Preventing and Addressing Harassment and Sexual Misconduct

The below information shows a summary and examples of behaviours relating to key terms for tackling harassment and sexual misconduct.

Harassment is prohibited by law and is defined as any unwanted sexual conduct, activity or behaviour with the purpose of:

1. violating someone’s dignity, and/ or
2. 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 or sexual orientation

Sexual Harassment

Any unwanted sexual conduct of a sexual nature including activity or behaviour and can involve different types of communication including face to face, telephone, written or digital platforms, including emails, text messages, or visual images (such as sexually explicit pictures or image based sexual abuse. It may be an isolated or series of incidents and includes both intentional or non-intentional conduct that is unwanted and/or causes distress, humiliation or is offensive to the victim or those witnessing such activity.

Sexual Misconduct

Sexual misconduct is any unwanted or non-consensual conduct of a sexual nature. 

Stalking

Stalking is following someone or forcing unwanted contact on them either physically or via social media and/or controlling behaviour. Such behaviour can restrict a victim’s freedom as a consequence and make them distressed or scared. There are many ways of stalking someone and stalkers are typically someone who is already well- known to their victim such as a former partner or colleague.

Abuse of Power

When a staff member uses their position of authority to influence or coerce a student, especially in the context of personal or intimate relationships.

• Offering better grades in exchange for romantic or sexual favours
• Threatening negative academic outcomes if advances are rejected

Consent

Consent is the agreement to participate in a sexual act where the individual has both the freedom and capacity to make their own choice. 

Consent is the agreement to participate in a sexual act where the individual has both the freedom and capacity to make their own choice.

Further examples can be found within the Istituto Marangoni London Preventing and addressing Sexual Harassment and Misconduct Policy here  or can be located on the Office for Students website.

We encourage all our students, members of staff and tutors to inform us if they have experienced harassment (disclosure) or witnessed harassment (reporting), including sexual harassment or misconduct.

The School encourages the use of the Report and Support tool as the first point of contact. If you do not wish to use the Report and Support Tool, there are other ways to raise a concern; this can be through the Student and Academic Services Manager, your Line Manger or another member of staff.

Upon receiving a disclosure or a report, our first priority is to give you access to a trained adviser and support your need including specialist services such as counselling and/or those provided by external organisations. We will discuss these options with you at the time.

Further details on disclosing or report sexual harassment and misconduct can be found under Section 8 and 9 of the Preventing Sexual Harassment and Sexual Misconduct Policy and the Student Code of Conduct and Disciplinary Procedure.

Students and staff can disclose how they have been affected by harassment and sexual misconduct using the School’s Report and Support Tool. You can choose to do this anonymously or request support from a trained advisor. Advisors will explain your options in confidence and help you access appropriate support. 

If students would like access to our professional counsellors directly, they can make an appointment with them or contact the Student and Academic Services team to arrange this on their behalf.

Further details on these services, including mental health and wellbeing support and access to trained mental health first aiders are also available on the Student, Staff and Tutor Hub.

External Support

We can signpost and refer students to a range of specialist external organisations including:

• The Survivors Trust   
• Rape Crisis: 24/7 Rape and Sexual Abuse Support Line 
• Tower Hamlets Support Services for Sexual Abuse
• The Havens
• Galop
• Safeline
• Sexual Assault Referral Centre
• Victim Support

Members of staff can seek support via the Employee Assist Programme and also have access to our trained mental health first aiders.

Any investigation of sexual harassment or misconduct against or by a student will be considered in accordance with the Preventing and Addressing Sexual Harassment and Sexual Misconduct Policy and Student Code of Conduct and Disciplinary Procedures.

Any investigation of sexual harassment or misconduct by a member of staff will be considered in accordance with the Disciplinary Procedures within the Employee Handbook, including Relationship between Staff and Students Policy . Any member of staff experiencing or witnessing sexual harassment or misconduct by a member of staff should invoke the grievance procedures outlined in the Employee Handbook or utilising the Report and Support Tool.

In response to the new condition of registration we are launching student training on sexual harassment, sexual misconduct and consent that will be mandatory for all our students as part of their induction and/or re-enrolment.

All members of staff including contract tutors receive awareness raising and training on what constitutes sexual harassment and sexual misconduct, how to be an active bystander and responding to a disclosure. Specific training is also provided to staff in specialist roles and anyone involved in conducting investigations or disciplinary hearings relating to sexual harassment or sexual misconduct.

Confidentiality is of the utmost importance when dealing or responding to disclosures or reports of sexual harassment and misconduct. We will only forward information to relevant people on a strictly ‘need to know basis’ or where there is a requirement to involve external agencies for example such as criminal activity or where maintaining confidentiality might pose a serious risk to the victim or other people.

Further information including how we retain and record personal data is explained in out Preventing and Addressing Sexual Harassment and Sexual Misconduct Policy and our Data Protection Policy.

Positive professional relationships between members of staff and students are an essential part of supporting our students’ educational development and ensuring their welfare whilst at the School. However, when relationships between staff and students become personal in nature, they may lead to actual or perceived imbalances of power or authority, accusations of bias or exploitation, and questions about the nature of consent. This can undermine trust and confidence in the academic process, impair academic progress and negatively affect the welfare of the student.

To provide a positive, safe and supportive learning and working environment, the School prohibits all staff from pursuing or entering into a personal relationship with any student for whom they have any direct or indirect academic responsibilities, or other direct professional responsibilities, as set out in the School’s Relationship between Staff and Students Policy.  

IML takes positive steps to protect students and staff from Sexual Harassment and Sexual Misconduct as part of its overall ethos in promoting and maintaining an inclusive respectful community. This includes the following:

• Maintaining the single source of information on how we prevent and address sexual harassment and sexual misconduct in an accessible and prominent place on our website, ensuring all students have access and are clearly signposted to it and are educated on it.
  
  
• Having a clear policy framework for Preventing and Addressing Sexual Harassment and Misconduct including consistent and dedicated policies for students and members of staff and tutors, which can be found here or on the Student, Staff or Tutor Hub.
  
  
• Adopting a preventative approach that is integral to our overall approach set out in our policy and related policies, being clear about our expectations of behaviour, providing clear and accessible processes for disclosing, reporting and investigation supported by mandatory training and awareness raising.
  
  
• Monitoring the effectiveness of our policies and processes in response to student and staff feedback, any casework data and recognised good practice and reporting annually to both the Academic Board and Board of Directors on the effectiveness of the implementation of our policy and processes and any recommendation for improvement.

Istituto Marangoni London will not enter into and prohibits the use of Non-disclosure Agreements (NDA’s) on the basis of allegations against sexual harassment or sexual misconduct.

• Student Code of Conduct and Disciplinary Procedures - defines clear expectations for student conduct to support a safe and inclusive learning environment. It also outlines the process for investigating breaches and are used to determine whether a student has committed a disciplinary offence.
  
  
• Dignity at Work and Study Policy - a clear framework to challenge and address all forms of bullying, harassment, discrimination and victimisation, ensuring these behaviours are identified, reported and resolved.
  
  
• Relationship between Staff and Students Policy - sets out the guidelines, regulations and process around disclosing personal relationships between staff and students and how the School manage this.
  
  
• Staff Disciplinary Procedures, found within the Employee Handbook - outlines the process for investigating breaches and are used to determine whether a staff has committed a disciplinary offence.
  
  
• Staff Grievance Procedures, found within the Employee Handbook - provides a mechanism for any staff member to formally raise a work related concern without any detriment to their position with the School.
  
  
• Equality, Diversity and Inclusivity Policy - outlines the School’s commitment to fostering an inclusive, respectful and supportive environment for all members of its community, promoting equality of opportunity and eliminating discrimination across all protected characteristics under the Equality Act 2010.
  
  
• Code of Practice and Freedom of Speech - provides a framework to uphold lawful freedom of speech and academic freedom in accordance with OfS and legislative requirements, while ensuring the safety, dignity and respect of the university community.
  
  
• Student Complaints Policy - outlines the mechanism through which students can raise concerns about any aspect of their experience, ensuring fair and timely resolution.
   
• Safeguarding Policy and Procedures - details the School’s responsibilities for promoting the welfare of young people, and vulnerable adults, in accordance with statutory duties and OfS expectations.