Discrimination, Bullying and Harassment Policy

Introduction

1. Northeastern University London (the University) is committed to providing  learning and working environments for all students and staff that are comfortable and free from all forms of unacceptable behaviour.¹ Visitors to the University should refer to the Visitor Policy.
2. This Policy covers discrimination, bullying and harassment, including cyberbullying and hate crimes. Other elements of unacceptable behaviour, such as academic misconduct and sexual misconduct, are managed through other policies and procedures:
   1. Academic Misconduct Policy
   2. Sexual Misconduct Policy
   3. Declaration of Criminal Convictions Risk Assessment Policy and Procedure for Students and Offer Holders
   4. Complaints Procedure for Students
   5. Disciplinary Procedure for Staff
3. The University recognises the negative impact that such unacceptable behaviour can have on a person’s mental health, educational experience, career progression and work environment.
4. The aim of this Policy is to provide students or staff experiencing, or who have experienced, unacceptable behaviour with the confidence to find support and report their experience so that they, as reporters, can be supported, and behaviours and cultures can be changed.
5. This Policy is for all students and staff who are experiencing unacceptable behaviour during their time at the University: 
   1. Students who have experienced or are experiencing unacceptable behaviours, such as discrimination, bullying, or harassment, will be supported by staff in Student Support and Development;
   2. Staff who have experienced or are experiencing other unacceptable behaviours, such as discrimination, bullying, or harassment, will be supported by HR;
   3. Students who experience or are experiencing sexual misconduct in the workplace, during full- or part-time employment or volunteering should refer to and follow the relevant policies at their place of work. These students may also seek support from Student Support and Development.
6.  This Policy will define the various unacceptable behaviours and outline the expected standards of students and staff of the University.

Reporting

7. The University has a Report and Support page, where students and staff can report incidents of bullying and harassment.
8. Reporting of all incidents enables the University to track trends and report to stakeholders, such as the Executive Committee and Northeastern London Board of Governors.
9. When a report is submitted, it does not automatically mean that another procedure will be invoked, such as the Disciplinary Procedure for Students or the Disciplinary Procedure for Staff. However, it must be noted that the University reserves the right to investigate reports of significant incidents.
10. Students and staff are strongly encouraged to report incidents of discrimination, bullying, and/or harassment themselves through the Report and Support platform, so that support can be put in place at the earliest opportunity.
11. Reporting the incident yourself can be done anonymously or you can leave your contact details using the Report and Support page. Reporting the incident yourself on the Report and Support platform and leaving your contact details enables support to be put in place at the earliest opportunity.
12. If a student or member of staff reports an incident and provides contact details, a trained member of the Report Response Team (RRT) will be able to provide support, such as external services/resources and or internal procedures. The University strongly advises students and staff to report incidents with their contact details so support can be offered.
13. Behaviour occurring in the University that is extreme and/or violent should be reported directly to a member of the Senior Management Team (SMT), who will follow the relevant procedure.
14. However, if a student or member of staff believes they are being subjected to unlawful harassment and are in danger, the University recommends that they contact the Police. Students who require assistance to contact the Police can contact a member of Student Support and Development and staff may contact HR.
15. If the report does progress to a disciplinary procedure, the submission on the Report and Support page will be used as the incident report form.

Definitions

Discrimination

16. Discrimination means treating someone less favourably than someone else because of a protected characteristic:
    1. Age
    2. Disability
    3. Gender reassignment
    4. Marriage or civil partnership
    5. Pregnancy and maternity
    6. Race
    7. Religion or belief
    8. Sex
    9. Sexual orientation
17. Less favourable treatment can be anything that puts someone with a protected characteristic at a disadvantage, compared to someone who does not have that characteristic.
18. It can still be discrimination even if the less favourable treatment was not intended.

Bullying

19. There is no single definition of bullying, but for the purposes of this policy it is defined as ‘unwanted offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient’. It is generally repeated behaviour (i.e. occurring more than once) which is intended to hurt someone either emotionally or physically. It is noted that although bullying is typically repeated behaviour, it does not always need to be directed against the same person, and it can also originate from more than one person.
20. Within this definition, bullying is distinct from rigorous academic debate or the actions of a member of staff making reasonable requests. It is also distinct from techniques used to manage and improve performance, the distinguishing factor being that these have the effect of supporting and developing potential or promoting desired performance, whereas bullying has the effect of undermining, humiliating, or injuring the recipient.
21. It is also important to note that, consistent with the above definition, bullying is typically a step beyond simple miscommunication.
22. Behaviour that may fall within the definition of bullying may include any or a combination of the following:
    1. Ridiculing or humiliating an individual
    2. Shouting or screaming at an individual
    3. Unwarranted or invalid criticism
    4. Persistently ‘singling out’ a person without good reason, deliberately excluding, isolating or ignoring an individual, encouraging others not to be friends with them, spreading rumours and gossip, humiliating someone in front of others
    5. Physically hurting a person through pushing, biting, kicking, scratching, punching or other forms of physical violence
23. The above examples are not exhaustive. They are, however, indicative of behaviour that is considered bullying by the University.

Cyberbullying

24. Cyberbullying is a term used to refer to bullying through electronic media e.g. virtual learning environment, online, via social networking sites, messaging apps, gaming sites and chat rooms. It can be in the form of fake profiles, negative comments intended to cause distress, sharing personal information without permission, stalking, harassment, and trolling.
25. Student conduct online and on social media platforms will be considered within this policy and the content will be considered under the definitions of bullying and harassment.
26. When sending emails, students and staff should consider the content, language and appropriateness of such communications. This also applies to text messages and instant messaging.
27. Students and staff should also adhere to the following guidance on the use of social media (whether accounts are owned by the University or are personal):
    1. Avoid using language which would be deemed offensive to others in a face-to-face setting as the impact on an individual will be much the same;
    2. Avoid forming or joining an online group that isolates or victimises people;
    3. Ensure never to use such sites to access or share illegal content.
28. However, it should be noted that not all instances of debate are cyberbullying, and that even quite vigorous debate may not fall within the definition of bullying.
29. If instances of what might be online bullying or harassment, including against third parties who are not members of the University, are reported, they will be dealt with in the same way as if they had taken place in a face-to-face setting.

Harassment

30. Harassment, as defined by Section 26 of the Equality Act 2010, 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 because of, or connected to, one or more of the following protected characteristics:
    1. Age
    2. Disability (covering physical disabilities, specific learning difficulties and mental health conditions)
    3. Gender reassignment
    4. Race
    5. Religion or belief (including lack of belief)
    6. Sex (including sexual harassment)
    7. Sexual orientation
    8. Marriage and Civil Partnership
    9. Pregnancy and Maternity
31. Under this definition, harassment includes domestic violence and abuse (which can also involve control, coercion, threats), and stalking.
32. For the sake of this Policy, reporting incidents of physical violence towards another person(s) on the basis of a protected characteristic, including hate crimes, such as those criminal offences which are perceived by the victim or any other person to be motivated by hostility or prejudice, based on a person’s disability or perceived disability, race or perceived race, or religion or perceived religion, sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity, will be logged. 
33. Harassment can be communicated verbally, be physical in nature, or be expressed through other means of communication, such as letters, emails, text messages, and messaging on social media platforms. It may be expressed directly to the individual, occur in their presence or be communicated about them to a third party. In most cases harassment is targeted at a particular individual. Not all harassment fitting the definition need necessarily be addressed to a particular individual however: certain acts, such as the telling of racist jokes or homophobic comments, could also constitute harassment within the scope of the above definition.
34. Behaviour amounting to harassment may include instances of:
    1. Insults, name-calling and offensive language and gestures
    2. Inappropriate jokes
    3. Ridiculing and undermining behaviour
    4. Microaggressions
    5. Inappropriate or unnecessary physical contact
    6. Physical assault or threats of physical assault
    7. Intimidating, coercive or threatening actions and behaviour
    8. Unwelcome sexual advance
    9. Isolation, non-cooperation or deliberate exclusion
    10. Inappropriate comments about a person’s appearance, intrusive questions or comments about a person’s private life and malicious gossip
    11. Offensive images and literature
    12. Pestering, spying or stalking
35. The definition and the above list is indicative, and alleged harassment will be assessed on a case-by-case basis.
36. The University is fully committed to the principle and promotion of freedom of speech and expression.^{2 3 4 5} In addition to its statutory obligations, paragraphs 15 – 18 of the Code of Practice on Freedom of Speech set out the University’s approach to free speech and offensive speech.
37. The Equality Act 2010 says that a person harasses another if they engage in unwanted behaviour related to a relevant protected characteristic and the behaviour has the purpose or effect of:
    1. Violating the other person’s dignity, or
    2. Creating an intimidating, hostile, degrading, humiliating or offensive environment for that person
38. Unwanted behaviour will amount to harassment if it has such an effect even if that was not the intended purpose of the behaviour. In deciding whether behaviour has that effect, each of the following must be taken into account:
    1. The perception of the person
    2. The other circumstances of the case
    3. Whether it is reasonable for the behaviour to have that effect
39. Not all behaviour that is experienced as offensive will be unlawful harassment under the Equality Act 2021. For example, students’ learning experiences may include exposure to course material, or discussions of a speaker’s views that they find offensive or unacceptable, and this is unlikely to be considered harassment when balanced against the right to freedom of expression.⁶

Hate Crimes

40. Hate crimes’ and ‘hate incidents’ are terms to describe acts of violence or hostility directed at people because of who they are or who someone thinks they are. They are motivated by hostility or prejudice based on disability, race, religion, transgender identity, or sexual orientation.
41. Hate incidents, some examples include:
    1. Verbal abuse like name-calling and offensive jokes
    2. Discrimination
    3. Harassment
    4. Bullying or intimidation
    5. Physical attacks such as hitting, punching, pushing, spitting
    6. Threats of violence
    7. Hoax or abusive phone calls, including text messages or emails
    8. Online abuse, including social media platforms
    9. Displaying/circulating unlawfully discriminatory literature or posters
    10. Harm or damage to personal belongings
    11. Graffiti
    12. Arson
    13. Malicious complaints
42. When hate incidents become criminal offences they are known as hate crimes. A criminal offence is something that breaks the law. Some examples of hate crimes include:
    1. Assaults
    2. Criminal damage
    3. Harassment
    4. Murder
    5. Sexual assault
    6. Theft
    7. Fraud
    8. Burglary
    9. Hate mail
43. Racist, religious, homophobic, or transphobic hate crimes are particularly hurtful as a person is being targeted solely because of their personal identity.

Confidentiality

44. Students or staff who want information about their concerns to be kept confidential must make this clear to the person they confide in.
45. The member of staff to whom the student or staff member reports the incident must make the student/staff aware that:
    1. In some circumstances, it may not be possible for the information to remain confidential, for example where a criminal offence or safeguarding issue has been disclosed and investigation by a third party requires disclosure of information;
    2. Their request for confidentiality may make it difficult or impossible to investigate and resolve the issues.
46. It is possible for a student and staff member to report concerns about or on behalf of another student or staff member. Steps to protect the identity of the source of the information will be taken. While this can be requested it must be understood that this may impede or prevent investigation and resolution.

Reporting and Monitoring of Cases

47. The Director of Student Engagement will collate a record of all incidents reported, their progression and outcomes, maintaining confidentiality of people involved in the reported cases.
48. The Director of Student Engagement and HR Director will provide the University’s Executive Committee with an annual report of the cases, providing statistical information and proposing any enhancements.
49. It is the responsibility of ExCo to monitor the data and make further recommendations as required.
50. This annual report will be published on the University’s website.

Version History

Footnotes

1. ‘All students’ includes students/learners registered on undergraduate, postgraduate and apprenticeship degree programmes, and mobility courses at the University.
2. Education (No.2) Act 1986
3. Higher Education and Research Act 2017
4. Human Rights Act 1998
5. Counter-Terrorism and Security Act 2015
6. Article 10 of the European Convention on Human Rights. See our guidance: ‘Freedom of expression: a guide for higher education providers and students’ unions in England and Wales’ and ‘Freedom of expression: a guide for higher education providers and students’ unions in Scotland’