Harassment and Sexual Misconduct

The College and Navitas are committed to providing a safe, inclusive and respectful environment for all members of its community, and to responding to sexual misconduct in a trauma-informed and procedurally fair way. Acts of sexual misconduct, harassment and assault, including gender-based harassment or violence, are always unacceptable and will not be tolerated.

This webpage contains all the information you need regarding harassment and sexual misconduct and follows the guidance of the higher education regulator and various legal standards. You will also find a link to this page in your student handbook once you have enrolled as a student at the College.

Throughout, we will guide you to the relevant information you may need and link you to areas of further support and guidance.

Harassment is unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment as defined by the Equality Act 2010. This includes harassment by association or perception.

Further definitions and examples of harassment can be found in our Harassment Policy (QS13a).

Sexual Misconduct relates to any unwanted or attempts at unwanted conduct of a sexual nature. This includes sexual harassment which is unwelcome conduct of a sexual nature towards another person which could reasonably be expected to make that other person feel offended, embarrassed, humiliated or intimidated.

Further definitions and examples of sexual misconduct can be found in our Sexual Misconduct Prevention and Response Procedure for Students.

• Sexual Misconduct Prevention and Response Policy
• Harassment Policy

We have created our harassment and sexual misconduct policies in consultation with student representatives and using the content of various legal standards and regulatory guidance.

Our policies apply to all employees, students, service providers, clients, customers, contractors and any visitors when they are engaged in the College or Navitas related activity or at a facility operated by Navitas.

Our procedures have been prepared to support students who may be the victim of an incident of harassment or sexual misconduct. It outlines examples of what constitutes harassment and sexual misconduct, what we do to protect students, and more essentially how to report a concern or incident of harassment and sexual misconduct.

Our procedures can be found here:

• Harassment Policy
• Sexual Misconduct Prevention and Response Procedure for Students

The College and Navitas are committed to ensuring all persons affected by harassment and/or sexual misconduct, including Disclosers, Victims, Bystanders, Respondents and Alleged Perpetrators, are referred to appropriate support groups and services.

Speaking to someone about a concern or incident: Within the College we have trained individuals who can support you. Whether to give you information on reporting options or further support available so that you can make an informed decision on what happens next.

The College Student Services team members who are available for students that wish to speak to a trained member of the College, in confidence, are:

• Marianna Maddaloni
  College Welfare Officer
  Harassment and Sexual Misconduct Responder (HSM-R)
  Email: Marianna.Maddaloni@arucollege.com
  Telephone: 07918 421155
• Amy Lewin
  College Safeguard Officer (SO)
  Harassment and Sexual Misconduct Responder (HSM-R)
  Email: Amy.Lewin@arucollege.com
  Telephone: 07469 393152
• Maxine Carrillo
  College Designated Safeguarding Lead (DSL)
  Harassment and Sexual Misconduct Investigation Officer (HSM-IO)
  Email: Maxine.Carrillo@arucollege.com
  Telephone: 07771764439

If you wish to report an incident without speaking to an advisor (anonymously), please use the reporting in the ‘How to report a concern or incident of harassment and/or sexual Misconduct’ below.

A range of support is available within and outside the College for students and staff who have experienced harassment and/or sexual misconduct.

Below is a list of national organisations and charities that may be able to support you:

• Police England and Wales and Police Scotland – Practical information about reporting incidents and the police force in your area.
• Citizens Advice – Citizens Advice has more information about what you can do if you’ve experienced, or know someone who has experienced, a hate incident or crime.
• Rape Crisis England and Wales and Rape Crisis Scotland – Rape Crisis can help you find a Rape Crisis Centre, get online emotional support, or find information and self-help tools.
• NSPCC Abuse in Education helpline – Provides victims of abuse with the appropriate support, advice and onward action, including on contacting professionals or the police if they wish.
• TellMama – TellMama offers a secure service that allows people from across the UK to report any form of anti-Muslim abuse.
• Disability Rights UK – Disability Rights UK has a disabled students’ helpline, providing advice to disabled students studying in England. They also campaign to improve disabled people’s rights and to tackle hostility, bullying and hate crime.
• Community Security Trust – The Community Security Trust is a charity that protects British Jews from antisemitism.

Any student or bystander who experiences or witnesses’ harassment and/or sexual misconduct is encouraged to make a disclosure or formal report.

In considering the wellbeing of a person involved in a disclosure of harassment and/or sexual misconduct, the College or Navitas will consider all implications with regards to that person participating in potential reports and/or misconduct processes and investigations. These implications will be balanced against the College or Navitas’s obligations to address the possible misconduct and to provide a safe environment and workplace.

What is a Disclosure: The provision of information to the College or Navitas about a person’s experience of harassment or sexual misconduct. The Discloser may not necessarily want the College or Navitas to investigate or to take any specific action in response to the alleged incident.

What is a Formal Report: A complaint of harassment or sexual misconduct by a person. This requires the College or Navitas to take steps beyond the offer and provision of support services, including (without limitation) the commencement of an investigation and/or a disciplinary process in appropriate circumstances in response to the alleged incident.

All disclosures will be reviewed by an appropriate staff member to assess whether a further investigation is required, and all formal reports will be followed up by an investigation.

The College has several ways to report an incident.

Report in person

Report an incident to any member of staff in person or ask to speak to a trained advisor (Harassment and Sexual Misconduct Responder (HSM-R)).

Report online

publicly available Donesafe portal

Report directly through our disclosure reporting system.

Report anonymously (online)

publicly available Donesafe portal or

Whispli whistleblower platform

Report anonymously through our disclosure reporting system or our whistleblowing platform.

Ensuring confidentiality is a key principle in creating an environment and culture where survivors feel safe to disclose and seek support or accommodation (academic or other). The College and Navitas are committed to ensuring such an environment and culture exists. As such, all members of the College and Navitas community who receive a disclosure of harassment or sexual misconduct, or who are involved in addressing or investigating it, must keep the matter confidential in order to protect the rights of those involved, prevent an unjustified invasion of their personal privacy, and preserve the integrity of the investigation.

Exceptions: There may be unique circumstances where a staff member may be required to disclose information within or outside the College or Navitas in order to address safety risks or to satisfy a legal reporting requirement. In such circumstances, the minimum amount of information needed to allow such concerns to be addressed, or meet such requirements, will be disclosed.

All written evidence or other documentation obtained by the College or Navitas during any investigation will be stored securely using the investigation platform.

The College or Navitas will report the matter to the Police in circumstances of imminent risk of harm to self or others or to public safety.

Students under the age of 18: Mandatory reporting laws aim to identify cases of child abuse and neglect, and to assist the individual children in these cases. The College or Navitas has an obligation to report instances where they become aware of, or form a reasonable suspicion, that a child (a person under the age of 18) has been or is likely to be the victim of sexual abuse. These instances must be reported to the Police, or a local child protection agency.

Our Harassment Policy and Sexual Misconduct Response Procedure for Students – (Appendix A) outlines how we investigate incidents of harassment and/or sexual misconduct. This includes investigation timescales, who will respond to a reported incident, the expected communications involved in the investigation process and what further actions or steps will be taken. A simple student reporting flowchart can be found.

Where a person informally discloses that an incident of harassment or sexual misconduct has occurred, Navitas employees are expected to raise, or support the person to raise, the concern as a written disclosure unless explicitly requested not to. Navitas employees should also advise that an anonymous report can be raised on the person’s behalf and offer to assist in making the disclosure in the first instance. Where the person still does not want a written record of the disclosure to be raised, this is to be respected unless the disclosure meets the requirements of mandatory reporting laws relating to abuse of a child or vulnerable person.

All incidents will be:

• Treated seriously and with fairness. Investigations will be:
  • Fair, timely and unbiased.
  • Reviewers/Decision Makers and Investigators shall self-identify any apparent or perceived conflict of interests and must excuse themselves from the proceedings.
• Dealt with promptly, simply and progressed through informal and formal stages outlined in this procedure.
• Treated consistently and alignment with the College Policy and Procedure.
• Subject to the principles of procedural fairness. For example, Disclosers (where named) are entitled to be kept informed of the progress of any investigation and its outcome.
• Cognisant that harassment and sexual misconduct may be experienced or perpetrated by people regardless of their sexuality or gender identity.
• Advised that the person making a disclosure of harassment or sexual misconduct has the choice to report a concern or make a report to College and/or the Police and is entitled to be fully informed of their available options and the possible outcomes.
• Advised that a disclosure will not automatically require a person to participate in a report or investigation process.
• Advised that the procedures set out in this document do not replace or modify procedures or any other responsibilities which may arise under other higher education provider policies or any other law.
• Instigated with a trauma-informed approach, mindful of:
  • the health, safety and wellbeing of the person making the report, including their access to specialist and appropriate services.
  • avoiding causing further harm or any penalty to the reporting student, including minimising the number of times they need to recount their experience and not imposing significant changes to their routine.
  • the health, safety and wellbeing of the College and Navitas community.
  • outcomes sought by the person making the report.
  • whether there is a legal duty to report the incident.
  • assigning different employees to provide support to the person about whom the report is made and the person making the report to avoid any conflict of interest.
• Assured that anyone who discloses their experience of harassment or sexual misconduct will not be asked irrelevant questions during an investigation process, including irrelevant questions relating to their sexual expression or past sexual history.
• Advised that Navitas cannot determine whether a crime or a civil wrong has occurred; rather, it can only determine whether someone has on the balance of probabilities, breached this Procedure, or other relevant policy or agreement.
• Provided with information on potential sanctions or disciplinary action that may be imposed should Navitas determine that misconduct has occurred.
• Entitled to have a support person, including an accredited specialist or union representative with them when they disclose, make a formal report, develop a support plan or actions, or respond to investigation requests. In the case of a support person, their role is to provide emotional support and counsel, but not act for the Discloser or Respondent, nor be a witness. A support person has to agree to be bound by a confidentiality agreement prior to their participation.

If the College, Navitas or the University (where involved in the process) cannot resolve your issue or has failed to take your report seriously, treat you fairly, or provide the support you are entitled to raise the matter with The Office of the Independent Adjudicator (OIA).

The College will ensure that appropriate training and induction is provided to both employees and students in relation to acceptable behaviours throughout its College’s and workplaces, options for raising disclosures or formal reports of harassment and/or sexual misconduct, and processes which will be undertaken to investigate any such reports.

During student induction we will provide you with opportunities to undertake harassment and sexual misconduct training and guide you through this website information including raising awareness on how to disclose incidents and concerns, who to contact if you want advice from trained professionals and what further support is available to you.

If you are a student enrolling at the College you can access the training.

Each year we will evaluate how effective the training is and work with students to make sure the content, timing and relevance of the training is appropriate.

We are committed to taking steps that will make a significant and credible difference to protecting students from harassment and/or sexual misconduct. These include:

• Analysing data on reported incidents to understand prevalence and consider enhancements to practices throughout the year.
• Reporting to our Governing Body on disclosures and seek feedback from directors on current policy and practice.
• Building feedback surveys into our online training for students and staff, evaluating the results and making changes to the training where appropriate.
• Consulting with the Student Council over practicalities of our policy and procedures.

Navitas strictly prohibits personal relationships of a close personal or intimate nature between any employee and any student for whom the employee has responsibility or reasonably expects to have responsibility in future. Employees must not seek to establish close personal or intimate relationships with students for whom they have responsibility.

Further information and reporting requirements on extraneous circumstances requiring disclosure and additional arrangements is available in the Staff-Student Relationships Policy.

In applying our procedures, we 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 or environment, including in premises and situations where educational services, events and debates take place.

The College and Navitas will apply a rebuttable presumption to the effect that students being exposed to any of the following is unlikely to amount to harassment:

• the content of higher education course materials, including but not limited to books, videos, sound recordings, and pictures.
• statements made and views expressed by a person as part of teaching, research or discussions about any subject matter which is connected with the content of a higher education course.

We will not use non-disclosure agreements (NDAs) in relation to complaints of harassment, abuse, sexual misconduct, or other forms of harassment and bullying.