Prevention

To support a shared understanding of what sexual harassment, misconduct and violence are, this resource offers some definitions.

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Sexual harassment is unlawful under the Equality Act 2010 (‘the Act’). It is also unlawful to treat someone less favourably because they have either submitted a complaint of sexual harassment or have rejected such behaviour or advances. The Act defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating an individual’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. 

Sexual misconduct is a broad term encompassing unwanted sexual behaviour that violates personal boundaries, dignity, and consent. It includes a range of actions, from sexual harassment and assault to more subtle forms of unwanted sexual attention. Importantly, it's not limited to physical acts; it can also involve verbal, non -verbal, written conduct, and even online interactions. 

Definitions

Further break down and resource.

  • Sexual misconduct can involve a range of inappropriate and unwanted behaviours and acts of a sexual nature. It covers:   
  • All forms of sexual violence, including sex without consent, including so called Stealthing, So-called 'stealthing' is a form of rape. It happens when people agree to have sex with a condom and then someone either lies about putting a condom on or removes it without the other person's permission. 

  • non-consensual sexual touching.   
  • Sexual harassment (unwanted behaviour of a sexual nature which violates your dignity; makes you feel intimidated, degraded or humiliated or creates a hostile or offensive environment)   
  • Stalking.   
  • Abusive or degrading remarks of a sexual nature 

  • When a person is no longer interested in sexual activity after initially consenting to the act, but the other person continues to engage in sexual activity (e.g. touching, kissing, intercourse).   
  • When a person makes inappropriate sexual remarks in private or public places.   
  • When a person makes unwanted sexual advances (e.g., grabs, or attempts to touch)   
  • Unwanted kisses or hugs considered more than would be appropriate to express affection.   
  • Masturbation and or exposure in public.   
  • Intimidation and/or the distribution of personal content and/or footage online.   

Sexual harassment is unwanted behaviour of a sexual nature. The law (Equality Act 2010) protects the following people against sexual harassment at work:   

  • employees and workers   
  • contractors and self-employed people hired to personally do the work   
  • job applicants   
  • To be sexual harassment, the unwanted behaviour must have either:   
  • violated someone's dignity   
  • created an intimidating, hostile, degrading, humiliating environment for someone   

  • has one of these effects even if it was not intended   
  • intended to have one of these effects even if it did not have that effect 

Free consent cannot be given if the individual does not have the capacity to give consent. Incapacitation may occur when an individual is asleep, unconscious, semi-conscious, or in a state of intermittent consciousness, or any other state of unawareness that a sexual act may be occurring. Incapacitation may also occur on account of a mental or development disability, or as the result of alcohol or drug use.

Includes any physical or emotional harm or threat of physical or emotional harm which would reasonably place an individual in fear of immediate or future harm, with the result that the individual is compelled to engage in a sexual act.

Incapacitation arising from alcohol or drug consumption should be evaluated based on how the alcohol/drugs have affected the individual; signs of incapacitation may include, but are not limited to, one or more of the following:   

  • Slurred speech,  
  • Unsteady gait,  
  • Bloodshot eyes,  
  • Dilated pupils,  
  • Unusual behaviour,  
  • Blacking out,  
  • a lack of full control over physical movements,  
  • a lack of awareness of circumstances or surroundings, and/or  
  • An inability to communicate effectively.  

Intoxication is never a defence for committing an act of Sexual Violence and/or Misconduct, or for failing to obtain consent. If there is any doubt as to the level or extent of one’s own or the other individual’s incapacitation, the safest approach is to not engage in a sexual act.   

Disclosure means that an individual tells a member of the University community (such as student or staff member), that they have experienced Sexual Misconduct and/or Harassment (different from a formal complaint or report).  The University encourages staff, students, apprentice learners and visitors to report any incidents of sexual harassment. The University also encourages staff, students, apprentice learners and visitors to report situations where they felt at risk, even if nothing happened.    

Is the sharing of information with a staff member of the University regarding an incident of Sexual Misconduct and Harassment experienced by that individual for the purposes of initiating the investigation process by the University (different from Disclosure).   

Is the person(s) who has been the subject of the alleged incident(s) of Sexual Misconduct and Harassment.  

Is the person(s) whose behaviour it is alleged, amounted to an incident(s) of Sexual Misconduct and Harassment.  

A witness is someone who has observed or has knowledge of harassing behaviour or the circumstances surrounding it. This could be someone who directly witnessed the conduct or someone who has information about the situation or the impact it had on the victim.

Requirements relating to relationships between staff and students  
  • Under our Personal Relationships Policy, the commencement of a new intimate relationship between a student and any member of staff is prohibited. 
  • There is requirement for staff to disclose any pre-existing intimate relationships with incoming students. 
  • The need to disclose such relationships extends to any family or close personal relationships with any current or incoming students. 
  • Close personal relationships – that is, relationships that are not intimate but could reasonably be viewed as going beyond the boundaries of professional conduct – are strongly discouraged and must be disclosed where there is academic or other professional responsibility. 

There is no onus on students and apprentice learners to disclose, however we would strongly encourage students and apprentice learners to inform their programme lead, personal tutor/academic coach/skills coach or a member of the Student Life Team if they are already in or commence a new relationship with a member of staff.  

 If you wish to discuss any concerns of this nature, please do book a drop-in slot with our Head of Operational Safeguarding. The booking link can be found here.   

Our Personal Relationships Policy and its accompanying guidance is not an attempt to restrict all the rich informal interactions between students and staff that are such an important part of studying at the University of Wolverhampton. Community and connection are part of what makes the University such a great place to study and work, and most of the informal contact between students and staff is positive. 

What the policy and its accompanying guidance do is to set out clearly what is not acceptable. It also aims to offer assurance and confidence to you as students and apprentice learners, what interaction is acceptable and what is not from those supporting you. 

Training and Consent Matters

 
Disclosure and Reporting

The University of Wolverhampton recognises that disclosing sexual harassment, misconduct or violence whether it’s to someone you work with, someone who supports your study or another trusted person, is a significant step, and it's important that the university ensures we can approach this important and brave first step with care and understanding.   

It is crucial to prioritise the well-being of the person making the disclosure and to handle the situation with sensitivity.  To support this, some guidance is available within the tab entitled – Guidance for those who disclose  

A Disclosure or Report can be made in one of the following ways:   

  • To a member of staff or fellow student or apprentice learner    
  • Via @ASK    
  • Via any remit within the Student Life Directorate    
  •  Safeguarding email (safeguarding@wlv.ac.uk)   
  • If a student or apprentice learner to the Student Complaints and Case Work Team    
  • If a colleague, directly to their line manager or Human Resources Business Partner.    
  • Colleagues, Students and Apprentice Learners can also use our anonymous reporting route which can be found here    
  • The university encourages any governor, visitor, third party i.e. external speakers who may have experienced an issue within the scope of this policy to follow the safeguarding reporting channel to raise their concerns.  

Guidance for those who disclose

Find a private and comfortable space where you feel safe and can speak freely.   

If you're comfortable, confide in someone you trust, such as a friend, family member, or colleague.   

Familiarise yourself with your employer's or study providers policies on sexual harassment and reporting procedures.

Keep detailed records of what happened, including dates, times, locations, and the nature of the harassment or misconduct.

Decide whether you want to report the harassment to us as your university, you could seek legal advice or pursue other options

Consider reaching out to support services like helplines, counselling, or advocacy groups. A comprehensive list of such support services can be found in the intervention section of this policy and framework

Important considerations:  
  • Confidentiality:  While confidentiality is important, there may be limits to it, especially if there are concerns for the safety of yourself or others.   
  • Safety:  If you feel unsafe, prioritise your safety and consider reporting the harassment to the appropriate authorities.   
  • Timeframe:  If you wish to preserve evidence, be aware of any relevant time limits for reporting or pursuing legal action. Know that you can access a Sexual Assault Referral Centre (further information on this can be located below within the Response and Support Section) where such evidence can be collected and retained on your behalf, even if at this stage you do not wish to formalise a complaint via the police.   
  • Support:  Remember that you are not alone and there are people who can help you through this process  

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