Harassment and sexual misconduct

The information on this page can also be found in the following policies and procedures for students:

• The Prevention of Harassment and Sexual Misconduct Policy for Students
• The Student Misconduct and Disciplinary Policy and Student Disciplinary Procedure
• RCA Student Complaints Policy

These policies can also be found on these web pages:

• Student policies, procedures and regulations
• Previous versions of student policies, processes and regulations

• The Prevention of Harassment and Sexual Misconduct Policy for Staff
• Personal Relationships Policy for Staff
• Dignity at Work (anti-bullying, harassment & victimisation) Policy
• Staff Disciplinary Policy

Harassment is defined in the Equality Act (2010) as any unwanted conduct (including of a sexual nature) related to someone’s relevant protected characteristic, which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment towards that person. Relevant protected characteristics refer to a person’s gender, sexual orientation, race, religion or belief, disability, marriage and civil partnership, pregnancy and maternity/paternity, or age.

In deciding whether conduct has the effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment towards that person, it is necessary to take into account: the perception of the person who is at the receiving end of the conduct; the other circumstances of the case; and whether it is reasonable for the conduct to have that effect.

Harassment is also defined in the Protection from Harassment Act (1997) as a course of conduct which alarms another person or causes them distress. This does not need to be related to a protected characteristic. If the harassment is towards one person, the conduct needs to happen on at least two occasions. If the harassment involves two or more individuals, there must be at least one incident of harassment in relation to each of those people.

Sexual misconduct is any unwanted and unpermitted sexual activity including sexual harassment and sexual violence. The conduct must have the purpose or effect of either 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, on the phone, by text or email, or online. The conduct can happen within or outside a sexual or romantic relationship, without consent (Consent is defined in the next section).

Sexual misconduct includes (but is not limited to) the following:

• sexual intercourse, or engaging in a sexual act
• attempting to engage in sexual intercourse or engaging in a sexual act
• sharing private sexual materials of another person
• kissing
• touching inappropriately through clothes without consent
• inappropriately showing sexual organs to another person.

Sexual harassment includes a wide range of behaviours, including but not limited to the following:

• sexual comments, suggestive comments or jokes, which may be referred to as “banter” including where the intent is claimed to be humorous
• displaying sexually graphic pictures, posters or photos (in the context of the RCA, this does not refer to academic or artistic work involving sexual content, provided it is appropriately contextualised and does not target or harass others)
• suggestive looks, staring or leering
• propositions, sexual advances or asking for sexual favours
• making promises in return for sexual favours
• commenting on someone's body, appearance or what they’re wearing
• sexual gestures
• intrusive questions about a person’s private or sex life or a person discussing their own sex life
• sexual posts or contact in online communications, including on social media
• sending sexually explicit emails, text messages or messages via other social media
• spreading sexual rumours about a person
• repeatedly contacting or following another person without good reason (stalking)
• indecent exposure
• upskirting (where someone takes a picture or video under a person’s clothing without their permission)
• suggestive looks, staring or leering (in the context of the RCA, this does not refer to academic or artistic work involving sexual content, provided it is appropriately contextualised and does not target or harass others).

Consent is giving permission for something to happen, or agreeing by choice to do something, in possession of all the facts to make an informed choice. Consent can be withdrawn at any time.

Consent also requires having the freedom and capacity to make that choice. Examples of where someone is not free to make a choice around consent include where they are being subjected to force, intimidation, manipulation, undue influence, coercion or deception in order to gain their consent.

Capacity describes whether someone is physically and/or mentally able to make a choice and to understand the consequences of that choice. For example, someone's capacity to consent may be impacted if they are under the influence of alcohol or drugs. If someone is asleep or unconscious they cannot give consent. Certain cognitive or learning disabilities and mental health conditions can impact capacity to consent.

The person seeking consent should always take steps to ensure that consent is freely given, that it is informed, and recognise that it can be withdrawn at any time. Consent given on a previous occasion does not count as consent, as this should be obtained on each occasion and be specific to the activity or situation.

‘Disclosing’ means letting the College know about an experience of harassment or sexual misconduct. No one will be disadvantaged by the College in any way by disclosing harassment or sexual misconduct.

There are different ways to make a disclosure which are described below, including what can happen in response to each way of disclosing. It is not always necessary to make a formal report (part 3 below) in order for the College to investigate an incident of harassment or sexual misconduct; the College may be able to take action based on other ways that we are informed of incidents.

Victims of harassment or sexual misconduct may also be considering reporting this to the police. Please refer to the The Prevention of Harassment and Sexual Misconduct Policy for Students or The Prevention of Harassment and Sexual Misconduct Policy for Staff and read the section called ‘Incidents that may also amount to a criminal offence’ for more information about this.

Harassment or sexual misconduct can be disclosed by the person who the behaviour happened to, or by a witness to that behavior, including:

• an RCA student
• a member of RCA staff
• a third party or visitor to the College community
• a person external to RCA where the behaviour impacts on the reputation of the College and/or could harm members of the public or of the College community.

A disclosure should be made as soon as possible, so that support can be offered and any investigative action taken swiftly. For a formal report of misconduct against a student, this should normally be made within 20 working days of an incident of harassment or sexual misconduct. However, the College understands that in some circumstances someone may take longer than this, for example where a matter has significantly impacted them and this has caused a delay in reporting: the reporting party should explain the reason for the delay and the College will consider whether the allegation can be investigated.

A disclosure can be made to the College whether or not the matter has been reported to the police.

There are different ways to make a disclosure. The person disclosing can choose the way that feels most appropriate to them:

1. Students can speak to a member of staff

Students can tell a staff member about your experience of harassment or sexual misconduct. This might include a member of academic or support staff. The staff member will take the disclosure seriously. They will explain about available confidential support, including advice about possible options for action (this includes your option to request a formal investigation of the incident), without a need to commit to any decision about what action to take.

Students can contact the Student Support team via the Student Support Hub (intranet page), or by emailing [email protected].

Students can contact the Students Union Advice Officer via self-bookable appointments on the Students' Union website or via [email protected].

2. Staff and students can disclose via the RCA ‘Report + Support' site

Students and staff can disclose harassment or sexual misconduct via the RCA Report+Support site. Disclosing in this way does not automatically trigger an investigation (unless there is immediate risk or a safeguarding concern).

Reporting with your details:

• Students: A report submitted by a student will be received by a member of the Student Support team. They will contact the student to offer a meeting, either in person or online. The purpose of the meeting is for them to listen to the student and to understand what has happened. They will then be able to explain the options: this includes the option to request that the matter is formally investigated, and the option to get support. Students can choose to get support even if they decide not to request a formal investigation.
• Staff: A report submitted by a member of staff of either a student’s misconduct to another student, or a report of a wellbeing concern about a student, will be received by a member of the Student Support team who will contact the staff member about possible next steps. A report submitted by a member of staff of an allegation of a student’s misconduct towards the staff member, or of misconduct by another staff member, will be received and responded to by HR.
• Third parties: A report submitted by a third party will be received and responded to by HR.

Reporting anonymously:

Reports of harassment or sexual misconduct can be made anonymously via the RCA Report +Support site. Reporting anonymously could mean that the College will be unable to take any further action because it may not be possible to carry out an appropriately robust investigation, or to take action which could compromise someone’s anonymity. However, anonymous reports will be recorded and will be used by the College to monitor incidents of harassment and sexual misconduct. Further information about anonymous reporting is available at our Report +Support site.

Students are strongly encouraged to talk to a member of our Student Support staff (see the Student Support Hub on the RCA intranet) or the RCA Students’ Union if they have an allegation of harassment or sexual misconduct that they do not feel they can raise without doing so anonymously. The Students’ Union or member of staff can advise the student whether, if they chose to make an anonymous report, there are any actions that the College is able to take without the reporting party’s details being included in a report.

3. Staff and students can make a formal report

Students or staff can complete an online Student Misconduct Form to formally report harassment and/or sexual misconduct by a student where they would like the College to take action, which is usually to conduct an investigation.

A student who wants to formally report harassment or sexual misconduct by a staff member should complete the Student Complaints Form.

The College will have due regard towards maintaining confidentiality in relation to any disclosure of misconduct, and information gathered and disclosed will be handled sensitively. Where a report is investigated, in order for it to be considered fully, the content will usually need to be disclosed on a need to know basis to members of staff who need to be involved in order to resolve it. More information about confidentiality and data handling is available in the Confidentiality section further down this page.

Students’ Union staff or Student Support staff can assist students to make a formal report to the College if required.

For staff, you could bring the matter to the attention of your line manager as a formal written complaint. Assistance with this can be obtained from your HR Advisor or one of the College’s Sexual Violence Liaison Officers (SVLOs).

Alternatively, you may choose to submit a report via the College’s Report + Support system. Reports submitted via Report + Support are continually monitored and acted upon. You will be contacted within three working days of your support being submitted.

Students are encouraged to access confidential support from Student Support Hub (intranet page) or by emailing [email protected]. in any of the following circumstances:

• They have been subjected to harassment or sexual misconduct; or
• They have had an allegation of harassment or sexual misconduct made against them; or
• They have witnessed harassment or sexual misconduct.

Students can seek confidential support regardless of whether they want to report the incident. A member of the Student Support team can listen and help a student to understand their options. It is particularly important to seek support if the situation is impacting negatively on the student’s well being or mental health. Student Support staff have received specialist training in receiving safe disclosure and providing support.

The RCA Students’ Union can also provide independent advice and support.

Any student involved in an incident of harassment or sexual misconduct can access support throughout the process, including during the investigation and any subsequent disciplinary process. This includes personal support, such as Counselling, and academic support in relation to decisions about attendance, continuation, suspension or cessation of study.

Students who have been accused of harassment or misconduct can also read guidance on the RCA Report + Support site.

Both Student Support and the RCA Students’ Union can also provide information and signposting to external organisations who can provide specialist support. Specialist support organisations are also listed on the Report + Support site.

If you experience sexual harassment and you feel comfortable to do so, you could consider making it clear to the harasser on an informal basis that their behaviour is unwelcome and ask the harasser to stop. If you feel unable to do this verbally then you could consider sending a written request to the harasser. Assistance with this can be obtained from your HR Advisor or one of the College’s Sexual Violence Liaison Officers (SVLOs).

In addition, you may also choose to raise concerns during your regular communication with your manager, e.g. in a one-to-one meeting. Your manager will listen but may encourage you to follow the reporting procedures set out below. If you don’t have a one-to-one meeting scheduled with your manager, you can ask to meet with them to discuss any concerns that you may have.

Contact your HR Advisor who will offer you support and advise you of options available to you as set out in this policy. They will also direct you to other sources of support provided by the College and externally.

Raise such issues with a senior colleague of your choice (whether or not that person has a direct supervisory responsibility for you). This person will not be assigned to investigate the matter if it becomes a formal complaint.

There are many sources of support available to staff prior to making a complaint or to both complainant and alleged perpetrator once a complaint has been made. These include: [INSERT LINKS]

• SVLO (Sexual Violence Liaison Officers)
• HR Advisors
• Line managers
• Union representatives (for union members)
• The Employee Assistance Programme which is available 24/7.

Once either a formal report is received by the College, or the College has decided to investigate an allegation received in a different way, the reporting party will be contacted to acknowledge receipt. The reporting party will be given information about the next steps in the procedure.

Relevant policies and procedures explain how allegations will be investigated fairly, including timescales, stages, possible penalties and appeal provisions.

The relevant policies are:

• For reports about a student: RCA Student Misconduct and Disciplinary Policy
• For reports from a student about a staff member: RCA Student Complaints Policy
• For reports from staff about a colleague: the Investigations Procedure

The College will have due regard towards maintaining confidentiality in relation to any disclosure of harassment or sexual misconduct. Information gathered will be handled sensitively.

Where a report is investigated, in order for it to be considered fully, the content will usually need to be disclosed on a need to know basis to members of staff who need to be involved in order to resolve it. For the College, this will mean that staff will only receive information about the case that is necessary and proportionate to their role and involvement.

To participate effectively in the process, it is expected that information of a sensitive nature will need to be shared across the parties involved in the case. For example, someone cannot respond to an allegation made against them without knowing what has been alleged. However, the same expectations of confidentiality will apply, although this is not intended to restrict the opportunity of speaking to supporters, such as Counsellors or Students’ Union Advisors. Where disclosure about allegations and/or a misconduct investigation is made by either party inappropriately, this may be a disciplinary issue in its own right.

Witness statements will normally need to be shared with the reporting and responding students, and decision makers, as part of the investigation report.

The RCA requires students to undertake appropriate and comprehensive mandatory training on the prevention of harassment and sexual misconduct. All students are required to complete an online Tackling Harassment and Sexual Misconduct training course when they join the RCA. This training provides students with important information including:

• an understanding of the behaviours that may constitute harassment, sexual misconduct and hate crimes;
• how to be an active bystander if they witness such behaviours;
• how to support friends and peers;
• how to get support if you have experienced or witnessed harassment or sexual misconduct;
• freedom of speech principles.

Students will also be provided with RCA information and relevant policies relating to the prevention of harassment and sexual misconduct.

Information about how to access the mandatory training course will be emailed to students at the start of the academic year.

Students also have access to an additional online training course called Consent Matters.

New students joining the RCA for an MPhil or PhD are also required to attend a face to face small group training with other students. The training is called Recognising professional boundaries and sexual harassment as a postgraduate researcher and is run by the 1752 Group. Information about joining this training will be emailed to you by the Research Office after you enrol.

The RCA requires staff to undertake appropriate and comprehensive mandatory training on the prevention of harassment and sexual misconduct.

All staff are required to complete an online Tackling Harassment and Sexual Misconduct training course as part of their induction process. This training provides staff with important information including:

• understanding the behaviours that may constitute harassment, hate crimes and sexual misconduct;
• how to be an active bystander if they witness such behaviours;
• the required knowledge and skills to receive a disclosure of harassment or sexual misconduct;
• an understanding of freedom of speech principles.

The training will soon be accessible on the staff training pages on the RCA intranet, and all staff will be emailed about completing this training.

Staff will also be provided with up to date information about RCA guidance and relevant policies relating to the prevention of harassment and sexual misconduct.

Additional training is given to staff in certain roles, to support the RCA’s commitment to preventing incidents of harassment and sexual misconduct where reasonably possible. This includes:

• Specialist student support staff also receive training to ensure they have the knowledge and skills to support students who have experienced, witnessed, or committed harassment or sexual misconduct;
• Staff who undertake investigations into allegations of harassment and sexual misconduct receive specialist training;
• Staff who supervise research students receive specialist in person training on Professional boundaries and sexual harassment experienced by Postgraduate Research Students. This is run by the 1752 Group.

The professional relationship between staff and students is a key part of a student’s education at the RCA. We are committed to protecting students from any actual or potential conflict of interest and/or abuse of power that may arise from intimate personal relationships with staff.

RCA staff are required to comply with the Personal Relationships Policy for Staff. This strictly prohibits staff members from engaging in personal relationships (defined as romantic, sexual, or other close personal associations including those of a business nature) with students for whom they have academic or pastoral responsibilities. This includes roles involving teaching, supervision, assessment, tutoring, or pastoral care.

All staff members are required to declare any personal relationships with students to their line manager, regardless of whether a direct academic or pastoral relationship exists. In instances where a personal relationship between a staff member and a student predates the start of the staff member's academic or pastoral responsibilities, the staff member must disclose the relationship to their line manager. Alternative arrangements will then be put in place to mitigate any potential conflicts of interest, such as reassigning tutoring or supervisory duties.

The RCA is legally required to have particular regard to, and place significant weight on, the importance of freedom of speech within the law, academic freedom and tolerance for controversial views in an educational context or environment, including in premises and situations where educational services, events and debates take place.

Where a student is exposed to any of the following, this is unlikely to amount to harassment, unless there's sufficient evidence to prove otherwise:

• the content of higher education course materials, including but not limited to books, videos, sound recordings, and pictures;
• statements made and views expressed by a person as part of teaching, research or discussions about any subject matter which is connected with the content of a higher education course.

See the RCA Anti-Discrimination Statements (intranet page) to find out more.