Harassment and sexual misconduct support

Harassment is defined as:

‘Harassment, including sexual harassment, includes unwanted behaviour or conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment because of, or connected to, one or more of the following protected characteristics: age; disability; gender reassignment; race; religion or belief; sex; and sexual orientation.’ (As defined in section 26 of the Equality Act 2010);

In the context of section 26 of the Equality Act 2010, to decide whether conduct amounts to unlawful 'harassment,' the following matters are considered:

• the perception of the person who is at the receiving end of conduct;
• the other circumstances of the case; and
• whether it is reasonable for the conduct to have the effect under scrutiny.

and

‘‘a course of conduct conducted on at least two occasions that harasses one other person, or a course of conduct that harasses two or more persons at least once each. References to harassing a person include alarming the person or causing the person distress.’ (As defined in section 1 of the Protection from Harassment Act 1997).

Under this definition, an offence is only committed if:

• the person knows the conduct amounts to harassment of the other, or
• a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other person.

Sexual misconduct is defined as any unwanted or attempted unwanted conduct of a sexual nature. This includes, but is not limited to:

• sexual harassment
• sexual assault; and
• rape

All the policies listed below can be accessed at Policies and Documents: 

• Sexual Violence and Sexual Harassment Policy
• Bullying and Harassment Policy
• Online Harassment Policy
• Policy to Support Students with Disabilities, Long Term Health Conditions, Mental Health Concerns and Neuro Diverse Conditions
• Student Pregnancy, Maternity, Paternity and Adoption Policy
• Student Religion and Belief Policy 
• Student Code of Conduct
• Student Complaints Procedure
• Student Complaints - Guidance for Students

The following procedures and regulations can be found at: Senate Regulations | Brunel University of London

• Non-Academic Misconduct Procedure 
• Senate-Regulation 6 
• Fitness to Practise Procedure 
• Senate Regulation 14 - Fitness to Practise
• Senate-Regulation 16 

These policies can be accessed at: Policies and documents

• Dignity at Work Policy Bullying and Harassment
• Disciplinary Policy and Procedure
• Disciplinary Procedure for Consultants and Job Shop Workers
• Equality and Diversity Policy
• Grievance Policy and Procedure
• Relationships at Work

If you need immediate help, our Security team is available 24/7, throughout the whole year, both on and off campus. In an emergency, you can contact them on 01895 255786 or the police on 999.

Providing a fair and inclusive place to live, work and study continues to be at the heart of everything we do at Brunel. We believe that any form of harassment and sexual misconduct is NEVER OK.

All our staff and students can use Report and Support to notify the university of any incident of harassment and sexual misconduct, helping us to create an open and transparent culture, where people speak up and call out this sort of behaviour.

You can complete this task anonymously or provide your details for us to get in touch. However, if you complete this task anonymously, we won’t then be able to get in touch with you or provide any support. It could mean that we also cannot then commit to taking any formal action, although we may use the information you provide for the purpose of identifying whether there have been/are other similar reports and whether there is a pattern of behaviour or trends that should be addressed.

If you choose to report with contact details, a member of the Student Support and Welfare Team will be able to talk through the options and support available to you, both at Brunel and externally.

If you're thinking of reporting to the police, rape crisis have produced a useful list of things to think about.

You can call crime stoppers at any point on 0800 555 111 or use their online form.

1. Your personal tutor, or another staff member: seek advice or discuss the matter with a personal tutor or lecturer in your department or College and/or anyone else with whom you feel comfortable.

2. Student Support and Welfare Team: contact them directly -

• via phone +44 (0)1895 268268 (option 2)
• email studentsupport@brunel.ac.uk
• through Report and Support

Out of hours support is also available providing free, confidential counselling and wellbeing support. You can get in touch with the team via phone, live chat, WhatsApp and the online portal. Access the service directly -

• Freephone UK: 0800 0318227
• WhatsApp/SMS: Text ‘Hi’ to +44 7418 360 780
• International: 00353 1518 0277
• Online platform: app.spectrum.life (password: brunelUL)

The team offers support and guidance on a range of personal, welfare, and wellbeing issues that may be impacting you, as well as signposting to internal and external services. You can also book appointments with the Counselling and Mental Wellbeing Service through this team.

3. Union Advice Service: the Union Advice Service is provided by the Union of Brunel Students. They are here to offer you free, confidential and non-judgemental support if you find yourself in a difficult situation whilst studying at Brunel. This includes if you have experienced harassment or sexual violence, or had allegations made against you.

You can also book an online appointment using the booking form. Alternatively you can call on 01895 269169, just leave a voicemail and the team will get back to you.

4. Call Brunel Security: report the incident to security on 01895 255786.

5. Call the Police: where it is considered that there is a real and immediate threat to the personal safety of any person, this should be reported to the police on 999 immediately.

6. Extenuating Circumstances: if you feel your studies have been affected by what has happened, you can consider applying for Extenuating Circumstances. Your Personal Tutor or Taught Programmes Office (TPO) will be able to provide more information.

1. Equality and Diversity Team: EDI@brunel.ac.uk.
2. Human Resources Business Partner: if you are a member of staff or manager your HR business partner will be able to identify the support that is available for you.
3. Trade Unions: three trade unions represent staff at the University Unison, Unite and UCU.
4. Line Manager
5. Staff Network Representatives - your support network (brunel.ac.uk).

1. Catch 22 Victim Services - Supports people impacted by crime and anti-social behaviour
2. Crimestoppers is a national charity with a helpline for reporting crime anonymously.
3. Galop is a national charity providing advice and support to members of the LGBT community.
4. Hope After Harm – Support to victims, offenders and families impacted by the Criminal Justice System - Provides innovative services and non-judgemental quality support to victim survivors and families involved in or impacted by criminal, civil and family justice issues.
5. The Men's Advice Line is a confidential helpline for men experiencing domestic violence from a partner or ex-partner (or any other family member).
6. Outcry Witness provides a safe, secure, and completely anonymous platform for victims of sexual violence to get information, and keep a record of their experience so that they have control over the choices they decide to make.
7. Rape Crisis is a national charity offering confidential help, advice and a range of help centres around the UK.
8. Refuge supports women and children with a range of services including refuges, independent advocacy, community outreach and cultural-specific services.
9. Safeline is a specialist sexual violence and abuse charity led by the needs of its clients.
10. Survivors UK is a national charity supporting men who have been raped or sexually assaulted.
11. The Havens are specialist centres across London where victims of rape and serious sexual assault can get support and advice. Even if you're not ready to talk to the police, the Havens can provide you with medical help and advice about your options in confidence.
12. The Survivors Trust provides specialist support for women, men and children who have survived rape, sexual violence or childhood sex abuse.
13. Victim Support is a national charity dedicated to helping anyone affected by crime - not just victims and witnesses, but friends, family and anyone else caught up in the aftermath.
14. Women's Aid is a national charity working to end domestic abuse against women and children.

Compulsory training is provided to all staff to raise awareness about what harassment and sexual misconduct means, as well as the importance of promoting and maintaining freedom of speech and academic freedom at Brunel. Sources of support for students and staff affected by harassment and sexual misconduct and details about how to report incidents is also included in this training.

Staff responsible for student and staff disciplinary investigations arising from complaints about harassment and sexual misconduct receive training on the university’s procedures; including how to ensure a fair, thorough and impartial investigation is conducted and also takes into account the need for sensitivity and an awareness of the impact on all those involved.

For those responsible for making decisions on student or staff disciplinary cases, specific training is provided on how to fairly and impartially consider cases of harassment and sexual misconduct. How to conduct panel hearings where all those involved may be present, including ensuring all parties are heard and that fair and appropriate questions are asked also forms part of this training. Information about the available penalties and how to determine what may be an appropriate outcome is also provided as part of this training, ensuring informed decisions can be made.

Where concerns of harassment or sexual misconduct are raised by students about a member of staff, the Student Complaints Officer will seek advice from the University's Human Resources Department about how to handle the concern. This may result in the investigation under the Student Complaints Procedure being paused for a period of time and the matter being referred to Human Resources for consideration under the relevant Human Resources policies and procedures, such as the Disciplinary Policy and Procedure and Disciplinary Procedure for Consultants and Job Shop Workers.

Once action and/or consideration of the matter has concluded under those procedures, Human Resources will notify the Student Complaints Officer. The Student Complaints Officer will then provide the student with an outcome to the complaint. Due to confidentiality, however, it is possible that it may not be appropriate for the Student Complaints Officer to disclose specific details regarding consideration of the matter by Human Resources and/or full details of any action taken in respect of a member, or members of staff, particularly where disciplinary action is taken.

This would be considered on a case-by-case basis to establish whether it would be appropriate to share any, or all information in these circumstances and this will be explained to you at the earliest opportunity in order to manage your expectations of the Student Complaints Procedure and to be open and transparent.

Investigations into allegations of harassment or sexual misconduct made by students or staff members against other Brunel students will usually be handled under the Non-Academic Misconduct Procedure in accordance with Senate Regulation 6.

Where a student about whom allegations are made is on a Professional Programme at the university, action may also, or alternatively be taken under the Fitness to Practise Procedure in accordance with Senate Regulation 14 - Fitness to Practise.

Under the Non-Academic Misconduct Procedure, or Fitness to Practice Procedure those affected by the harassment or sexual misconduct will be informed once the case has been concluded, however, they will not be provided with a copy of any outcome or decision made under the procedure. The extent to which they can be informed about the specific details about the outcome will be considered on a case-by-case basis to establish whether it would be appropriate to share any, or all information in these circumstances. This is because they are likely to be considered as witnesses to the alleged harassment or sexual misconduct rather than a party to the case considered under the procedure. This also means that they will not be permitted to question the student who is alleged to have carried out the harassment or sexual misconduct during any hearings held under the procedure.

Where, however, the student who is being investigated is found to have had an adverse impact on the student or staff member who was subjected to the alleged harassment or sexual misconduct, or has affected other students or staff members, then the University shall, where reasonable and practicable, consider offering an appropriate remedy for that impact.

If the student or students who were affected by the harassment or sexual misconduct are dissatisfied with the outcome of the non-academic misconduct or fitness to practice process, the University will inform them about what steps they can take. As a witness under these procedures, they cannot appeal the outcome of the process, but they may be able to make a complaint under the Student Complaints Procedure if they have concerns about how the matter was handled, or the outcome. Staff members affected by the harassment or sexual misconduct who have concerns about how the matter was handled may raise a grievance under the Grievance Policy December 2015-FINAL (1).

Investigations into allegations of harassment or sexual misconduct made by staff against other Brunel staff members will be handled under the Disciplinary Policy and Procedure or Disciplinary Procedure for Consultants and Job Shop Workers.

The University does not have to follow third party outcomes in its own decision making under the Non-Academic Misconduct Procedure and Disciplinary Policy and Procedure or Disciplinary Procedure for Consultants and Job Shop Workers, as they are independent processes. However, such outcomes may be taken into account if considered relevant.

This means that the University may take action under its internal disciplinary procedures if the Police decide not to investigate, or the Crown Prosecution Service (CPS) decides not to prosecute a potential criminal offence, and where a student or staff member is convicted or acquitted in criminal proceedings. This is because under the university’s internal disciplinary procedures, a student or staff member is not being charged with a criminal offence, the evidence that can be considered may be different, the standard of proof is different and the penalties available are different.

Although the University is not bound by the outcome of any criminal prosecution, it may at its discretion, take any penalty imposed by a criminal court into consideration in determining any outcome under its internal disciplinary procedures.

The University is not normally able to fully investigate incidents of harassment or sexual misconduct which are submitted anonymously, or where the reporting party is not willing for their details to be known by others, because this may impede the university’s ability to investigate the matter effectively, transparently, openly, and fairly. In such circumstances, where someone has reported a concern anonymously, they are unlikely to receive an individual, specific outcome regarding the concerns raised, as a full and fair investigation will not have been possible.

However, if a concern or incident is reported anonymously, it may be possible to provide general feedback to relevant parties about the issues raised, without disclosing the identity of the person who reported it. This will, however, depend on the specific circumstances of the concern and may not be possible in all cases.

Whilst reporting anonymously will not secure the same outcomes, it’s still helpful for the university in monitoring trends and patterns of repeat behavioural patterns.

Reports of harassment and sexual misconduct will be handled with an appropriate level of confidentiality and according to data protection legislation, with information released only to those who need it for the purposes of investigating the concern or incident further. No third party will be told any more about the incident than is strictly necessary in order to obtain the information required from them to conduct a full and fair investigation. The person being investigated is normally asked to respond and full details of the matter will normally be shared with them to ensure transparency and fairness.

If you have any objections to details of the concern you have raised, or any other personal details being shared with any particular member of staff, or another student, or a third party, you should make this known to the person who is investigating the matter and they will discuss with you the extent to which they can consider your case fairly, transparently and effectively in these circumstances. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised. It will be explained to everyone involved in the process that any breach of confidentiality may lead to disciplinary action.

Where reports of harassment or sexual misconduct are made to the University, it may, at its discretion and without notifying the individual who reported the matter, discuss or refer the concern to relevant third parties. This may be appropriate, for example, where a student is at immediate risk of harm to themselves or others, or to prevent a crime taking place. Relevant third parties may include the Police, employers, placement providers, sponsors, grant providers, research funding bodies or Professional Statutory and Regulatory Bodies (PSRBs).

The University will only in exceptional circumstances report an alleged crime to the Police contrary to the wishes of the reporting student, but, in deciding whether to make such a disclosure and in deciding what information to disclose, the University will consider any potential harm that the unauthorised disclosure may cause to the reporting student.

Any data collected and (possibly) shared with third parties would be held in accordance with the applicable records retention policy.

In implementing Condition E6: Harassment and sexual misconduct - Office for Students, the University must ensure that it does so in a way that respects and upholds freedom of speech. 

The Higher Education (Freedom of Speech) Act 2023 (‘the Act’) amends the Higher Education and Research Act 2017 (‘HERA’) to strengthen the legal requirements placed on universities relating to freedom of speech and academic freedom. The Act protects free speech within the law. It does not protect unlawful speech. The Act requires universities to take reasonably practicable steps to secure free speech within the law for their students, staff and members and for visiting speakers. It also requires them to maintain a free speech code of practice and to promote the importance of freedom of speech within the law and academic freedom in the provision of higher education.

The Office for Students (OfS) has also published Regulatory advice 24: Guidance related to freedom of speech which clarifies the legal position for universities.

The University has published a statement relating to freedom of speech and academic freedom: Freedom of speech statement | Brunel University of London. This makes clear that the University will support freedom of speech that may be controversial or unpopular or that may shock, offend or disturb, but it will not support unlawful speech, which for example, may incite violence, incite hatred on grounds of a protected characteristic, amount to a terrorism related offence or cause harassment, alarm or distress contrary to the law. contrary to the law. Free ‘speech’ includes written materials and other forms of expression. It is not limited to the spoken word.

All University staff, members, students, visiting speakers and people invited or being lawfully present on university premises will at all times assist the University in upholding the free speech principles of the Freedom of Speech statement within the University.

The University’s approach to Freedom of Speech ensures that it upholds its duties to take reasonably practicable steps to secure and promote freedom of speech within the law. This includes placing significant weight on the importance of 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. This means that students being exposed to any of the following is unlikely to amount to harassment:

• the content of programme materials, including but not limited to books, videos, sound recordings, and pictures; and
• statements made and views expressed by a member of staff, another student, or third party as part of teaching, research or discussions about any subject matter which is connected with the student’s programme of study at Brunel.

The Office for Students does not currently have a direct role in dealing with disputes between individuals and universities about free speech or other matters. However, students and staff can raise a notification with the Office for Students if they think that a university is not meeting its conditions of registration, including those relating to free speech and academic freedom. More information can be found at: Raising concerns about free speech - Office for Students