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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 BCUC Students including learners who attend short courses, study part-time and degree apprentices. It 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.

Definitions

Harassment

Harassment – section 26 of the Equality Act 2010 and section 1 of the Protection from Harassment Act 1997
Harassment is defined as unwanted conduct related to a protected characteristic (such as age, disability, gender reassignment, race, religion, sex, sexual orientation, etc.) that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Sexual Misconduct

Sexual Misconduct: sexual harassment, sexual assault, rape
Sexual harassment: unwanted conduct of a sexual nature related to a relevant protected characteristic1 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 which is related to sex or gender reassignment, and which occurs because of a rejection of, or dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Less favourable treatment which is related to sex or gender reassignment, and which occurs because of a rejection of, or submission to, sexual conduct, also constitutes sexual harassment. Sexual harassment is a form of sexual discrimination which contravenes the Equality Act 2010.
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).

Incident

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.

Disclosure

Sharing information and a concern and/or incident(s), that does not necessarily initiate a formal reporting process.

Report

Formally reporting a concern and/or incident(s), to be investigated under the relevant policies and procedures.

Examples of harassment and/or sexual misconduct

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 nasty or controversial messages or comments to make people angry and start fights online.
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.

Immediate risk of harm

If you feel you are at immediate risk of harm, in an emergency you are advised to call 999
Urgent and emergency care services – NHS

Online Reporting

You can report harassment and/or sexual misconduct via this form.

Log a complaint

You can make a formal complaint via the Complaints Policy and Procedure.

Safeguarding and Wellbeing Team

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

By visiting the office in E1-15 in the main campus building
E-mailing [email protected]
Calling 01282 733710

Support

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

E-mailing [email protected]

Calling 01282 733710

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. However, the time it will take to thoroughly investigate will depend on the level of detail and circumstances being reported. The individual accused will also have an opportunity to respond to the allegations and both parties may be accompanied by a representative during any meetings or hearings related to the investigation.
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.
Protect the reporting person and any witnesses from ongoing harassment or being victimised both during and after an investigation
Report the matter to the police/the LADO 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 the reporting person 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 and may 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 College’s Safeguarding and Child Protection Policy, both of which can be found at www.burnley.ac.uk.

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. 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

The College will provide annual training to both staff and students on this policy and the broader issue of harassment and sexual misconduct to ensure:

A. Employees are aware of their rights and responsibilities.

B. Students are aware of their rights and responsibilities.

This training will also cover the steps the College is taking to prevent harassment and/or sexual misconduct and the importance of a respectful workplace culture.

Policies and Procedures

Policies, Procedures and Public Value Statement – Burnley College

Harassment & Sexual Misconduct

Introduction

Definitions

Reporting

Support

Investigation

Training

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