Harassment and Sexual Misconduct
Myerscough College and University Centre aims to ensure that everyone here has a sense of belonging, feels safe and can always expect respect.
It is important to us that our community can fulfil their potential without fear of harassment, sexual misconduct, abuse, coercive behaviour or related misconduct.
Any form of harassment or sexual misconduct is unacceptable and we will continue to work to prevent and respond to any incidents.
We understand that incidents of harassment and sexual misconduct occur across society, including college and university settings. This webpage summarises our approach, policies and procedures related to harassment and sexual misconduct.
Everyone must feel able to report incidents of harassment and/or sexual misconduct without fear of recrimination, and to access support. We will support those who do report, as well as those who are reported, to ensure that our university is a safer place to live, work and study.
What is harassment?
Harassment encompasses unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This includes sexual harassment, and sexual misconduct which is defined as any unwanted or attempted unwanted conduct of a sexual nature.
Harassment is defined by using both the Equality Act 2010 (Section 26) and the Protection from Harassment Act 1997 (Section 7).
Harassment is unwanted physical, verbal or non-verbal conduct which may (intentionally or unintentionally) violate a person’s dignity or create an intimidating, hostile, degrading, humiliating or offensive environment which interferes with an individual’s learning, working or social environment. Harassment often involves repetitive actions or behaviours that violate a person's dignity or create a hostile atmosphere.
Harassment may involve sexual harassment or be related to a protected characteristic such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Signs of harassment can include, for example:
- Unwanted physical conduct or ‘horseplay’, including touching, pushing, grabbing, brushing past someone, invading their personal space.
- Persistently asking to hang out even after someone has said no.
- Sharing images or materials that could be considered offensive.
- Making offensive comments or jokes about a person’s disability, sex, ethnicity or religion.
- Deliberately ignoring or excluding someone from a conversation or group.
- Up-skirting - taking pictures or videos under someone’s clothes without their knowledge.
Signs of online harassment can include:
- Cyber stalking - repeatedly messaging or spying on someone online to intimidate them.
- Spreading lies - posting or sending harmful and false things about someone.
- Exposing someone - sharing someone else’s private information without their permission.
- Excluding someone - from group chats or online activities to make them feel left out.
- Image-based sexual abuse - posting someone's intimate photos or videos online without their permission, often known as 'revenge porn’.
- Internet pile-on - when people are encouraged to target one person and send them mean and overwhelming messages.
- Impersonation - pretending to be someone else online.
- Trolling - sending or posting nasty or controversial messages or comments to make people angry and start fights online.
Some forms of harassment are considered a hate crime or incident.
What is sexual misconduct?
Sexual misconduct is any type of sexual activity or contact that a person does not consent to. It can involve manipulation, pressure, bullying, coercion, intimidation, deception, threats or force.
Sexual misconduct covers a broad range of unwanted or attempted unwanted conduct of a sexual nature and includes, but is not limited to:
- Sexual harassment: Sexual harassment is any unwanted behaviour of a sexual nature that makes someone feel upset, scared, offended or humiliated.
- Sexual assault: Sexual assault happens when someone either touches another person in a sexual manner without consent or makes another person touch them in a sexual manner without consent. It includes unwanted kissing and the touching of someone's genitals, breasts or bottom.
- Rape: The legal definition of rape in England and Wales is when someone intentionally penetrates another person's vagina, anus or mouth with their penis, without that person's consent. This includes if:
- two people are in a relationship.
- the other person consented to one type of penetration ((e.g. vaginal or oral sex), but not another (e.g. anal sex).
- Someone removes a condom without the other person’s permission – or lies about putting one on. This is commonly known as ‘stealthing’.
Other examples of sexual misconduct can include stalking, assault by penetration, indecent exposure (also known as flashing), voyeurism (watching someone doing a private act without their consent) catcalling, groping, drugging, sexual comments, non-consensual sharing of sexts and nudes and sexual exploitation.
What is consent?
It’s important that everyone involved in sexual activity is consenting at all times. To consent to taking part in a sexual activity, an individual needs to have freedom, choice and capacity.
Freedom
If someone is being bullied, manipulated, scared or threatened into sexual activity, they do not have the freedom to consent. Threats can be both physical and verbal, for example threatening to break up with someone if they do not want sex. Consent cannot be assumed based on a lack of verbal or physical resistance, and is not present where there is coercion, force, threat, intimidation or where there is the exploitation of a power imbalance.
Choice
Everyone has the right to make their own choices about their sexual experiences, including the right to choose what type of activity they engage in and to change their mind at any time. This is fundamental to responsible and respectful sexual interaction.
Capacity
Someone who is below the age of consent, is asleep or unconscious, or is not aware of what is going on does not have capacity to consent to sexual activity. Alcohol and drugs can impair a person's judgment and decision-making abilities. If someone is so intoxicated that they cannot understand what is happening or cannot communicate their consent, then they cannot legally consent.
In each UK nation, the age at which people can legally consent to sexual activity (also known as the age of consent) is 16 years old. This is the same regardless of the person's gender identity, sexual identity and whether the sexual activity is between people of the same or different gender.
Reporting issues and concerns
We believe that harassment, sexual misconduct, bullying, domestic abuse, hate crime and discrimination are never okay. We also believe that help to tackle issues and break through barriers can make all the difference.
If you or someone you know has experienced or witnessed an incident of concern, there are several ways you can share this information with us.
If you feel you are at immediate risk of harm from yourself or someone else, please do not hesitate to access external emergency support services. Please call 999 and speak with Emergency Services.
It is your choice whether to make a formal report to Myerscough, the police or both. Whatever your decision, your choice will be respected, and you can access support from our specialist team of advisors.
In extremely exceptional circumstances we may need to consider reporting directly to the police or other local authorities, particularly if there are wider safeguarding concerns to consider, we will always endeavour to liaise with you prior to making any direct referrals.
Students can reach out for support at Myerscough by emailing [email protected] to request support. Or get in touch with the Counselling, Mental Health and Wellbeing team at College by:
- Attending Student Support in The Core, 10am - 5pm, Monday to Friday
- Calling 01995 642348
- Completing the online counselling self-referral form on the mental health and welfare page
- Contacting Security outside of normal opening hours on 07741 324416.
- Residential students can speak to a Residential Support Officer 24 hours a day on 07889 754287