1. Behaviour

Behaviour

1.1 Code of Conduct

The University welcomes a diverse community of students and staff and embraces equality, dignity and shared mutual respect, in a positive, inclusive environment where all can feel valued, supported and safe. 

We want to create an environment that is free from sexual misconduct, harassment, discrimination, victimisation and abuse. This behaviour will not be tolerated. We actively encourage students who experience or witness any form of this behaviour to report it.

We expect the following standards of behaviour from students:

• To treat all members of the university community with respect and dignity.
• To behave responsibly, including when using social media and digital platforms.
• To act with honesty and integrity.
• To be good citizens when living within local communities.
• To be mindful of differences in backgrounds, beliefs, and perspectives.
• To respect differences of opinion, including rights of free speech and academic freedom within the law.
• To abide by the law, University Regulations, Policies and Procedures.

Expectations of behaviour apply equally whether you are onsite, away from the University, or online.

We expect all students to cooperate throughout any proceedings including attendance at meetings, act honestly and fairly, observe the requirements for confidentiality and treat processes with respect. 

1.2 Misconduct

We define misconduct as behaviour which does not meet the expectations set out above. This includes (but is not limited to):

• Incidents of sexual misconduct, harassment, discrimination or victimisation (see sections 1.6 for definitions) which affect one or more of our students or staff.
• Actions designed to verbally or physically harm, threaten, intimidate, abuse or coerce one or more of our students or staff (e.g. threatening messages, bullying, initiation style activities).
• Actions that are motivated by hostility or prejudice (hate crime).
• Actions which damage the University’s reputation and relationships with local communities, partners and accommodation providers (e.g. anti-social behaviour, dismissal from placement).
• Failure to abide by university regulations, policies or procedures or comply with reasonable requests from members of staff.
• Actions which result in a criminal conviction.
• Actions designed to cause disruption to university operations or procedures.
• Actions intended to deceive, impersonate or falsify documentation.
• Actions designed to damage university or personal property.
  
  
  

1.3 The Equality Act 2010

 The Equality Act (2010) provides the legal framework that protects people against harassment, discrimination and victimisation. The following characteristics (known as 'protected characteristics') are protected by the Act: Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief (which includes philosophical belief and lack of belief), Sex and Sexual orientation. 

The definitions of harassment, discrimination and victimisation under the Act, together with the definitions of other types of misconduct and referred to in section1.2, can be found in section 1.6.

1.4 Freedom of Speech

The university is committed to securing free expression and academic freedom within the law for its members, students, staff and visiting speakers. These Regulations will be interpreted and applied in a manner compatible with the Universities Freedom of Speech Code of Practice .

Students have the right to express their views, opinions, and beliefs, including those that may be controversial or unpopular, without fear of censorship or disciplinary action. This right extends to verbal, written, and symbolic speech and any speech in any form of media which is conducted in a lawful manner.

In applying its Regulations, Policies and Procedures, the University will have particular regard to, and place significant weight on the importance of freedom of speech within the law, academic freedom and tolerance for controversial views in an educational context and environment.  This includes applying a rebuttable presumption that students being exposed to the content of course materials, and statements made and views expressed as part of teaching, research or discussions about any subject matter connected with the content of a course is unlikely to amount to harassment. 

However, freedom of speech does not include the right to act unlawfully including to harass, threaten, or incite violence against others. As such, while students are encouraged to engage in open dialogue and the exchange of ideas (including on controversial areas), and be tolerant of the views of others, they are also expected to exercise this freedom lawfully, responsibly and with respect for the rights and safety of others.

1.5 Disagreements

Students are expected to take personal responsibility for maintaining positive relationships with other students. Minor disagreements, personal differences, or breakdowns in relationships will not be addressed through this procedure unless there is clear evidence of behaviour that breaches this student code of conduct. Examples that would not normally be addressed within this procedure include (but is not limited to):

• Disputes between housemates over living arrangements.
• Private financial arrangements or disputes between students.
• Conflicts arising within personal relationships or friendship.
• Differences of opinion or views expressed during classroom discussions.
• Disagreements related to extracurricular activities, including committees, societies and clubs.

1.6 Definitions

Bullying has no legal definition but it can be described as unwanted behaviour from a person or group that is offensive, intimidating, malicious, insulting, undermines, humiliates, or causes physical or emotional harm to someone. It can therefore take place verbally, physically or online (including social media). Key characteristics of bullying tend to be that it is repeated over time and that there exists an imbalance or abuse of power. In determining whether behaviour amounts to bullying, the University will take into account its duties to secure freedom of speech and academic freedom. 

Discrimination 

Discrimination is unlawful under the Equality Act 2010 and includes: 

Direct Discrimination which is where because of a protected characteristic a person is treated less favourably than others are treated. Direct Discrimination can also arise where a person is treated less favourably because they are perceived or thought to have a protected characteristic even if they do not (Discrimination by perception); or because although they do not have a protected characteristic, they have an association or connection with a person who does (Discrimination by association). 

Indirect Discrimination which is when a working practice, policy or rule is the same for everyone but which puts or would put people with a protected characteristic at a particular disadvantage in comparison to others. Under the law indirect discrimination might be justified if it is a proportionate means of achieving a legitimate aim. 

Harassment  
Harassment is unlawful under the Equality Act 2010.  

Harassment related to a relevant protected characteristic is unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. It is not necessary for the person to object to the conduct for it to be unwanted. Harassment can occur even if this was not the intention.  

Sexual harassment is unwanted conduct (verbal, non-verbal or physical conduct) of a sexual nature which has the purpose or effect of violating a person’s dignity or subjecting them to an intimidating, hostile, degrading, humiliating or offensive environment. It is not necessary for the person to object to the conduct for it to be unwanted. Harassment can occur even if this was not the intention. An individual can experience sexual harassment from someone of the same or different sex, and sexual conduct that has been welcomed in the past can become unwanted.  

Harassment and less favourable treatment is unwanted conduct of a sexual nature or that is related to the protected characteristics of gender reassignment or sex, which has the purpose or effect of violating a person’s dignity or subjecting them to an intimidating, hostile, degrading, humiliating or offensive environment; and because of the person’s rejection or submission to the conduct, they are treated less favourably than they would have been treated had they not rejected or submitted to the conduct.  

In deciding whether conduct has the effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the person, the following must be taken into account the perception of the person subjected to the conduct; the other circumstances of the case; whether it is reasonable for the conduct to have that effect.  

Harassment (including sexual harassment), under the Equality Act, can be a one-off event and does not need to be directed at a person. It can be witnessed or overheard. Conduct that has been tolerated in the past can become unwanted.  

In determining whether behaviour amounts to harassment, the University will take into account its duties to secure freedom of speech and academic freedom.  

In some cases, harassment (including sexual harassment) can amount to a criminal offence under the Protection from Harassment Act 1997.  To be an offence there must be a course of conduct (which includes speech and on at least two occasions), which causes alarm or distress of another and which the person engaged in the conduct knows or ought to know that their course of conduct amounts to harassment of the other person.  The test is an objective one based on whether a reasonable person, in possession of the same information as the person engaged in the conduct, would think the course of conduct amounted to harassment of the other. 

Some forms of harassment are considered a hate crime. A hate crime is any act of violence or hostility against a person or property that is motivated by hostility or prejudice due to a particular protected characteristic.  

Any crime can be prosecuted as a hate crime if the offender has either:  

demonstrated hostility based on race, religion, disability, sexual orientation or transgender identity  

Or  

been motivated by hostility based on race, religion, disability, sexual orientation or transgender identity  

The police and the CPS have agreed the following definition for identifying and flagging hate crimes:  

"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity." 

There is no legal definition of hostility so we use the everyday understanding of the word which includes ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment and dislike. 


Sexual Misconduct 
We define sexual misconduct as any unwanted or attempted unwanted conduct of a sexual nature and includes, but is not limited to sexual harassment, sexual assault and rape.  

Where conduct does not fall squarely within the examples in the paragraph above, that conduct may still amount to sexual misconduct under this definition where it is unwanted or attempted unwanted conduct of a sexual nature. 

Sexual Assault  
Sexual assault is defined in the Sexual Offences Act 2003 as:  

(1)  A person (A) commits an offence if they intentionally touches another person (B),  the touching is sexual, B does not consent to the touching, and A does not reasonably believe that B consents.  Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. 

Stalking  
Stalking is a criminal offence under the Protection from Harassment Act 1997.  For the offence to be committed a person's course of conduct must amount to the offence of harassment (under Section 1 of the Act), the course of conduct involved must be ones associated with stalking, and  the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.  

The following are examples of conduct which, in particular circumstances, are ones associated with stalking:  

(a)following a person, (b)contacting, or attempting to contact, a person by any means, (c)publishing any statement or other material—(i) relating or purporting to relate to a person, or (ii)purporting to originate from a person, (d)monitoring the use by a person of the internet, email or any other form of electronic communication, (e)loitering in any place (whether public or private), (f)interfering with any property in the possession of a person, (g)watching or spying on a person. 

Victimisation  
Victimisation is unlawful under the Equality Act 2010.

It is where someone suffers a detriment i.e. is treated less favourably because they have done or may do a protected act. A protected act includes:  

bringing proceedings under the Equality Act;  
giving evidence or information in connection with proceedings under the Equality Act;  
doing any other thing for the purposes of or in connection with the Equality Act;  
making an allegation or complaint that a person has acted in breach of the Equality Act.  

Protected acts will therefore include, and so protect individuals who make a report, allegation or complaint of Discrimination, Harassment or Sexual Harassment.