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JGM, Solicitor
Category: Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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Can I sue Stirling university , they failed to

Customer Question

Can I sue Stirling university for negligence, they failed to tell me I was harassing a member of staff because he didn't complain and now they are saying they have decided that we should have no contact. Even though the allegations were never brought to my attention The SPSO and my MSP are satisfied with what is in place but I am not
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Harassment or otherwise of another person is usually a matter of common sense.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Well we were friends as I understood it, but when I asked if emotional boundaries between staff and students were the same as physical boundaries the university accused me of unwanted contact and have banned me from approaching the information centre when he is working. What I want to know is why did this only turn into misconduct when I raised concerns?

I have been told that because a complaint wasn't made against me I don't have the right to challenge the accusations. They are treating it as fact and the arrangements they have put in place are deemed to be fair, IF they had told me I was doing this I would have stopped it. Basically what has happened is I withdrew a complaint about boundaries, I am disabled so I need Darryl's support. I then complained about the no contact rule, and that is when they started spouting off duty of care to protect staff from unwanted attention, which I didn't know I was guilty off.

They are now saying the matter is closed, I am guilty end of story, but they won't show me the evidence of harassment? I want to resolve it through an adult discussion, they want to resolve it through no contact at all.

Oh, I sent some rude tweets about the person who made the decision, 5 tweets, and I got a disciplinary hearing and a written reprimand on file for a year! How can they provide evidence for 5 tweets but nothing for sustained harassment?

Many thanks


Expert:  JGM replied 2 years ago.
This is not a case I would advise you to take to court, I'm afraid. You won't win it. The university perceive that they are protecting a member of staff. Rightly or wrongly you have to put this behind you and move on.
Sorry this is not what you want to hear but you won't succeed in court.