Policy on the use of personal information under the Procedure for Handling Cases of Student Harassment and Sexual Misconduct
A copy is to be provided to the Complainant, the Respondent and any witnesses at the earliest contact.
1. Pembroke College has published a general statement which explains how it uses students’ personal information. See Pembroke College Data Protection Policy at /sites/default/files/wp-content/uploads/2012/06/dppolicypem.pdf. This statement provides information about how the College will use your personal information if you are a Complainant or a Respondent or a witness in a case considered under the procedure for handling cases of student harassment and sexual misconduct. Most of the information is already covered by the general statement, but there are some additional uses of personal data that need to be brought to your attention.
2. A summary of the information you provide as part of your complaint or response to a complaint or as witness testimony and procedural notes (e.g. a record of any actions and decisions and the dates they were taken; the dates of meetings) will be stored in a computer database which can be accessed by staff in the Tutorial Office. This data will be used to compile anonymous statistics about the use of the procedure. Those involved in the case may also make notes at meetings with you; you will be given an opportunity to comment on a written-up copy of those notes so that they can become an agreed part of the record. The information held by the Senior Tutor may be shared with others in the course of dealing with the complaint, and will be treated confidentially in line with the College’s general statement on use of personal information.
3. In the interest of fairness to all parties, the College will not normally accept an anonymous complaint under this procedure. It should be assumed that any information provided in support of the complaint, including the identity of the Complainant, will be provided to the Respondent. If you have concerns about the sharing of information between the Complainant and Respondent, you should seek advice from the Senior Tutor who has discretion to withhold information in exceptional circumstances.
4. The Senior Tutor and Tutor of either the student making the complaint or the student against whom the complaint has been made will normally be provided with a summary of the complaint, including the names of both parties, so that they are aware of the complaint and able to assist in providing support:
In some cases, it may also be deemed appropriate to inform the following:
Your Head of Department or Faculty
Your Supervisor (if you are a research student)
The College will aim to seek your consent for sharing information with those listed above, but in exceptional cases may decide that such sharing of information is necessary, for example, because it is in the public interest or to protect the interests of the Complainant or the Respondent. These decisions will be taken on a case-by-case basis, bearing in mind all the circumstances of the particular case. You will be informed of our intention to share the information and the reasons before doing so.
If a complaint is referred for investigation under the procedure, the College will seek your permission for the release of your personal information as included in the Investigator’s report before providing a copy of the report to the Complainant and the Respondent.
5. The College will normally respect the wishes of a person who is the victim of a crime and does not wish to report the matter to the Police. However, in exceptional circumstances, where the facts as they emerge give rise to concerns that there is a significant risk to members of the community, the Senior Tutor may make an executive decision to refer the matter to the Police. Unless there are exceptional reasons related to the case, the Complainant will be informed of the intention to report the matter to the Police and the reasons before doing so.
6. Any admission made in the course of this procedure (including any made in an agreement reached during mediation or during subsequent disciplinary proceedings) may be used as evidence in any subsequent proceedings in a court of law.
7. Any admission made in the course of this procedure may also be used as evidence in College disciplinary proceedings, but the College will abide by the confidentiality of a mediation agreement and will not seek to use it in evidence.
8. If you have any questions or concerns about this statement, please contact the Senior Tutor in the first instance.