Sexual Harassment and Sexual Misconduct Policy and Procedure

3.1.  'Sexual misconduct’ means any unwanted or attempted unwanted conduct of a sexual nature. Sexual misconduct can occur through any medium, including online.'

3.2.  Examples of sexual misconduct may include, but are not limited to:

• Sexual harassment (as defined by Section 26 (2) of the Equality Act 2010).
• Unwanted conduct which creates an intimidating, hostile, degrading, humiliating or offensive environment (as defined by the Equality Act 2010).
• Assault (as defined by the Sexual Offences Act 2003).
• Rape (as defined by the Sexual Offences Act 2003).
• Physical unwanted sexual advances (as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017).
• Intimidation, or promising resources or benefits in return for sexual favours (as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017).
• Distributing private and personal explicit images or video footage of an individual without their consent (as defined by the Criminal Justice and Courts Act 2015).
• Image-based sexual abuse: (also known as 'revenge pornography') recording or sharing sexual or intimate photos or videos, without the consent of the person pictured.
• Stalking: persistent, unwanted communication or behaviour intending to frighten, intimidate or harass someone such as repeatedly following them.
• Cyberstalking: repeated and deliberate use of the internet and other electronic communication tools to engage in persistent, unwanted communication intending to frighten, intimidate or harass someone, or to spy on someone.
• Upskirting and down-blousing: filming or photographing under a person's clothes without their consent to capture images of their body or underwear.
• Relationship abuse: any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those who are, or have been, intimate partners. This may include psychological, physical, sexual, financial and/or emotional abuse.
• Retaliation: any adverse actions against another person, including, but not limited to, harassment, threats, intimidation or coercion, made in response to someone disclosing or reporting any form of sexual misconduct.
• Showing sexual organs to another person(s) without their consent.
• Arranging or participating in events which may reasonably be assumed to cause degradation and humiliation to those who have experienced sexual violence. For example, inappropriately themed social events or initiations.
• Spiking: the act of surreptitiously adding a substance, usually a drug or alcohol, to someone's drink or food without their knowledge.

3.3.  Sexual harassment is not a criminal offence under English law, but behaviours aligning with it are addressed under 3.1 Sexual Misconduct. When touching is involved, such as unwanted physical advances or inappropriate touching, it may intersect with sexual offences in criminal law. Some forms might overlap with other crimes such as harassment, stalking, or revenge porn. The University follows the Equality Act (2010) (S26) considering sexual harassment as part of sexual misconduct under this Policy. Racialised sexual harassment, such as harassment that includes racial stereotypes or fetishisation, is also prohibited under this policy.

3.4.  Section 74 of the Sexual Offences Act (2003) defines consent as 'if (s)he agrees by choice, and has the freedom and capacity to make that choice'.

3.5.  Consent is the agreement to participate in a sexual act where the individual has both the freedom and capacity to make that decision. Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and consent may be withdrawn at any time.

3.6.  Current members of staff, members of the Board of Governors and registered students at the University (including postgraduate research students who may also be employed by the University as a member of staff).

3.7.  Any person present on University premises, including University accommodation.

3.8.  The individual who has made the allegation of alleged (or criminally proven) sexual misconduct and reports it to the University. 

3.9.  The individual alleged to have committed sexual misconduct (or has been found guilty of an offence of this nature in a court of law) by the Reporting Party.

3.10.  The supporter's role is to observe and provide moral support. They cannot ask questions, interpret responses, or speak on behalf of the student.

3.11.  Where a 'supporter' is referenced in the procedures, that person should be a current member of staff, a current registered student at the University, or a Students' Union representative. Where disciplinary action is required within the first 3 months of the student's studies and supportive links may not have been established, alternative supporters may be possible. Approval should be sought from the University Disciplinary Officer or their delegate regarding this.

3.12.  It is not normally expected that the student will have legal representation. However, students can request to be accompanied by a legal adviser. The University asserts that hearings are internal proceedings and while the attendance of a legal adviser is not prohibited, their attendance must normally be to act as a supporter, and therefore, they must adhere to acting as the student’s supporter.

3.13.  If the student believes it is justified, in the circumstances, to have legal representation and wishes them to attend in their role as a legal adviser rather than supporter, the student should make these reasons known to the University Disciplinary Officer at least 3 working days in advance of the meeting or hearing. This should be done via the Casework email: casework@yorksj.ac.uk.

3.14.  If the University Disciplinary Officer believes the student has established compelling grounds for exceptional circumstances for legal representation, it will be permitted.

3.15.  These grounds may include:

• The seriousness of the allegation(s)
• Complexities in the evidence likely to be presented
• The capacity of the individual to understand the case against them
• Likely procedural challenges
• The need for fairness in the cross-examination of evidence
• The need to avoid delay

3.16.  Students with additional needs may also be able to be accompanied by a practitioner, if requested.

5.1.  Support and advice are provided to students who report sexual harassment and sexual misconduct, regardless of whether the University considers the reported incident to meet the criteria for investigation. Support and advice are also provided even if the incident takes place outside of the university context.

Report and Support

5.2.  The Report and Support platform provides signposting to local support services and resources for students who have experienced or witnessed sexual violence.

Wellbeing and Welfare Support

5.3.  Students can access free support to help them manage their wellbeing and welfare, including support to access external enhanced support services, for example the NHS, hate crime reporting centres, or local specialist services, including Sexual Assault Referral Centres. Students can self-refer for a meeting with a specialist practitioner or visit a drop-in session.  More information on the service can be found on the Wellbeing and Welfare webpages. In the academic year 2024-25 some members of the Wellbeing and Welfare Support Team will be Sexual Violence Liaison Officer trained (SVLO) to support students who disclose sexual misconduct.

5.4.  For students studying on the London campus, they are able to access these services remotely and can also email wellness.london@yorksj.ac.uk to connect with a member of the Student Support and Guidance team on the London campus.

5.5.  The service will also be able to advise on support services tailored for specific groups, such as LGBTQ+ students, international students, and students with disabilities.

Disability support and inclusion

5.6.  For students with a disability, long term health condition, mental health condition or a specific learning difficulty (SpLD), additional support is available. More information is available on the Disability support webpages.

International student support

5.7.  A dedicated Global Campus team are available to provide support and guidance to international students. More information is available on the International student support webpages.

Student Assistance Programme

5.8.  The Student Assistance Programme offers support through a free 24 hour confidential helpline and digital resource. More information is available on the Spectrum Life webpage.

Academic support

5.9.  During disciplinary investigations related to sexual misconduct academic accommodations may be possible, such as deadline extensions, leaves of absence or changes to course schedules for reporting and responding parties and witnesses. Please talk to the Casework team about this by emailing casework@yorksj.ac.uk.

Accommodation

5.10.  The Accommodation team may able to provide information on emergency accommodation options for students who feel unsafe in their York St John or partner provider housing.

York St John Students' Union

5.11.  The Students' Union Presidents and Advice Service are also available for support and advice. They can be contacted at su.advice@yorksj.ac.uk or can be found in the SU building.

The Sexual Assault Referral Centre (SARC)

5.12.  The SARC provides a range of services, including forensic medical examination, to anyone in North Yorkshire aged 16 and over who has been raped or sexually assaulted. Bridgehouse is located in Bishopthorpe and the services are available whether or not the assault has been reported to the police.

• Bridgehouse SARC website
• Email: bridgehouse.sarc@nhs.net
• Telephone: 03302 230 099 (24 hour helpline)

Survive

5.13.  Survive is a charity based in York which provides support to survivors of rape, sexual assault or childhood sexual abuse. Survive is managed by a team of staff and volunteers who are trained in supporting people with experiences surrounding rape and sexual abuse. Survive offer a counselling service, one to one support sessions, support groups and a confidential helpline.

• Survive website
• Email: survive@survive-northyorks.org.uk
• Telephone helpline: 01904 642 830

The Samaritans

5.14.  The Samaritans provide a fully confidential listening service through their 24 hour helpline.

• Samaritans website
• Telephone: 116 123

Independent Domestic Abuse Service (IDAS)

5.15.  Independent Domestic Abuse Service (IDAS) are a specialist charity based in York who supports anyone who is a victim or survivor of domestic abuse. When you contact IDAS they will talk to you about your situation and agree what support you need. This can include anything from helping you through the criminal justice system, giving you information on benefits and housing, providing emotional support or referring you for counselling. IDAS offer a helpline and a web chat service.

• IDAS website
• Email: info@idas.org.uk
• Telephone: 03000 110 110

The Samaritans

5.16.  The Samaritans provide a fully confidential listening service through their 24 hour helpline.

• Samaritans website
• Telephone: 116 123

London Survivors Gateway

5.17.  London Survivors Gateway offer access to specialist services in London that provide information, support and help to anyone (women, men and people of all genders) who have been affected by rape, sexual assault, sexual abuse or any form of sexual violence at anytime in their lives.

• London Survivors Gateway website
• Telephone: 08088 010 860
• Website for women and girls only: Women and Girls Network
• Telephone for women and girls only: 08088 010 660

Rape and sexual assault referral centres near E14 2BA

5.18.  Find rape and sexual assault referral centres near E12 1BA on the NHS website.

NHS domestic violence support

5.19.  Find NHS domestic violence support on the The Upstairs Surgery website.

Rape Crisis London

5.20.  Rape Crisis England and Wales is the feminist charity working to end sexual violence and abuse.

• Rape Crisis England and Wales website
• Telephone: 08085 002 222

Report and Support

6.2.  Report and Support is available 24 hours a day, allowing for a time and place that feels safest to the individual, with clear information about their options and signposting to appropriate support services. The University monitors Report and Support during University working days between 9.00am and 5.00pm, Monday to Friday (only). It is not intended as an emergency response tool. For information on emergency and crisis support services, visit the Need help now page.

Wellbeing and Welfare Support

6.3.  Specialist support services provide mental health or emotional support. All members can talk through how to make a Report and what support is available, both immediately and in the longer term. In the academic year 2024 to 2025 some members of the Wellbeing and Welfare Support team will be Sexual Violence Liaison Officer trained (SVLO) to receive disclosures of sexual misconduct. Information about what wellbeing and welfare support is available can be found on the Wellbeing and Welfare pages.

Single Point of Contact

6.4.  A representative from North Yorkshire Police acts as a Single Point of Contact to take anonymous reports from individuals who have experienced sexual assault which are then fed into the police's intelligence system. You can book an appointment to the Single Point of Contact on our Welfare support page.

York St John Students' Union

6.5.  Students' Union staff, including the Students' Union Presidents and Advice Service can talk through how to make a Report and what support is available. They can be contacted at su.advice@yorksj.ac.uk or can be found in the SU building.

Security team

6.6.  The Security team can talk through how to make a Report and what support is available.

Tutor/Supervisor

6.7.  Tutors and supervisors will be able to signpost to the reporting options and what support is available.

6.8.  Reporting parties are encouraged to consult the Report and Support website for guidance on reporting to the police, including details on the Sexual Assault Referral Centre (SARC) (York and London), police procedures, time limits for criminal cases, evidence preservation, and anonymous reporting through Crimestoppers.

6.9.  Students on certain regulated courses, for example, but not limited to, those overseen by the Nursing and Midwifery Council (NMC) or the Health and Care Professions Council (HCPC), must disclose any criminal charges and pending charges, regardless of whether the offence relates to the University. Seeking advice on these matters promptly is the student's responsibility.

6.10.  In some instances, the University will have a duty to inform the Local Authority Designated Officer (LADO) if the responding party works or volunteers with children.

6.11.  Recognising the unique nature of each incident of alleged sexual misconduct, an individualised approach to handling reports will be adopted, with each report considered on a case by case basis.

6.12.  If students are subject to a criminal charge or to a police investigation, or if the University believes that their behaviour is likely to cause injury or harm to others, the University may take provisional action to limit their interaction with the University community, including suspension and exclusion. If students are in University accommodation, a room move may be actioned pending any investigation. This will be sanctioned by the Disciplinary Officer.  Restrictions may also be put on their University IT access.

6.13.  If you are suspended, it means you are prohibited from entering all University premises and from participating in all University activities. The University may make a specific exception, for example, allowing you to come on campus to take an examination. Due to the University Regulations on periods of study, if the duration of a police investigation or court case will take you beyond the permitted periods of study, you may be withdrawn from your studies. Should you make a re-application following the completion of any criminal case, you may be asked to share details on the outcome of the case. The University may also investigate if you are re-admitted to the University as per 2.12 above.

6.14.  If you are excluded, your right to enter University premises is restricted. You may be excluded from specific University and Student Union activities.

6.15.  The University may impose a requirement on all parties (including a student reporting a disciplinary concern) not to have contact with each other and with named others. If you breach this requirement, this is in itself misconduct.

6.16.  The Disciplinary Officer decides whether provisional action should be taken. The responding student will normally be told that the Disciplinary Officer is considering this action before the decision is made and why and will have an opportunity to make representations before the decision is made. The University would normally give at least 24 hours' notice (Monday to Friday) of any meetings relating to provisional action, however, if the Disciplinary Officer believes that immediate action is justified based on the risk of injury or harm, this may be less. If the Disciplinary Officer believes that immediate action is justified based on the risk of injury or harm, the decision may be made with immediate effect. In this case, the responding student will not have the opportunity to make representations before the provisional action is applied. In either case, the responding student will be given details of the decision in writing once it is made, and they will be told how they can challenge the decision if they believe it is unfair. The University will make all reasonable attempts to minimise the harm to their studies and to their ability to access student services.

6.17.  If there are known Wellbeing concerns, a Wellbeing Advisor may be in attendance at the meeting also or a referral to Wellbeing Services may be made during any stage of provisional action.

6.18.  Any meetings held will not be audio recorded but will be minuted. They should not be recorded without the express consent of those involved. If the student does record any meetings without the consent of others, this may amount to a disciplinary offence. Any recording will not be permitted to be used as evidence.

6.19.  Provisional action is not a penalty and is not a judgment of guilt – its aim is to protect members of the University community, or the property of the University, or the property of a member or members of the University community. It also protects you from allegations about further disciplinary concerns while the matter is being investigated.

6.20.  The University's decision-making for any provisional action will be informed by an evidence-based risk assessment. The University will give careful consideration to the implications of provisional action including consideration of the balance between the potential risk to others and the potential disadvantage to the student(s) in question, and where relevant the implication on the sponsorship of student visas.

6.21.  The responding student can appeal the provisional action at any time when it is in force, by emailing casework@yorksj.ac.uk. The Vice Chancellor is responsible for deciding whether the decision should be varied or remain in force. This may be delegated to an appropriate nominee. The University aims to send the responding student a response within 5 working days.

6.22.  Even if the responding student does not appeal, the University will automatically review any provisional action after 4 weeks. The review will be conducted by the Disciplinary Officer. The decision may then remain in force until the outcome of any criminal proceedings or University investigations, at which point a decision will be made by the Disciplinary Officer about any further action under this policy.

6.23.  Failure to comply with any action required following the outcome, could result in further disciplinary action. The Disciplinary Officer will be notified of any failings and will determine if further action should be taken.

Investigation

6.28.  The Vice Chancellor delegates disciplinary functions related to sexual misconduct to the Head of Governance and Compliance, who acts as the Disciplinary Officer. The Disciplinary Officer may further delegate powers to appropriate staff members.

6.29.  The Disciplinary Officer will decide if the allegation is to be investigated via this Policy or the Student Disciplinary Policy and Procedure. For students studying regulated courses, the Fitness to Practise Policy may apply. Regardless of which Policy is applied, investigations will be conducted by persons independent of the parties concerned.

6.30.  All allegations relating to sexual harassment and sexual misconduct will be investigated as a Level 2 investigation.

6.31.  The Disciplinary Officer or nominee will appoint an 'Investigating Officer' who is trained in trauma informed investigations and not known to either reporting or responding party.

6.32.  Associate Heads, Heads of School, members of the Senior Leadership Team and Heads of Service may be appointed as an Investigating Officer as well as the Student Casework Investigators.

6.33.  The Investigating Officer will normally have an initial meeting with the reporting party at the earliest opportunity. Within this meeting, the reporting party has the following options available to them (more than one option can be taken):

• Request the University formally investigates the incident. Informal resolution of allegations of this nature is not normally appropriate and will not normally be recommended.
• Report the incident to the Police, if not already done so.
• Initiate support from internal or external agencies.
• Take no further action at this time¹.

6.34.  The Investigating Officer will contact the responding party inviting them separately to discuss the case and review initial evidence, so they have the opportunity to respond to the allegation(/s).

6.35.  The responding party will be provided with:

• Clear, specific information about the allegation, the incident(s) or behaviour being investigated, and the type of offence being considered;
• Reasonable notice of any disciplinary meetings to which they are invited.

6.36.  Initial evidence will be made available to the responding party at the meeting with the Investigating Officer².

6.37.  The Investigating Officer will collect further evidence from relevant parties, for example witnesses within the University community (and on a case by case basis witnesses external to the University community), and make any further enquiries that they deem necessary for the investigation.

6.38.  Both parties are welcome to bring a supporter (see 3.11) to investigatory meetings. Additionally, each party will be provided 1.1 support from SVLO trained staff before and after investigatory meetings, upon request, where possible.

6.39.  Investigatory meetings are not audio recorded but will be minuted. Audio recording by any party without the consent of those involved is not permitted. If meetings are recorded without the consent of others, this may amount to a disciplinary offence. Any recording will not be permitted to be used as evidence.

6.40.  If the Responding Party does not take up the opportunity to speak to the Investigating Officer, the disciplinary process will still proceed. It is strongly recommended that the student engages with the Investigating Officer and the disciplinary hearing.

6.41.  After the investigation, the Investigating Officer will write a report for the Disciplinary Officer.

6.42.  This report will include recommendations to the Disciplinary Officer. On the basis of this report, the Disciplinary Officer may:

1. Dismiss the allegations due to insufficient evidence.
2. Refer the case for a full hearing by the Appeals and Conduct Committee.

6.43.  This report will be given to the Responding Party unless they prefer it to be shared verbally or not at all.

6.44.  In cases where allegations are dismissed or not upheld, an Investigating Officer will meet with the reporting party to communicate the Disciplinary Officer's decision. For cases where allegations are upheld, all Parties will be notified of the outcome. For cases that are not upheld the notification will explain the rationale for not upholding the allegations.

6.45.  If either party thinks the finding at this stage of the process is disproportionate based on the evidence, they may appeal to the Vice Chancellor. The Vice Chancellor, or appropriate nominee, will review the case and may:

1. Dismiss the case and allegations.
2. Refer the case back for further investigation – please note this may be with a different Investigating Officer.
3. Refer the case for hearing by the Appeals and Conduct Committee.

_{1 - The University reserves the right to refer a matter to the Police. This would usually be discussed with the reporting party.}

_{2 - The methodology aligns with Principles on Effective Interviewing for Investigations and Information Gathering and Rachlew, A. et al.'s A Guide to the Professional Interview: A Research-Based Interview Methodology for People Who Ask Questions (2022, Anthem Press, London).}

6.46.  If the case is referred for a hearing by the Appeals and Conduct Committee, this will be called. This Panel will be convened with administrative support provided by the Student Casework team. All hearing panel members will be impartial and have had no prior involvement with either party. They will have received appropriate training to be Committee members. Where possible the University will seek to ensure the composition of the Panel reflects the diversity of the University community.

6.47.  Both parties will be informed, in writing, that they are required to attend a Hearing of the Appeals and Conduct Committee. The hearing will always be coordinated so the responding party, witnesses and reporting party are not in attendance at the same time.

6.48.  Hearings will usually be in person, but remote meetings can be held at the request of either party. Both parties will receive all relevant documents, including the Investigating Officer's report and evidence, at least 1 week (5 working days) before the hearing. Should either party wish to refer to any evidence this should be provided at least 3 working days before the hearing, by email to, casework@yorksj.ac.uk.

6.49.  Both parties have the right to be accompanied by a supporter. Both parties will be required to tell the Casework team who the supporter is at least 3 working days before the hearing, by email to, casework@yorksj.ac.uk. If the supporter's behaviour at the hearing is deemed inappropriate, the Chair has the right to remove the supporter or convene the hearing to be held at a later date. The reporting party may also request support from a Sexual Violence Liaison Officer (SVLO) instead of, or in addition to, their named supporter.

6.50.  Both parties can invite witnesses to the hearing, these will usually be witnesses within the University community. Both parties will be required to tell the Casework team who the witnesses are at least 3 working days before the hearing, by email to, casework@yorksj.ac.uk. If any of the witnesses are new to the case, i.e. they were not called as witnesses during the investigation, the hearing Chair will decide whether to admit them. Witnesses should be called in relation to the allegations only. Character witnesses will not be permitted.

6.51.  The University may also invite one or more witnesses to the hearing. If it does so, the student will be told of this in advance of the hearing.

6.52.  The Investigating Officer will be invited to the hearing to present their report and to allow the hearing panel members to ask any questions they may have on this.

6.53.  At least 2 members of the Appeals and Conduct Committee will be present at the hearing; Committee members with previous involvement with the case shall not take part. One member of the Committee will be appointed as Chair of the panel.

6.54.  A President or Student Officer will also be present to ensure there is student representation on the panel.

6.55.  It is expected that all parties will attend the hearing, separately. If any party is unable to attend for a valid reason, they should inform the Casework team, who will make reasonable efforts to reschedule. If either party opts not to attend, the hearing panel reserves the right to draw conclusions, as deemed appropriate.

6.56.  In the Hearing, the Investigating Officer, Reporting Party, and Responding Party can speak to the Panel. Hearing panel members can ask questions to the Investigating Officer, Responding Party, and witnesses. Only the Chair can directly question the Reporting Student. Questions from others must go through the Chair, who will decide if they are appropriate.

6.57.  At the conclusion of the hearing, the hearing panel members will discuss the case in private and will reach a decision based on the available evidence. Panel members will either uphold the case or dismiss the allegation. If the panel members agree that a disciplinary offence was committed, a penalty will be imposed as identified from the list below.

6.58.  The Panel will endeavour to make a decision as soon as possible, but no later than 1 working week of the hearing.

6.59.  In cases where allegations are not upheld, the Chair will meet with the reporting party to communicate the hearing panel's decision. For cases where allegations are upheld, all parties will receive notification of the outcome. For cases that are not upheld the notification will explain the rationale for not upholding the allegations.

6.60.  A formal record of the hearing will be shared with both parties.

6.61.  Penalties available to the Appeals and Conduct Committee are:

1. A verbal warning
2. Written warning/reprimand (a copy will be retained on file for the remainder of studies)
3. Restitution of any damage caused
4. Enforced suspension
5. Exclusion from specified University facilities or activities
6. Expulsion
7. Other such actions as may be appropriate to the case

6.62.  More than one penalty may be applied. Previous misconduct may be taken into account in deciding the appropriate penalty.

6.63.  Failure to comply with any action required following the outcome, could result in further disciplinary action from the list above. The Disciplinary Officer will be notified of any failings and will determine if further action should be taken.

6.64.  Reporting and responding parties have the right of appeal against the decision of the Appeals and Conduct Committee on the grounds that:

1. The decision of the Committee was disproportionate in the light of the evidence supplied (Student’s cannot appeal solely because they disagree with the outcome, but they can appeal if they believe the decision was not supported by the evidence presented);
2. The procedure for the hearing was deficient in a way which materially prejudiced the case;
3. That further evidence has become available since the hearing which would materially affect the decision.

6.65.  Appeals against decisions of the Committee will be heard by the Vice Chancellor or nominee. Appeals must be made within 10 working days from the date on the hearing outcome letter. The student must email the Student Casework team at casework@yorksj.ac.uk to confirm the grounds on which the appeal is made.

6.66.  The Vice Chancellor or nominee will normally review the case based on the existing case documentation, unless new evidence has become available and there is a good reason why it was not available previously.

6.67.  The Vice Chancellor or nominee may:

1. Dismiss the case and allegations.
2. Enforce the penalty.
3. Adjust the penalty.
4. Refer the case back for further investigation – please note this may be with a different Investigating Officer.
5. Refer the case for further consideration by the Appeals and Conduct Committee.

6.68.  The Casework team will communicate the decision of the Vice Chancellor's (or delegate's) review in writing as soon as possible and normally within 10 working days.

6.69.  Where an outcome is changed following an appeal to the Vice Chancellor both parties will be notified.

Policy reference code: 

Version: 2

Document title: Sexual Harassment and Sexual Misconduct Policy and Procedure

Author role and department: Student Casework, Governance and Compliance

Approved date: 20 August 2024

Approved by: Executive Board

Equality analysis undertaken: Yes

Amendments since approval

Revisions made 20 August 2024, approved by Executive Board:

• Purpose: Acknowledgement that students with protected characters are at heightened risk of being impacted by sexual harassment and sexual misconduct.
• Scope: Addition of contractors to scope and link to Code of Practice on Freedom of Speech and Academic Freedom.
• Section 3: Definition of sexual misconduct amended to mirror OfS definition, removal of harassment (dealt with under Student Disciplinary Policy and Procedure).
• Section 4: Statement that the university does not subscribe to Non-Disclosure Agreements in matters relating to harassment/sexual misconduct, clarification about which policy will apply if a matter is raised regarding an incident that occurred prior to changes in university policies.
• Section 5: Clarification that the university will provide support, even if investigation threshold is not met and even if it does not take place within the university context, clarification that academic accommodations are considered for all parties, including witnesses.
• Section 6: Includes reporting acceptance from third parties.