BPP University Harassment and Sexual Misconduct Support
Mission Statement & Introduction
All concerns of harassment and sexual misconduct are important to us, and the University will take all concerns raised seriously, and if you believe that you have experienced harassment and/or sexual misconduct, you can get support and advice from the University. Always remember we are here to talk, support, and advise. The University has a zero tolerance policy on harassment and sexual misconduct, and has a range of support it can provide, and actions it takes, to ensure the University is taking multiple steps which could individually or in combination make a significant and credible difference in protecting students, staff, and visitors to the University from behaviour that may be considered harassment and/or sexual misconduct. The University ensures it observes and is compliant with the Office for Students’ E6 General Ongoing Condition of Registration relating to Harassment and Sexual Misconduct.
This Harassment and Sexual Misconduct Support Guide acts as a single comprehensive centralised source of information on how we prevent and respond to harassment and sexual misconduct. The University has a Harassment and Sexual Misconduct Policy which outlines clearly the University’s entire approach to the prevention and management of harassment and sexual misconduct. The Harassment and Sexual Misconduct Support Guide should be read in consultation with the policy but does not replace the authority of the policy and procedure. This Harassment and Sexual Misconduct Support Guide acts as a central guide and roadmap for advice, support, and signposting to key policies and procedures in relation to the prevention and management of harassment and sexual misconduct. To avoid doubt, the policies and procedures referenced and referred to in this guide always take priority over the guide itself.
We know sometimes people can feel hesitant or uncomfortable speaking about these types of concerns but always remember that the resources and support outlined in this guide are on offer to you should you ever need them, and please make use of them if you need to. Our door is always open.
Associate Professor Dr. Alexander I. Griffiths
University Proctor
Key definitions
The following section outlines how the University defines harassment and sexual misconduct and also makes a clear statement on staff-student relationships and what constitutes an abuse of power. These definitions are clearly defined in both our Harassment and Sexual Misconduct Policy and also our Student and Staff Training, and these are the definitions the University officially adopts, recognises and uses consistently.
Harassment
The University defines harassment as being subject to unwanted behaviour or conduct by an individual(s) which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment because of, or connected to, one or more of the protected characteristics as defined in Section 26., subsection 5., of the Equality Act 2010. These protected characteristics incorporate:
a) Age;
b) Disability;
c) Gender reassignment;
d) Race;
e) Religion or belief;
f) Sex;
g) Sexual orientation.
Harassment can take place in person, but can also occur through non-physical forms of contact, such as online through social media, e-mail, and messaging platforms, through text messaging and telephone communications. Harassment causes significant distress, often at a profound psychological level, and it is therefore important that all University members are aware of what constitutes harassment and seek to remain vigilant to harassment in our community. The University operates a zero-tolerance approach to harassment and actively seeks to prevent it from occurring.
The University will take the highest levels of action against harassment when it is found to have occurred. It is also important however to be clear that the expression of controversial, unpopular, and contested viewpoints does not necessarily constitute harassment, and whilst an individual may report a concern of harassment in response to the expression of such viewpoints, this may not be the case. Discomfort from the expression of controversial, unpopular viewpoints expressed within the law, does not necessarily represent being subject to harassment.
Sexual Misconduct and Informed Consent
Sexual misconduct encompasses any sexual behaviour that is unwanted and takes place without consent of the individual(s) involved, and includes, but is not limited to, sexual violence, sexual harassment, sexual assault, and gender-based violence. Further to this, in addition to the unwanted nature of sexual behaviour, sexual misconduct has the effect of violating an individual(s) dignity, and being subject to unwanted sexual behaviour can create an intimidating, hostile, degrading, humiliating and offensive environment for that individual(s). Sexual misconduct does not need to take place in person, but can also occur through non-physical forms of contact, such as online through social media, e-mail, and messaging platforms, through text messaging and telephone communications.
Sexual misconduct can be committed by anyone, and anyone can be subject to sexual misconduct. It is important to the University that all of its students, staff, and associated members recognise the significant psychological and physical distress sexual misconduct causes. University members must therefore remain vigilant to sexual misconduct in our community, taking a zero-tolerance approach, seeking to prevent it wherever possible, and taking the highest levels of action available to the University where sexual misconduct has been reported to have occurred.
Forms of sexual misconduct, sexual harassment, sexual violence, and gender-based violence can include but are not limited to:
· Rape and sexual violence
· Physical and/or psychological sexual violence
· Inappropriate touching
· Stalking and unwelcome sexual requests
· Abusive and coercive intimate relationships
· Sharing of non-consensual visual or audio material (e.g., up-skirting, unwanted sharing of explicit content, image-based sexual violence, audio recordings).
· Use of IT, Cyber, and Artificial Intelligence technologies to aid acts of sexual misconduct, sexual harassment, sexual violence, and gender-based violence.
· Catcalling, wolf-whistling, leering, unwanted and degrading comments about a person’s body, clothing, or sex life
· Commercial sexual exploitation
· Honour based violence
The definitions provided above are not exhaustive but seek to demonstrate that sexual misconduct can take many forms and guises. It is therefore important where an individual is concerned that they have been subject to sexual misconduct to approach sources of support and advice provided by the University. All forms of sexual misconduct are unacceptable, and the University will take all reports with the utmost seriousness.
Sexual misconduct can be defined to occur when there is a lack of informed consent. Informed consent is always required and cannot be assumed merely because an individual is in a relationship or has a previous sexual history with the other person(s). An individual who is incapacitated by alcohol or drugs also cannot provide informed and meaningful consent to sexual activity. Furthermore, informed consent can be withdrawn at any time prior to and during a sexual encounter, and whilst an individual may consent to one type of sexual and intimate activity, they can later not consent to other sexual or intimate activities. Wherever consent is withdrawn, but sexual activity continues, this constitutes sexual misconduct as informed consent is not being given.
Student-Staff Relationships & Abuse of Power
The University is clear that relations between staff and students should be professional at all times, dealings between staff and students should be objective, and any staff-student interaction should not be open to abuse of power. Consequently, sexual, romantic, and personal relationships between staff and students are not normally permitted.
The University recognises that a student may have a pre-existing relationship with a member of staff (e.g., they are a partner, child, or relative of a staff member), and such pre-existing relationships will be managed carefully to ensure no advantage is gained from that relationship, and no abuses of power can take place. For example, the staff member will have no direct responsibilities for the student, with ethical walls put in place to ensure this.
The University is clear that relationships developing between students and staff within the University environment is not normally permitted. In cases where there is a direct, pastoral, or safeguarding responsibility of that member of staff to the student in question, this is a serious professional and moral transgression and is explicitly not permitted. Staff members and students must not seek to develop relationships with each other.
The University recognises there may be exceptional circumstances where a relationship has developed where the member of staff has no direct or pastoral responsibility for the student and these will be advised upon and managed accordingly. It must however be emphasised that a staff-student relationship developing under such circumstances being permitted would be extremely rare, and both staff and students are explicitly discouraged from seeking to actively engender such relationships.
Key University Policies and Procedures
The University operates a series of policies and procedures as part of its approach to preventing and managing Harassment and Sexual Misconduct, and a brief overview of these policies are given:
Harassment and Sexual Misconduct Policy: This policy sets out clearly the University’s position and approach to the prevention and management of harassment and sexual misconduct and always be consulted where an individual is affected by harassment and/or sexual misconduct. This is available by clicking here.
Student Conduct Policy: The University will investigate concerns in relation to harassment and/or sexual misconduct, and the Student Conduct Policy sets out how the University approaches this with students. It also outlines clearly penalties and actions the University can take if harassment and sexual misconduct is found. This is available by clicking here.
Employee-Student Relationships Policy: The Harassment and Sexual Misconduct Policy provides an overview of the University’s position on Employee-Student Relationships and how it manages those. Students and external parties to the University who require information on this can therefore consult the Harassment and Sexual Misconduct Policy on these matters. There is however the Employee-Student Relationships Policy on the staff intranet that is available on request, although the key elements of this are articulated publicly in our Harassment and Sexual Misconduct Policy.
Staff Anti-Harassment and Bullying Policy & Staff Disciplinary Policy and Procedure: The University will investigate concerns in relation to harassment and/or sexual misconduct, and the Staff Anti-Harassment and Bullying Policy and Staff Disciplinary Policy and Procedure sets out how the University approaches this with staff. Students and external parties to the University who require information on this can therefore consult the Harassment and Sexual Misconduct Policy on these matters. There are however the Staff Anti-Harassment and Bullying Policy and Staff Disciplinary Policy and Procedure on the staff intranet that are available on request, although the key elements of these are articulated publicly in our Harassment and Sexual Misconduct Policy.
Academic Freedom and Freedom of Speech Policy: The Academic Freedom and Freedom of Speech Policy outlines clearly what the University considers to be freedom of expression within the Law and how it seeks to protect this. The policy also considers carefully what constitutes free speech and legitimate expressions of academic freedom, versus what is considered harassment. Where concerns of expression and speech are raised, they will be considered through this policy, and where those concerns are legitimate may then be considered and explored through the harassment and sexual misconduct policy. This is available by clicking here.
Disclosing and Reporting Harassment and Sexual Misconduct
The following section outlines how a student, staff member, or member of the public (the reporting party) can raise a concern of harassment and/or sexual misconduct and seek support, advice, and guidance. Please remember that the University will be led by the reporting individual on how they wish to proceed with a disclosure and report of harassment and/or sexual misconduct, and the Harassment and Sexual Misconduct Policy should be consulted in addition to the information set out in this guide.
Where a member or visitor of the University wishes to receive support in relation to harassment and/or sexual misconduct, they can either call +44 (0)7464542636 (lines open Monday – Friday, 9am – 5.30pm), or e-mail safeguarding@bpp.com. This will ensure the individual is connected with our Student Welfare and Support Team who are trained experts in managing these concerns.
It is recommended that where an individual needs to urgently speak to someone, they use the telephone contact.
If on a BPP campus, the individual can also approach a member of Student Support or Facilities Staff at Reception or a Student Support help point and ask if they can speak to a member of the Student Welfare and Support Team.
It is really important that when initially speaking to BPP teams that the individual does not provide the name of the individual the concern is being raised against until the individual is able to make an informed decision on disclosure. This protects the individual’s confidentiality rights and right to make an informed decision. It is important that individuals are made aware of the Reporting and Confidentiality section of the Harassment and Sexual Misconduct Policy, before making a full formal report.
Where an individual wishes to make a formal report, the following options will be provided by the Student Welfare and Support Team:
· Reporting to the Police where the reporting party wishes to do so.
· Making an anonymous report to CrimeStoppers where the reporting party wishes to do so.
· Raising a complaint about another student who is alleged to have committed the act of harassment and/or sexual misconduct through the University’s Student Conduct Policy where the reporting student wishes to do so. The reporting party will be referred to the Proctor’s Office for advisement. Please also consult the Investigating Harassment and Sexual Misconduct section of this guide for further information.
· Raising a complaint about a staff member of the University who is alleged to have committed the act of harassment and/or sexual misconduct through BPP’s Anti-Harassment & Bullying Policy where the reporting party wishes to do so. The reporting party will be referred to the University’s HR department for advisement. Please also consult the Investigating Harassment and Sexual Misconduct section of this guide for further information.
· The University respects and supports the rights of all individuals to report alleged harassment and/or sexual misconduct to the Police. The University will provide appropriate advice and support for individuals who wish to proceed with reporting such matters to the Police and will not seek to stop such reports. In certain cases, individuals may not wish to report harassment and/or sexual misconduct to the Police, and the University will not normally make a disclosure to the Police without the individual’s permission. The University may however exceptionally make a determination that the alleged harassment and/or sexual misconduct poses a potential risk to the University, its members, and broader society, and therefore may in certain cases find itself duty bound to report the matter to the Police. In such situations, individuals involved will be informed of the University’s rationale in taking that decision, and provide appropriate support and advice to all parties involved during and following that decision being taken. Further information can be found in the Harassment and Sexual Misconduct Policy.
Regardless of whether a formal report is made or not, the University will provide support and advice as outlined in the next section.
Support for those involved in cases of Harassment and Sexual Misconduct
The University provides comprehensive support to those involved in cases of Harassment and Sexual Misconduct, which is outlined in this section. The University is committed to providing support without prejudice and both those reporting, and those subject to, concerns of harassment and sexual misconduct will provided with support, advice, and guidance thoughtfully and with due regard to duty of care.
From the outset of, and throughout the process, all individuals involved in concerns relating to harassment and/or sexual misconduct will be provided with specialist advice and support from Student Welfare and Support and the Proctor’s Office. Student Welfare and Support and the Proctor’s Office will also with the consent of the those involved, refer individuals to both internal and external support services when and as required.
The individuals involved have the right to refuse these referrals, but it is to be emphasised these suggested referrals will always be made in the best interests of those involved. There may be situations where a decision is taken to make a referral to a specialist support service where the University deems it necessary but also where the individuals involved have not provided their consent. Such situations would be rare and would only take place where the University deems that the individual would be in a position where they were harming themselves and/or others for this referral to take place without their explicit consent.
All individuals involved in concerns relating to harassment and/or sexual misconduct will be, in addition to pastoral advice, and where applicable, be provided with academic support and advice, especially with regards to mitigating the impact of concerns relating to harassment and/or sexual misconduct on a student’s studies. The University has a range of academic adjustments that can be put in place to support students with any potential impact of a concern on their studies. These will be discussed with students from the outset of the raising of any concern and revisited on a regular basis as part of ongoing support for the students involved.
Investigating Harassment and Sexual Misconduct
Following a formal report being made through the procedures set out in the Harassment and Sexual Misconduct Policy, depending on whether the concern relates to a student or staff member, one of the following routes of action will be taken:
· Where the concern relates to a student: The concern will be investigated through the Student Conduct Policy.
· Where the concern relates to a staff member: The concern will be investigated through the Staff Anti-Bullying and Harassment Policy, and Staff Disciplinary Policy and Procedure.
In both cases, where a concern of harassment and/or sexual misconduct has been raised, all parties involved will be supported without prejudice through means as articulated in this guide and also the Harassment and Sexual Misconduct Policy.
It is important to note that where a report has been made to the Police, the University may need to pause its disciplinary proceedings until the Police have concluded their investigation. In such situations, as outlined in the Harassment and Sexual Misconduct Policy, under the Disciplinary Action section, the University will follow the procedures as set out there.
Student and Staff Training
The University provides comprehensive, evidence and expert-informed training to both students and staff. This training is compulsory for all students and staff and is audience specific to ensure that each audience knows the duties and expectations related to the prevention and management of harassment and sexual misconduct.
Training focuses specifically on:
· Consent, Healthy Relationships, and Power Dynamics
· Harassment, Sexual Misconduct, and UK Law
· Understanding the Impact of Harassment and Sexual Misconduct
· Challenging Misconceptions about Harassment and Sexual Misconduct
· Rights, Reporting, and Support at BPP University in relation to Harassment and Sexual Misconduct
· Looking out for each other: Active Bystander Skills
Staff in particular are trained according to their level and responsibility, with frontline first responder training comprehensively deployed to all staff, and more detailed subject-matter expert training for staff involved directly in the management of harassment and sexual misconduct.
Training is delivered through a combination of online interactive e-learning, face-to-face workshop and induction delivery, and specialist subject-matter expert training for those closely involved in the management of concerns.
Academic Freedom and Freedom of Speech
The University has a legal duty to promote and protect academic freedom and freedom of speech. Academic staff have freedom, within the law, to question and test received wisdom and put forward new ideas and controversial or unpopular opinions without detriment to themselves, across their scholarly work, teaching, and research. Furthermore, the University recognises the importance of freedom of speech and expression across all staff and students, within the law, even where the ideas and views expressed may be unpopular, controversial, and contested. Further information on how the University manages concerns in relation to academic freedom and freedom of speech can be found in the University’s Academic Freedom and Freedom of Speech Policy.
Where university members have concerns that the views expressed under the auspices of academic freedom or freedom of speech are harassment, it is always important that these are raised through the procedures set out in the Academic Freedom and Freedom of Speech policy. Where assessment under that policy considers that the expressions are indeed harassment, then recourse to the Harassment and Sexual Misconduct Policy and its procedures in relation to harassment will be taken. Concerns where alleged expressions of freedom of speech or academic freedom may be considered harassment are where they promote or support hatred or violence towards a section of society, particularly those that share a protected characteristic. This definition is not however exhaustive, so advice should always be sought using the support avenues outlined in this guide.
Student-Staff Relationships
As outlined in the Key Definitions section the University is clear that relations between staff and students should be professional at all times, dealings between staff and students should be objective, and any staff-student interaction should not be open to abuse of power. Consequently, sexual, romantic, and personal relationships between staff and students are not normally permitted. Please see that definition in the Key Definitions section of this guide for the University’s principles in this area.
The University has a clear Employee-Student Relationships Policy that manages concerns relating to staff-student relationships and their appropriacy, and the Harassment and Sexual Misconduct Policy clearly articulates this policy and the rules and expectations on Student-Staff Relationships. Please therefore consult the Harassment and Sexual Misconduct Policy in the first instance where a concern in relation to a staff-student relationship arises.
Non-Disclosure Agreements
BPP University does not use non-disclosure agreements (NDAs) in relation to concerns relating to harassment and/or sexual misconduct, and this is prohibited by OfS Condition E6.
The University believes strongly in open and honest dialogue about concerns of harassment and/or sexual misconduct, which can be raised, addressed, and learned from without fear of silencing or reprisal.