Sexual Misconduct Policy

1. Introduction and policy statement

The aim of this policy is to help prevent sexual misconduct from occurring by fostering a culture of dignity and respect. We are committed to creating and maintaining a safe environment that prevents sexual misconduct through education and training.  

The University does not tolerate instances of sexual misconduct. We expect staff and students to foster a culture of accountability, mutual respect, and inclusivity and we encourage everyone to challenge inappropriate behaviour, where it is safe to do so.

We recognise the significant impact sexual misconduct can have on individuals and will support those affected, as well as others in the community. We aim to create a culture where individuals feel confident to disclose incidents, are listened to, and understand their options. We respect the right of individuals to choose how to proceed with their disclosure, including the decision not to make a formal report.

Where instances of sexual misconduct are disclosed and reported, the University is committed to taking action, proportionate to the circumstances of the case.

The University recognises that sexual misconduct can be experienced by any individual, regardless of sex, gender, sexual orientation, relationship status, age, disability, faith, race, ethnicity, nationality, or economic status.  We understand that experiences of sexual misconduct may intersect with other forms of discrimination and harassment, and therefore minority groups may be disproportionately affected.  

As an academic institution, we promote and preserve freedom of speech and academic freedom within the law. We believe in the courteous exchange and debate of ideas, including lawful views that might be controversial or unpopular. Content related to course materials, teaching, research, or discussions is therefore unlikely to constitute sexual misconduct or harassment. For more information, please see our Freedom of Speech Code of Practice.

2. Scope of the policy 

Who this policy applies to:

• all employees, workers, Governors and Emeritus Professors at the University of Derby and Derbyshire Student Residences Limited (DSRL).
• all registered students at the University of Derby including, but not limited to, students with visiting student status, distance learners and those undertaking apprenticeships
• third parties including volunteers, contractors, visitors and officers of the University Student Union.

The Student Code of Conduct sets out the University’s expectations of the standards of conduct for students. The Student Disciplinary Procedure and/or the Professional Conduct and Professional Suitability Procedure explains the steps we will take to investigate allegations, and the possible sanctions related to proven cases.

Our standards of workplace conduct and expectations regarding dignity and respect apply to all employees as outlined in How We Work,  the Staff Harassment and Bullying Policy and the Disciplinary Procedure.

If you are an employee, you should ensure you are familiar with our policy on relationships to fully understand the professional standard of behaviour expected of you, and your obligations around reporting any personal relationships between yourself and students and other employees.  You can find this information within How We Work.

If you are an employee, this policy does not form part of your contract of employment with us. We reserve the right to amend or remove this policy.

3. Where this policy applies

For all:

• anywhere on our premises
• via electronic means including, but not limited to: internet, email, social media sites, chat rooms, text messages and instant messaging.

For Students:

• whilst a student is engaged in any University or Union of Students related activity, including placement activities and field trips
• in any activity where the Student is representing the University

For Staff:

• during work-related business or social events or business trips, including when this is away from our premises,
• at work and during any situation related to work such as at a social event with colleagues or while travelling on University business
• against a colleague or other person connected to the University outside of a work situation, including on social media
• against anyone outside of a work situation where the incident is relevant to your suitability to carry out your role

The Policy also applies to disclosures or allegations of sexual misconduct that:

• results in a legal or police investigation, charge or conviction of an offence
• raises questions about the professional suitability of students registered on either a programme governed by professional regulations, or a programme with a placement element.

The University Safeguarding Policy will apply if the reporting person is under 18 or a vulnerable adult.                                  

The University reserves the right to re-direct formal reports into alternative procedures, as it deems appropriate.

4. Definitions 

The term ‘sexual misconduct’ will be used throughout this policy to cover all conduct of a sexual nature. 

Sexual misconduct is non-consensual behaviour, or conduct, or attempted behaviour, of a sexual nature. It covers all forms of sexual violence, including but not limited to:

• sex without consent
• sexual abuse (including online and image-based abuse)
• non-consensual sexual touching
• intimate partner violence
• grooming
• stalking
• sexual harassment, abusive or degrading remarks of a sexual nature
• promised resources or advancement, in exchange for sexual access.

While some instances of sexual misconduct may also be a criminal offence, conduct and behaviours do not need to amount to a criminal offence to constitute sexual misconduct under our policies. It is potential sexual misconduct if it involves unwanted or attempted unwanted conduct of a sexual nature.

Please refer to appendix 1 for a full list of definitions used in this policy

5. Confidentiality 

The University recognises the importance of handling information related to sexual misconduct disclosures and formal complaints sensitively and with respect for the privacy of those involved. However, there may be circumstances where information must be shared - internally or externally - to fulfil legal, regulatory, safeguarding, or duty of care obligations.

The University may share relevant information either with the relevant parties’ informed consent, or where necessary to:

• Meet legal or regulatory requirements, including safeguarding laws, Prevent Duty, or other statutory obligations.
• Protect the safety and wellbeing of individuals, within or beyond the University community, where there is a risk of harm.
• Ensure the fair and appropriate handling of a formal complaint.
• Comply with law enforcement requests or regulatory body requirements.

The above is not an exhaustive list and any decision to share information will be made on a case-by-case basis, ensuring that:

• Information sharing is limited to those with a legitimate need to know.
• Only relevant and necessary information is disclosed.
• Wherever possible, affected parties will be informed about what is being shared, with whom, and when - unless doing so would create additional risk.

Throughout all proceedings, the University will act in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Confidentiality in investigations 

All individuals involved in an investigation are expected to maintain appropriate confidentiality to ensure a fair and unbiased process. Failure to do so may result in disciplinary action or other sanctions.

Maintaining confidentiality does not limit or prevent individuals from accessing support services or seeking professional advice. All individuals are encouraged to utilise available resources and consult with professionals as needed, without fear of breaching confidentiality.

6. Data recording and monitoring 

The University maintains a central record of all disclosures of harassment and sexual misconduct to effectively monitor prevalence trends and support prevention initiatives. These records are managed by Student Services and People Experience and Culture and are anonymised in any reporting process. All records are maintained in accordance with the University’s Records Retention Schedule.

7. Support available

The University is committed to providing support to our staff and students regardless of their protected characteristic/s or how they identify, and to reducing any additional barriers to disclosing and reporting that may affect these groups. 

There are a number of support options available to our University community. 

8. Making a disclosure 

We strongly encourage anyone to disclose sexual misconduct behaviours or conduct if they were directed at you, if you were affected by them, or if you witnessed them, whether you want support only or if you want to discuss further action.

Disclosures not involving a staff member

• You can make a disclosure to the University by using our online disclosure tool Cause for Concern, in person, or via phone or email. Confidential spaces are available for in-person disclosures. If a Reporting Party does not feel able to provide their details, they can disclose an incident anonymously via Cause for Concern. 

Disclosures involving a staff member:

• If your disclosure relates to a University of Derby staff member, please report via Report and Support.  You can report anonymously or with your contact details.

The University wants everyone to feel able to disclose incidents of sexual misconduct.  While the University will consider and review all disclosures, including anonymous ones, reporting anonymously may limit our ability to investigate or take direct action. It may also mean we may be unable to offer support or provide updates on any actions taken in response to the disclosure. However, anonymous disclosures can still help the University identify patterns, inform preventative measures, and shape policy development.

Staff who receive disclosures may submit on behalf of individuals, with their permission, via the online reporting tool.

Disclosures do not constitute formal reports or compel the University to act immediately, unless there is a safety concern or a safeguarding responsibility.

Historical incidents can also be disclosed, and support will be provided.

9. Making a formal report

A formal report indicates a Reporting Party’s desire for the University to investigate the allegations.

Formal reports which make sexual misconduct allegations against a registered student, will be managed by the Student Policy and Regulations team.

Formal reports which make sexual misconduct allegations against a member of staff will be handled by People Experience and Culture in accordance with the appropriate staff procedure.

The Reporting Party has the right to withdraw a formal report at any time.  With such a request, the University will assess the situation prior to committing to stopping a process. There may be occasions when, following an assessment of the situation, the University decides that it must continue to investigate. 

10. Investigation

Following receipt of a formal report, the University will investigate the allegations using the following procedures:

• Allegations against a registered student: Sexual Misconduct Procedure - Academic regulations - University of Derby
• Allegations against a member of staff: Disciplinary Procedure 

The University will use trauma-informed approaches during investigations.  All parties, including witnesses, will be offered support during investigation processes.  They will also be signposted to other external support that is available, such as from a trade union for staff who are members or the Students’ Union for students.  

All members of the University are required to cooperate fully with an investigative process; failure to do so may result in disciplinary action.

If the responding party holds multiple roles within the University—for example, as both a staff member and a student or an employee with multiple contracts—the University reserves the right to determine the most appropriate procedure for managing the case. Additionally, any decisions made under the applicable policy may, where deemed appropriate by the University, have implications for the individual's other roles.

There may be times when investigations are multi-purposed.  For example, an investigation following a student complaint against a staff member may subsequently be used during a disciplinary process against a staff member.

11. Actions under the University's procedure 

Following an investigation and, where applicable, a disciplinary hearing, if an allegation of sexual misconduct is upheld, the University may impose sanctions on the Responding Party. For students, this may include expulsion from the University. For staff members, sanctions may extend to dismissal from employment.

These procedures apply to all forms of misconduct, including non-sexual harassment or other forms of unacceptable behaviour. The scope and depth of any investigation will be proportionate to the seriousness of the issues reported.

It is important to note that any findings made through the University’s internal procedures do not constitute a legal ruling as to whether criminal activity has occurred.

The Responding Party will be informed of the outcome of the disciplinary process, including any sanctions imposed and the rationale for these decisions. They will also be advised of their right to appeal the outcome and/or any sanctions applied.  

12. Criminal acts

Some incidents of sexual misconduct may also constitute a criminal offence under English law. In these cases, any criminal offences may be addressed through criminal proceedings beyond the scope of our internal disciplinary proceedings.

Following notification of a criminal investigation, the University, in liaison with the police, will decide if/how to proceed with its internal investigation. Our approaches to investigation whilst a criminal investigation is undertaken are explained in our disciplinary policies.

Students and staff should be aware, that evidence obtained as part of a University investigation may become disclosable to the police. 

13. Reports to the police

The University will not normally report an incident of sexual misconduct to the police without the Reporting Party’s permission. However, the University may be required to notify the police of behaviour/areas of concern, especially where there is believed to be an ongoing risk to others. 

If the University does make the decision to report an incident to the police against the Reporting Party’s wishes, the Reporting Party will be notified and fully informed of the reasons why.  

14. Vexatious and/or malicious complaints

The University treats all reports of sexual misconduct seriously and anyone reporting issues in good faith will be heard and respected, even if the concern turns out to be unfounded. However, the possibility of malicious and/or vexatious report is recognised, and any Reporting Party identified as such will be dealt with under the relevant University disciplinary procedure/regulations.   

Sexual Misconduct Policy – Appendix 1

Definitions

Sexual misconduct encompasses all unwanted conduct of a sexual nature. This includes but is not limited to:

• Sexual Harassment:
  • The Office for Students definition of sexual misconduct mirrors the definition as defined under Section 26 (2) of the Equality Act 2010 : unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
  • By Law (Worker Protection Act 2023) all employers must take reasonable steps to prevent sexual harassment of their employees. The law covers sexual harassment from other people at work and third parties for example customers and clients.
• Sexual Assault:
  • Any intentional sexual act performed without consent, as defined in the Sexual Offences Act 2003, including rape, sexual assault or other non-consensual sexual activity.
• Unwanted Sexual Conduct:
  • Any physical, verbal, or non-verbal behaviour of a sexual nature that is non- consensual. This may include kissing, touching, or pressuring someone into a sexual act through coercion, manipulation, or intimidation.
• Sharing Explicit Images Without Consent:
  • Distribution of intimate images or recordings without consent, often referred to as "revenge porn" (Criminal Justice and Courts Act 2015).
• Other Examples Include:
  • 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)
  • Sending explicit messages or materials without consent (e.g., unsolicited sexual images or messages).
  • Voyeurism (e.g. spying on someone), stalking, or other invasions of privacy related to sexual behaviour.
  • Intimidation or offering benefits in exchange for sexual favours.
  • Indecent exposure intended to cause distress or intimidation.

Consent

Consent is a voluntary, informed, and mutual agreement to engage in a specific sexual activity. It must be given freely and can be withdrawn at any time.

Freedom to consent:

For consent to be present, the individual must freely and consciously engage in a sexual act. Consent is not present when submission by an unwilling participant results from the exploitation of power, or coercion or force or lacks mental capacity to consent regardless of whether there is verbal or physical resistance. 

Coercion or force includes an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten, that place an individual in fear of immediate or future harm, with the result that the individual feels compelled to engage in a sexual act. 

Capacity to consent:

Free consent cannot be given if the individual does not have the capacity to give consent. Incapacitation may occur when an individual is asleep, unconscious, or any other state of unawareness that a sexual act may be occurring. Incapacitation may also occur on account of an impairment of or a disturbance in the functioning of, the mind or brain (whether permanent or temporary), or as the result of alcohol or substance use. 

For clarity, a person is not able to consent to a sexual act freely and voluntarily when they are:  

• Asleep or unconscious.  
• Significantly intoxicated or affected by drugs.  
• Intimidated, coerced, or threatened, including when they are afraid of harm to themselves or someone else.   
• Unclear about the identity of the person performing the act.  
• Tricked into doing something they do not want to do.  
• Detained or held against their will.  
• Under 16 years of age.  
• Under 18 years of age and the person performing the act is a staff member of the University.  
• Pressured or feel pressured to engage in the sexual act by another person in a position of power or authority over them 

Intoxication is never a defense for committing an act of sexual misconduct, or for failing to obtain consent. 

Disclosure

Disclosure refers to the act of a student informing a member of the University community that they have experienced harassment or sexual misconduct. This is distinct from a formal report and does not automatically initiate an internal investigation, although the University may investigate disclosures where it is appropriate to do so.

Formal report of sexual misconduct

A formal report is an official notification to the institution regarding an incident of harassment or sexual misconduct.

Submitting a formal report may lead to the initiation of the University’s investigative and response procedures, where deemed appropriate following an initial assessment of the information provided.

Sexual Violence Liaison Officer (SVLO)

SVLOs are trained professionals within Student Services who provide proactive advice, support, and resources to students who have experienced sexual misconduct.

Responding party

Responding party is the person(s) named in a formal report who is alleged to have committed an act of sexual misconduct, sometimes referred to as the respondent. 

Reporting third party 

The Reporting Third Party is the person(s) who has made a formal report regarding an experience of sexual misconduct not relating to themselves, sometimes referred to as the complainant. 

Retaliation

Retaliation includes intimidation, threats, or coercion made against any party involved in a disclosure or investigation under this policy. Retaliation is strictly prohibited and may result in disciplinary action.

Intimate personal relationship

The University uses the Office for Students definition of an Intimate Personal Relationship as a relationship involving physical intimacy, such as sexual activity, or romantic or emotional intimacy. Institutions are required to address potential conflicts of interest and power imbalances arising from such relationships between staff and students.

Vexatious and/or malicious reporting

Vexatious reporting involves the submission of multiple unwarranted reports without merit, while malicious reporting refers to allegations made with knowledge of their falsehood. Both undermine the integrity of reporting systems and are subject to disciplinary action.