Tackling harassment and sexual misconduct

Harassment

Harassment is defined under the Equality Act (2010) and the Protection from Harassment Act (1997).

The Equality Act (2010) defines harassment as unwanted behaviour related to a protected characteristic which has the purpose or effect of violating someone’s dignity or which creates an intimidating, hostile, degrading, humiliating or offensive environment.

The protected characteristics identified in the Equality Act are: age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnerships, race, religion, belief or non-belief, sex and sexual orientation.

The Protection from Harassment Act (1997) prohibits a person from pursuing a course of conduct which amounts to harassment of another and which they know, or ought to know, amounts to harassment of another. The person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of action amounts to harassment.

Sexual harassment

Sexual harassment is unlawful and will not be tolerated.  Our Dignity and Work and Study policy defines it as unwanted conduct of a sexualised nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Sexual harassment may occur between members of the same sex or of the opposite sex. It can be a single incident that may or may not be directed at an individual but may be witnessed or overheard by a third party. It may be carried out by an individual who is in a position of authority over another or to undermine the position of authority of another.

Unwanted conduct of a sexualised nature can include a range of behaviours that are not limited to the following examples:

• unwanted sexual comments, gestures or jokes
• unwanted or unwelcome leering, staring or suggestive looks which are unwanted
• unwanted touching, hugging, massaging or kissing
• unwanted propositions, sexual advances, attention and demands for sex
• making promises in return for sexual favours
• intrusive questioning about a person’s private sexual activity or sharing of one's own sexual activity that is unwanted by others
• displaying sexually graphic pictures, posters or photographs, including those in electronic forms such as computer screensavers or posts/contacts on social media
• sending sexually explicit emails or text messages which are unwanted
• sharing sexual images of another person without their consent - often referred to as revenge porn
• spreading sexual rumours about a person
• unwanted sexualised communications, including online.

Sexual harassment does not necessarily occur face-to-face. It can be in the form of:

• emails
• visual images (such as sexually explicit pictures on walls in a shared environment)
• social media
• telephone
• text messages
• image-based sexual abuse such as revenge porn
• receiving unsolicited sexual images
• upskirting.

Full definitions can be found in the University's Dignity at Work and Study Policy.

Sexual violence

Sexual violence is an overarching term for any non-consensual sexual act or activity. In this context, "violence" refers to the lack of consent. 

Sexual violence can take many forms. It can be perpetrated by a complete stranger, but is often by someone known and trusted, such as a friend, colleague, family member, partner or ex-partner. Sexual violence can happen to anyone.

Sexual assault

Sexual assault is a legal term, defined under the Sexual Offences Act (2003) as intentionally touching another person, when the touching is sexual, the other person does not consent to the touching and there is not a reasonable belief in consent.

It involves all unwanted physical contact of a sexual nature and ranges from pinching, embracing, groping and kissing, to rape and other forms of sexual penetration without consent.

All forms of sexual assault are sexual violence. 

Sexual misconduct

"Sexual misconduct" is how the University refers to behaviour of this nature which is being investigated under our Disciplinary Procedure.

We use this term not to minimise the behaviour, but because we do not have the legal power to find someone guilty of a "crime".

We can, however, make a finding about whether somebody's behaviour has fallen short of our expectations, as outlined in our policies and procedures, and take action accordingly.

Sexual misconduct refers to any sexual act without consent. An act may be considered “sexual” by its nature, or because of the circumstances.

Examples of sexual misconduct include:

• engaging in a sexual act without consent
• attempting to engage in a sexual act without consent
• sharing, or threatening to share, private sexual images or materials of another person without consent
• kissing without consent
• sexual touching without consent
• inappropriately showing sexual organs to another person
• making unwanted remarks of a sexual nature, including online
• sexual behaviour which represents an abuse of power.

An “abuse of power” refers to a situation where a relevant staff member exploits a position of power in relation to a student so as to apply pressure in a way which:

• may result in the student doing something, or refraining from doing something, that they may not have otherwise done; and
• that action or inaction could reasonably result in something that falls within the scope of an intimate personal relationship.

Consent

Getting consent means actively gaining someone's permission to do something before doing it.

A person consents if they agree by choice and have the freedom and capacity to make that choice. You should respect other people's bodies and personal boundaries. You should always make sure your partner is participating freely and readily.

If you are going to be sexually active while at university, you must understand consent.

Consent must be:

1. Given freely: You should not pressure, force, manipulate or coerce anybody into doing anything they do not want to do.
2. A conscious decision: A person cannot consent if they are asleep, passed out or incapacitated through alcohol or drugs. If you are unsure about whether someone is able to give consent, you should not engage in sexual activity with that person.
3. Continuous: They can change their minds at any time. Consenting to one type of sexual activity is not consenting to all sexual activity.

The University provides training on understanding consent for all students.

Report an incident

You can raise concerns about staff and student misconduct, including bullying, harassment, discrimination, hate incidents, sexual violence, sexual  harassment and breaches of the University's personal relationships policy, through the Report + Support tool.

Report an incident via Report + Support

Staff can also make a report by contacting a Human Resources (HR) Adviser or speaking to their line manager

Report + Support overview:

• Reporting takes a few minutes and is confidential.
• Making a report through this system does not commit you to a course of action. It is an opportunity to receive support and explore options.
• You can choose to report with your contact details or anonymously:
  • If you report with contact details, an appropriate member of staff will make contact within five working days to discuss the support available, what University action might be appropriate and what you would like to happen next.
  • If you report anonymously, we will use this information to better understand the issues impacting our University community, to monitor trends and inform proactive and preventative work. While an anonymous report will not typically lead to disciplinary action, we may take action on anonymous reports where possible and appropriate, for example, to fulfil statutory duties, intercept behaviours or review verifiable evidence such as CCTV.

Reporting to the police

If you think an incident constitutes a criminal offence, you can report it to the police.

• Call 999 from the UK in an emergency or 101 if it is not an emergency.
• You can also report online via North Yorkshire Police reporting (northyorkshire.police.uk).

Anonymous reporting options

If you are not ready to make a formal police report, but wish to share information, consider these options:

Reporting Anonymously to CrimeStoppers

You can contact CrimeStoppers at any point:

• Phone: 0800 555 111
• Online: Use the Crimestoppers online form

Sharing anonymous intelligence about sexual violence with the police

• One of our Sexual Violence Liaison Officers (SVLOs) can arrange for you to pass on anonymous intelligence to North Yorkshire Police.
• This will not be treated as a formal report, so the perpetrator will not be arrested and the incident(s) will not be investigated.
• Your details will not be passed to the police and they will not make contact with you. Instead, they will input the perpetrator’s information onto the national police database.
• This information helps police to record and understand patterns of sexual offences being committed in the area.

Criminal offences

Where disciplinary action or investigation is being considered against an employee of the University of York that may amount to a criminal offence, consideration of whether and when to report to the police will be taken by the Director of HR.

In cases where where the alleged criminal offence is against another employee or a student, the possibility of reporting the matter to the police will be discussed with the employee/student who was subjected to the alleged criminal offence(s) and necessary support will be provided if they choose to make a report.

You can report an incident to the University using our Report + Support tool.

When investigating or making a finding on your report, the University will follow our relevant policies and procedures. Learn more about the applicable policies and procedures. 

Your report and our response

• If you choose to disclose an incident of harassment or sexual misconduct, you'll be listened to, supported and made aware of your options.
• Your choice to report or not report will be respected.
• If you report with contact details, a member of staff will contact you within five working days to discuss support options and next steps
• Where an individual making a report has been directly impacted by the reported misconduct, a meeting will be offered to explain possible next steps and support options.

Confidentiality and data use

• The information you provide in a report will be treated confidentially, and shared only on a need-to-know basis.
• By submitting the form, you agree to the use of your personal information as detailed in the Report + Support Confidentiality Guidance.  
• There is a need for confidentiality throughout an investigation process, in order to protect the integrity of an investigation, and to ensure that we are running fair and defensible processes.
• However, it is crucially important that our students feel able to seek appropriate support, including through:
  • our Sexual Violence Liaison Officers (SVLOs)
  • Open Door team
  • or other support provided by the University and our local partner organisations. 

Anonymous reports and University action

If you report anonymously, we will use this information to:

• better understand the issues impacting our University community
• monitor trends and inform proactive and preventative work.

While an anonymous report will not typically lead to disciplinary action, we may take action on anonymous reports where possible and appropriate, for example, to fulfil statutory duties, intercept behaviours or review verifiable evidence such as CCTV.

Non-disclosure agreements and sharing information

• It’s important to be clear that there are risks associated with students sharing any personal and sensitive information about others.
• Publishing details about another person could lead to accusations of things like libel or slander, or could itself be perceived and reported as harassment.
• The University takes the safety of all of our students and staff seriously, and there may be times where we discuss these risks with you.
• The University of York does not use non-disclosure agreements in respect of reports relating to harassment or sexual misconduct.
• We were one of the first Universities to sign the Can’t Buy My Silence pledge back in 2022.
• The Policy and Procedures on Academic Freedom and Freedom of Speech, which came into effect on 01 January 2025, explicitly state that the University will not use non-disclosure agreements for complaints relating to sexual harassment, abuse or misconduct, or other forms of harassment and bullying.

Support for sexual violence

You can seek advice from the University’s Sexual Violence Liaison Officers (SVLOs). Confidential support is available whether something has happened recently or some time ago.

• SVLOs offer one-to-one practical and emotional support for anyone who has experienced harassment or sexual misconduct.
• They can provide information on internal and external reporting procedures and support services.
• They'll support you through whatever choices are right for you. You will not be pressured into taking any particular course of action. 

Find out more about SVLOs.

Support for harassment and sexual misconduct

• Dignity Contacts: Trained staff volunteers, who are here to listen to the experiences of students or staff reporting concerns:
  • They provide advice and guidance on the Dignity at Work and Study Policy and procedures.
  • They also offer information on how to navigate informal and formal reporting procedures and access support.
• Student Support team: Provides support and advice on all areas of non-academic student life. They can signpost you to a range of suitable help and services.
• Support for LGBTQ+ students: A range of additional information and specific support services are available for LGBTQ+ students.
• University of York Students' Union: Offer confidential, independent and non-judgemental advice:
  • They can speak with you about your situation and make you aware of the support services available to you within the University and more widely.
  • They will talk to you about your options.
  • They can also help you to decide if you would like to report an incident, and can assist you in completing the reporting form.

Additional support for staff

• Line manager: Line managers have responsibility for ensuring that complaints are resolved.
• HR Partner/Advisor: Each department is supported by an HR Partner and an HR Advisor. They provide specialist support and advice on all HR issues to managers and staff.
• Dignity Contacts: They can provide non-emergency confidential information about reporting options and sources of support for students and staff across campus who might be experiencing harassment, bullying or hate incidents.
• Mental Health First Contact: A network of trained staff who are a first point of contact if you are experiencing emotional or psychological distress.
• Colleague: A trusted colleague can support you if you're raising a complaint. 
• Trade union representative: You can seek support from your trade union.
• Employee assistance programme (PAM):  Our confidential employee assistance programme provides staff with access to counsellors ready to discuss any problem, at any time.

If you don't feel comfortable speaking with someone at the University, there are many external support services available.

• Acer House Sexual Assault Referral Centre: Offers free and confidential healthcare and support to anyone in York and North Yorkshire who has experienced sexual assault or rape:
  • They can provide forensic medical examinations, access to medicine, the collection and storage of forensic samples, and referrals to support services.
  • You will be offered these services based on your individual needs, and can choose to use as much or as little of the service as you wish.
• Survive: Offers free support for survivors of sexual violence in York, North Yorkshire and into the East Riding.
• IDAS: The largest specialist charity the North supporting people affected by domestic abuse and sexual violence.
• The Samaritans: Available for non-judgmental emotional support, regardless of what you're going through:
  • Freephone: 116 123 (available 24/7)
  • Email: jo@samaritans.org
  • In-person: Drop-in service on Nunnery Lane.
• TalkCampus: An online mental health peer support network exclusively for students, accessed via an app or web platform:
  • Available to all students who register using their university email address:
  • It offers instant, ongoing global support 24/7, wherever students are in the world and supports over 26 languages.
• Employee Assistance Programme (PAM): Our confidential employee assistance programme provides staff with access to counsellors ready to discuss any problem, at any time.
• Local faith communities: Members of local faith communities are available to support people of all faiths or none.

Any form of harassment or sexual misconduct is never acceptable within our University community.

As a line manager, you play a vital role in upholding our culture of Respect at York and supporting your team. This includes supporting staff members who have been impacted by, or accused of, harassment or sexual misconduct. 

These resources will help you support staff within your team. Human Resources (HR) can provide further information.

Taking action

If you receive a complaint (grievance) from a member of staff about sexual harassment, act promptly.

While some situations may be dealt with through informal options, informal resolutions may not be appropriate because of the nature or seriousness of the concern. In this case, the formal stage of the grievance procedure should be followed.

In any event, you should seek advice and guidance from a member of the HR Operations team.

Prevention and training

To be in the best position to support your team and contribute to a respectful environment, please ensure:

• Mandatory training: You and your team members have completed the required staff training. This guide for managers details how you can review your team’s training records on a Tableau report.
• Policy familiarity: You are familiar with key University policies, including:
  • Dignity at Work and Study Policy
  • Personal Relationships policy
  • Grievance Procedure
  • Disciplinary Procedure
  • Assessing and Mitigating Risk - more information coming soon

Supporting your team

• Open communication: Maintain an open door policy, hold regular one-to-ones and encourage open feedback so that team members can feel comfortable disclosing concerns. 
• Proactive signposting: Regularly remind your team of available support, including:
  • The University’s Report + Support tool
  • The support services for staff
  • The Employee Assistance Programme (PAM).
• Support for all: You have a responsibility to support all staff within your team, whether they are a reporting staff member or a reported staff member.
• Impartiality: It is important that you reserve judgement, remain impartial and follow University procedures at all times.
• Managing concurrent processes: If a report falls within more than one University procedure (whether apparent at the outset or becomes apparent during an investigation), the University will decide how it can best be dealt with, fairly, and proportionately. This may involve:
  • Parallel or sequential investigations to avoid duplication or potentially conflicting decisions.
  • Informing those involved about the reasons for the movement between procedures.
  • Examples include:
    • Complaints against students who are also staff members.
    • Complaints where alleged behaviours may result in criminal investigations.

Think someone you know experienced sexual violence?

If you think someone you know has experienced sexual misconduct, harassment, violence or assault, there are lots of ways you can help them. It may help to understand the definitions of these terms before you decide what to do.

Disclosures can come in many forms. It could be something said jokingly, a story that someone starts to tell, then stops, or it could be a question.

Need immediate help? See our urgent help and advice for them or you.

Talk

You are not expected to be a professional counsellor. However, how someone responds to a first disclosure can be really important. It can take time for a person to decide what they want to do and how they want to move forward.  

• If you feel you can talk to them, they may be able to describe what has been happening and how it has made them feel.
• Listen, staying calm and empathetic.
• Try to listen without judging or directing.
• Ask them if they are okay to talk through some possible options and next steps.
• Allow the individual to stay in control of the conversation and of their decisions.
• Sexual assault is a crime of power and control. The most important thing is to respond in a way that maximises their choice and control over what happens next. Only they can decide this.

Remember 

• If someone has experienced sexual violence, their reactions can vary. They might even act in ways that seem unusual to you.
• They might not want to report the assault to the police or the University. There are a lots of reasons for this. In most cases of sexual assault, the offender is known to the victim, but they might also be concerned they won't be believed or may not identify what occurred as a sexual assault.
• It is up to them to decide what they want to disclose and to whom. Your support can help them talk through their concerns.
• Make sure you look after yourself and if you need support ask for it.

Things to avoid

• Just saying "it’s not your fault" (without listening to their story).
• Using key ‘catch phrases’ or common sayings, eg “it will all be better with time"
• Probing for details. Let them tell you what has happened in their own time.
• Blaming them, eg “what were you wearing?” and “were you drinking?” or “did you text them to come over?”
• Showing disgust, shock or obvious disbelief.
• Smirking and showing obvious disbelief.
• Questioning why they are only coming forward now.
• Trivialising the experience.

Support and reporting

Help them to access information on reporting and support. Remember it is up to the individual if they wish to report to anyone. Whatever their reason for not reporting this should be respected. They can still access support from both inside and outside the University.

• Student Support Team: As your first point of contact for non-academic support and advice, this team can signpost you to services suitable for your needs.
• Open Door team: They can provide specialist mental health support if you feel the need. You can also read more about support for your mental wellbeing.
• York SU Advice and Support: They offer free, independent, and confidential advice and support. Advisors will treat you with respect and sensitivity, and can support you through the process, explain procedures, and may even accompany you to any meetings.

Duty to notify (under the University's Regulation 7.7.4 and 7.7.5): You must notify the University if you have been arrested and released under investigation, are subject to bail conditions, if you are charged with a relevant criminal offence, or if you are convicted of a relevant criminal offence. Please contact the Conduct and Respect team at conductandrespect@york.ac.uk. 

• Seek internal support: Seek support through your Line Manager, HR Partner/Advisor or the campus trade unions. You can also read more about support, health and wellbeing for staff.
• Employee Assistance Programme: Contact PAM on 0800 882 4102. They provide confidential support for your wellbeing through any related processes.
• Cooperation in investigations: When allegations against you are being investigated under a formal procedure, you are expected to answer the allegations or complaints made and provide any supporting evidence to establish the facts. 
• Decisions: Once the facts have been established, a decision will be made on whether the case should be progressed to a formal disciplinary hearing.
• Right to be accompanied: You have the right to be accompanied at any formal meeting under the procedure by a trade union representative or work colleague.

Our Personal Relationships Policy prohibits personal relationships between relevant staff members and students, except for pre-existing relationships that existed before the 1 August 2025, which must be declared to manage any conflicts of interest.

Definitions

• Bystanders are individuals who witness events or situations that impact others. By their presence, they may have the opportunity to provide assistance, do nothing, or contribute to an ongoing problematic behaviour.
• An active bystander is someone who not only witnesses a situation but also takes steps to safely speak up or step in to keep a situation from escalating or to disrupt a problematic situation when it is safe to do so.
• Bystander intervention is about empowering you to safely think about how and when you can intervene in difficult situations. We want to empower positive interventions and foster a culture of respect across our University community.

Being an active bystander

We encourage all members of our community to develop their active bystander skills. Our online course explains more about what it means to be an active bystander:

• Respect at York: Being an Active Bystander (online course)

We are also working on follow-up, in-person bystander intervention training for student leaders that will build upon the foundations of the online training. This will be piloted in September 2025 in conjunction with York Students' Union. It will initially be offered to sports and society leaders as part of their induction training.

Student leaders hold a joint responsibility to help build a community of respect. While not everyone will agree all of the time, student leaders can help create a safe and respectful environment for differing opinions, which is valuable for team management. 

An active bystander's decision-making process

Before acting, it is important to ask yourself key questions:

Before I take action: 

• Am I aware there is a problem or risky situation?
• Do I recognise someone needs help?
• Do I see others and myself as part of the solution?

During the situation:

• How can I keep myself safe?
• What are my available options?
• Are there others I may call upon for help?
• What are the aids/barriers to taking action?

Decision to take action:

What intervention strategy can I use?

• Direct: Directly intervene
• Distract: Distract either party
• Delegate: Get help from others
• Delay: Check in after  

In instances of sexual violence and/or sexual harassment, it is important to remember that the only person ultimately responsible for the incident is the perpetrator themselves.

In 2025, we launched Respect at York to raise awareness of harassment and sexual misconduct, to promote a community of respect within York and to tackle the issues of harassment and sexual violence.