Policies
Sexual misconduct and harassment policy
Introduction
1. Content advisory: this policy contains descriptions of non-consensual sexual acts which some may find distressing. Please take care when reading.
2. In accordance with the University’s Student Code of Conduct, articulated in the Regulations and the Dignity and Respect at Leicester framework, the University expects all students to contribute to ensuring that the University is a safe environment in which to study, live and work.
3. The University is firmly committed to sustaining a positive environment free from any form of harassment and sexual misconduct. The University will consider any relevant allegations, normally with the support of a reporting party(s), in accordance with the Student Conduct and Discipline Regulations and associated policies and procedures, including this policy.
4. The University delivers training to all students covering sexual misconduct and harassment, including issues such as bystander awareness and consent. All students are expected to complete this training unless there are extenuating circumstances, such as being a sexual assault survivor.
5. The University considers all cases of sexual misconduct to be major interpersonal non-academic misconduct.
6. Where reference in this policy is made to a ‘case’ this means a formal report made by an individual(s) about the conduct of a student, which is being formally considered.
7. This policy applies to allegations about a student. Where an allegation is made about a member of staff, consideration of the allegation will be handled by Human Resources through the Managing Student Reports of Staff Misconduct procedure.
8. If a member of staff makes an allegation about a student, this will normally be considered through the student disciplinary process by the Student Conduct team, in line with this policy.
9. A report made about a student from an individual who is not a member of the University will be considered as far as is reasonable or practicable.
10. If a student makes a complaint of harassment or sexual misconduct against a person who is not a student or staff member, whilst the University has less influence or control over the matter, it commits to supporting and protecting the student wherever possible. This will include access to support resources, and signposting or referral to external resources as appropriate.
11. The University is not equipped or empowered to assess whether alleged misconduct constitutes a criminal offence, and its processes are not a substitute for a criminal investigation. It encourages students to report potential offences to the police, will support them through a report and investigation, and will co-operate with any police investigation in line with GDPR regulations, the Data Protection Act and applicable Information Sharing Agreements. If a matter is reported both to the University and the police, the Academic Registrar or nominee will decide whether the internal disciplinary investigation should continue in tandem, or be paused pending the outcome of the police investigation. In most circumstances it will be paused to avoid prejudicing police enquiries, unless agreed with the police.
12. Whilst the University’s policy aligns with a number of legislative definitions when assessing and making findings, its judgement as to whether sexual misconduct or harassment has occurred does not constitute a legal finding that a criminal offence has or has not occurred. The University’s discipline process is intended solely for the institution to determine whether its regulations have been breached, and is not a legal or criminal process.
Purpose
13. The purpose of this policy is to explain:
- expectations with respect to student behaviour;
- non-exhaustive definitions of what constitutes sexual misconduct and harassment;
- how allegations of such matters will be considered and investigated;
- the roles of staff and students in the discipline process;
- the framework and constraints under which the University operates when considering allegations of sexual misconduct and harassment;
- how the University works in partnership with external agencies;
- how reporting and reported students will be supported through the discipline process.
Principles
14. This policy is governed by the principles defined in the Regulations for Student Non-Academic Misconduct, detailed within Senate Regulation 11.
15. This policy adheres to the principles defined in the Office for Students Regulation E6 governing sexual misconduct and harassment.
16. When investigating and determining cases of misconduct, the University follows the Office of the Independent Adjudicator (OIA) Good Practice Framework.
17. This policy has been designed to comply with principles of natural justice and procedural fairness.
Scope
18. This policy applies to all registered students at the University of Leicester (“the University”) and underpins the Regulations on Student Conduct and Discipline, explaining how the Regulations are implemented for cases of sexual misconduct and harassment. In certain circumstances, the policy may also apply to applicants to, and former students of, the University, for example where an applicant has an unspent conviction for a sexual offence, or where concerns are raised about a student who has completed study but not yet graduated.
19. This policy applies to all types of behaviour that may be considered harassment and sexual misconduct, including sexual harassment. A non-exhaustive list of examples of types of sexual misconduct is given in Part 1 below. The University will consider and investigate any formal report of major misconduct that is deemed to be of a sexual nature under this policy.
20. Sexual misconduct can take place between individuals who know each other, are in a relationship with one another, have previously engaged in consensual sexual activity and between individuals who do not know each other. Those of any gender identity, age, ethnicity and sexual orientation, religious and non-religious beliefs, disability, marriage or civil partnership can commit sexual misconduct.
21. Sanctions applied following a disciplinary process will be determined by the nature of the misconduct, and will be proportionate and relevant, as detailed in Senate Regulation 11.
22. The University will consider disciplinary proceedings against students who have or receive convictions for offences under the Sexual Offences Act 2003, whether committed against another student or not.
23. This policy also covers conduct that could be considered harassment in line with established definitions, which are detailed in Part 2.
Part 1: Sexual Misconduct
Definitions
24. The following definitions are based on a reasonable perception of an act, recognising that one person’s perception of an event may be different to another’s. This list is non-exhaustive.
25. Sexual Misconduct involving physical contact
- Kissing, sexual intercourse or engaging in sexual acts without consent
- Penetration of the anus, vagina or mouth with any body part or other object without consent
- Attempting to engage in sexual intercourse or sexual acts without consent
- Deliberately removing or damaging a condom during sex without the knowledge or consent of the other person (stealthing)
- Any form of unwanted sexual touching in what may reasonably be perceived as a sexual manner without consent, for example, touching a person’s clothes, stroking their hair, touching their body or deliberately rubbing or brushing up against them.
26. Sexual Misconduct not involving physical contact
- Making unwanted remarks that may reasonably be perceived to be of a sexual nature, for example, making sexual remarks about a person’s body, asking questions of a sexual nature, making sexual comments or innuendo or telling sexual jokes
- Making unwarranted and unsolicited noises to another person such as wolf-whistling or catcalling or sex-based noises such as sexual grunting or moaning
- Conduct that could be considered sexual harassment under S26 Equality Act 2010
- Repeated, unwanted and unsolicited contact of a sexual nature either in person or by telephone
- Sharing or creating private sexual materials (i.e., those made of an individual with the understanding that they would not be shared) such as videos or photographs in physical spaces – including the creation of imagery without the individuals involved consenting at any stage of that creation (e.g., “deepfakes” and “upskirting”)
- Sharing or creating public sexual materials in physical spaces with the intention to sexually harass or incite harassment or violence
- Inappropriately showing sexual organs to another person, or inappropriately allowing sexual organs to be seen, in a physical space – including masturbation in a public space
- Taking pictures under a person’s clothing without their knowledge to view their underwear, genitals or buttocks (referred to as ‘upskirting’)
- Exploiting someone by threatening, coercing, manipulating or deceiving the victim into sexual activity for the benefit of the perpetrator(s).
27. Sexual Misconduct Online or in a Virtual Space
- Sharing or creating private sexual materials without the consent of those involved (i.e. those made of an individual with the understanding that they would not be shared) online or through digital spaces – including the creation of imagery without the individuals’ involved consenting at any stage of that creation (e.g., “deepfakes”)
- Sharing or creating public sexual materials (i.e., pornographic materials that are widely available via media outlets) online or in digital spaces with the intention to sexually harass, abuse or incite hated or abuse
- Inappropriately showing sexual organs to another person, or inappropriately allowing sexual organs to be seen, online or in digital spaces – including masturbation in a public space
- Repeated, unwanted and unsolicited contact of a sexual nature with another person by text message, e-mail, social media or in any online or digital space (Note: “repeated contact” in an online space constitutes repeated unsolicited contact in one digital platform or multiple unwanted contacts in numerous digital platforms)
- Creating online accounts using a fake identity (e.g., catfishing) that results in sexual misconduct (as defined within this policy)
- Storing or viewing inappropriate material on University IT equipment.
28. Consent
- In all examples above where consent is referenced, this is taken to be the legal definition of consent, i.e., a person consents, if they agree by choice and have the freedom and capacity to make that choice. (S74 Sexual Offences Act, 2003).
- In line with language applied in offences within the Sexual Offences Act 2003, where consent is a relevant factor during misconduct investigations the University will consider two aspects of consent:
- a) Whether the reporting student consented to the act, and
- b) Whether the reported student reasonably believed the reporting student consented to the act (Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps the reported student took to ascertain whether the reporting student consented).
- The University considers that it is the responsibility of parties engaged in sexual acts to obtain ongoing and clear consent from others involved, and to be able to later reference how this consent was obtained (for example asking if a particular action was agreed and being told “yes”).
- Whilst legal definitions are referenced when assessing the concept of consent in order to align with established principles, the University’s finding will not constitute a legal judgement on whether criminal acts have occurred.
29.Disclosing, Reporting and Reported Student/Party(s)
- The term “disclosing student/party” refers to a student who is disclosing an allegation of sexual misconduct to another individual
- The term “reporting student/party” refers to a student who has made a formal report of alleged misconduct by another student or individual to the University
- The term “reported student/party” refers to a student who has been reported for alleged sexual misconduct by another student or individual
- A formal report of alleged misconduct can only be submitted by the reporting party subjected to the alleged misconduct
- Reference to “a party” or “a student” could refer to more than one party and/or student.
Part 2: Harassment
Definitions
30. “Harassment” is considered to have the meaning given in Section 1 of the Protection from Harassment Act 1997 and Section 26 of the Equality Act 2010.
31. Section 1 of the Protection from Harassment Act 1997, when read together with section 7 of the Act) prohibits a person from:
- pursuing a course of conduct which amounts to harassment of another, and which they know or ought to know amounts to harassment. This could include alarming someone or causing them distress.
32. A “course of conduct” is conduct that occurs on two or more occasions. Where directed at one person, this could be the same conduct (such as sending two emails), or different acts (such as sending an email and approaching someone in public). Where directed at two or more people, a single act against each could be considered harassment.
33. S26 of the Equality Act 2010 provides that harassment occurs where:
- A person engages in unwanted conduct related to a relevant protected characteristic, with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them;
- A person engages in unwanted conduct of a sexual nature, with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them;
- They, or another person, engage in unwanted conduct of a sexual nature or that is related to gender reassignment or sex, with the purpose or effect of violating another’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them, and because of the other person’s rejection of or submission to the conduct they are treated less favourably than if they had not rejected or submitted to it.
34. The relevant protected characteristics are age, disability, gender reassignment, race, religion/belief, sex and sexual orientation.
35. Under both Acts, the consideration of whether harassment has occurred include objective and reasonableness tests:
- Under the provisions of Section 1 of the Protection from Harassment Act 1997, it needs to be shown that the person pursuing the course of conduct knew it amounted to harassment, or that a reasonable person in possession of the same information would think it amounted to harassment.
- With respect to section 26 of the Equality Act 2010, when deciding whether conduct has the effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them, it is necessary to take into account the perception of the person subjected to the conduct, the other circumstances of the case, and whether it is reasonable for the conduct to have that effect on the person subjected to the conduct. However, that person’s perception is not the only consideration.
36. Whilst the University’s discipline processes are not legal in nature, these definitions and objective tests will be considered when assessing whether conduct amounts to harassment.
37. The University seeks to strike a balance between upholding freedom of speech within the law, and protecting students from harassment. In an educational context, people may express views that others find offensive or controversial, and this will not necessarily amount to harassment. However, conduct that is targeted or threatening, which violates someone’s dignity, degrades or humiliates them, may constitute harassment. The University will carefully assess the context and intent of the alleged conduct, and the impact on the reporting party, when considering harassment under this policy. More information on Freedom of Speech is available within the Code of Practice on Freedom of Speech.
38. The University applies a rebuttable presumption (assumed to be the case unless proven otherwise) that students being exposed to the following is unlikely to constitute harassment:
- The content of higher educational course materials, including but not limited to books, videos, sound recordings and pictures;
- Statements made and views expressed by a person as part of teaching, research or discussions about any subject matter which is connected with the content of a higher education course.
Part 3: Reporting and investigation
Disclosure and reporting
39. Students can make a disclosure to Student Support Services through a number of channels, normally by using Report and Support or by meeting directly with Support Services staff. Alternative options to make a disclosure are available if this option is not deemed accessible or reasonable. For more information email standingtogether@le.ac.uk or concerned@le.ac.uk.
40. If a student makes a disclosure to a member of staff other than a case worker from Student Support Services, that person should send the disclosure to Student Support Services normally with the consent of the disclosing student, and a case worker will communicate with the staff member and student to offer support. If more information is required regarding the role of the case worker the member of staff can email standingtogether@le.ac.uk or learn more on the Report and Support website.
41. When a disclosure is made the disclosing party will be offered an “options conversation” by a case worker. An initial risk assessment will be completed by the Standing Together team following a disclosure. The options conversation will provide appropriate options to disclosing parties in relation to both support from, and reporting to, internal and external specialist services.
42. Information provided by the disclosing/reporting party will be treated confidentially and sensitively, and handled in line with data protection legislation. Information will normally only be shared with their consent and for appropriate purposes, unless significant risk is identified which necessitates disclosure (for example disclosing to the police where somebody is in serious danger of coming to harm).
43. If, during the course of the disciplinary process, another individual, for example a witness, discloses information that suggests that they may have been subject to alleged sexual misconduct or harassment by the same reported party, they will also be invited to make a formal report. This will then be considered alongside any other reports on the same student and may be considered by the same Student Discipline Panel, as appropriate. Where there are multiple disclosing parties in relation to one particular incident or case, they will each be offered support and ‘options conversations at this stage.
44. If a disclosing party decides that they wish to make a formal report to the University they should submit a Non-Academic Misconduct Formal Reporting Form, which will be considered and investigated in line with Senate Regulation 11. A Conduct investigation will not usually be pursued in the absence of a formal report unless the Academic Registrar or nominee deems that the case is serious enough, and there is enough evidence in the absence of student reports.
45. Both reporting and reported parties will be offered support throughout the process from separate Standing Together case workers. Appropriate support will be provided by the case worker depending on whether the reporting/disclosing party is a student, as some resources are only available to current students. Witnesses can also be offered support if required.
46. Support will be offered regardless of the reporting party’s wish to pursue an internal complaint or a report to the police. This will include internal wellbeing or mental health support, as well as signposting or referrals to external support resources or specialist services such as a Sexual Assault Referral Centre (SARC).
47. The University recognises that reported parties may also be vulnerable or at potential risk of harm, either in general or through the investigation process. They will also be afforded appropriate support, including through their nominated case worker or via signposting or referrals to other resources.
Investigation of alleged sexual misconduct or harassment
48. On receipt of a formal report of alleged sexual misconduct, the Student Conduct Team, via the Academic Registrar or nominee, will refer it to the Cause for Concern Group (CFC) so that a full Risk and Needs Assessment (RANA) can be produced and reviewed.
49. The Cause for Concern group will agree any necessary precautionary measures to mitigate any presenting risks, which may include Non-Contact Orders, Temporary Exclusion Orders or Temporary Suspension Orders. These measures are not sanctions and do not imply wrongdoing.
50. The Academic Registrar or nominee will conduct an initial triage of the report, and may determine either to dismiss the case if there is insufficient evidence to support a breach of regulations, or to refer the case for investigation in accordance with Senate Regulation 11.
51. The investigation will be undertaken by a Student Conduct Officer with specific training and experience in the investigation of sexual misconduct. Conduct Officers have received training from external specialists, and will also undertake further regular training.
52. On conclusion of the investigation, a report will be sent to the Academic Registrar to determine whether there is sufficient evidence to apply appropriate sanctions, whether the case is complex or serious enough to require a Student Discipline Panel, or whether due to lack of evidence the case will be dismissed. The reported party, and reporting party (where they are a student) will be advised of the decision, in liaison with the student’s case workers as appropriate.
53. The burden of proof is on the University to prove a breach of regulations, not for the reported party to prove they have not. The University must satisfy itself on the balance of probabilities (more likely than not) that its regulations have been breached.
54. Sexual misconduct is considered to constitute major misconduct and therefore will normally proceed to a Student Discipline Panel if there is sufficient evidence.
55. In line with the case management protocol, the reporting party will have an opportunity to request a review of the Academic Registrar or nominee’s decision to dismiss a case. This will be conducted by an independent member of staff senior to the decision maker.
Student discipline panels
56. On conclusion of an investigation, where the decision is made that a case should be referred for consideration by a Student Discipline Panel, the Student Conduct Team will nominate a secretary and convene a Student Discipline Panel.
57. All Student Discipline Panels for sexual misconduct will be chaired by members of staff who have received specific training and support from external specialists to undertake the role, and sit ex-officio as members of the Senate Student Disciplinary Committee. In addition to the Chair, the panel will comprise at least two other members, who have also undertaken specific training.
58. Panels will be conducted in accordance with the Regulations on Non-Academic Misconduct and the associated procedures.
59. University discipline processes are not formal legal procedures, and therefore students should not normally require legal representatives. Legal representation may be permitted in certain circumstances; please refer to the Legal Representation Procedure (PDF, 116kb) for details.
60. On conclusion of the panel hearing and deliberations, an outcome will be agreed by the Panel, which will be communicated to the reported student, usually within 5 working days.
61. The reporting party will be notified of the outcome after the reported party is informed. Consideration will be given to informing students in the most appropriate way for their individual circumstances and wishes, such as by email or with the support of their case worker.
Appeals and student discipline appeals panels
62. The reported party may appeal the outcome of a Student Discipline Panel or sanctions applied, after investigation within ten working days of being notified of the outcome. Appeals against the decision of a Student Discipline Panel and any sanctions imposed will be considered in accordance with the Regulations on Non-Academic Misconduct and the associated procedures.
63. The reporting party will be notified whether or not the reported student was found in breach of the Regulations, and sanctions applied, in line with the General Data Protection Regulation (GDPR).
64. If the reported party appeals the outcome of the Student Discipline Panel in accordance with the Regulations on Non-Academic Misconduct, the reporting party will be made aware of this (without being given details) and notified that communication of the final confirmed outcome from the disciplinary process will be delayed as a consequence.
65. At the conclusion of the appeal stage, the reporting party will be notified whether or not the reported party was found in breach of the regulations and sanctions applied, in line with the General Data Protection Regulation (GDPR).
Complaints
66. The reporting party cannot appeal the outcome of a disciplinary process, as the process is for the University to establish whether the reported party has breached its regulations, and the reporting party is treated as a witness.
67. If the reporting party is dissatisfied with the outcome, they are encouraged to raise concerns relating to the disciplinary process to their case worker or Student Conduct Team in the first instance so that their concerns can be reviewed and an informal response provided.
68. If the reporting party remains dissatisfied they may submit a complaint to the University following the process set out in the University’s Complaints Procedure.
69. A complaint cannot be made on the grounds that the reporting party disagrees with the outcome of the disciplinary process.
70. A complaint can be made on the grounds of:
- a. Procedural irregularity;
- b. Further information that was not available to the Panel or the Appeal Panel during its hearing(s) where such information was not reasonably possible to be made available.
71. The submission of a complaint will normally be deemed by the University as constituting a Stage Two Formal Complaint. A Pro Vice-Chancellor with no prior involvement and appropriate training will be appointed to consider the case, in accordance with the procedures laid out in the University’s Complaints Policy.
72. For the avoidance of doubt, a reported party cannot submit a complaint, as they will have had recourse to an internal review stage through the appeals process.