Sexual Misconduct Policy

Introduction

Purpose

1. Northeastern University London (the University) is committed to providing a safe learning and working environment for all students and staff. There is no place at the University for sexual misconduct.
2. The University shares the Office for Students’ aim to “ensure that every student, whatever their background, has a fulfilling experience of higher education that enriches their lives and careers. This should mean that students can study without facing harassment or sexual misconduct.”^[1] Furthermore, , we believe this applies to our staff whilst they engage in the same environment as their workplace.
3. To support the above commitment, this Policy is outlining a clear sexual misconduct response framework for our students and staff. This is in recognition of the negative impact that sexual misconduct can have on a person’s mental health, physical health, educational experience, career progression and experience at work.
4. The framework outlined in this Policy aims to increase access to available support resources, embed mandatory reporting (where applicable) and increase awareness of wider University processes for further potential action to be taken.

Scope

5. This Policy covers sexual misconduct only. Other elements of unacceptable behaviour are managed through other University policies and procedures. These include:5
   1. Declaration of a Criminal Conviction Risk Assessment Procedure
   2. Discrimination, Bullying and Harassment Policy
   3. Modern Slavery Policy
   4. Disciplinary Procedure for Students
   5. Disciplinary Procedure for Staff
6. This Policy applies to all students and staff who are experiencing, or have experienced, sexual misconduct during their time at the University.
7. Visitors to the University should refer to the Visitor Policy.
8. This Policy applies to students undertaking work connected to their programme of study or with the University (for example a placement or apprenticeship programme). Such students are encouraged to also contact Careers and/or the Business Development Team to provide more focused and swifter support.
9. Students who experience or are experiencing sexual misconduct in the workplace, during full/part-time employment or volunteering, should refer to the relevant policies at their place of work. Support could be available in your workplace. University support services are however available to you by contacting Student Support and Development.
10. Any matter received that is considered to be frivolous (unfounded or trivial) or malicious/vindictive may be subject to disciplinary action.
11. Any list contained in this Policy is only indicative and not exhaustive, unless stated otherwise.

Definitions

12. A student is defined as an individual holding a student status on the University’s student record system. This includes individuals registered on undergraduate, postgraduate, apprenticeship degree programmes, and mobility courses at the University.
13. A staff member is defined as an individual engaging in work at the University, for the purposes of this Policy. This applies to any employee holding any valid and active contract of employment with the University; any worker with a valid and active engagement agreement with the University (such as an agency worker or contractor). It also includes student employees (such as student ambassadors and student research assistants).
14. Mandatory Reporters are staff members (defined above) who are required to submit a mandatory report to the University.

Anonymity and Consent for Further Action

15. Anonymous reports can be received via Report and Support. This is an option available to parties who are self disclosing or to students who are reporting a disclosure made to them by a third-party.
16. Information submitted anonymously does help the University to understand the experience of our staff and students. They provide information on the range, frequency and sometimes location of incidents.  There may be patterns of incidents that emerge that provide real insight into the nature of proactive work that may be required. There is always an option to change an anonymous report to a report with contact details.
17. It is important to reiterate that the University is limited on what steps can be taken on anonymous reports (if any). The information provided is always recorded. However, the ability for support and/or for an investigation are likely to be impeded with no individual to contact. Where anonymous reports are submitted, it may still be possible for an anonymous reporter to be identified based on the nature/details of the report.
18. The University reserves the right to pursue anonymous reports where the information indicates a need to do so and if there is sufficient detail. Such an occurrence is rare and only where there is an urgent and legal basis to do so. A typical example where this may occur is for incidents of a safeguarding nature (involving someone under the age of 18) and other similar legal requirements.
19. A report may be submitted for the purpose of only seeking support and not for any further action to be taken. This choice will be respected as fully as possible.
20. The University reserves the right to take further action independently in circumstances where the information indicates a need to do so and there is sufficient detail to do so. Such an occurrence is rare and only where there is an urgent and legal basis to do so. A typical example where this may occur is for incidents of a safeguarding nature (involving someone under the age of 18) and other similar legal requirements.

Framework Overview

21. This Policy puts in place the following University framework for responding to sexual misconduct matters:
    1. A University definition on sexual misconduct (including guidance on consent and key terms)
    2. Self-disclosure mechanism (reporting experience directly)
    3. Mandatory Reporting Requirement for Staff
    4. Mechanism for disclosure/s made by a third party (for students)
    5. Our support agreement
    6. Taking further action
    7. Monitoring and oversight
22. The University recognises that discussing experiences of this nature can be incredibly personal and distressing. It is the University’s objective to ensure that any individual experiencing sexual misconduct, or reporting on it, is supported and their wishes and boundaries are respected, as far as possible, on how their information is processed. This Policy aims to provide clarity and empower users.

Sexual Misconduct Definition

23. Sexual misconduct is defined as:
    1. Any act of violence or harassment of a sexual nature, and/or
    2. Any kind of unwanted, non-consensual sexual touching / harassment (within or outside a relationship)
24. Further details regarding the sexual misconduct definition can be located in Annex A, below.
25. Guidance on consent and key terms relating to sexual misconduct is located in Annex B, below.

Self Disclosure Mechanism

26. Self-disclosure is where you describe your own experience directly. Disclosing your circumstances and detailing events of this nature is very personal and can be distressing. The University will always respect individual wishes and personal boundaries, as far as possible.
27. The University has an online platform where both students and staff can self-disclose their experience/s that could constitute sexual misconduct. This service is called Report and Support.
28. Students and staff are strongly encouraged to disclose their personal experiences directly. This can have an array of positive benefits. Examples include ensuring information being recorded is accurate to providing tailored support at the earliest opportunity.
29. A self-disclosure can be made by confirming your contact details or submitted anonymously. It is a personal choice on whether contact details are provided or not.
30. When a disclosure is received through Report and Support, the following steps will take place:
    1. You will have the opportunity to describe your experience/s in your own words;
    2. Support will be offered to you based on the circumstances you describe, where contact details are provided (see ‘Our Support Commitment’ for further information);
    3. You can consent for your information to also be shared/used by other University services (see ‘Taking Further Action’ for further information).
31. It is acknowledged that you may wish to make your self-disclosure in-person or via alternative mediums, for example due to reasonable adjustments. In such circumstances, please contact Student Support and Development (if you are a student) or Human Resources (if you are a member of staff) who can assist and support you with your self-disclosure.
32. Anonymous self-disclosures, or requests for support to be provided only, can be submitted. See ‘Anonymity and Consent for Further Action’ above for further details.

Mandatory Reporting Requirement for Staff

33. The University is committed to supporting all students and staff that may have experienced, or are experiencing, behaviours that may constitute sexual misconduct. To fulfil this commitment, the University is introducing a mandatory reporting requirement for all staff.
34. Mandatory reporting is where a staff member is required to:
    1. Submit a report on a non-anonymous basis;
    2. In a timely manner;
    3. That describes any information relating to an incident that may constitute sexual misconduct; and
    4. Which concerns a student and/or member of staff.
35. The University has an online service where staff can submit their mandatory and named report. This service is called Report and Support.
36. When a mandatory report is submitted through Report and Support, the following steps will take place:
    1. You will have the opportunity to describe what was disclosed to you, or witnessed, in your own words, including confirming the names of any third parties involved;
    2. Support will be offered to you and the named third parties based on the circumstances you have described, where contact details can be reasonably located (see ‘Our Support Commitment’ for further information);
    3. The Report Response Team will contact third parties separately. This can include advising on support and awareness of other University services (see ‘Taking Further Action’ for further information).
37. A mandatory report is required regardless of the location of the disclosure being received/made to a Mandatory Reporter. Whether occurring on or off campus. Examples include bars, nightclubs, within the home or extra/co-curricular activities.
38. It is the University’s expectation that mandatory reports are submitted as soon as possible, normally within 24 hours. It is the University’s view that the longer a report is delayed, the more difficult it is for those affected to receive support and for the University to potentially investigate.
39. Mandatory Reporters are required to comply with the University’s mandatory reporting requirement from the 1 September 2024. It is not intended for this to have a retrospective effect, but staff can choose to submit reports regarding any disclosure made that would qualify as a mandatory report prior to the 1 September 2024.
40. It is acknowledged that you may require support to submit a mandatory report. If you require support,  please contact Student Support and Development (for student related disclosures) or Human Resources (for staff related disclosures).
41. No disclosure that could constitute sexual misconduct can remain confidential when made to a Mandatory Reporter. If an individual wishes to discuss options with a member of staff relating to sexual misconduct, but without disclosing a specific incident/experience, they can contact the Safe Space Team. You can contact them by emailing: safe.space@nulondon.ac.uk.
42. A trained member of staff from the Safe Space Team will liaise and provide guidance and support. A record of the contact, nature of correspondence and guidance of support provided will be maintained by the University. This is for the purpose of monitoring and oversight.
43. Where an incident is subsequently disclosed to the Safe Space Team then a mandatory report will be made.
44. Any Mandatory Reporter who is found to have knowingly failed to make a mandatory report is in breach of University Policy and may be subject to disciplinary action.

Third Party Disclosure Mechanism (for students)

45. This section applies to all students who wish to report information concerning third parties, i.e. information disclosed to them or witnessed concerning other staff/student(s).
46. The University has an online service where students can record any disclosure made to them by a third-party (staff and/or student) or witnesses an incident that may constitute sexual misconduct. This service is called Report and Support.
47. When a report is submitted through Report and Support, the following steps will take place:
    1. You will have the opportunity to describe what was disclosed to you, or witnessed, in your own words, including any names of third parties involved;
    2. Support will be offered to you and named third parties based on the circumstances you have described, where contact details can be reasonably located (see ‘Our Support Commitment’ for further information);
    3. The Report Response Team will contact third parties separately. This can include advising on support and awareness of other University services (see ‘Taking Further Action’ for further information).
48. It is acknowledged that you may require support in submitting a report. Please contact Student Support and Development who can assist and support you.
49. No disclosure that could constitute sexual misconduct can remain confidential when made to a Mandatory Reporter. If an individual wishes to discuss options with a member of staff relating to sexual misconduct, but without disclosing a specific incident/experience, they can contact the Safe Space Team. You can contact them by emailing: safe.space@nulondon.ac.uk.
50. Anonymous reports can be submitted. See ‘Anonymity and Consent for Further Action’ above for further details.

Our Support Commitment

51. Students and staff who have experienced, or are experiencing, incidents of sexual misconduct, harassment, assault or violence, will be supported by a Sexual Violence Liaison Officer (SVLO). This applies to all reports received by Report and Support.
52. SVLO contact will take place after the receipt of a report to Report and Support and where appropriate contact details are provided.
53. A SVLO is a professional member of staff who has been trained specifically to support students and/or staff who have been victims of sexual harassment, abuse, assault or violence. This includes sexual misconduct and sexual harassment. The University has a team of SVLOs who are responsible for providing the support. An opportunity to select a preference for a female or male SVLO may be able to be provided. The SVLO allocated will then proceed in supporting the student or member of staff, providing advice and support on external resources and internal procedures.
54. If the report is submitted anonymously, the SVLO team will not be able to provide support. Students and staff are strongly recommended to provide their name and email address so support can be provided.
55. All interactions between the SVLO and students or members of staff will be treated confidential. However, it must be noted that if the SVLO has serious concerns about the well-being of the student or member of staff, such as risk of harm to themselves, some level of confidentiality will need to be breached if emergency services are required or next of kin contacted.
56. Wider support services (internal or external) will offer guidance and support to other parties, who have not directly experienced incidents within the remit of SVLO.
57. Annex C contains a list of internal and external contact details for support services.

Taking Further Action

58. Applicable parties will receive support and guidance about further options available to them, beyond the receipt of University support. This may include referring to:
    1. Disciplinary Procedure for Students
    2. Disciplinary/Grievance Procedure for Staff and/or
    3. The Police
59. Applicable parties will have the choice for their information/report to be forwarded to other University services for consideration. Individual wishes will be respected as fully as possible. An individual can choose to select further action at any point, not just at the point of the initial report submission. Any action taken will be in accordance with the respective policy/procedures applicable.
60. To limit the requirement for duplication of information, the report submitted via Report and Support will be used initially by wider services where additional action is requested.
61. This Policy does not limit or restrict any individual from engaging with other services directly.
62. Further details about consenting for further action see ‘Anonymity and Consent for Further Action’ above.

Monitoring and Oversight

63. Any data collected and used for reporting purposes, will be anonymised, ensuring that the student or member of staff is not identifiable.
64. All data will be securely stored, in compliance with GDPR and the University’s data protection frameworks.
65. The Director of Student Engagement and HR Director will jointly provide the University’s Executive Committee (ExCo) and Northeastern London Board of Governors an annual report, providing statistical information and proposing any enhancements. This report will be for noting and discussion. It is the responsibility of ExCo to monitor the data and make further recommendations as required.
66. The annual report will be published on the University’s website.

Version History

Annex A: Sexual Misconduct Definition and Further Information

1. Sexual Misconduct is defined as:
   1. Any act of violence or harassment of a sexual nature, and/or
   2. Any kind of unwanted, non-consensual sexual touching / harassment (within or outside a relationship)
2. Examples of sexual misconduct include but are not limited to: Grooming; Coercion; the promising of a reward for sexual access and sexual demands or threats; sexually explicit remarks; innuendos or banter; sexual insults, jokes, teasing or songs; wolf whistling, cat calling or making other offensive sexual noises; offensive comments about someone’s dress, appearance, or private life, including their sexuality or gender identity; unwanted or inappropriate physical contact including touching, pinching, groping or smacking; unwanted requests to engage in or discuss sexual activity; lifting or removing clothing; stalking; using humour to cover or deflect where sexual misconduct has occurred; to display or distribution of pornographic or sexually explicit material.
3. The University will review reports and/or allegations of sexual misconduct as potential breaches of University policy and procedure, not of UK law.
4. Acts may also constitute serious criminal offences. If reported to the Police they may be investigated and result in a prosecution by the Crown Prosecution Service. Offences considered under the criminal justice process include but are not limited to:
   1. Assault (as defined by the Sexual Offences Act 2003)
   2. Rape (as defined by the Sexual Offences Act 2003)
   3. Intimidation, or promising resources or benefits in return for sexual favours (as set out in the Equality and Human Rights Commission: Sexual Harassment and the law, 2017)
   4. Distributing private and explicit images or video footage of an individual without their consent (as defined by the Criminal Justice and Courts Act 2015)

Sexual Harassment

5. A type of harassment includes sexual harassment, which is a form of sexual misconduct. For full details regarding harassment more broadly and other types of harassment see the Discrimination, Bullying and Harassment Policy.
6. Sexual Harassment is understood to be unwanted behaviour of a sexual nature which violates an individual’s dignity and/or creates an intimidating, hostile, degrading, humiliating or offensive environment. It can be intentional or unintentional.
7. Examples of sexual harassment include but are not limited to: sexual comments, jokes or name calling; sharing with University members graphic pictures, posters or photos of a sexual nature; suggestive looks, staring or leering; propositions and sexual advances; making promises in return for sexual favours; sexual gestures; intrusive questions about a person’s private or sex life, and discussing your own sex life; sexual posts or contact on social media; spreading sexual rumours about a person; sending sexually explicit emails or text messages; unwelcome touching, hugging, massaging or kissing; criminal behaviour, including sexual assault, stalking, grooming, indecent exposure and sending offensive communications; and coercion.
8. The University will review reports and/or allegations of sexual harassment as potential breaches of University policy and procedure, not UK law.
9. Acts may also constitute serious criminal offences. If reported to the Police, they may be investigated and result in a prosecution by the Crown Prosecution Service. Offences considered under the criminal justice process include but are not limited to:
   1. Sexual harassment (as defined by Section 26 (2) of the Equality Act 2010)
   2. It is also unlawful to treat someone less favourably because they have either submitted a report of sexual harassment or have rejected such behaviour.

Annex B: Consent and Key Terms Guidance

1. The following information provides guidance to users and decision makers when considering key terms in conjunction with University policies/procedures.

What is Consent?

2. Consent is a key component under consideration for most serious sexual criminal offences. If reported to the Police, this may be investigated and result in a prosecution by the Crown Prosecution Service. In such circumstances, consent can be understood as, but is not limited to:
   1. A person consents if [s]he agrees by choice, and has the freedom and capacity to make that choice (as defined by section 74 of the Sexual Offences Act 2003)
3. The University will take into account the following three questions when required to determine whether consent was present for allegations of a sexual misconduct:
   1. Was the consent given voluntarily?
   2. Did an approving agreement (by word and/or action) to engage in sexual activity with another, occur?
   3. Would the agreement (either by word or action) being considered demonstrate to a reasonable person that they wanted to participate in sexual activity?
4. All three questions must be satisfactorily met with a ‘yes’ to reasonably indicate the presence of consent for sexual activity.
5. When considering 3.1 to 3.3 above, the University will take into account the following when determining the presence of consent:
   1. A person’s initiation of a sexual act constitutes consent to that act, but not necessarily to subsequent acts. Consent to sexual activity may be withdrawn at any time. Did this occur?
   2. Did sexual activity cease when consent was withdrawn?
   3. Was incapacitation present, such as drugs/alcohol or illness?
   4. A person who has consumed alcohol and/or drugs still has a responsibility to obtain consent for any sexual activity with another/others. Being impaired by alcohol or other drugs is no excuse for not complying with this Policy. Did this occur?
   5. Consent must be freely given, without physical force, threats, intimidating behaviour, duress, or coercion. Was any present?
   6. Silence, a lack of resistance, previous sexual relationships or experiences and/or a current relationship may not, in itself, constitute consent. What are the circumstances?
   7. Each participant may be an initiator at different points of sexual activity, but consent is required for each sexual act. Did this occur?
   8. If confusion or ambiguity arises during sexual activity, participants are encouraged to stop and clarify a mutual willingness to continue that activity. Did this occur?
   9. Is someone unconscious or asleep?
   10. Is someone of the legal capacity to consent?

Incapacitation and Consent

6. A person may be incapacitated as a result of the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. A person who is incapacitated is unable, temporarily or permanently, to give consent to sexual activity
7. Incapacitation can manifest differently from person to person. It should be evaluated on the basis of how the alcohol/drugs have affected the individual. Signs could include any (singularly or collectively) of the following:
   1. Confusion, lack of understanding and/or slurred speech
   2. Disorientation to place, time and/or location
   3. Vomiting
   4. Incontinence and/or
   5. Unconsciousness
8. A person who is incapacitated may not be able to understand some, or all, of the following questions:
   1. “Do you know where you are?”
   2. “Do you know how you got here?”
   3. “Do you know what is happening?”
   4. “Do you know who you are with?
9. Two important points to consider when considering incapacitation:
   1. Did the person initiating sexual activity know that the recipient was incapacitated?
   2. If not, would a reasonable person in the same situation have known that the recipient was incapacitated?
   3. If the answer to either of these questions is “yes,” it is reasonable to conclude that consent was absent due to incapacitation.

Coercion and Consent

10. A person subject to coercion is unable to give consent to sexual activity. In evaluating whether coercion was used, the University will consider:
    1. The frequency of the application of the pressure, including severe and/or pervasive intimidation, manipulation, threats, and blackmail, which causes a person to engage in unwelcome sexual activity
    2. The intensity of the pressure
    3. The degree of isolation of the person being pressured and
    4. The duration of the pressure

Sexual Harassment Considerations

11. Sexual interaction that is invited, mutual and consensual is not sexual harassment because it is not unwanted. A single act is sufficient to be considered as sexual harassment.
12. In some circumstances, relatively modest advances (e.g. flirting) may not amount to harassment under the definition above, as such conduct may not meet the level of severity implied by the definition but may be considered under a different misconduct category, see student or staff disciplinary procedures for other misconduct categories.
13. An individual can experience sexual harassment from someone of the same or different sex, and the recipient of the behaviour decides whether or not it is unwanted. Sexual conduct that has been welcomed in the past does not mean it is welcomed again or in the present. It should be noted that invited, mutual and consensual activity in the past does not necessarily become harassment solely because that invitation is now withdrawn. Any further activity being experienced might therefore be categorised differently but with due regard to context.

Annex C: Support Contact Details

Table 1 (below) outlines internal support contact details:

Table 1

Table 2 (below) outlines key external support contact details:

Table 2

Footnotes

1. Office for Students, ‘Consultation on a new approach to regulating harassment and sexual misconduct in English higher education’, at page 6.