Staff Training - Sexual Misconduct, Bullying and Harassment

Sexual misconduct is a form of sexual harassment and is unwanted behaviour of a sexual nature which:

• violates your dignity
• makes you feel intimidated, degraded, or humiliated
• creates a hostile or offensive environment.

You don’t need to have previously objected to someone's behaviour for it to be considered unwanted.

Examples of sexual misconduct include unwanted sexual remarks, groping, or serious sexual harassment such as rape and sexual assault.

Why has sexual misconduct been included in this policy?

Universities UK (UUK) require us to have either a stand-alone policy or to integrate sexual misconduct into our existing policy. We decided to integrate it into our bullying and harassment policy.

The University defines Harassment as unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. 

Harassment applies to all protected characteristics. Employees will now be able to complain of behaviour that they find offensive even if it is not directed at them, and the complainant need not possess the relevant characteristic themselves. 

Employees are also protected from harassment because of perception and association. 

Harassment by someone at work is unlawful discrimination under the Equality Act if it’s because of, or related to:

• age
• disability
• gender reassignment
• race
• religion or belief
• sex
• sexual orientation.

The Equality Act calls these things protected characteristics.

Third Party Harassment

Third party harassment is “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”. 

Third party harassment applies to sex, age, disability, gender reassignment, race, religion or belief and sexual orientation. This could include dual discrimination, such as verbally abusing someone for being gay and religious. 

Bullying can be defined in many ways but is generally behaviour that is identified as a misuse of power. It is usually persistent (ie more than a one-off incident), is offensive, abusive, intimidating, malicious or insulting behaviour, unfair use of  sanctions. This makes the recipient feel upset, threatened, humiliated or vulnerable and undermines self-confidence. 

While there is no statutory definition of bullying, the conciliation service ACAS defines it as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient”.

In everyday language, bullying and harassment can be used almost interchangeably but in law, harassment refers to unwanted behaviour relating to a specific set of protected characteristics:

• age
• disability
• gender reassignment
• race
• religion or belief
• sex
• sexual orientation.

The Equality Act 2010, features victimisation and harassment while 'bullying' doesn't feature as a legal term at all but we do not want bullying within the University so have included it in our policy.

Victimisation occurs when an employee is treated badly because they have made or supported a complaint or raised a grievance under the Equality Act; or because they are suspected of doing so. Victimisation may also occur when an employee is treated badly due to being a member of a trade union or for being involved in trade union activities. 

Victimisation broadly refers to bad treatment directed towards someone who has made or is believed to have made or supported a complaint under the Equality Act.

It includes situations where a complaint hasn't yet been made but someone is victimised because it's suspected they might make one.

In the first instance, you can raise your concern with your line manager or with People and Culture (peopleandculture@cumbria.ac.uk). If you don't feel you can speak to your line manager then it would be best to speak directly with People and Culture.

Alternatively, you may complete the You Report, We Support reporting form found via the image link here

You should keep your own written record of each incident of bullying/ harassment including what happened and the time & date.

If you feel that you have been unable to resolve the matter informally then you should move to the formal stages of the Prevention of Bullying and Harassment Policy and Procedure and put your complaint in writing to People and Culture (peopleandculture@cumbria.ac.uk) via the following link giving details of any incidents, names, dates, times and witnesses (if any) of the alleged unacceptable behaviour. You could also detail any informal measures you have already taken to try and resolve the matter.

You may also seek advice from your trade union.

The Employee Assistance Programme is also a confidential service available to you for support 24/7 Tel: 0800 316 9337

Treating someone more or less favourably on the grounds of a protected characteristic. There are four types of unlawful discrimination which can occur.

Direct Discrimination 

Direct discrimination is where a person is or would be treated less favourably from another because of a protected characteristic they have or are thought to have i.e. sex, gender reassignment, race, religion or belief (or a lack of belief), pregnancy and maternity, marriage/civil partnership, sexual orientation, disability or age. 

Associative Discrimination

This is direct discrimination against someone because they associate with another person who possesses a protected characteristic (i.e. sex, gender reassignment, race, religion or belief (or a lack of belief), sexual orientation, disability or age).

Perceptive Discrimination 

This is direct discrimination against an individual because others think they possess a particular protected characteristic (i.e. sex, gender reassignment, race, religion or belief (or a lack of belief), sexual orientation, disability or age). It applies even if the person does not actually possess that characteristic. 

Indirect Discrimination 

Indirect discrimination is where a condition, rule, policy or practice is applied to everyone but particularly disadvantages people who share a protected characteristic (i.e. sex, gender reassignment, race, religion or belief (or a lack of belief), marriage and civil partnership, sexual orientation, disability or age).

This means any instance of bullying, harassment or sexual misconduct will be investigated and where necessary disciplinary sanctions imposed so that our staff, students and visitors can enjoy an environment where everyone is treated with dignity and respect.

Zero tolerance aims to eliminate undesirable behaviour among staff and students and means that if bullying, harassment or sexual misconduct has occurred, action will be taken.