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Harassment & Sexual Misconduct

Introduction

  • Burnley College University Courses (BCUC) is committed to creating an environment that promotes equality, dignity and respect. BCUC is committed to preventing bullying, discrimination, harassment and sexual misconduct.
  • This webpage summarises the policies and procedures relating to student harassment and sexual misconduct. It provides a summary of our comprehensive Harassment and Sexual Misconduct policy; as required by the Office for Students, E6 condition of registration.
  • This policy applies to students enrolled on a higher education course that is taught by BCUC, including learners who attend short courses, study part-time and degree apprentices. It covers all Burnley College buildings on campus, relevant organised trips and events, online social platforms and incidents off-campus.
  • This policy relates to an incident or incidents of harassment and/or sexual misconduct which affect one or more students, including the conduct of staff towards students, and/or the conduct of students towards students and/or the conduct of students towards staff. It also extends to unwanted conduct from someone that a student has come into contact with as part of their studies, but who isn’t employed by the College (such as visitors or contractors).

Definitions

  • Section 26 of the Equality Act 2010 – harassment is defined as unwanted conduct related to a protected characteristic (such as age, disability, gender reassignment, race, religion, sex, sexual orientation, etc.) that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
  • When deciding if conduct is harassment, a person’s perception is taken into account, how they feel on the receiving end, as well as the surrounding circumstances and if its reasonable for the behaviour to have had that effect.
  • Section 1 of the Protection from Harassment Act 1997 – also defines harassment as repeated behaviour that causes alarm or distress to another person or a group, either intentionally or in a way that a reasonable person ought to know amounts to harassment.
  • Sexual misconduct: any unwanted or attempted unwanted conduct of a sexual nature including sexual harassment, sexual assault and rape. It often involves actions that disregard boundaries, exploit power dynamics, or undermine consent, and it may have legal implications beyond anti-discrimination laws leading to criminal convictions, especially in relation to incidents of sexual assault (Sexual Offences Act 2003). 
  • Sexual harassment: unwanted conduct of a sexual nature or that is related to sex or gender reassignment, that has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Less favourable treatment because of a person’s rejection of or failure to submit to such conduct, also constitutes sexual harassment. Sexual harassment is a form of sexual discrimination which contravenes the Equality Act 2010.
  • Includes, but is not limited to, circumstances where allegations or complaints are made to the provider about harassment and/or sexual misconduct, and the provider could reasonably be considered to have grounds for suspecting that harassment and or/sexual misconduct has taken place or is taking place.
  • Sharing information and a concern and/or incident(s), that does not necessarily initiate a formal reporting process.
  • Formally reporting a concern and/or incident(s), to be investigated under the relevant policies and procedures.
  • Any unwanted or attempted unwanted behaviour of a sexual nature. Persistent suggestions to meet up socially after a person has made it clear they do not welcome such suggestions. 
  • Discriminatory comments about someone’s appearance or dress, innuendos, or lewd comments including the use of disrespectful comments or jokes about a person’s disability, sex, ethnicity or religion. 
  • Gossip and speculation including about someone’s sexual orientation or transgender status and including the spreading of malicious rumours.
  • Trolling – sending or posting hurtful or controversial messages or comments, to cause emotional distress or provoke a reaction from others.
  • Bullying or intimidating behaviour that incites violence or hostility or prejudice towards a person due to a particular protected characteristic for example race or belief.

Reporting

  • If you or someone you know has experienced or witnessed an incident of concern, there are several ways you can share this information with us. It is your choice whether to formally report an incident and the way in which you’d prefer to do this.
  • You also have the option to share information anonymously and all disclosures will be taken seriously; however, please note that if you choose not to share any identifying information, this may limit the ability to conduct a thorough investigation and the actions that we can take. Any information that you share will help to inform work to prevent harassment and/or sexual misconduct – if you want us to take follow-up action in relation to a concern or incident, please consider submitting a report that includes personal details.
  • All information shared, whether as a disclosure or a formal report, will be handled sensitively and confidentially, in accordance with our Data Protection obligations. Where required, appropriate third parties may need to be informed; for example, the police, LADO (Local Authority Designated Officer) and/or the awarding university partner.
  • You can report harassment and/or sexual misconduct via this form.

You can disclose or report a concern to a member of our Safeguarding and Wellbeing Team:

Support

  • A wealth of support is available, internally and externally, to anyone who has experienced harassment and/or sexual misconduct; whether as a witness, the victim, the accused or someone supporting either party.
  • Support can be provided or arranged through the Safeguarding and Well Being Team:

By visiting the office in E1-15 in the main campus building

E-mailing [email protected]

Calling 01282 733710

You can also access the Wellness Hub via the Student Portal, available 24/7 with information signposting how to access support and self-help guidance, for general wellbeing.

  • The following is an inexhaustive list of services outside of College, that students and staff may find useful, in accessing further support:
  • The Samaritans – a charity that connects people with trained volunteers, who will listen and support. They have a 24/7 phone line available by calling 116 123.
  • Lancashire SAFE – sexual assault forensic examination centre, providing medical examinations and advice for anyone living in Lancashire, who makes a complaint of sexual assault or rape. Accessed directly or through referral if a report has been made to the police.
  • Refuge – supporting women and children against domestic violence.
  • National Stalking Helpline – run by the Suzy Lamplugh Trust, providing practical information, support and advice to victims of stalking and their friends and family. Available during opening hours by calling 0808 802 0300 or via e-mail.
  • Lancashire Women – a charity supporting women with a variety of concerns, across Lancashire. Support includes one-to-one counselling and group programmes and can be accessed directly or through a referral.
  • Victim Care Lancashire – funded by Lancashire’s Police and Crime Commissioner, to provide support, signposting and practical help to victims of (most) crimes.
  • The Cyber Helpline – providing support for victims of online harm, including online harassment and bullying and image abuse; as well as cybercrime and digital fraud. The service can be accessed via a self-help chatbot or helpline.
  • Academic support will be provided where needed, for any student who has experienced or witnessed an incident or concern. This may require submitting mitigating circumstances to help you to complete outstanding work. Please speak with a tutor or refer to the handbook, to guide you through this process.

Investigation

Upon receiving a report of harassment and/or sexual misconduct via any of the means above, the College will:

  • Promptly conduct a thorough and impartial investigation, which will include an opportunity for the accused person to respond. Please note that the time taken to investigate will depend on the amount of detail and the circumstances reported.
  • Consider how the reporting person wishes for the complaint to be resolved.
  • Respect the sensitivity of the contents of the report and the need to support all parties.
  • Both the reporting and accused parties may be accompanied by a representative during any meetings or hearings, relating to the investigation.
  • Protect the reporting person and any witnesses from ongoing harassment and/or retaliation.
  • Report the matter to the police and/or the LADO (Local Authority Designated Officer) if the complaint of harassment is a criminal offence, or considered a low-level concern, and may mean the harasser can no longer work or study in education.
  • Communicate outcomes to persons directly affected by the decisions made, in a timely manner.

It should be noted that any outcome or judgement by the College does not constitute a legal ruling as to whether criminal activity has taken place. Where required, appropriate third parties may be notified of the incident reported.

If we uphold a complaint we will deal with the matter in accordance with the relevant Disciplinary Policy, which may include a warning, additional training, reassignment, suspension or dismissal (exclusion). We may also need to refer the case to the LADO, the Police, or any other appropriate external body. For more information, please see the College’s Disciplinary Policy and the Safeguarding and Child Protection Policy, both of which can be found at Policies, Procedures and Public Value Statement – Burnley College.

If a thorough investigation deems a complaint cannot be upheld, we will explain why and explain the appeals process, which is in accordance with our Complaints Policy: Complaints Form and Policy. If a complaint relates to a member of staff, we will consider ways of improving the relationship and may, for example, suggest mediation or offer training.

Training

All staff and students are required to complete training during their induction period, on this policy and the broader issue of harassment and sexual misconduct, with refresher training provided annually. The training will ensure that all are aware of their rights and responsibilities and have a clear understanding of:

  • Consent and the behaviours with may constitute harassment and/or sexual misconduct, including the legal definitions and relatable examples
  • The College’s stance on staff-student relationships and that staff are confident in preventing and responding to concerns or incidents
  • How to disclose or report a concern and/or incident, and how to access support
  • When ongoing training will be delivered and where to find our harassment and/or sexual misconduct policy

All student-facing staff (including those likely to receive disclosures from students) are also required to undertake monthly training, covering the wide range of topics relating to safeguarding students.

We strongly encourage all staff and students to undertake the harassment and sexual misconduct training provided; however, we understand that some individuals may find the nature of the content to be triggering and difficult to engage with. Warnings regarding the sensitive nature of the training will be provided in advance, with instructions on how to raise concerns and/or access an alternative.

This policy will be communicated annually to staff and students, and will be available on the Burnley College website, student portal and in student handbooks.

Policies and Procedures

Policies, Procedures and Public Value Statement – Burnley College

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