Sexual Misconduct and Sexual Harassment Policy

1.1. This policy sets out the University’s expectations of behaviour by staff and students and approaches for dealing with complaints of sexual harassment and sexual misconduct. It intends to protect students and staff from inappropriate sexual behaviour which may include, but is not limited to, violence, grooming, misconduct, and harassment.

1.2 The policy underlines the University’s commitment to the Welsh Government’s Violence against Women, Domestic Abuse and Sexual Violence (VAWDASV): National Strategy 2022-2026, which includes a commitment to tackle “sexual harassment and violence, and the behaviors which enable it, in all parts of our society”.

1.3 This policy takes into account the provisions of the Equality Act 2010 and the Worker Protection (Amendment of Equality Act 2010) Act 2023 which from 26 October 2024 will introduce a positive obligation on employers to take “reasonable steps” to prevent sexual harassment of their employees in the course of their employment.

1.4 Criminal investigations will take precedence initially over investigations conducted by the University. If a criminal investigation is underway it may be necessary for the University to pause an investigation so that it does not compromise any criminal proceedings. Certain allegations, due to their seriousness, may be referred to the police and not investigated by the University. In these instances, we will work in partnership with the student/member of staff and make a decision based on risk. In some circumstances, the University will be notified of a student’s/staff member’s bail conditions and if needed, will take action to ensure the safety of all students/members of staff. Action taken under this policy will relate to expected standards of behaviour, conduct and dignity and cannot take the form of a criminal investigation.

1.5 The policy is supported by appropriate procedures and guidance on the reporting and handling of  allegations.

2. Scope

2.1 In the context of this policy, staff refers to any individual either employed or engaged by the University to carry out work for the University. Workers, such as casual workers, agency workers, Honorary and Emeritus appointments, visiting academics and other individuals who may have, or had in the past, a working relationship with the University such as alumni are also covered by this policy and whilst there is no direct employment relationship, for the purpose of this policy a generic term of "staff" will be used to describe directly employed individuals and workers, visitors etc.

2.2 Students who are engaged temporarily or permanently as staff are included as members of staff¹. However, if the situation giving cause for concern arises when the student is not engaged in employment activities but in the course of their studies, then they should be considered a student in these circumstances and will be covered by the procedures relating to students rather than staff.

2.3 The policy also relates to job applicants.

2.4 Former members of staff and former students may use the University procedures outlined to report an allegation of sexual harassment and / or sexual misconduct which may have occurred many months or years previously.

2.5 In the context of this policy student refers to individuals enrolled as students on an undergraduate or postgraduate course and individuals who staff know or should reasonably know are current, prospective, or returning students.

2.6 This policy also covers those working as contractors who are also bound by the terms of this policy as is any person engaged with, or representing, the University.

^{1 This includes students engaged in roles in Student Life (student connect, peer mentors, residence life, well-being champions ambassadors and widening participation outreach activities)}

3. Policy

3.1 The University has a zero-tolerance approach to sexual harassment and sexual misconduct; this means that we will not condone or ignore reports of sexual harassment or sexual misconduct. The University is committed to providing a positive work and study experience for employees, staff and students; it expects the highest standards of behaviour from all members of its community, as set out in this policy.

3.2 Any allegation will be treated seriously, regardless of the seniority of those involved; anyone found to have behaved unacceptably may be subject to disciplinary action up to and including dismissal or exclusion.

3.3 Victimisation of any individual making a complaint under this policy will not be

tolerated and will be dealt with under the relevant University Disciplinary procedure. Sexual misconduct and sexual harassment constitute serious misconduct and could result in dismissal (for employees) or temporary or permanent exclusion (for students)