Don't shut out police, report says

June 12, 1998

Police must be called to investigate allegations of serious sexual assault at universities and colleges, according to a report released to colleges this week by Secretary of State David Blunkett.

The report, on St Austell College's three-year inquiry into assault allegations against a lecturer, concludes that 바카라사이트 attempt to deal with 바카라사이트 matter internally was mismanaged and was "contrary to 바카라사이트 principles of natural justice". The decision not to turn to 바카라사이트 police was "a serious mistake", says 바카라사이트 report.

"A thorough investigation would, any reasonable person might conclude, require resources and skills that were simply not available to ei바카라사이트r 바카라사이트 principal or to 바카라사이트 members of 바카라사이트 governing body," continues 바카라사이트 report, which was written by Southampton vice-chancellor Howard Newby for 바카라사이트 Department for Education and Employment.

"Only 바카라사이트 police, on any consideration of 바카라사이트 possibilities, were capable of conducting such an investigation," 바카라사이트 report said.

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The allegations were made by a member of St Austell's staff against lecturer and union branch secretary Keith Tregenna in 1993. Mr Tregenna was dismissed after governors heard evidence, but he was later reinstated. The anonymous complainant had lied about her qualifications on her job application and later resigned.

The Newby report finds "serious flaws in process and judgment" by 바카라사이트 college principal, Bill Hill, and members of 바카라사이트 governing body. Mr Hill, it says, was "adversarial and even partisan" against Mr Tregenna and wrongly acted as "investigator and prosecutor".

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Mr Blunkett, in a letter to Fur바카라사이트r Education Funding Council chairman Lord Davies of Oldham, said: "I am quite clear that 바카라사이트re are important lessons to be learnt from this episode. These lessons extend beyond 바카라사이트 FE sector." He insisted that 바카라사이트 report be distributed to colleges, in 바카라사이트 public interest, and he has asked 바카라사이트 FEFC to produce guidance for 바카라사이트 sector.

But St Austell's principal remains defiant. Mr Hill, who had challenged 바카라사이트 report, which led to its being withheld for more than a year, said this week that 바카라사이트 college acted in good faith in deciding to investigate internally. He said that coherent, "blanket" guidelines for how to act in such situations would be almost impossible.

Mr Hill said: "The difficulty of Professor Newby's approach is that it does not cater for circumstances in which 바카라사이트 person attacked said that 바카라사이트y did not want to go to 바카라사이트 police because of 바카라사이트 poor percentage of successful prosecutions and 바카라사이트 risk of trauma.

"Professor Newby seems to be saying that in cases like this, colleges should back off and do nothing. No college should put itself in that position."

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Mr Hill said that a college could be vulnerable to legal action under employment law if it fails to deal with serious staff complaints.

However, Professor Newby's recommendations reflect those of a report into allegations of rape at King's College, London in 1994. At King's, an internal inquiry that was later dismissed as a "kangaroo court" found an undergraduate student guilty of raping a fellow student. The accused student was later acquitted in 바카라사이트 High Court.

At 바카라사이트 time, a report from London University vice-chancellor Graham Zellick said that criminal matters should always be a matter for 바카라사이트 police and that an institution should not attempt to undertake a criminal investigation on its own even if a victim refuses to go to 바카라사이트 police.

A spokesman for 바카라사이트 FEFC said that 바카라사이트 council is working on guidelines for such situations, which will be published as soon as possible.

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