160. It is also worth noting that responding effectively will require a clear
understanding of the circumstances in which a university can invoke
disciplinary proceedings, particularly in those situations where a student makes
an allegation of sexual violence against another student and does not wish to go
to the police. New guidance on this will be published in autumn 2016 following
the review of the 1994 Zellick guidelines which is described in chapter 6.
RECOGNISING EVERY CASE IS DIFFERENT
161. It is important that institutions recognise that there is no ‘one-size-fits-all’
response which can be applied to every case. There are a variety of factors which
may differ from case to case including whether the case is recent or historic,
whether the victim/survivor wishes to access a forensic medical examination,
whether or not they wish to report to the police and what internal or external
support they wish to access including psychological, mental health support or
sexual health services. Some but not all cases may involve a police investigation
and potentially a court case.
162. Furthermore, any response must be flexible enough to deal with a wide range of
scenarios. Individuals may suffer sexual violence either on or off-campus, in or
outside of term time or during a study abroad placement or work
placement/year in industry. Victims/survivors may vary in terms of their age
and whether they are studying part time or full time. The relationship between
the victim/survivor and alleged perpetrator will also differ from case to case.
Response mechanisms must be flexible enough to respond effectively to the
individual circumstances of a case and the specific needs of the victim/survivor.
Visa considerations and professional practice matters may also be a factor.
163. Irrespective of the individual circumstances of an incident, all universities will
need to take considerable care to ensure that their involvement has not done
anything to undermine a criminal prosecution or contaminate evidence relating
to the sexual offence. Furthermore, staff could potentially be called as witnesses
in a trial, so robust record keeping will need to be in place to account for any
involvement the university has had in relation to a sexual assault.
164. The response may involve carrying out an investigation internally, it might mean
implementing policies and procedures to remove or suspend the accused and
could include reviewing whether the university could have done anything to
prevent the assault by way of safeguarding and to reduce the risk of future
incidents.
BASIC PRINCIPLES
165. Institutions may wish to consider the following principles when developing their
own joined-up strategic response framework:
To respond effectively, there must be clear lines of accountability,
ownership and escalation. Ideally, accountability should be vested with
an individual who occupies a senior position, who has influence over
decision-making, resourcing and the capacity to ensure agreed processes
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