Harassment and Sexual Misconduct

Harassment

Harassment has the meaning given in section 26 of the Equality Act 2019 and section 1 of the Protection from Harassment Act 1997 (in its entirety, and as interpreted by section 7 of the Act).

Sexual Misconduct

Sexual misconduct means any unwanted or attempted unwanted conduct of a sexual nature. This includes, but is not limited to, sexual harassment, sexual assault and rape.

See policies for further definitions and information.

The Academy offers a range of options for students to raise concerns about their experiences of unwanted behaviour. This includes behaviour by another student, a staff member or a third party.

Since March 2021, the Academy’s Report + Support portal has enabled members of our community to disclose concerns anonymously or to ask for contact from an advisor about options. Students can also seek advice and support from staff including their Head of Year or Postgraduate Tutor, the Dean of Students, and Senior Case Manager.

The Academy’s Student Complaints Process (Academy Regulations) offers a flexible approach to reviewing and investigating reports of unwanted behaviour in line with student and staff disciplinary processes.

Support for students experiencing unwanted behaviour is assessed at the earliest opportunity by a specialist staff member who will consider the specific circumstances, the needs of the student and an assessment of risk to determine suitable preventative measures, which is also kept under review.

Where behaviour that may constitute a criminal offence is alleged, specialist support will be discussed. It will be for the student to decide whether to report this to the police unless there are serious safeguarding concerns.

Students accused of misconduct will also be offered support by a named staff member as well as an assessment of support, depending on the circumstances and needs of the student. Precautionary measures may be implemented where necessary in line with the Student Disciplinary Code (Academy Regulations).

See policies or Report + Support for further information.

Staff members play an important role in contributing to an environment free from harassment and sexual misconduct as well as in supporting students who wish to make disclosures.

The Harassment and Sexual Misconduct policy sets out the expectations and advice for staff who may receive disclosures from students regarding unwanted behaviour.

Specialist advice is also available to staff so that they can provide suitable information and support to students in response to concerns raised.

Staff experiencing harassment and sexual misconduct will also be supported and can report their experience via the process outlined in the Grievance Policy. The Academy’s HR People Partners provide a key point of contact for support and advice.

Staff can also use the Academy’s Report + Support portal to raise concerns and request support.

All information disclosed in relation to harassment and sexual misconduct must be handled sensitively and remain compliant with the principles of data protection, confidentiality, fairness and natural justice.

In relation to formal complaint processes, the use of information will be discussed with the complainant at the earliest stage and consent will be obtained within the process.

The Academy does not use Non-Disclosure Agreements (NDAs) and continues to be a signatory to Can’t Buy My Silence.

The Academy reviews and investigates complaints in line with our student and staff complaint and disciplinary processes. These processes remain flexible in order to respond to the circumstances of the concern and to support those involved.

Investigations are carried out by an independent member of staff who receives specialist training to enable them to gather, review and make decisions in a fair, impartial and balanced way, free from reasonable perception of bias.

The Academy will normally carry out investigations where there is a formal complaint by a student or staff member. There may be circumstances where the Academy instigates an investigation without a formal complaint to determine the facts of a situation and whether there is a reasonable likelihood that misconduct has occurred.

The Student Complaints Process is outlined in the Academy Regulations and additional support information can also be accessed via the Student Information Hub.

Staff can review the Grievance and Disciplinary Policies on SharePoint and also contact HR for advice.

Academy internal formal investigations and disciplinary outcomes are based on the balance of probabilities and do not constitute legal rulings.

Those involved in an investigation and disciplinary process will be given sufficient information to understand the outcome of a process including any decisions made and reasons for them.

All staff and students are made aware of the policy, procedures and responsibilities each year.

Staff undertake training through mandatory online modules and in-person sessions, as well as enhanced training for those in specialist roles.

Students are made aware of the policy and procedures each year through awareness-raising activities around behaviours, mandatory online training modules, and in-person training and workshops.

Bespoke training has been developed by the Senior Case Manager and is kept under review through feedback questionnaires and in consultation with the Students Union, Senior Management Team and Human Resources. Training has been developed to meet the specific needs and experiences of students and staff at the Academy and to enable everyone to contribute to a safe and supportive environment.

Harassment or sexual misconduct by a third party will not be tolerated. A third party is anyone who is not a staff member or student and may include freelancers, contractors, visitors and guests.

Staff and students can report incidents to the head of the relevant department or via Report + Support. Third parties can also report concerning behaviour through this portal.

The Academy recognises the value of collaborative and positive professional relationships between colleagues, and between staff and students.

A central aspect of this relies on professional integrity, trust, transparency and respectful boundaries that support safe and effective learning and working environments for all.

The Intimate Personal Relationship Policy outlines the Academy’s expectations, disclosure process, support and advice for staff and students.

The Academy’s Freedom of Speech Policy underlines our commitment to the principles of freedom of speech within the law, and academic freedom.

Our approach encourages open and honest debate, supporting a respectful and inclusive community whilst recognising that some expressions of free speech within the law may be considered offensive and unwelcome.