Sexual Misconduct
Sexual misconduct defines a broad range of unwanted conduct of a sexual nature. It may involve physical, verbal or written conduct. It can be carried out, attempted or threatened in person or online, or by an individual or a group. The perpetrator may be known to the person being abused or a stranger.
Sexual misconduct is carried out without the other person’s consent and may raise issues around abuse of power or position, as well as preventing equal access to education, opportunities, and career progression.
Any concern or report of alleged sexual misconduct will be taken seriously by the Academy. If reported, an allegation will always be reviewed in line with policy and/or regulation to determine whether and investigation and disciplinary process should be carried out.
Sexual misconduct may also constitute a criminal offence, please see below for further information.
Sexual Harassment
Sexual harassment is unlawful discrimination under the Equality Act 2010, which says that someone sexually harasses another person if they:
- Engage in unwanted conduct of a sexual nature and
- The conduct has the purpose or effect of violating the other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
This unwanted sexual conduct can happen in person, online, by phone or social media.
Sexual harassment includes a range or behaviours, which may be explicit or more subtle, and can occur as a one-off incident or over a period of time.
Behaviours that may constitute sexual harassment include, but are not limited to:
- Sexual comments, gesturing, making noises, making sexual remarks about someone’s body, appearance or clothing, sexual innuendos, suggestive comments or looks, leering or staring
- Making unwanted sexual advances or flirting, making requests for sexual activity or asking for sexual favours, promising something in return for sexual acts
- Asking intrusive questions about a person’s private or sex life, discussing their own sex life which is unwanted, spreading rumours or information about someone else’s sex life
- Displaying, sending, sharing or showing pornographic material or sexual images in person or via email, text or social media, or requesting explicit images are shared by another person
- Up skirting: taking a photo or video under another person’s clothing
- Unwanted physical contact of a sexual nature, touching without their consent including hugging, kissing, massaging, or brushing up against someone
- Stalking
- Indecent exposure: deliberately revealing genitalia to another in order to frighten or upset
Some of these behaviours may also be a criminal offence.
When is sexual misconduct a criminal offence?
Sexual misconduct is a term used to describe a range of behaviours of a sexual nature and may also include behaviours that may also be crimes including rape and sexual assault.
Therefore, it’s important to consider whether you want to make a report to the police at the earliest opportunity. We understand that this may feel daunting. Our priority is to ensure that you have the support and information that you need to decide what is right for you. You can find links to further advice through our guides or reach out for advice.
If alleged sexual misconduct involves another student or staff member, submitting a request for support will be treated sensitively and we'll discuss the options with you.
You can access further information through the following support articles:
Accessing specialist sexual advice and support