Conflict & Misconduct

Within your group, you should look to create a culture that fosters the above environment from the beginning. However, conflict can occur even when this environment is in place. Causes of conflict could be:

• Personal issues;

• Unclear committee roles;

• Inadequate training;

• Bullying and harassment;

• Poor communication.

It's important to deal with conflict as soon as it occurs. This means facing it head-on and probably having some difficult conversations. This might feel really hard, but it will support your own personal and professional development, as well as working to resolve the issues!

To face conflict you should:

• Use an informal process where possible;

• Look to nip it in the bud and prevent it from escalating;

• Focus on the behaviours that have been displayed.

An informal approach to conflict should follow these steps:

1. Meet with those involved separately to find out their perspective, and listen carefully to what they have to say.

2. In these meetings, ask each party to think about how the conflict could be resolved.

3. Advise each party that if the issue is not resolved informally, the next steps would be to involve York SU or the University through a formal process.

4. If a solution is possible, work with both parties together to move forward positively:

   • You could arrange a meeting between both parties to talk through what's happened.

   • York SU can support you with this, such as having the Community & Wellbeing Officer present.

5. Monitor the situation and any agreement which has been put in place.

Important:

If at any stage a disclosure is made to you regarding harassment, violence, sexual violence, bullying or discrimination, please stop your informal process and advise the student where to seek help from York SU or the University.

Informal processes are only appropriate for minor disagreements or where allegations may have been made in error. If you are in any doubt, seek advice from the Community & Wellbeing Officer or your link staff member.

To help prevent future conflict within your group, work together as a committee to:

• Put systems and procedures in place which everyone understands;

  • e.g. agree that society matters are only discussed at formal committee meetings 

• Develop strong professional relationships with one another, separate and distinct from your personal relationships;

• Communicate regularly, professionally, and positively as a group to help you work together.

Remember, conflict is less likely to arise when there is:

• Trust;

• Communication;

• Understanding;

• Active Listening;

• Honesty;

• Professionalism.

If a student has behaved in an unacceptable manner, a formal complaint should be made to the via the Complaint Submission form outlining the behaviours and why they are believed to be unacceptable. This will trigger the use of York SU's Code of Conduct (by-law 12) which will be followed in addressing formal complaints.

After the complaint has been raised, an investigation will take place by a York SU staff member to establish the facts of what happened. They will produce a preliminary investigation report which is passed to the complaint handler, another member of staff, who will use the report to decide whether the matter should be closed or dealt with under formal disciplinary procedures.

If the matter is taken forward, there are two formal procedures. The first is local resolution; this could constitute a formal warning, writing a letter of apology, or a similar outcome. The second is a formal disciplinary panel, the process for which is outlined below:

• A review group is formed to undertake any further investigation that is required and to rule on the alleged breach.

• The review group may decide to invite the reported student(s) to a hearing, where the review group will form a panel and give the student(s) concerned the opportunity to state their case and respond to the allegations that have been made.

• Students have the right to be accompanied by a representative of their choice from the University community during the hearing, and to call witnesses as appropriate.

  • This witness could be a University or Union staff member (as appropriate) or another student.

• The review group will make a ruling on the breach and issue sanctions befitting the severity of the breach of the Code of Conduct.

• If a student is unhappy with the outcome of the ruling and/or the sanctions applied, they may appeal.

• An appeal will be heard by a panel who have had no previous involvement with the case and the student(s) will be asked to attend the appeal panel meeting.

York SU can also refer alleged breaches of the University's regulations or policies to relevant bodies within the University as appropriate.

Misconduct incidents occasionally should be raised to the University. This should happen in the following instances:

• If there is a clear case of an individual behaving in an inappropriate manner towards other students, regardless of whether they are in your student group;

• If there are allegations of harassment, violence, sexual violence, bullying, discrimination or other criminal offences.

To report an incident to the University, you can use the Incident Reporting Form on the Student Misconduct page. Students can report on behalf of others, and you can provide your contact details or report anonymously. However, if you choose to report anonymously the University will not be able to offer you any direct support or initiate an investigation or other formal process. 

If you provide your details, you’ll be contacted by a member of University staff within two working days. They will consider the case, investigate it, and then, if appropriate, put measures in place to safeguard the reporting person or anyone else involved. Depending on the outcome of the investigation, disciplinary procedures may be instigated.