To think the uni have a duty of care and can't leave a sexual abuser with in a flat with girls

[orangesnapples]

My daughter is on her last year of university and moved back into halls as the last place she was in had some drunk people living next door who would break into the house ( 4 girls one gay guy) and cause quite a bit of stress and left them all feeling unsafe.
With it being the last year, they all felt that they needed some security so as to be able to study feel safe etc and all moved into a apartment in halls together.

They have a new flat mate let's call him A
They have had a few problems such as family visits that take over the flat and communal areas for days on end so daughter ends up eating pot noddles in her room. A will get very drunk and verbally abusive, and occasionally physically threatening.
Last month A had a female visitor, ( very loud verbal sex, banging and screaming ) daughter and friends made some complaints to A dad who basically said I know he's a nightmare but he's not in our house no more so not our problem. DD and pals made complaints with the management team and several times security has been out.
DD called me yesterday in tears. A had a visitor, more loud sex screaming and banging, only this time followed by sounds of fighting, and loud bangs. Then 15 minutes later police smash the door in and drag A out. His visitor was found in the car park battered and bleeding with broken fingers and torn clothes.
Police have bee back and taken statements and one of DD pals gave them a video. Police said A will only be held for 24 hours and university say they can't kick him out of the flat. Police want DD and pals to be witnesses in court but they are all terrified of having to live with him while he knows they are giving evidence against him.
Surly tne university have a duty of care towards the girls. (2 of which are abuse survivors)
Thank you for getting this far. I'm so worried about my girl and her friends.
Is there anything they can do?

This is an awful situation for your DD. I think you need to clarify who owns the Halls. Even if it is a private company the Welfare Officer at the Students Union should be able to help. Also look at the details of the tenancy agreement.

By the way, I went to Uni in 1991 and all Halls were mixed so hardly a new thing.

You need to make a formal complaint with your DD to the following departments within the University. This all needs to be in writing, with proof (recorded delivery etc) and following the rules for accommodation complaint/ harrassment. The student handbook should highlight this, or give pointers as to where to access the rules.

The email/ letter should be addressed to particular persons in charge, and not a generic dear sir/ madam...it makes them accountable.

1. University accommodation manager
2. The Dean
3. Course tutor - outlining how this has impacted on studies
4. Student support and welfare service manager

Despite being afraid, it would be good if one of the girls at least could give witness statements and cooperate with the police. They should ask the police if they can report him for domestic abuse...since he has been so nasty and presents an onward risk to others. This would open up grounds for an injunction, which would prevent his access to the flat. If the University kick him out, he would leave anyway as his funding would expire.

Communication with University departments should outline the police events to date, the verbal abuse, the fears of the girls and their right to a safe education under safeguarding/ bullying rules, the risk of emotional trauma or physical abuse that could lead to a personal injury claim against the University...and a claim for compensation linked to harm to education due to stress etc. It should be worded politely and calmly, but firmly. If the University have the legal impact outlined to them, they may well act to expel him...especially if it is pointed out that the assault was not a one off incident, but part of a string of abusive events towards students.

This is terrible OP i hope your daughter and flatmates can get through this without affecting studies too much..am sure if you follow advice given the university will advise but just incase they need to look at extenuating circumstances/mitigating circumstances

I've heard some really scary stories about halls of residence lately.

My middle DD went back into halls for her final year (ie, her really important exam year) and was put in with a load of first years, who spent all their time partying, having loud sex, letting friends of both sexes stay over, smoking, drinking...DD couldn't revise.

She complained to the university, who did nothing except 'have a word' witht he students concerned who, all being away from home for the first time and never having been allowed to drink, smoke or date boys before, were having the time of their lives and didn't listen!

DD came home and just travelled in for exams. Resulted in her missing one exam, but she was given no leeway for it and lost marks as a result. I was horrified.

I would write straight to the VC. They will have to act on it and they are the ones that can pull the strings required.

All the advice you're getting here is based on the accommodation being university-owned as people aren't seeing your post which clarifies that it's not. These privately-owned student accommodation companies are absolute sharks to be honest and I'd be very surprised if they did anything - it's no different to your daughter renting from a private landlord. Either way, it's them you need to be speaking to about the housing situation.

Are you able to go to these meetings with your daughter?

I did this when my daughter had uni problems ( nothing like this sort of thing)

When you are in your late teens sorting stuff out like this can be overwhelming.

I would check whether the halls she is living in is a nomination hall (means they usually have a contractual agreement with the university) if they are the university should have some power in this situation. I have worked in halls most of my career and dealt with something very similar, we decided to move the person into a one person studio flat for the duration of the issues that arose.

@Campervan69 students are adults. Adults don’t live in single sex housing in the real world. Who are “they” that are having “so many problems with sexual assaults by students” that you refer to?

If the halls are privately owned, whilst the University have a duty of care and can remove him from the course the Halls are a totally different matter and will be governed by tenancy laws. He will be in breach of contract so can eventually be removed from the halls but this process is lengthy and time consuming and certainly can't be achieved overnight unless he agrees to leave and surrender his tenancy. I work in student accommodation and despite what the media would have you believe the law is very heavily stacked in the tenant's favour in this kind of situation and while a lot of people have no sympathy for the problems this causes for the landlord they often forget about the untold misery it caused for other tenants, either in the same house or neighbouring houses.

In terms of practical advice - if the Halls in question are off campus most Universities have an off campus accommodation manager who may be able to pull some strings with the accommodation provider in question to get your daughter moved quickly. In my experience they are usually really helpful in these types of situation. Hope you manage to get it sorted.

OP above a post, in the strip with the poster’s name, there is “message poster” button on the right. That is how you pm ( i am on an ipad, it is the same on my laptop) .

Sorry if this has been mentioned as I just skimmed the thread, but she should go straight to the students' union. Like now, it should be open already. The support officer will help them understand their rights and advocate for them with the uni/accommodation provider.

If the accommodation is from a private provider rather than the uni itself, as others have said, it may be more difficult to have him moved - their code of conduct/tenancy terms may be different - but the uni should work with them to find a safe temporary solution as well as a longer-term one. That may involve giving them time off - would your DD be able to come home? (That's not an ideal solution, but given Christmas holidays start soon that's something I'd be looking at as an emergency measure).

She is absolutely correct though - this situation isn't safe either from the women's POV or indeed a witness protection POV. Actually, police may be another route?

Since the accommodation isn't connected to the university then there's little that can be done. It's not as easy for a private landlord to evict a tenant and A hasn't been found guilty yet.

They need to arrange a meeting with their landlord or letting agent and appeal to their better nature. Add in that they will go to the media. The company won't want negative publicity. And that they will contact the university, local councillor, etc, to encourage them to make it clear the accommodation leaves female tenants vulnerable and that it is not endorsed by the university. Basically, put pressure on them from every direction.

I'm seconding 'write to the VC'. Also get your DD out of there if you possible can.

Uni won't be able to terminate tenancy if the halls are privately run, so help your DD find somewhere else to live ASAP.

Uni CAN exclude 'A' from uni owned land on a temporary basis or permanently straight away though - so your DD should make a formal complaint of the behaviour she (and the police) are aware of immediately.

Uni should have policy on this under either sexual violence or bullying and harassment. It may be the uni has a 'reportandsupport' type tool, many do, so check that out too.

Could they get a solicitor to get them an emergency anti molestation order? know he hasn't beaten the other flatmates up but he has beaten at least one person in the flat so an injunction might well be possible as I doubt any of the authorities will act and why should all the women living in the flat have to endure him? It may not cost too much if the parents all club together.

In fact I think for violence there may still be legal aid (there is if spoues/live in lovers are violent).

The chances are the university will have a contract with the owner of the halls to provide accommodation for 1st years so it's still worth contacting them - they won't want this all over the news when people are applying for university places for 2020 and making their decisions.

OP are they in Scotland by any chance?

In fact I think for violence there may still be legal aid (there is if spoues/live in lovers are violent).

That's changed then - I couldn't get legal aid in those circumstances several years ago.

In fact I think for violence there may still be legal aid (there is if spoues/live in lovers are violent).

That's changed then - I couldn't get legal aid in those circumstances several years ago.

Also, pp are all being very helpful but honestly, they don't need solicitors and stuff at this stage, they need their student welfare officer. Who will pop to the VCs office, and who will then sort this out.

I completely agree with ThatsMeInTheSpotlight, making a huge fuss is the way to go.
I would add that in 1974, the university-owned hall of residence where I lived in my first year was mixed. Women and men on separate floors, though, so no mixed shared bathrooms (no en suite for us in those days, oh no!).
I wish your daughter and her friends all the best and hopefully they can get this sorted out in time for them to comfortably revise for their Finals.

Last sugggestion is to find out whether your DD's uni has a Dean of Students office and make a complaint directly to them. As others have said, the uni may not be able to intervene in privately run halls, but they should/will be able to find your DD alternative accommodation.

@bigdecisionstomake is exactly spot on. I used to manage student accommodation for one of the biggest private accommodation providers in the UK and tenancy laws make it very difficult to remove anyone quickly, even in situations like this. You would have a better chance of asking for your daughter and her friends to be moved, although it is unlikely they would be able to stay together. I'd also speak to the university housing team and get them involved as you are likely to get a resolution quicker if the university are involved with his case.

Ok can't find the code of conduct but they are definitely not apart of the university it's self as they are all over the country

Lecturer and former Head of Department & University Senator here: your DD is doing the right thing by consulting with her Personal Tutor, the University welfare/wellbeing service. She should also be in touch with the Welfare Officer of her Students' Union or Guild.

Her Department will be able to do very little, although her Personal Tutor can signpost the appropriate services who can help her. She might also discuss with her tutors the impact of this on her university work - see them now so that if she finds anything further happens, or there's an impact on her ability to submit assessments or perform in exams, there is a back story and shows she taking action to help herself.

As the accommodation is privately run, there is actually VERY little the University can do, except maybe help your DD liaise with the private Halls management.

She should of course go straight to the Hall's management and ask to be moved. Indeed, I"m surprised that the halls haven't removed Student A as I'm sure his behaviour has breached their regulations.

From what you say, there's a case for the University to see Student A on disciplinary grounds. But there's a real problem for all university staff in this - I have found myself in this crux several times.

While my ethic is "I believe her" we live in a society where everyone (even with obvious evidence) is innocent until proven guilty. So the University has to go through its published regulations and procedures in any action against Student A.

If you go to your DD's University website and get past all the annoying advertising gff aimed at Lower 6th formers for Open DAys, you should be able to dig into the actual working doscuments of the University. These are public documents and there will be a whole section about student behaviour and what procedures are to be taken when there is an allegation of misbehaviour.

However, universities are not the police nor the courts. It sounds like Student A needs to be charged by the visitor who suffered personal injuries. It's gone beyond the usual things we hear on Senate misdemeanour/disciplinary hearings (although I could go on for hours about the shocking level of cheating rife by undergrads).