APPENDIX A

Harassment and Sexual Misconduct Disclosure Procedure

Disclosure Procedure

1. Purpose of This Procedure

This Stage 1 Disclosure Procedure supports students, staff, and visitors in reporting behaviour that may constitute:

• Sexual misconduct
• Harassment (including discriminatory, racial, religious, disability-related, or gender-based harassment)
• Bullying or intimidation
• Violence or threats of violence
• Unacceptable behaviour related to sexual, interpersonal, or safeguarding concerns

The purpose of the procedure is to support the Complainant by understanding what outcome they are seeking, identifying any additional support needs, and, where appropriate, beginning an early investigation into the allegations raised to determine the next steps.

The procedure applies to applies to:

• All BIGIC students and staff
• Contractors, visitors, and third parties engaged with BIGIC
• On-campus, off-campus, online and digital environments

2. Important Information Before Starting the Procedure

Before operating Stage 1 of the procedure, all staff must:

• Familiarise themselves with the BIGIC’s Harassment and Sexual Misconduct Policy
• Read the Disclosure Report Form (Appendix A1)
• Understand safeguarding and risk-assessment principles
• Be aware of legal implications, including the potential criminal nature of certain disclosures
• Understand obligations under UK GDPR regarding sensitive data

This procedure is intended to be flexible, trauma-informed, andcentred on the needs and wishes of the Complainant, while balancing BIGIC’s safeguarding and regulatory responsibilities.

3. Who Can Receive a Disclosure

A disclosure may be made to:

• Any trusted staff member
• Designated Safeguarding Officers
• Academic or professional staff
• Security personnel
• HR (for staff-related disclosures)
• Student Support & Wellbeing
• The Disclosure Investigation Officer (if already appointed)

These individuals may receive the disclosure, offer immediate reassurance, and ensure the matter is directed to the appropriate trained member.

4. Staff Responsibilities when receiving a disclosure

A staff member who receives a disclosure must consider whether they:

• Are comfortable continuing the conversation and are in a safe and supportive environment.
• Have the training and capacity to conduct an Initial Support Meeting,
• Need to refer the matter immediately to a designated Disclosure Investigation Officer (DIO)

Staff should not attempt to investigate or assess an allegation themselves unless they are the DIO responsible for doing so.

5. Step by Step Stage 1 Disclosure Procedure

1. Upon receiving allegations/a complaint about behaviour or action that may fall under the scope of this policy, an Initial Support meeting should take place in a safe, confidential space. This meeting may form part of, or conclude, the Disclosure Investigation.
2. The person conducting this initial support meeting may or may not be the DIO appointed by a member of senior management in the institution. Where the case is assigned to another member of staff, the Initial Supporter will forward their Stage 1 Disclosure Report Form and/or any notes they made to the DIO.
3. The following protocols on making the referral are observed:
   • The Complainant’s agreement will be sought before the Stage 1 Report and any notes are forwarded to the DIO.
   • The Disclosure Report and as applicable any notes will be shown to the Complainant ahead of being forwarded to the DIO, so that they are aware of the content and can discuss this with the DIO;
   • The Complainant may be comfortable with the Disclosure Report being forwarded but not other informal notes made by the Initial Supporter. In this instance the Initial Supporter can just forward the Disclosure Report Form to the DIO but should ensure they advise the Complainant that if there is any information in the informal notes that is not contained within the Disclosure Report Form, the institution will not be able to take it into account or act upon it;
   • Where the Complainant does not consent to either the Report and/or notes being forwarded to the Disclosure Investigation Officer, the matter will not normally be progressed unless the Initial Supporter considers that there may be a safeguarding issue which overrides the wishes of the Complainant. This may particularly be the case for allegations concerning members of staff. Where the Complainant does not agree to this, the Initial Supporter will record in writing that this was the decision and will forward this written confirmation along with a copy of the Disclosure Report to the College’s Safeguarding Officer who will determine whether there are any Safeguarding concerns that necessitate the institution to act upon any of the information disclosed, consulting as necessary with the CEO.
4. The complainant is notified that their right to express their wishes about any action to be taken and are given reasonable time to consider their wishes. The time available to the Complainant and the actions taken will be determined by the circumstances of the case e.g where police involvement or safeguarding concerns mean that certain steps may need to be taken sooner.
5. The complainant is notified that any written or oral representations they provide may be used as evidence in a criminal investigation, should the matter be reported to the Police either by them, by another person or by the institution in line with its duty of care.
6. The DIO will take the time needed to interview staff and gather the information required to make a decision on next steps. As part of the investigation they will also consider whether supportive action is necessary for both the Complainant and Respondent.
7. The Disclosure Investigation Officer will draft the report and share with the Complainant so they can confirm what information they are comfortable disclosing. The Complainant will be advised about the implications and limits on the possible outcomes if certain information is not included. The DIO may also find it necessary to meet with the Respondent in order to determine the most appropriate next steps to close the investigation.
8. The Disclosure Investigation Officer will complete the Final Stage 1 Report Form (Appendix A1) and this will be released to the Complainant and the Respondent. The notes from individual meetings with witnesses will not normally be released with the report. The exception to this would be where respondents must consequently answer to allegations of misconduct. In such circumstances, a redacted version of any notes will be disclosed to the Respondent, the Complainant and the Misconduct Panel).

Using the Disclosure Report Form (Appendix A1)

The Disclosure Report Form should ideally be used from the outset, to record all relevant information, support accurate, non-judgemental documentation and avoid the Complainant having to repeat their disclosure. While it is discouraged, informal notes may be taken in place of the disclosure report form. These should be concise, neutral, fact-based and stored securely in accordance with the college’s data handling procedures. They must be passed to the Disclosure Investigation Officer for them to start their investigation.

Where a Complainant shares sensitive personal information and it is appropriate to strictly limit the sharing of that information, the Disclosure Investigation Officer will complete a secondary version of the Disclosure Report Form that the Complainant is comfortable to share to:

It is the responsibility of the Disclosure Investigation Officer to ensure that a second version of the disclosure is clearly labelled to ensure the correct copy is shared as part of the investigation.

5. Good Practice in Responding to Disclosures

Staff handling disclosures must:

• Use sensitive, trauma-informed language, responding calmly and without judgement, avoiding intrusive questions, and allowing the Complainant to speak at a pace that feels safe for them.
• Avoid requiring the Complainant to repeat the disclosure as this may lead to stress, distress and in extreme cases trauma.
• Allow reasonable time and flexibility for the Complainant to consider any proposed actions before information is shared onwards. This is to give the Complainant agency in the process.
• Ensure the Complainant is informed from the outset that although the Disclosure Investigation Officer will seek to act in accordance with the Complainants wishes it may be necessary to take actions which are not in accordance with their wishes. Examples include where there is a serious safeguarding concern, where the alleged perpetrator may post a risk of harm to themselves or others or an incident that the College is legally required to report.
• Ensure that the Complainant signs-off an information shared with others, including the final report before any action is taken.

6. Events which may instigate the Stage 1 Disclosure Procedure

Stage 1 should be initiated when an allegation is made that:

7. Precautionary Measures & Risk Assessment

Precautionary measures may include:

• No-contact directions
• Temporary timetable or accommodation adjustments
• Restricted access to facilities
• Temporary exclusion/suspension (higher threshold)

A Risk Assessment (Appendix E to the Harassment and Sexual Misconduct Policy) must inform decisions, especially where:

• There is risk of harm
• Multiple students are involved
• The case is staff-related

Precautionary measures must be:

• Necessary
• Proportionate
• Time-limited
• Regularly reviewed

If necessary, immediate referral may be made to:

• Safeguarding team
• Mental health support
• NHS or emergency services
• Police (with consent unless overriding safeguarding duties apply)

10. Legal Implications & Criminal Offences

Staff must advise individuals that:

• Written or verbal admissions could have criminal consequences
• Anything disclosed may be required as evidence
• Police may require institutional cooperation
• BIGIC cannot prevent anyone from reporting to the police

12. Completing the Final Stage 1 Disclosure Report

The Investigation Officer must:

• Consolidate all information into the final Appendix A1 report
• Agree wording with the Complainant where possible
• Clearly mark redactions or modified versions
• State the recommended next steps
• Share the report with:
  • The Complainant
  • The Respondent (where appropriate)
  • Relevant senior officers

13. Next Step Determination

Possible outcomes:

• No action (insufficient evidence or request of Complainant)
• Referral to Student Misconduct Procedure
• Referral to HR Investigation (staff cases)
• Referral to external agencies (e.g., NHS, Police)
• Instigation of precautionary measures
• Support-focused resolution
• Alternative Resolution (if appropriate and safe)

A written rationale must be included in the Final Report.

14. Complaints About the Stage 1 Process

Complaints that will not be accepted

• Disagreement with the Investigator’s decisions
• Complaints based on differing preferences of the Complainant
• Objections to police reporting decisions

Complaints that may be accepted

• Procedural flaws
• Bias or conflict of interest
• Unreasonable delay
• Failure to provide appropriate support

Complainants should follow see section 6 of the overarching Harassment and Sexual Misconduct policy.

15. Record-Keeping & Data Protection

All Disclosure Reports and associated evidence must be:

• Stored securely
• Accessible only to authorised personnel
• Retained in line with the BIGIC Retention Schedule
• Processed under UK GDPR and DPA 2018
• Logged for OfS Condition E6 monitoring

Redactions must be carefully documented.

APPENDIX A1 – DISCLOSURE REPORT FORM

Harassment and Sexual Misconduct Policy and ProcedurePolicy

(Stage 1 – Initial Disclosure Recording Form)