Definitions

The following list provides definitions of common words and phrases used in our policies and procedures.

Bullying

The repetitive, intentional hurting of one person or group by another person or group. It can manifest in various forms, including physical, verbal or psychological abuse, and can occur face to face or online. Bullying includes actions such as name calling, spreading rumours and threatening someone.

Companion

A work colleague or Trade Union representative.

Complaints/Disciplinary Officer

The University Complaints and Disciplinary Officer is the Head of Governance and Compliance and is responsible for receiving, assessing and managing reports in line with University procedures.

Consent

Defined under the Sexual Offences Act 2003 as an agreement given freely with the capacity to choose. Previous consent does not imply ongoing consent, and it can be withdrawn at any time.

Contractor

An individual who is undertaking work on behalf of the University, but who is paid by a third party or by invoice.

Discrimination

Treating someone unfairly because of a protected characteristic (as defined by the Equality Act 2010), either directly or indirectly. Direct discrimination is when someone is treated less favourably than another person because of a protected characteristic. Indirect discrimination is when a policy or practice that applies to everyone puts people with a protected characteristic at a disadvantage, compared to people who do not share that characteristic.

Domestic abuse

As defined by the Domestic Abuse Act 2021, this is abuse between personally connected individuals (for example, partners, family). It includes physical, sexual, emotional, psychological, financial, and coercive control. Forced marriage, honour-based violence, and female genital mutilation (FGM), are also forms of domestic abuse.

Harassment

The definition of harassment comes from two UK laws: Section 26 of the Equality Act (which focuses on harassment related to protected characteristics like race, gender etc) and Section 1 of the Protection from Harassment Act, 1997 (a broader anti-harassment law, not limited to discrimination).

The Protection from Harassment Act 1997 and Equality Act 2010 define harassment as unwanted conduct that violates dignity or creates a hostile environment.

The Protection from Harassment Act 1997 outlines harassment offences as 'causing alarm or distress' and 'putting people in fear of violence'.

These laws include both subjective (how the reporting party feels) and objective (what a reasonable person would think) elements.
The Equality Act considers how the reporting party perceived the behaviour, the context, and whether it was reasonable for it to be seen as harassment. The Protection from Harassment Act considers whether the responding party knew they were harassing someone, or a reasonable person would view their behaviour as harassment.

Harassment can be in person or online, intentional or perceived, and can occur as a single serious incident or as a pattern of repeated behaviours, even if those behaviours are different on each occasion. In general, conduct becomes harassment if it persists once it has become clear that the recipient regards it as offensive.

Harassment can take many forms, including but not limited to:

• Unwanted advances, comments, or gestures
• Intimidation or bullying
• Offensive jokes or slurs
• Displaying offensive materials
• Exclusion from activities or opportunities

While the procedure for investigating harassment is informed by the legal definitions described above, we recognise that not all harmful or inappropriate behaviour will meet the legal threshold for harassment. In cases where a report does not meet the legal definition of harassment, we may still consider whether the behaviour constitutes bullying or another breach of our Student Behaviour and Disciplinary Policy.

Hate crime

A criminal offence perceived as motivated by hostility or prejudice related to race or ethnicity, religion or belief, sexual orientation, disability, or transgender identity. Misogyny is recognised as a hate incident in the cities of York and London.

Hate incident

Any act or behaviour that is perceived by the victim or any other person to be motivated by hostility or prejudice based on actual or perceived race, religion, sexual orientation, disability, or transgender identity. A hate incident may not constitute a criminal offence.

Member(s) of the University

Includes current staff, Board of Governors members, and registered students, including postgraduate research students employed by the University.

Microaggressions

Everyday comments or actions are those that occur regularly in daily interactions and even if unintentional, can make someone feel excluded or uncomfortable. These remarks may seem harmless, but when repeated, they can amount to harassment.

Examples include asking a person of colour where they are 'really from' and making assumptions about a person's ability because of their disability.

Natural justice

Natural justice means fairness in decision making, ensuring everyone gets a fair hearing and unbiased judgement.

Racism

Under the Equality Act 2010, race includes colour, nationality, and ethnic origins. Racism can be institutional, direct, or indirect, and may include discrimination against racialised religious groups. Examples include racial slurs, exclusion, offensive materials, and physical/verbal abuse.

Reporting party/student

The individual who reports potential or proven misconduct to the University.

Responding party/student

The individual who is alleged to have committed the misconduct.

Sexual misconduct

Sexual misconduct covers a broad range of inappropriate and unwanted or attempted unwanted sexual behaviours, including but not limited to:

• Sexual harassment: Unwanted sexual behaviour, including pressure for sexual favours, inappropriate touching, sexualised comments, or spreading rumours about someone's sex life.
• Sexual assault: Any physical sexual contact or activity without consent.
• Rape: A type of sexual assault involving unwanted, forced or non-consensual penetration and/or sexual intercourse.

Other examples include, but are not limited to:

• Unwanted advances, comments, or gestures
• Sharing explicit images without consent
• Stalking, spiking, or coercion
• Any act that degrades or humiliates survivors of sexual violence

Staff member

An individual who carries out paid work for the University, either as an employee (works on a permanent or fixed term contract, with set hours each week) or as a casual worker (hourly paid for ad hoc hours).

Stalking

A pattern of fixated, obsessive, repeated behaviour that causes fear or distress. Examples include unwanted communication, persistent gift-giving, property damage, and physical or sexual assault.

Supporter (staff)

An individual who provides the emotional and practical support needed for a member of staff outside of any meetings.

Supporter (student)

A current staff member, registered student, or Students' Union representative.

Victimisation

Occurs when someone faces negative treatment or retaliation for reporting or supporting a complaint about, discrimination, harassment or unacceptable behaviour.

Visitor

Anyone present on University premises, including our accommodation.

Volunteer

An individual who carries out tasks which support the University's community projects, but who is not paid for their time.

Witnesses

Someone who has knowledge about or witnessed an event.

There are a number of different witnesses. Only some of these would be appropriate for a disciplinary case.

Appropriate witnesses:

• Direct witness: An individual who observed or might have observed the incident/s or activity surrounding the incident/s.
• Outcry witness: An individual who knows details of the incident/s from the reporting and/or responding student directly after the incident/s.
• After the fact witness: An individual who observed the reactions or changes in behaviour by either the reporting or responding student.

Inappropriate witnesses:

• Indirect witness: An individual who was later told about the incident/s by the reporting student or responding student, or by a third party.
• Character witness: An individual who speaks about the general character of an individual but not about any aspect of the incident/s.