Harassment and sexual misconduct

As defined under Section 26 (2) of the Equality Act 2010 and the Office for Students: 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.

Harassment includes unwanted behaviour or conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, or causing a person distress or alarm.​

Harassment may consist of persistent behaviour, although one single act may be considered sufficiently serious to warrant disciplinary action.​

Actions may be harassment whether or not the person behaving in that way intends to cause offence. Actions may also be considered harassment if they are conducted online.

These behaviours or conduct might be because of, or connected to, one or more of the following protected characteristics:​

• age​
• disability
• gender reassignment
• race
• religion or belief​
• sex​
• sexual orientation​

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.

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.

Distribution of intimate images or recordings without consent, often referred to as "revenge porn" (Criminal Justice and Courts Act 2015).

Consent means choosing for something to happen. A person gives consent when they agree by choice, and have the freedom and capacity to make that choice. When you reach out to support any questions around consent that you have can be explored further.

Abuse of power means a situation where a relevant staff member* exploits their position of power in relation to a student, to apply pressure in a way which:

• may result in a student doing something, or refraining from doing something that they may not have otherwise done; and
• that action or inaction could reasonably result in something that falls with in the scope of an intimate personal relationship**

For example, this could be by pressuring a student into doing something (sexual or otherwise) that they’re uncomfortable with, unfairly influencing grades or opportunities, or creating a hostile or intimidating environment. This includes any behaviour that takes advantage of the staff-student power imbalance.

*A relevant staff member means a member of staff who has direct academic responsibilities, or other direct professional responsibilities, in relation to that student

** An intimate personal relationship mean any relationship that involves:

• physical intimacy, including isolated or repeated sexual activity and/or
• romantic or emotional intimacy

The person(s) who has made a formal report regarding an experience of sexual misconduct.

The person(s) named in a formal report who is alleged to have committed an act of sexual misconduct.

We have a number of policies in place demonstrating our commitment to protecting students from any actual or potential harassment or sexual misconduct.

Our Sexual Misconduct Policy

This is a whole university community policy.  The policy covers all staff, students, visitors and contractors. The policy details what happens if you, or someone you know, experiences harassment or sexual misconduct by anyone linked to the University.

Student code of conduct

The University aims to provide all of its students with the support and guidance they need to achieve and succeed. The Student Code of Conduct sets out the standard of conduct the University expects of its students so that everyone can undertake their studies in a supportive and non-threatening environment. This policy includes our expectations in relation to harassment.

How we work

This sets out our expectations on ways of working for all staff and governors at the University of Derby and details our commitment to protecting students from any actual or potential conflict of interest and/or abuse of power that may arise from intimate personal relationships with staff

Bullying and Harassment policy

This policy is for all staff and governors at the University of Derby and details our approach to protecting community members from harassment and bullying.

Safeguarding

The University of Derby is committed to safeguarding and promoting the welfare of all our staff, students and children. At the University of Derby, safeguarding is everybody's concern. Our safeguarding policy and appendix can be found here.

Visitors code of conduct

Our expectations of visitors conduct and behaviour while with us on campus.

The University operates a ban on intimate personal relationships between students and 'relevant staff members'.

We do not allow staff to start new intimate personal relationships with students they directly teach, supervise, support, or have professional or security responsibilities for.

It is a staff member’s responsibility to inform us of any existing or developing relationship with a student, regardless of their role, so that appropriate steps can be taken to manage potential issues. This can be done through our declaration form.

Any relationships must be declared in all cases as detailed in the How We Work Policy.

How we handle and share information

We understand that confidentiality is important in creating an environment where students and staff feel safe to raise concerns about harassment and sexual misconduct. We will always seek to protect, as far as reasonably practicable, the privacy and personal data of anyone involved in a disclosure, report, or complaint.

Non-disclosure agreements (NDAs)

The University of Derby has signed the 'Can’t Buy My Silence’s Universities Pledge. This means that we will not use non-disclosure agreements (NDAs) in relation to complaints of sexual harassment, abuse, misconduct, or other forms of harassment. In addition, since September 2024 the Office for Students has prohibited universities from using NDAs in relation to student allegations of harassment and sexual misconduct.

The University is committed to upholding freedom of speech within the law and academic freedom as core principles of higher education. In compliance with our legal and regulatory duties, our efforts to prevent and respond to harassment and sexual misconduct are balanced with the need to protect lawful speech and academic freedom.

View our Freedom of Speech Code of Practice.

The University has a duty to protect its staff and students from unlawful discrimination, harassment, intimidation or threats of violence on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity. However, the provisions of the Equality Act 2010 should not be interpreted to undermine freedom of speech and academic freedom. As a result, students’ learning experience and the working environment of staff may include exposure to research, course material, discussion or speakers’ views that they find offensive, contentious or unacceptable, but are nonetheless within the law, and unlikely to be considered unlawful harassment or discrimination under the Equality Act 2010.