Policy & Procedure Sexual Misconduct & Harassment

Sexual misconduct and harassment are defined in Loughborough College’s policy:

The term Sexual Misconduct refers to any unwanted conduct which is sexual in nature. It includes, but is not limited to the following:

• Sexual harassment as defined in accordance with Section 26 of the Equality Act 2010 and Section 1 of the Protection from Harassment Act 1997.
• Sexual assault as defined by the Sexual Offences Act 2003.
• Rape as defined by the Sexual Offences Act 2003.
• Disclosing or threatening to disclose private images or footage of sexual nature without consent as defined by the Criminal Justice and Courts Act 2015.
• Intimidation or the promise of a resource/s for sexual favour as detailed by the Equality and Human Rights Commission: Sexual Harassment and the Law, 2017.
• Stalking: fixated, obsessive, unwanted and repeated communication or behaviour.
• Upskirting and down-blousing: photographing or filming under a person’s clothing without their consent.
• Domestic Abuse as defined by the Domestic Abuse Act 2021. Behaviour between two persons aged 16 or over with a personal connection which is abusive consisting of any of the following: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, psychological or emotional abuse.
• Retaliation: adverse actions against another person which may include but is not limited to harassment, threats, intimidation or coercion which is made in response to a disclosure of report of sexual misconduct.
• Sexual Exposure: showing sexual organs to another person without their consent.

Harassment is conduct which violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment towards an individual. It may or may not be sexual in nature.

The Equality Act 2010 defines sexual harassment as conduct which is unwanted and of a sexual nature. Sexual harassment can include a broad range of behaviours, for example:

• Sexual 'jokes' or taunting
• Sexual comments or noises e.g. catcalling or wolf-whistling
• Sexual gestures
• Sexually suggestive comments or innuendos
• Sending communication of a sexual nature e.g. 'sexts' or photo’s of a sexual nature
• Sexualised posts or comments online or via social media
• Unwanted physical contact e.g. brushing up against someone

The College provide a range of reporting options including in person and online. Reports can be made by those who have alleged and/or have experienced sexual misconduct and harassment, have been witness to or are a third party, e.g. a reporting centre or fellow student.

If a student or staff member wishes to speak to a member of staff who is trained and has credible and demonstratable experience of handling reports of sexual misconduct and harassment, they can speak to a Sexual Violence Liaison Officer.

For any person wishing to make an anonymous report this can be made via our online form.

The X policy and procedure details all options for student and staff reporting. The College however would encourage students and staff who feel able to, to utilise our online form

The College recognises the importance of support being available regardless of whether or not a person affected by sexual misconduct and violence chooses to make a report or disclosure.

Students and staff may wish to share the impact of sexual misconduct and / or harassment, and violence. They may wish to do this in person (including with a Sexual Violence Liaison Officer) or anonymously.

Sexual Violence Liaison Officer’s (SVLO’s) are qualified to provide tailored support to individuals who are or have been affected by sexual misconduct and harassment (this includes recent and non-recent). This support is available whether or not there is a report made to the police, there is any ongoing criminal justice proceedings or disciplinary proceedings within the College.

Students will be signposted to specialist support including but not limited to a Sexual Assault Referral Centre (SARC) and counselling as appropriate.

There is a range of support options available internally and externally to the College. Further information about this can be found on our online form

The support available is targeted to both the needs of those who wish to make a report or disclosure and those who are involved in any investigatory or disciplinary processes.

Students who have been reported for alleged incidents of sexual misconduct or harassment can also access support or information from the Sexual Violence Liaison Officer. This support continues to be available during investigatory or disciplinary processes.

For those with protected characteristics affected by sexual misconduct and violence, the College will signpost to appropriate support options which may be internal or external to the College.

For student both affected by sexual misconduct and harassment and those reported for alleged incidents, information regarding cademic related support will be shared. This includes through Academic Tutors and Extenuating Circumstances. This support ensures continued academic engagement where a student chooses to continue with their study. There may be instances where it is deemed appropriate for changes or arrangements to be made in relation to academic study and assessment for a student who is alleged and/or has experienced sexual misconduct and harassment or misconduct.

Support for those alleged or who have experienced sexual misconduct and / or harassment will have access to support regardless or whether or not the incident has taken place on the College site or in connection with the students registered at the College.

The policies below provide information and guidance on how Loughborough College investigate reports of sexual misconduct and harassment:

X defines what sexual misconduct and harassment is and the College's approach to making a significant and credible difference in reducing harm.

X will be used to investigate reports of sexual misconduct and harassment.

X will be used to investigate reports of sexual misconduct and harassment made by students against staff.

X sets out how reports will be investigated with information about timescales, stages, penalties and appeals processes:

1. Information is collected sensitively and treated with appropriate confidentiality, irrespective of the mechanism used to make a report or disclose information, for example, in person or online.
2. Information is handled on the basis set out in data protection legislation.
3. Students understand how information they disclose may be used, for example during a disciplinary process for a student or a member of staff.

The College understands the importance of creating an environment in which those who have been affected by sexual misconduct and / or harassment feel safe to make a report.

All reasonable steps will be taken to ensure the privacy of those who have made a report and the reported. Information is handled sensitively and will be treated with the appropriate level of confidentiality regardless of how the report or disclosure is made. This includes both online and in person reporting.

All information and data will be handled as set out in the College's data protection policy.

In line with the X policy and procedure and where it is deemed appropriate and practicable to do so within the obligations of data protection, the College will provide information (including any outcomes or actions which have or have not been taken) as well as any final outcome following an investigation. In instances where there is an ongoing criminal investigation, the College will be led by the Police in regard to what can be communicated or actioned at that time.

When reports are made by students against staff or by staff against students, in line with the X policy and procedure, information regarding outcomes and/or actions will be shared with the student in line with data protection law.

Loughborough College is committed to providing mandatory training for all students which is designed and delivered by those with both credible and demonstratable expertise. Students will be required to undertake the following training modules prior to enrolment and at the start of subsequent years of study:

• Consent
• Bystander

We understand the importance of ensuring that students have a clear understanding of these areas and recognise that undertaking training alone does not ensure this. The effectiveness of the training will be evaluated periodically through student representative meetings and feedback forms and the learning taken from the training modules will be reviewed through knowledge checks.

During the academic year, the College will actively raise awareness of healthy relationships and promote the reporting mechanisms for sexual misconduct and harassment around both the college site and online. Campaigns to raise awareness around sexual misconduct and harassment, consent and bystander intervention will also reinforce knowledge and opportunities for learning.

The College are committed to ensuring that staff, as appropriate to their role, have knowledge and awareness of the single comprehensive source of information.

There are trained staff who have up to date knowledge of what behaviour may constitute sexual misconduct and harassment and the understanding and skills required to support students and staff who:

• Wish to make a report or disclosure about sexual misconduct and harassment
• Have alleged and/or experience of sexual misconduct and harassment
• Are the alleged perpetrators of sexual misconduct and harassment

The College has designated Sexual Violence Liaison Officers who are qualified to support both those who have alleged and/or experienced sexual misconduct and harassment and those alleged perpetrators of sexual misconduct and violence.

Staff undertaking investigatory or disciplinary processes in regard to sexual misconduct and harassment will have the knowledge, skills and expertise required to do so.

Loughborough College recognises that there are different forms of abuse of power that can be present within intimate personal relationships between staff and students as well as an imbalance of power.

The College's X policy bans personal relationships between staff and students with the exception of those pre-existing relationships which have been declared along with any conflicts of interest relating to a student.

The College's ban on intimate personal relationships is not intended to prohibit staff from fulfilling their professional, academic or pastoral responsibilities whilst maintaining appropriate boundaries. Examples of this may include but are not limited to a staff member having physical contact with a student in order to demonstrate a sports therapy technique or a staff member in a wellbeing related role engaging compassionately with a student in distress.

The College are committed to taking credible and evidential steps to protect and safeguard students from sexual misconduct and harassment. This includes:

• Collecting, analysing and publishing data collected from our online reporting service
• Incorporating surveys into online training and any face to face training for both students and staff in order to evaluate the effectiveness of training and identify any gaps in knowledge and awareness
• Consulting with students and student representatives regarding changes made about policy on sexual misconduct and harassment.

The College do not use non-disclosure agreements (NDA's) in relation to any complaints or reports of sexual misconduct and violence as prohibited by the Office for Students.