30 June 2021
By email to:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Dear Edward Williams,
I refer to your Freedom of Information request received on 14 June 2021 about complaints
made regarding Lisa Keogh and the free speech and equality policies at the University.
Details of any exemptions applied are below. Where any information is “not held”, this is
explained below. Those parts of the University’s response (together with the details of how
to ask the University to review the management of your request, or thereafter to seek a
review by the Scottish Information Commissioner, should you wish to do so – please see
below) constitutes the notice in writing that the information specified is not held by the
University which is required under section 17 of the Freedom of Information (Scotland) Act
2002 (“FOISA”).
Your enquiry and the University’s response.
1. Provide the complaints made regarding Lisa Keogh.
The complaints were that the student made inappropriate comments during class
discussions for modules [redacted], which could be construed as discriminatory, and
had continued to make offensive comments and behave in a disrespectful manner
during class discussions, despite being made aware that their behaviour was harmful
to others and despite reminders about the University’s policies related to conduct.
2. Provide your free speech and equality policy(s) in force when the complaints were
made.
The University's Equality and Diversity Policy is publicly available here:
https:/ www.abertay.ac.uk/media/9661/2021-equality-and-diversity-policy.pdf.
The
University does not have a policy on free speech, nor does it have any policies that
constrain lawful free speech. Free speech within the law and challenging debate is
encouraged by the University for both staff and students. For additional guidance, the
University has a legal obligation to investigate al complaints but that does not mean
every element of a complaint is carried forward to any disciplinary process that may
or may not follow.
This concludes the University’s response.
Your right to seek a review of how your information request was managed
If you are not satisfied with our response or our reasoning set out above, you have 40
working days in which to require a review of our decision. Any such request should be put in
writing and should be sent to the University Secretary, Abertay University, at the address
provided below. The request should:
(a) detail your request for a review of our decision to be undertaken
(b) describe the nature of your original request
(c) explain the reasons why you are dissatisfied with our response
University Secretary
Abertay University
Bell Street
Dundee
DD1 1HD
Tel (01382) 308016
E-mail: x.xxxxxxx@xxxxxxx.xx.xx
If you remain dissatisfied with how your request for information has been dealt with, you also
have the right, in terms of section 47 of FOISA, and within 6 months, to apply to the Scottish
Information Commissioner for a decision as to whether we have handled your request
properly.
Information relating to your right to seek review is available from the Scottish Information
Commissioner's website:
http://www.itspublicknowledge.info
or by contacting the Scot ish Information Commissioner's Office at the following address:
Scottish Information Commissioner,
Kinburn Castle,
Doubledykes Road, St Andrews,
Fife KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
E-mail:
mailto:xxxxxxxxx@xxxx.xxx.xxxx
Website:
http:/ www.itspublicknowledge.info
Or via the SIC’s online appeals service:
http:/ www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/AppealingtoCommi
ssioner.aspx
If you are unhappy with the Commissioner’s decision, you also have the right to appeal
further to the Court of Session, on a point of law only, under section 56 of FOISA. Please
refer to the Commissioner’s website (details above) for further information about your right of
appeal to the Court of Session.
Yours sincerely,
FOI Processing
Abertay University
Abertay University is a registered Scottish charity, no. SC016040