Procedure for considering allegations of harassment involving students

Introduction
1.	For the purposes of this document, 'harassment' is as defined in the School Anti-Harassment Policy. References to staff mean persons employed by LSE; references to students mean those registered on courses at LSE.
2.	This procedure is for use by:
	current or ex-members of staff who consider that they have been harassed by a student (in the case of ex-members of staff, the procedure can be instigated only during the period of three months following the date of termination of employment); students who consider that they have been harassed by a member of staff; students who consider that they have been harassed by a student.
	In certain circumstances, ex-members of staff may be entitled to use a modified harassment procedure, details of which follow at paragraphs 39 onwards.
3.	The School is committed to investigating all complaints thoroughly.
4.	Staff or students who have been the victim of a violent attack or sexual assault should inform the police immediately and seek medical help.
5.	Nothing in this procedure prevents those who either claim to be harassed or are allegedly harassers from exercising their legal rights.
Exclusions and conditions
6.	Staff and students cannot use this Procedure for grievances other than harassment. Separate procedures apply for other grievances. The Public Interest Disclosure Procedure provides guidance on resolving cases of harassment of people for disclosing information.
7.	All people involved in a harassment case, including witnesses, advisers and/or people chosen to accompany either party, must respect the confidentiality of both parties (i.e. the complainant and alleged harasser). A complainant's identity can be disclosed only with the express consent of the complainant. However, if an allegation is so serious that the School would be negligent not to pursue it, the School will inform the complainant of any disclosures it considers necessary (e.g. to the police) and will then proceed to disclose the information.
8.	The identity of the complainant will need to be disclosed to the alleged harasser. The investigator will check that the complainant understands this procedure before a disclosure is made.
9.	The person making the allegation will be protected from reprisal or unfair treatment because of making the allegation, whether or not it is upheld, unless there is substantial reason to believe that the allegation is based on information known to be false or has been made maliciously. Any incidents of alleged misuse of false or malicious information will be handled under the disciplinary procedure for staff or students as appropriate.
10.	No record of an alleged case of harassment will be placed on the record of any person file other than under these or the relevant disciplinary procedures.
Advice
11.	Students who are concerned about harassment may wish to speak to one or more of: Their Personal Tutor or Supervisor, or the Deans of Undergraduate, General Course or Graduate Studies. The Student Union Education & Welfare Officer. The Adviser to Women Students. The Adviser to Male Students. SU Advice & Counselling Centre. St Philips Medical Centre/Counselling Service. The Wardens of the halls of residence.
12.	Members of staff who are concerned about harassment may wish to speak to one or more of: Their Line Manager, Head of Division or Department. A trade union representative. The Staff Counsellor. ^
Form of procedure
13.	Allegations of harassment can be resolved under informal or formal procedures. The School will make every attempt to resolve an allegation of harassment informally. However, in serious cases such as alleged sexual assault, the formal procedure must be used.
Informal procedure
14.	Where a student considers that s/he has been harassed, or a current or former member of staff considers that s/he has been harassed by a student, s/he should contact either the Dean of Undergraduate Studies or the Dean of Graduate Studies. This should take place no later than three months after the alleged incident/s occurred.
15.	The Dean will talk with both parties separately in the first instance in an attempt to facilitate an informal resolution of the alleged grievance. S/he will take notes of the meetings.
16.	If all parties agree, the Dean will arrange a face-to-face meeting between the complainant and the alleged harasser. A second member of staff would be asked to attend as a silent observer and to take notes of the meeting, either the Associate Dean for General Course Students, a Warden of a halls of residence, the Adviser to Women Students or the Adviser to Students with a Disability.
17.	Either party may also request the presence of an additional silent observer of their choice. This individual's involvement must remain informal; a legal representative, for example, is inappropriate at this stage. Either party may request the presence of an interpreter if English is not his/her first language.
18.	At the end of the informal process, a written record of the case and of any agreed resolution will be produced by the Dean facilitating the process. The contents of this record should be agreed by the complainant and alleged harasser. Where agreement cannot be reached a dissenting party shall have the right to include in the record the reasons for his/her dissent. Copies of this record will be given to the complainant and alleged harasser and held by the Dean facilitating the process. The written record of this informal stage may be used in any formal procedure if subsequently instigated.
Formal procedure Making the allegation
19.	The formal procedure should be instigated if any of the following conditions apply: the complainant has chosen not to use the informal procedures; all attempts at an informal resolution have failed; the alleged offence is of a serious nature and/or a potential case of gross misconduct (e.g. sexual or physical assault).
20.	To instigate the formal procedure, a formal written complaint (using the form at Appendix A) must be submitted to the Academic Registrar no later than three months after the alleged incident/s occurred or within one month of the conclusion of an unsuccessful informal resolution process. It should explain the reasons for the complaint and provide all available evidence.
21.	Once the formal complaint has been lodged, the Academic Registrar will arrange for an Investigation Team (see Appendix B) to be convened. If a case involves students only, the Investigation Team will be composed of: 2 members of the Academic Board appointed by the VCAB; and a student representative appointed by the General Secretary of the Students' Union.
	If a case is brought by or against a member of staff, the Investigation Team will be composed of: a member of the Academic Board appointed by the VCAB; and a student representative appointed by the General Secretary of the Students' Union; and a trade union representative appointed by a recognised trade union. No one shall be appointed who has given advice to either the complainant or the alleged harasser in connection with the incident(s) concerned.
22.	If the complainant or the alleged harasser objects to the appointment of one or more of the Investigation Team, s/he must submit a written statement to the Academic Registrar, explaining his/her reasons, within three working days of being informed of the names. If the Academic Registrar upholds the objection, then alternative members of the Panel will be selected. Further objections may then be made under this paragraph but only in relation to the newly appointed members.
23.	Where a student is accused of harassment, the Investigation Team will make a recommendation to the Academic Registrar, who may recommend suspension to the Director pending the conclusion of the investigation. Where a member of staff is accused of harassment, the Investigation Team, if it does not recommend suspension pending the conclusion of the investigation, may nevertheless believe that the continued working together of the complainant and the accused is undesirable during the investigation and may request alternative working arrangements or special paid leave. A member of staff may make such a request on his/her own behalf to the Human Resources Director who will endeavour to make arrangements.
Investigation
24.	As soon as the complainant and alleged harasser have consented to the appointment of Investigation Team or if no response is received normally within three days of informing the complainant and alleged harasser, the appointed members will be asked to begin their investigation.
25.	The Investigation Team will carry out the investigation as quickly as is reasonably possible and normally within twenty working days of the date of receipt of the written complaint. The complainant and the alleged harasser will be advised in advance of any extension to this period, including the reasons for that extension.
26.	The complainant will be interviewed first and the alleged harasser interviewed second. Both parties have the right to be accompanied during an interview by an observer of their choice (e.g. by a work colleague, trade union member, the Students' Union Education and Welfare Adviser or the School's Adviser to Women Students).
27.	The investigation will include meetings with both the complainant and the alleged harasser. The meetings will always include at least two members of the appointed Investigation Team. The complainant will be interviewed first and the alleged harasser interviewed second. Both parties have the right to be accompanied during an interview by a silent observer of their choice who is either a member of staff or a currently registered student.
28.	If the Investigation Team considers it necessary to interview witnesses, they must convey to the interviewee the need to respect confidentiality. The absence of witnesses will not necessarily be taken to imply that the alleged incident(s) did not take place.
29.	One of the Investigation Team will make a record of each interview and ask the interviewee to confirm that it is a true and accurate. Where agreement cannot be reached, the interviewee's reservations will be included in the record.
Report
30.	On completion of the investigation, the Investigation Team will submit a written report to the Academic Registrar, if the alleged harasser is a student; or to the Human Resources Director, if the alleged harasser is a member of staff. The report will include the dates and details of the alleged incidents; an explanation of any previous attempts at informal resolution; and a recommendation whether to uphold the allegation of harassment. The report will also include a copy of the interview records.
Meeting
31.	Having received the report, the Academic Registrar or the Human Resources Director, as appropriate, will meet the complainant and alleged harasser separately to inform them of the main elements of the report and to convey the decision s/he was minded to make, as well as explain the reason(s) for that decision. The complainant and alleged harasser have the right to be accompanied to this meeting by an observer of their choice (e.g. by a trade union member, work colleague, the Students' Union Education and Welfare Adviser or the School's Adviser to Women Students) and to make oral representations. A written statement of the decision will follow in five working days of the second meeting.
32.	If the decision is not to uphold the allegation of harassment, the Academic Registrar or Human Resources Director as appropriate may nevertheless recommend that one or both of the parties involved in the case consider training, counselling or a voluntary transfer or change in the reporting relationship (if possible) if a working relationship has become untenable.
33.	If an allegation of harassment against a member of staff is upheld, the Human Resources Director may invoke the disciplinary procedure for misconduct or gross misconduct.
34.	Where an allegation of harassment against a student is upheld, the Academic Registrar may refer the matter for action under the Student Disciplinary Regulations. Where the matter is not so referred, a record of the decision will be placed on the student's file.
Appeals
35.	Either the complainant or the alleged harasser may appeal against the decision in 32, 33 or 34, except that no appeal shall be heard under this procedure where the matter is referred under the appropriate disciplinary procedure or regulations.
36.	If a complainant wishes to appeal, s/he must inform the Academic Registrar (if the complainant is a student) or the Human Resources Director (if the complainant is a member of staff) of this fact within seven days of receiving the decision against which the appeal is made. Any appeal must be in writing and must set out the ground(s) on which the appeal is based.
37.	On receipt of an appeal, the Human Resources Director or the Academic Registrar shall refer the matter to a Pro-Director who will invite the appellant to attend a further meeting to discuss the appeal. At this meeting, the appellant will have the right to be accompanied by a friend as given in paragraph 31.
38.	After the appeal meeting, the Pro-Director will inform the complainant of the final decision (which will exhaust the School's anti-harassment procedures) and, if a student, of his/her right to make an external appeal to the Independent Adjudicator for Higher Education.
Modified procedure for ex-members of staff
The modified procedure is for use by ex-members of staff, but only where the ex-member of staff, Academic Registrar and Human Resources Director agree to use the modified procedure.
39.	An ex-member of staff is still entitled to use the standard formal procedure referred to above.
40.	Where an ex-member of staff wishes to use the modified procedure, the ex-member must write to the Human Resources Director seeking agreement to use the modified procedure providing a brief explanation of the reasons for the complaint.
41.	The Human Resources Director must decide whether to agree to the request or insist that the standard procedure detailed in the full procedure be followed.
42.	If the Human Resources Director agrees to use of the modified procedure the ex-member of staff should submit a written statement with an explanation of the reasons for the complaint and providing available evidence.
43.	The Vice Chair of the Academic Board will be asked to appoint a member of the Academic Board to investigate the complaint and will prepare a report based on the information submitted in writing by the complainant and the interviews with the alleged harasser and any witness.
44.	The Human Resources Director will write to the ex-member of staff to explain whether or not the grievance has been upheld.
45.	There is no right of appeal with the modified procedure.
Withdrawal of a complaint
46.	Only the complainant can decide whether to pursue or withdraw a complaint. This may be done at any time during the investigation, by formal notice to the Investigation Team which may decide that the complainant should be proceeded against for making a false statement and/or a malicious allegation. If no further action is to be taken, all records of the allegation shall be destroyed. It is not open to a complainant to withdraw an allegation once the investigators have completed their report.

Appendix A

THE LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE

Harassment Complaint Form

CONFIDENTIAL: For investigating Panel members only.

Name of the person making the complaint

Name(s) of alleged harasser(s)

Nature of the complaint (this should include a description of the behaviour and why it is felt to be unacceptable, date(s) and location(s) of occurrence

Any steps taken to stop the harassment. (Note: It is useful for the investigator to be aware of any action taken by you. However, if action has not been taken, this will not prejudice your claim.)

I recognise that for a formal complaint to be pursued it will be necessary for my identity to be revealed to the alleged harasser, and I hereby give my permission to the investigator to do so.

Signature:

Date:

Appendix B

The Anti-Harassment Panel

Training shall be given to the Investigation Team to ensure that its members are suitable investigators. The objectives of the training shall include:

Awareness of what harassment means, the forms that it can take and the impact on individuals;
Development of listening skills;
Investigation interviewing and report writing;
An understanding of the School's relevant policies and procedures;
Resolution of complaints of harassment with the least damage to the people concerned and compatible with a just outcome.

On appointment, the members of the Investigation Team shall be required to confirm their commitment to allocate time as necessary to investigate a formal complaint. For members of staff, their respective managers shall also need to confirm in writing their understanding of the time input that may be necessary.