Dignity and Respect Student Procedures

Step 1 -  Assessment of the behaviour

• Students who feel that they are being harassed or bullied should consider if the conduct in question constitutes harassment/bullying as defined in the Dignity and Respect at Work and Study Policy or Section 6 of this document. Individuals may complete the self-audit checklist to aid their assessment of the behaviour as bullying or harassment (see Appendix 1).
• Harassment or bullying can sometimes be difficult to prove. If they feel able, a complainant needs to keep an accurate record of any incident. Think about what behaviour is happening, how does it make them feel, dates, times, places, and people involved.
• For concerns relating to sexual harassment and sexual misconduct, please refer to the specific Sexual Misconduct Policy for Staff and Students and accompanying procedures document.

Step 2 - Request that the Behaviour Stop 

• Unless a student feels that they are unable to, or where they feel it may be dangerous, uncomfortable, or stressful, they should initially discuss the matter with the person/people concerned and request that the unwanted behaviour stop. It is important to stick to the facts. In this situation, individuals should talk about the impact of the behaviour on them, using examples where necessary, and ask the person responsible to stop the unwanted behaviour. To get advice on how to manage a conversation regarding unwanted behaviour, contact a Dignity and Respect Ally by emailing studentreport@dcu.ie.
• If they feel able, the person who feels they have been bullied or harassed, should raise the issue as soon as possible after it has happened. It is important that any meeting should be an open, two-way frank discussion. The meeting should be held in a private but safe space away from distractions. Raising the issue with the individual(s) allows them to be made aware of the problem and to desist from the specific behaviour.
• A person who feels they have been bullied or harassed may decide to go to Step 3: Facilitated Resolution or to Step 4: Formal Complaint process.

Note: Students accused of bullying or harassment should refer to Appendix 2- ‘What do I do if I have been accused of bullying, harassment or discrimination - Self Assessment’ of this document. 

Step 3 - Facilitated Resolution 

a)         Raise the matter with one of the Dignity and Respect Ally or a person of Authority 

If the person engaging in unwanted behaviour is a student and the complainant is uncomfortable asking for the behaviour to stop themselves, the complainant should report the matter to a Dignity and Respect Ally or the Student Policy Officer.  This should be done in writing by email with as much detail as possible to studentreport@dcu.ie or student.support@dcu.ie and include the self-audit checklist in Appendix 1. The staff member will arrange an initial meeting to discuss the complaint and complete a Bullying, Harassment and Discrimination Report Form.  If the complainant is in agreement, the Dignity and Respect Ally will contact the respondent and request a meeting between all parties involved (see facilitated meeting below). Details provided in the report template will be used as evidence when the respondent is contacted.  If it is a staff member, the line manager of a member of staff engaging in the unwanted behaviour can be contacted. See the Dignity and Respect Staff Procedures for more information. 

b)         Facilitated Meeting

The facilitated meeting is convened by a Dignity and Respect Ally. Through mediation, a solution may be found at which point the issue will be deemed to have been resolved. Where mediation does not provide a solution, the complainant may proceed to Step 4, the formal complaint procedure.

As part of a facilitated meeting the complainant is asked to provide a written statement outlining the situation. This is provided to the respondent prior to the facilitated meeting, to allow all parties time to understand the reason for the meeting. A Dignity and Respect Ally will be allocated to the respondent who can provide support to the respondent prior to a facilitated meeting. A brief written record of the meeting will be kept, in line with relevant data protection legislation, and agreed outcomes and dates will be noted by the relevant person responsible for managing the resolution. 

Step 4 - Formal Complaint 

In cases where the informal procedure has not been successful, it may be necessary to invoke formal procedures. See next section ‘Submitting a Formal Complaint’ for detailed information on the formal complaint procedure. Escalating a complaint to a formal process should only be done after reviewing all aspects of the circumstances surrounding the complaint. Being able to evidence a reasonable decision-making process is important. 

If the informal processes have proven unsuccessful, the complainant may wish to lodge a formal complaint. The following sections outline the procedures for lodging a formal complaint, the outcomes, potential consequences, and appeals process.

1 Submitting a Formal Complaint (Involving a student)

The student must write to the Secretary of the Disciplinary Committee with full details of the complaint (see Disciplinary Committee - Section ‘Complaints under the Code’ ) including copies of all or any relevant notes of the alleged behaviours, for example, a copy of their Bullying, Harassment or Discrimination Report Form. Although a complainant may decide to access the formal complaint process at any time, where an allegation of harassment, bullying or discrimination is made, and informal resolution has not been attempted, the Chairperson of Disciplinary Committee may ask the Student Policy Officer, or their nominee, to explore other options before proceeding to the investigation stage.

Upon receipt of the complaint, the Chairperson of Disciplinary Committee will provide the complaint to the person named by the complainant who for these purposes will be called the respondent(s). Details of the Disciplinary process can be found in Section 6 of the Student Code of Conduct and Discipline.

Being the subject of a complaint can be upsetting and may leave you feeling vulnerable and alone. It can be helpful to talk to someone about what is happening. Emotional support is available through the DCU Student Advice Centre or the DCU Counselling & Personal Development Service for Students. 

2 Submitting a Formal Complaint (Involving a staff member)

If a complaint is made against a staff member, the incident will be dealt with through the Staff Procedures for Dignity and Respect. If a member of Senior Management is the subject of the complaint, the DCU President should be contacted directly. Where the President is the subject of a formal complaint, it should be made directly to the Chancellor of the University.

3 Investigating a Complaint                                                                          

The Student Code of Conduct and Discipline Sections 7 and 8 contain procedures concerning the University Disciplinary Committee (UDC).  The objective of an investigation by the UDC is to ascertain whether, on the balance of probabilities, the behaviours complained about occurred. It will have already been established that the behaviours align with definitions of bullying or harassment.  The complainant and respondent can access advice and guidance regarding the disciplinary process from Student Support & Development via a Dignity and Respect Ally.

4 The Findings of Disciplinary Committee

The decision of the Disciplinary Committee will be verbally communicated to the student on the day of the hearing and in writing by email or post following the hearing. 

5 Withdrawing a Complaint

Should the complainant decide to withdraw the complaint, it will not be possible to reactivate it or the resolution process for the same issue.

Should the complainant withdraw from the process, the respondent(s) or the investigating committee may request that the investigation continue to provide a finding about the complaint. This is to ensure that any member of the DCU community accused of behaviour which breaches the terms of the Dignity and Respect at Work and Study Policy has the opportunity to answer the charge and receive a formal determination from the investigating committee.

6 Potential Outcomes of a Formal Complaint Process

The role of the Disciplinary Committee is to consider the case put forward by the complainant and the respondent. 

The panel may find in its view.

●                   Harassment, bullying or discrimination did take place

●                   Harassment, bullying or discrimination did not take place

●                   The behaviour of one or other or both parties contributed to the breakdown in relations

●                   No harassment, bullying or discrimination was evident, and the claim appears to be malicious or vexatious.

Penalties may be applied in accordance with the disciplinary procedure under Section 9 of the Student Code of Conduct.

A student has the right to appeal a decision of the Disciplinary Committee on the following

grounds:

1.     there is new evidence or evidence which was, for good cause, not presented to the Disciplinary Committee which might reasonably have resulted in a different decision;

2.   there were procedural irregularities (including administrative errors) that give rise to reasonable doubt as to whether the Disciplinary Committee would have reached the same decision had they not occurred;

3.   the evidence considered by the Disciplinary Committee did not support the findings made by the Disciplinary Committee;

4.    the penalty imposed by the Disciplinary Committee was unreasonable or disproportionate having regard to all the circumstances of the case.  See Section 10 of the Student Code of Conduct for more information.

An appeal can be lodged by following the steps outlined here.

A malicious complaint can be described as an allegation made without foundation, and with malicious intent, where a person knowingly or without regard to whether it is true or not, accuses another person of allegedly bullying or harassing them. This could also apply to where one person maliciously complains of someone allegedly bullying or harassing a third party, without fully exploring the veracity of the claim.

If proven to be malicious, the person making such a complaint may face disciplinary action up to and including expulsion in serious cases, particularly in cases where the good name and reputation of another member of the university community has been unjustifiably brought into question.

It would be exceptional for the University to pursue a formal investigation where the reporting party is a third-party, the reporting party is reluctant to pursue a formal report, or where the reporting party has chosen to remain anonymous.  There are limitations in responding to these types of reports, such as the lack of detail provided, that could impact on the rights of respondents as per the rules of natural justice.   In these situations, the University will examine reports on a case-by-case basis.  However, if a reporting party wishes to make an anonymous report to note that an incident happened, they can do so through ‘SPEAK OUT’. Here they will have access to information and support should they wish to pursue a report or support in the future.

Speak Out, is an anonymous-reporting tool for DCU staff and students. The tool allows any member of staff or student to submit a report of bullying, harassment or discrimination in a way that protects their identity and the identity of the alleged perpetrator. The tool is completely confidential and no identifying information is collected.

The anonymous reporting tool will assist the University to monitor data related to experiences of sexual misconduct within the University to identify trends and patterns. The University will then use these findings to inform future work: for example, to identify training and information needs and any gaps in current policies and procedures or to address areas of risk which had not previously been identified.  To anonymously report an incident, go to SPEAK OUT.