Sexual Harassment and Sexual Misconduct Policy and Procedure

1. Purpose

0. 1. The purpose of this policy is to:
1. Foster a positive environment, emphasising fairness and respect for all individuals.

2. Explicitly inform that sexual harassment and sexual misconduct are contrary to the College’s ethos, values, and mission, and such behaviours are not acceptable.

3. Establish a ‘Support Framework’ for staff and students who have been subject to or have witnessed sexual harassment and sexual misconduct.

4. Signpost staff and students to the reporting mechanisms and ensure that complaints are addressed in a timely way.

2. Scope

1. 1. This policy applies to all individuals associated with the ICON College, including staff, students, visitors and contractors.

1. 2. All staff and students have a right to complain if they believe that they are being, or have been, subjected to sexual harassment or sexual misconduct in the course of their work or study at ICON College.

1. 3. If a responding student withdraws during the course of a College investigation or during provisional action, or if a withdrawal is enforced, the College investigation will cease as they are no longer a registered student. Should a reapplication be received, the College investigation will be reopened.

1. 4. Where a responding staff member resigns during the course of a College investigation or during provisional action, the College investigation will cease, as they are no longer an employee of the College.  

3. Definitions

1. Sexual Misconduct

‘Sexual misconduct’ means any unwanted or attempted unwanted conduct of a sexual nature. Sexual misconduct can occur through any medium, including online.

(Appendix-1 Examples of sexual misconduct)

Sexual Harassment:

Sexual harassment is not a criminal offence under English law, but behaviours aligning with it are addressed under section 3.1 Sexual Misconduct. When touching is involved, such as unwanted physical advances or inappropriate touching, it may intersect with sexual offences in criminal law, The College follows the Equality Act (2010) (S26) considering sexual harassment as part of sexual misconduct under this policy. Racialised sexual harassment, such as harassment that includes racial stereotypes or fetishisation, is also prohibited under this policy.

1. Consent

Section 74 of the Sexual Offences Act (2003) defines consent as ‘if (s)he agrees by choice and has the freedom and capacity to make that choice’.

Consent is the agreement to participate in a sexual act where the individual has both the freedom and capacity to make that decision. Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and consent may be withdrawn at any time.

1. Members of the College

Current members of staff, members of the Board of Governance and registered students at the College.

1. Visitor

Any person present on College premises.

1. Reporting Party

The individual who has made the allegation of alleged (or criminally proven) sexual misconduct and reports it to the College.

1. Responding Party

The individual alleged to have committed sexual misconduct (or has been found guilty of an offence of this nature in a court of law) by the Reporting Party.

• Supporter

• The supporter’s role is to observe and provide moral support. They cannot ask questions, interpret responses, or speak on behalf of the student.
• Where a ‘supporter’ is referenced in the procedures, that person should be a current member of staff, or a current registered student at the College.
• The student with additional needs may be accompanied by a supporter, if requested.
• The College asserts that hearings are internal proceedings and the attendance of a legal practitioner is prohibited.

 

4. Reporting Mechanisms + Support

1. 1. Informal Resolution

An individual affected by sexual harassment or sexual misconduct may initially consider pursuing an informal resolution. This may involve having a direct conversation with the individual responsible for the unwanted behaviour, provided that the affected individual favours this approach and feels safe to proceed, or alternatively, seek mediation.

1. 2. Support Available

1. 1. 1. Internal Support: The College is committed to providing support to the members of the ICON College affected by sexual harassment and sexual misconduct.

1. The staff members can seek advice on informally resolving issues from their line manager.

2. The students can seek advice on informally resolving issues of sexual harassment and sexual misconduct from either their personal tutors or the Student Welfare Officer, Ms Elle Morris (Email: Danielle@iconcollege.ac.uk )

1. 1. 2. External Support: The College has partnered with the “Private Therapy Clinic” to provide counselling services for both staff and students. As part of this initiative, individuals will initially have access to six one-hour sessions of Cognitive Behavioural Therapy (CBT). If needed, this can be extended to up to ten sessions, subject to approval by a designated College representative. The contact details of the clinic are as follows

Website: https://theprivatetherapyclinic.co.uk

Email: info@privatetherapyclinic.com

Freephone: 08003688098

(Further details are available in ICON College Student Counselling Service Brochure)

5. Formal Complaints

1. 1. All complaints should be made in writing and should set out full details of the conduct in question, including references to specific information such as dates, times, and potential witnesses where possible.

1. 2. All reports of sexual harassment and sexual misconduct will be investigated fairly and impartially under the relevant procedure. This includes providing both the Reporting and the Responding parties the opportunity to present their accounts and any supporting evidence.

1. 3. The Staff Disciplinary Procedure listed in the Staff Handbook, and/or the Student Disciplinary Procedure listed in the Student Handbook, will be followed to address the written complaints, as applicable.

(Further Details: Staff Disciplinary Procedure, Student Disciplinary Procedure)

1. 4. Confidentiality will be maintained in dealing with the cases of alleged unacceptable behaviour. The Reporting Party, the Responding Party and the staff handling the complaint will only divulge information to relevant people on a ‘need-to-know’ basis to ensure the safety and well-being of the individuals involved.

1. 5. The College ensures compliance with the General Data Protection Regulation (GDPR) and Data Protection Act (2018) throughout all proceedings.
   6. If an individual believes that a criminal offence has occurred and decides to report the matter to the police, then the College will pause its investigation until all police inquiries and criminal proceedings have been completed. Whilst the police are conducting the investigation, the College will implement precautionary measures to prevent any other students or staff members from having contact with the Responding Party.

6. Review of the Policy

1. 1. The policy will be reviewed as and when necessary.  

Appendix-1

Examples of sexual misconduct may include, but are not limited to:

• Sexual harassment (as defined by Section 26(2) of the Equality Act 2010)
• Unwanted conduct which creates an intimidating, hostile, degrading, humiliating or offensive environment (as defined by the Equality Act 2010)
• Assault (as defined by the Sexual Offences Act 2003)
• Rape (as defined by the Sexual Offences Act 2003) v. Physical unwanted sexual advances (as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017)
• Intimidation, or promising resources or benefits in return for sexual favours (as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017)
• Distributing private and personal explicit images or video footage of an individual without their consent (as defined by the Criminal Justice and Courts Act 2015)
• Image-based sexual abuse (also known as ‘revenge pornography’) recording or sharing sexual or intimate photos or videos, without the consent of the person pictured.
• Stalking: persistent, unwanted communication or behaviour intending to frighten, intimidate or harass someone such as repeatedly following them.
• Cyberstalking: repeated and deliberate use of the Internet and other electronic communication tools to engage on persistent, unwanted communication intending to frighten, intimidate or harass someone, or to spy on someone.
• Relationship abuse: Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those who are, or have been, intimate partners. This may include psychological, physical, sexual, financial and/or emotional abuse.
• Retaliation: Any adverse actions against another person, including, but not limited to, harassment, threats, intimidation or coercion, made in response to someone disclosing or reporting any form of sexual misconduct.
• Showing sexual organs to another person(s) without their consent.
• Upskirting and down-blousing: filming or photographing under a person’s clothes without their consent to capture images of their body or underwear.
• Arranging or participating in events which may reasonably be assumed to cause degradation and humiliation to those who have experienced sexual violence. For example, inappropriately themed social events or initiations.
• Spiking: the act of surreptitiously adding a substance, usually a drug or alcohol, to someone’s drink or food without their knowledge.

(The Policy is currently under revision)

Uploaded Date: 24/07/2025