FOI_24-071 Sexual misconduct

Date of response:  03 April 2024

We have now considered your request of 29 February 2024 for the following information: 

Question 1. How many sexual incidents have been reported to your university since January 1, 2021. Please provide information per month. 

Question 2. If possible, please provide a breakdown on the above complaints (1) per month since January 1, 2021 (ie harassment, sexual assault, rape)  

Question 3. Of the above (1) what was the outcome of each incident? 

Question 4. In how many sexual incidents reported to the university since January 1, 2021 was the suspect/alleged individual a member of staff at your university. Please provide information per month 

Question 5. What was the outcome of each of these incidents (4)?  

Clarification received 01 March 2024:  

‘The total number of those reports (for sexual misconduct and allegation of indecent/sexual offence) would be fine. Student reports only.’ 

‘In relation to reports where the alleged perpetrator was a student at the University and the outcome of any formal University misconduct investigation’. 

Our response: 

Please see our response in accompanying document, our ref: FOI_24-071 Appendix A.  

Explanation of data.  

Please note the figures provided are the number of cases where the identity of the alleged perpetrator for incidents occurring on campus was confirmed or named as a student at the University. This is for allegations made by students against students. 

The University would conduct formal disciplinary processes against a student accused of Sexual Misconduct where a report has been made against that student, and where the victim in each case wishes to proceed with formal disciplinary investigation, or the allegation against a student is seen to be a possible breach of General Regulations for Students – specifically regulation 10.1.18.1. 

The University would only investigate a case in order to ascertain if the student accused of sexual misconduct has breached General Regulations. We do not investigate whether an alleged offence took place or not.  

Please also note we have provided the number of students where, following a formal disciplinary investigation, were found to be in breach of regulation 10.1.18.1 or not found to be in breach of regulation 10.1.18, or the investigation has not yet concluded and is pending a final decision. 

With regards to the outcomes of investigations where the accused was a member of university staff, again we have only provided a response where a formal disciplinary investigation was undertaken and concluded. Staff will only be investigated to ascertain whether they have breached the code of conduct, not whether the alleged offence took place. 

On this occasion it is not possible to provide all the requested information. In line with your rights under section 1(1)(a) of the Act to be informed whether information is held, we confirm that the University does not hold any outcomes of formal investigations against staff for the years 2023 and 2024 because there were no disciplinary cases for those years. 

On this occasion, it is not possible to provide all the requested information. The Act contains a number of exemptions that allow public authorities to withhold certain information from release. We have applied the following exemption to question 3, 4, 5 of your request:   

Information about the number of staff or student  perpetrators of sexual misconduct and any  disciplinary  action or outcome that may or may not have been applied or taken by the University against a student / staff member as a result would constitute these people’s personal data, as defined by article 4(1) of the UK General Data Protection Regulation (GDPR).   

When a request is made under FOIA for information that includes personal data we  are required to consider whether  disclosing  the data would breach the data protection principles contained within Article 5(1) of the GDPR.    

In considering a disclosure under FOIA, the University must also take into account that any information released under the Act will be placed in the public domain, through our own disclosure log or by other means.    

On this occasion  the numbers of staff  and students, throughout the requested period, who were identified as alleged perpetrators and received  disciplinary  action  for sexual misconduct were low, and this increases the risk that any accused party/parties will be identifiable, where this is the case,  we have replaced  the  low numbers with <5, and combined these totals for the year.  The complainant would of course be aware of the accusation but may not be aware of any outcomes that may or may not have been applied to those involved. Others who were in some way connected to the circumstances or investigation of the complaint, and/or who are connected to the accused party/parties may also not be aware  of the exact nature or outcome of the complaint.     

We  believe disclosing the exact number of students and staff by month, categorised by disciplinary action or outcomes that may or may not have been applied would risk revealing personal data about the accused party/parties, where the overall numbers fell below five.  Where information relating to outcomes has been exempted, we have replaced this information with 'exempt s.40(2) personal information'.   We have followed the Information Commissioner’s guidance in assessing whether it is fair to  disclose  this information under FOIA. This involves considering the nature of the information, the expectations of and potential harm (of disclosure) to the data subjects, and how any legitimate public interest in this information is balanced against the rights and freedoms of the data subjects.     

This information is not made publicly available. The data subject(s) would not have had a reasonable expectation that this information would be made public, either now or at the time the information was created. Additionally, we have not  identified a lawful basis that would allow or require us to  disclose this information. We have therefore concluded that disclosure of this information would be in contravention of the GDPR.