measures so that you can complete your assessments.

14.4.5 We will not generally implement precautionary measures for behaviour which is considered a minor risk and generally will only implement precautionary measures for major risks, though this will depend on the risk assessment we complete. We will seek to minimise the impact on your personal and academic life as far as is practicable with any precautionary measures.

14.4.6 The following lists are non-exhaustive of behaviour which might be classified as minor or major risk both to others and yourself.

 

14.5 Minor risks

Minor risk to others:

Isolated incidents of:

  • Verbal abuse
  • Inappropriate use of social media
  • Minor damage to property
  • Refusal to comply with reasonable requests
  • Anti-social behaviour which causes distress to others or damages the University’s reputation.

Minor risk to self:

  • Isolated incident of reckless behaviour
  • Some non-attendance at class
  • Evidence of low-level of emotional distress
  • Low level of alcohol or substance use

 

14.6 Major risks

Major risk to others:

Arrest for any criminal offence which did not occur on University premises, which may include:

  • Sexual offences
  • Violent offences
  • Arson
  • Terrorism
  • Possession or supply of controlled substances
  • Possession of an offensive weapon/firearm including imitation or replica products
  • Criminal damage
  • Threatening, abusive or insulting behaviour
  • Serious acts of theft, fraud, or deliberate falsification of records
  • Serious or persistent acts of bullying, harassment or intimidation
  • Serious infringement of University Health and Safety rules
  • Actions which are likely to bring the University into serious disrepute and/or cause interference to the normal operations of the University
  • Multiple or repeated ‘minor’ behaviours

Major risks to self:

  • Serious self-harm
  • Threats of / attempted suicide
  • Persistent non-attendance at sessions
  • High level of alcohol or substance use
  • Serious or repeated reckless behaviour
  • Self-neglect resulting in risk to self and/or distress to others
  • Social isolation
  • Being a victim of sexual exploitation
  • Being a victim of other serious offence
  • Homelessness

 

14.7 Student Visa Information 

14.7.1 If you are subject to restrictions and on a student visa, you may be reported to the Home Office depending on the terms of the precautionary measures. 

 

14.8 Precautionary Measures Appeal Procedure

14.8.1 If you wish to contest your precautionary measure, you may request a review by emailing studentconduct@hud.ac.uk with your reasons for appealing and any supporting evidence no later than 10 working days of the date you were issued with the measure. 

14.8.2 Once we receive your appeal and have confirmed that it was received by the deadline, we will ask an appropriately trained member of staff who has not been previously involved to review the decision. An appeal decision will be made within 20 working days from the date on which we received your request. This decision will be final. 

14.8.3 For your review request for review to be successful you must provide independent evidence where possible to demonstrate at least one of the following grounds: 

  • there was an irregularity in the way we considered the allegation and applied your precautionary measure;
  • the decision we reached was unreasonable with regards to the allegation received;
  • there was bias or a reasonable perception of bias in the way we considered the allegation and applied your precautionary measure;
  • you have submitted evidence that, for a good reason, could not have been provided to the University beforehand to provide further context and may lessen the precautionary measure imposed. 

14.8.4 If your appeal is not successful the original decision will stand.

14.8.5 If your appeal is successful, the original decision may be changed or it may stand but a different precautionary measure may be applied. 

 

14.9 No Contact Order and No Contact Agreements

14.9.1 For the safety of both you and another student, we may recommend that you enter a no contact agreement. Whilst recommended, this is voluntary and not a requirement of the procedure. This may also help to prevent any further breaches of the community code of conduct. If you both agree to enter into the agreement, it will be in place while you and the other student are members of the University of Huddersfield community or until Registry determines that the agreement is no longer required. It will mean you both agree to have no contact with one another. 

14.9.2 A potential penalty of an investigative procedure may be a no contact order. This is required for the safety of both you and another student and may also help to prevent any further breaches of the community code of conduct. As a penalty, you will be required to enter into the agreement with the reporting party and it will be in place while you and the other student are members of the University of Huddersfield community or until Registry determines that the agreement is no longer required. It will mean you both agree to have no contact with one another. 

14.9.3 If evidence is found to suggest there has been a breach in either a no contact agreement or no contact order from either party, this will be investigated under the Student Disciplinary procedure. This would be considered to be a breach of the community code of conduct.