Policies and guidance

The misuse or wrongful exercise of authority or influence by someone in a position of power, typically against those who are subordinate or dependant on them. This misuse can involve actions that are illegal, unethical or morally wrong and can manifest in various forms.

The Equality Act 2010 states that this involves having due regard to the need to remove or minimise disadvantages suffered by persons who share a relevant protected characteristic (see definition below); meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; and encourage persons who share a relevant protected characteristic to participate in public or in any other activity in which participation by such persons is disproportionately low.

An appointee is someone engaged by Birmingham Newman University such as a volunteer, honorary appointment, self-employed worker, agency worker or contractor.

This involves looking at your equality information and the outcomes of any engagement in order to understand the impact or potential impact of your decisions on people with different protected characteristics.

Bullying may be characterised as unwanted behaviour from a person or group that is either offensive, intimidating, malicious or insulting, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.

Complaints of discrimination, harassment, bullying and victimisation will be treated sensitively and confidentiality will be maintained to the maximum extent possible. Employers and employees have a common law general duty of care towards others who may be affected by their actions. The application of discretion in dealing with such matters is subject to the requirement that the discretion is exercised in accordance with the implied term of mutual trust and confidence. Investigation into allegations will normally require limited disclosure on a “need to know” basis. For example, your identity and the nature of the allegations should be revealed to the person you are complaining about, in order that they are able to respond to the allegations. Some details may also have to be given to potential witnesses but the importance of confidentiality will be emphasised to them. If the complaint is upheld, and a person who has been found to have harassed you is kept in the organisation’s employment, managers may need to be given some information where this is necessary for them to manage the risk of further harassment by that person against you. 

There may also be occasions where information needs to be shared if there is a safeguarding risk or a requirement of a professional body (for example: Fitness to Practise).

In general terms, a conflict of interest exists when an organisation or an individual has competing interests, which might impair its or their ability to make objective, unbiased decisions.

Consent is when everyone involved freely gives informed permission for something to happen and is comfortable with it happening. Consent is about setting and respecting boundaries and checking in regularly if things are not clear.

Key individual(s) within the University responsible for ensuring the safeguarding and protection of children and vulnerable adults. They are the first point of contact in the event of a Safeguarding concern or disclosure (see definition below). Please see the University’s Safeguarding Policy and Procedure for more information about the University’s Designated Safeguarding Officer(s) as well as contact information relating to the relevant Designated Safeguarding Officer(s).

By making a disclosure, you are telling an individual(s) within the University about your experience, either indicating that you do not want the University to take further action at this moment in time, or being aware that if you choose to disclose an incident(s) anonymously, the University may not be able to take action based on the information provided.  

Students can find more information about the disclosure routes available to you at the University here: Student Support page

Staff can find more information about the disclosure routes available to you here Staff Support page.

Please be aware that there may be occasions where you disclose something to an individual where they are unable to keep the information you have disclosed confidential. They may be obliged to inform the University’s Designated Safeguarding Officer for staff of a disclosure if: 

• You are under 18 / an ‘adult at risk’ (a defined within the University’s Safeguarding Policy and Procedure Safeguarding Policy) 

• If the disclosure involves or may impact an individual who is under the age of 18 / an ‘adult at risk’ (as defined within the University’s Safeguarding Policy and Procedure Safeguarding Policy) 

• If the individual who has received your disclosure suspects that you are at risk of causing harm to yourself or others 

In addition to this, in certain circumstances, the University may judge that action is required even if the person disclosing an incident(s) is not requesting any.

Discrimination is when someone is treated unfairly because of who they are or because of a protected characteristic such as age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership or pregnancy and maternity.  

Types of discrimination: 

• Direct discrimination: Treating someone less favourably because of who they are, especially if it’s because of a protected characteristic (see definition below). 

• Discrimination by perception: This is a form of direct discrimination, and is when someone thinks you have a characteristic and treats you less favourably, regardless of whether you actually have that characteristic. For example if someone mistakenly thinks you are part of a religious group and treats you less favourably because of this, it would still be discrimination, even though you aren’t in that religious group. 

• Discrimination by association: This is also a form of direct discrimination, and is when someone treats you less favourably because you have an association with someone else who has a protected characteristic. For example, if you are treated differently because you have family members with disabilities, this is still direct discrimination against you.  

• Indirect discrimination: When a provision, criteria or practice is applied in the same way for everyone, but this has the effect of putting people sharing a protected characteristic at a disadvantage. It doesn’t matter if there was no intention to disadvantage that group. What matters is whether that action does disadvantage that group in some way. An example of this could be a dress-code or rules on appearance which might indirectly discriminate against individuals or groups of a particular religion, belief or gender. 

Domestic abuse or violence involves any single incident or pattern of conduct where someone’s behaviour towards another is abusive, and where the people involved are aged 16 or over and are or have been personally connected to each other (regardless of gender or sexuality). The abuse can involve but is not limited to: psychological, physical, sexual, financial, emotional, violent, threatening, controlling, coercive behaviour.  

Personal connection means the individual concerned: are due to be, are currently or have been, married or civil partners to each other, are, or have been, in an intimate personal relationship with each other, are, or have been, parents (or have a parental relationship) to the same child, are relatives.

E6 is the short name for the new condition of registration imposed by the Office for Students to address sexual misconduct and harassment in higher education in England.

Any individual directly employed by the University and who has a contract of employment with the University. This includes atypical workers and casual workers

A process used to evaluate the potential effects of policies, practices and services on different groups of people, particularly those with protected characteristics under equality legislation.

The requirement to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act; advance equality of opportunity between people who share a protected characteristic and those who do not; and foster good relations between people who share a protected characteristic and those who do not.

Grooming can be defined as a gradual process that someone in a position of power uses to manipulate someone to do things they may not be comfortable with and to make them less likely to reject or report abusive behaviour. Grooming will initially start as befriending someone and making them feel special and may result in sexual abuse and/or exploitation.

‘Harassment’ has the meaning given in section 26 of the Equality Act 2010 . It is any behaviour that is unwanted and could reasonably be considered as violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them is potentially harassment. unwanted incident or conduct related to a protected characteristic which has the purpose or effect of:  

• violating a person’s dignity; or  

• creating an intimidating, hostile, degrading, humiliating or offensive environment for them. 

Some examples of harassment include but are not limited to: 

• The use of derogatory terms and offensive comments 

• Assault or other non-accidental physical contact, 

• Ostracising, ignoring and staring 

An impacted party: an individual who may, or may not, have reported the behaviour but who was directly impacted by it.

A relationship that involves one or more of the following elements: physical intimacy including isolated or repeated sexual activity; or romantic or emotional intimacy

Unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person.

By making a report, you are formally informing the University about your experience(s) with the purpose and/or intent of instigating action under one or more of the University’s relevant policies and procedures. 

There are several key policies under which a report can be made. These include but are not limited to: 

• Student Dignity at Study Policy and Procedure: Dignity at Study 

• Student Complaints Procedure: Student Complaints   

• Staff Dignity at Work Policy and Procedure: Staff Dignity at Work Policy 

• Grievance Policy and Procedure: Staff Grievance Policy 

• Prevention of Sexual Harassment and Sexual Misconduct Policy and Procedure: Prevention of Sexual Harassment & Misconduct Policy 

• External Complaints Procedure: Members of the Public Complaints Procedure – publicly accessible 

• Safeguarding Policy and Procedure: Safeguarding Policy 

• Whistleblowing Policy and Procedure: Public Interest Disclosure Procedure (‘Whistle blowing’ procedure) 

Please visit our homepage where you can find out more information about the reporting options available to staff, students and third parties. 

The person(s) against whom a report is filed for the attention of the University.

Any person who has in good faith and voluntarily submitted a report for the attention of the University.

Disclosures deemed to be a safeguarding disclosure may be referred to the University’s designated Safeguarding Officer(s). The University’s Safeguarding Policy and Procedure defines a Safeguarding disclosure to be: 

• If the disclosure is made by an individual under the age of 18 and/or an individual who is an ‘adult at risk’ (please refer to the University’s Safeguarding Policy and Procedure for a definition of ‘adult at risk’  

• • If the disclosure involves or may impact an individual who is under the age of 18 and/or an individual who is an ‘adult at risk’ (please refer to the University’s Safeguarding Policy and Procedure for a definition of ‘adult at risk’,  

• • If the University suspects that the individual making the disclosure is at risk of causing harm to themselves and/or others. 

Please see the University’s Safeguarding Policy for further information relating to  Safeguarding allegations and/or disclosures.

Intentional, non-consensual touching of a sexual nature. This includes but is not limited to: unwanted touching or intimate body parts, even under clothing, forcing someone to engage in sexual activity against their will and any other unwanted sexual conduct or behaviour.

Unwanted behaviour of a sexual nature that violates someone’s dignity or creates an intimidating, hostile, degrading or offensive environment. It also includes less favourable treatment due to rejecting or submitting to such conduct.

Sexual misconduct (as defined by the Office for Students: Harassment and Sexual  Misconduct Condition E6) means any unwanted or attempted unwanted conduct of a sexual nature and includes, but is not limited to:

1. sexual harassment;

2. sexual assault; and

   iii.     rape. i.e. sex without consent, as defined within the Sexual Offences Act 2003

Sexual misconduct can take many forms, but the important thing is that it is any sexual behaviour which disregards a person’s informed consent. It covers behaviour by an individual or a group which violates a person’s dignity and creates an intimidating, hostile, degrading, humiliating or offensive environment. It can be a single incident, or a string of persistent behaviour. You don’t need to have objected to a certain kind of behaviour in the past for it to be unwanted and constitute sexual misconduct.  Examples of sexual misconduct can include, but is not limited to:

• Unwanted sexual advances
• Unwanted sexual contact
• Sex without consent
• propositions and sexual advances
• making promises in return for sexual favours
• Making unwanted sexual comments or degrading remarks
• Sending unwanted emails/texts/images of a sexual nature
• sending sexually explicit emails or text messages
• sexual posts or contact on social media
• Recording or sharing, or threatening to share intimate images of you
• Any attempt to persuade or coerce you to consent to anything sexual
• Sexual comments or jokes
• Displaying sexually graphic pictures, posters or photographs
• Suggestive looks, staring or leering, sexual gestures including showing sexual organs to another person
• Intrusive questions about a person’s private or sex life or a person discussing their own sex life
• Spreading sexual rumours about a person
• Recording and/or sharing intimate images or recordings of another person without their consent
• Unwelcome touching, hugging, massaging or kissing
• Repeatedly following an individual

Anyone can be targeted by sexual misconduct, regardless of gender or sexuality. It does not matter if you have previously consented to sexual acts with that person, or with others. Whatever the circumstances, nobody has the right to force you to have sex or touch you without your consent. If this happens to you, it’s important to remember it’s not your fault.  

You may have also heard or seen the terms ‘sexual assault’, ‘sexual violence’ or ‘sexual harassment’. These all have seperate bu overlapping meanings, and of there is a term which feels most appropriate to you to describe what you have experienced, we encourage you to use whatever language feels best for you.  

If you have experienced any form of sexual misconduct, you are not alone and we are here to support you. There is further information about the support available to you via the University and national and local services here: Support Options.

A trained professional who provides support to individuals who have experienced sexual violence or misconduct. The University has Sexual Violence Liaison Officers available to support students. For more information please click here.

The webpages that contain information and resources about how the university handles sexual misconduct and harassment, available here: Homepage.

Giving someone alcohol or drugs without them knowing or agreeing, for example, in their drink or with a needle.

A course of conduct that causes another person to fear violence or experience serious alarm or distress. This conduct must involve actions such as following, contacting, monitoring online activity, or watching and spying. It must occur on at least two occasions.

Any individual enrolled on a Birmingham Newman University accredited programme of study with the University. This includes full time study, part time study and study at a franchise or partner organisation.

A third party is an individual who is associated with the work and/or activity of the University, however, may not be directly employed by the University. This includes, but is not limited to: Franchise partners, partner schools and/or organisations, customers of the University, visitors of the University, volunteers at the University and those completing work experience placements at the University.

Examples of unacceptable behaviour include (but are not limited to) the following:

• Harassment
• Bullying
• Victimisation
• Physical or psychological threats
• Upskirting (the action or practice of taking photographs or videos up an individual’s skirt or dress without their consent, typically for the purpose of sexual gratification)
• Overbearing and intimidating levels of supervision.
• “Grooming” behaviour, for example making someone feel special by buying them gifts, for example, then gradually manipulating them to carry out duties outside of their normal remit, or which are in breach of University policy.
• Unwanted physical contact, including touching, pinching, pushing, grabbing, invading their personal space and more serious forms of physical or sexual assault. This physical contact may be over or under clothing.
• Making offensive jokes or derogatory or stereotypical remarks, or mocking, mimicking or belittling a person’s protected characteristic, see para. 3.2
• Outing or threatening to out someone as gay, lesbian, bisexual or trans
• Speculating or gossiping about someone’s perceived sexuality or gender identity, refusing to use someone’s preferred gendered pronoun (e.g. using ‘he’ to refer to a trans woman) or continuing to use their former name (‘dead naming’).
• Overtly or covertly recording colleagues in order to gather evidence that may be used against them.

An incident involving unwanted behaviour of a non-sexual nature e.g., harassment, bullying, victimisation, grooming, stalking or abuse of power.

An unwanted incident of a sexual nature. This includes but is not limited to: sexual harassment, sexual misconduct, spiking, rape, sexual assault, grooming and domestic abuse / violence.

Treating someone less favourably because they have made a claim or complaint of discrimination, or helped someone else to make a complaint (under the Equality Act), or made a disclosure (whistleblowing) under the Public Interest Disclosure Act 1998, or in either case the affected person is believed to have made or helped make, or is believed that they may make or help make a complaint or disclosure.

Examples of victimisation include:

• Being labelled a troublemaker
• Being left out
• Not being allowed to do something

The act of an individual raising a genuine concern on the delivery of the University’s services, which may include malpractice or wrongdoing in connection to the University or individual(s). Concerns may relate to: someone’s health, safety and wellbeing, damage to the environment, criminal activity, fraud or financial irregularities, contravention of the Bribery Act 2010, nepotism, conflict of interests, failure to comply with legal duty and statutory instruments, miscarriage of justice, corruption or blackmail.