The Policies and Complaints Process

The Policies

There are two policies that the Dignity, Respect & Consent (DR&C) Service provides information and support about: Dignity & Respect and Sexual Misconduct.

These policies apply to all members of the University community, those supplying services to our community, or availing of services from our community.

This includes, but is not limited to:

• all Staff,
• all Students,
• Guest Lecturers,
• Alumni,
• any person on occasional/ temporary/ sessional work,
• Members and employees of Clubs/ Societies who are not Trinity Students or Staff,
• Contractors and Sub-contractors,
• Consultants,
• Vendors and Suppliers, and
• all those, including retired Staff, who engage with the University and it’s associated bodies in any capacity.

These policies apply to all areas of the University's operations and programmes. It applies to conduct which takes place at:

• the University's campus,
• any other University,
• any other place where our Staff or Students represent the University or are engaged in a University connected activity,
• on-campus residences,
• events such as social functions, conferences, sporting events, field trips, or work assignments, and
• placements, internships, or secondment in other organisations.

These policies apply to all forms of interaction and communication between people, directly or indirectly, including:

• the spoken word,
• digital communications,
• photographs,
• images,
• written, and
• other non-verbal communication, including via sign language, through gestures and in posters.

The DR&C Service is available to provide information about these policies and the supports available. Use the Booking Form to request an appointment with a DR&C Support Advisor.

Dignity & Respect Policy

The purpose of this policy is to set out the University's key principles, approach and procedures on the subject of Dignity and Respect in the University community. 

It aims to maintain a positive, safe environment for employees, students and other community members which is free from any form of negative treatment, including discrimination, bullying, or any form of harassment.

Read more in the Dignity & Respect Policy.

Sexual Misconduct Policy

The purpose of this policy is to set out the University’s key principles, approach and procedures on the subject of Sexual Misconduct in the University community. 

It aims to maintain a positive, safe environment for staff, students and other community members which is free from any form of negative treatment, including sexual harassment or sexual assault. 

Read more in the Sexual Misconduct Policy.

The Complaints Process

There are various resolution pathways available, which are set out below, the DR&C Advisors can provide further information on these.

When raising a complaint there are two available routes, informal resolution should be considered in all situations in the first instance.

Informal Complaints Process

The Informal route has four options to resolve issues, these processes are voluntary and both parties must be willing to take part and agree to this approach:

• Informal Conversation
• If and where appropriate, an informal conversation with the other party may help to resolve the matter. Bearing in mind that the behaviour may not have been intended, this can be the most expedient way to address the matter effectively.
• Informal Conversation involving a College Officer or Line Manager
• If appropriate, the Line Manager, Assistant Warden, Assistant Junior Dean or Tutor of the person against whom the concern or complaint arises may be engaged to facilitate dialogue with both parties. This may involve facilitating the parties coming together to identify if there can be a shared understanding of a resolution to the issues.
• Facilitated Conversation
• Facilitated conversation is an alternative method of resolving complaints and is an informal process seeking assistance from a third‐party to facilitate dialogue between the parties. This may be another suitably skilled colleague, specialist or external support.
• Mediation
• Mediation is an alternative method of resolving complaints and is an informal process through which a Mediator helps the parties in a dispute to talk about the issues between them, and if they wish, to reach an agreement which is acceptable to both sides.

The DR&C Service is available to provide information about the Informal route. Use the Booking Form to request an appointment with a DR&C Support Advisor.

Formal Complaints Process

The Formal route has one option to resolve issues:

• Investigation

Complete form

The complaint must be made on DR&C Complaint Form.

The complaint should name the person against whom the complaint is raised and the details of the alleged act(s). The Form can be found here.

Preliminary Screening

Preliminary screening is carried out by a Screening Panel who decide on an evidentiary basis, whether the alleged behaviour falls within the definition of Dignity and Respect or Sexual Misconduct  as defined in the policies.

If it is found that the behaviour falls within the definition, the Screening Panel may:

(i) recommend if informal intervention should be considered, or

(ii) recommend that the complaint proceed to a formal investigation.

If it is found that the behaviour does not fall within the definition, this will be conveyed to the Complainant with explanation and options for further assistance.

Investigation

The services of an independent investigator may be engaged.  It may at times be appropriate to appoint co-investigators to a complaint.

Terms of reference are provided to all parties in advance of commencement of investigation.

Investigations will be handled with fairness, sensitivity and with due respect for the rights of both the complainant and the respondent.

Indicative timelines will be set out in terms of reference for completion of the various stages of the procedure to ensure the overall timescale is adhered to (as far as is reasonably practicable). Parties will be given reasonable time to consider the documentation and will have an opportunity to respond.

Bounds of confidentiality

All persons connected with the matter must maintain confidentiality. This includes refraining from discussing any aspect of the process, or its existence, with any person, with the exception of their chosen representative /advisor or support.

Breaches of confidentiality by any party are subject to the University’s disciplinary procedures.

There should be no communication in relation to the complaint between the parties concerned, directly or indirectly, outside of the investigation.

Investigation Outcome

If following investigation, it is determined that there is a case to answer, the investigation report will recommend whether disciplinary procedures should be invoked. This may result in disciplinary action being taken under the University’s disciplinary policies.

The complainant will be advised of the outcome of the investigation and if there is a case to be answered or otherwise. They will not be informed of any disciplinary measures that may arise from the case.

Appeal

Either party may appeal the outcome of the investigation. This must be done in writing and within 14 calendar days of the issuing of the initial decision and clearly set out the grounds for the appeal.

The other party will be advised of the appeal.

The Screening Panel will identify an appropriate party to conduct the appeal.

Post investigation

Management/Heads/Junior Dean will also take any appropriate actions, including preventative measures, and/or support for rebuilding relationships conducive to a professional and collegial environment.

Precautionary measures

In appropriate circumstances, interim arrangements can be made to facilitate all concerned parties, where possible, pending the outcome of the investigation.

Students: In appropriate circumstances, a student against whom allegations are made may be suspended from attending campus/class participation, in order to facilitate a thorough investigation. 

Staff: A staff member against whom allegations are made may be placed off duty on full pay, in order to facilitate a thorough investigation. In some circumstances, other precautionary measures may be put in place.

A precautionary measure is not a penalty or a sanction and does not indicate that it has been concluded that the person concerned has committed a breach of discipline.

Precautionary measures may potentially be kept in place following an intervention depending on the circumstances.

Notes on the Formal process

The DR&C Service is available to provide information about the Formal route. Use the Booking Form to request an appointment with a DR&C Support Advisor.

At any stage in the Formal route, the Complainant can seek to revert to Informal route.