Definitions we use

Consent

Consent is the agreement to participate in a sexual act where all individuals have 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Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and it can be withdrawn at any time. 

Consent must be freely given and is not present when exploitation of power, coercion or force is used to impose submission of an unwilling participant. This includes harm or threats of harm. 

An individual must have the capacity to consent. If an individual is asleep, unconscious, semi-conscious, or in a state of intermittent consciousness, they do not have the capacity to consent. 

Incapacitation may also occur as the result of excessive alcohol or drug use. If there is any doubt as to your own or another’s capacity to consent, you should not engage in a sexual act.

Whether a belief that consent was given is reasonable, is determined by considering all the circumstances, including any steps taken to ascertain that consent was given.

Rape 

This refers to vaginal, anal and oral penetration by a penis without consent - or assisting another person to do that - and without a reasonable belief that consent was given. 

Consent must be freely given, voluntary, and involve both freedom and capacity to make the choice. Whether a belief that consent was given is reasonable is determined by considering all the circumstances, including any steps taken to ascertain that consent was given.

Sexual assault 

Sexual assault is an umbrella term that describes intentional sexual contact or behaviour that occurs without your explicit consent. 

Examples of sexual assault include, but are not limited to, unwanted sexual touching, kissing without consent, assault by penetration and attempted rape. Consent must be freely given, voluntary, and involve both freedom and capacity to make the choice. 

Whether a belief that consent was given is reasonable is determined by considering all the circumstances, including any steps taken to ascertain that consent was given.

Sexual harassment  

This is unwanted conduct of a sexual nature which has the purpose or effect of violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for you. When deciding whether conduct has this effect, all of the following must be taken into account – your perception, all the circumstances of the case, and whether it is reasonable for the conduct to have that effect.

Sexual harassment can take lots of different forms including, but not limited to, sexually degrading comments, being stared at, being subjected to sexual jokes or propositions, being cat-called or wolf-whistled and/or receiving emails or text messages with sexual content.)

Image-based abuse / revenge porn

This is the recording and/or sharing of intimate images or recordings of another person without their consent.

Indecent exposure

This is the intentional exposure of genitals with the intent to cause alarm or distress to someone. This can take place in person or online.

Grooming

This is a pattern of behaviour over time between people in positions of unequal power, which leads to the weakening of professional boundaries and may lead to an abuse of power, so that one person can abuse them and/or manipulate them into doing things.

Bullying

This is the intentional, repeated harming of another person or group which involves a power imbalance and causes distress or harm. It can be physical, verbal, psychological or enacted online. 

Harassment related to protected characteristics

This refers to unwanted physical, verbal or non-verbal conduct related to one or more protected characteristics and which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you. 

When deciding whether conduct has this effect, all of the following must be taken into account – your perception, all the circumstances of the case, and whether it is reasonable for the conduct to have that effect. 

Protected characteristics relevant to this definition are -  age; disability; gender reassignment; race; religion or belief; sex; and sexual orientation

Harassment may occur in  an individual’s learning, working or social environment.

Harassment under the Protection from Harassment Act 

This is where someone pursues a course of conduct (more than one act) which amounts to harassment of another person or two or more other persons, where the perpetrator knows that it amounts to harassment or ought to know that (because a reasonable person with the same information would think that it amounted to harassment). A course of conduct is not harassment if the person carrying it out can show that pursuing that course of action was reasonable in the particular circumstances.

If the course of conduct is harassment of two or other persons, the person carrying it out must also intend to persuade another person (whether or not one of those harassed) not to do something that they are entitled or required to do, or to do something that they are not under any obligation to do.

These types of harassment can include causing alarm or distress to another person but the conduct in question, when considered objectively in all the circumstances of the case, must be oppressive and unreasonable.

Discrimination 

Takes place when an individual or group of people is treated less favourably than others are treated, or would be treated, because of  one of the nine protected characteristics in the Equality Act (2010). These are age, disability, sex, marriage and civil partnership (employees only), pregnancy and maternity, race, religion or belief (including lack of belief), sexual orientation and gender reassignment (which may include transgender identity).

Freedom of speech

Everyone has the right to freedom of speech. This means that everyone has the right to express views and to receive and impart information and ideas freely, without unwarranted interference. The law imposes some limits on speech, but it is clear that freedom of speech extends to views, information and ideas which may offend, shock or disturb.

Freedom of speech covers both the spoken and written word as well as actions, gestures and the display of images intended to convey meaning. It is sometimes also referred to as freedom of expression.

University policy and guidance on Freedom of Speech and Academic Freedom

Microaggression

This is a comment or action that is otherwise lawful but subtly, often unconsciously or unintentionally, expresses a prejudiced attitude towards a member of a marginalized group (such as a racial minority.

Domestic abuse 

Any incident or pattern of incidents of controlling, coercive, threatening or violent behaviour between those aged 16 or over who are, or have been, intimate partners or family members. This can involve, but is not limited to: psychological, physical, sexual, financial and emotional abuse.

Honour-based violence / abuse

An incident or crime involving violence, threats of violence, intimidation, coercion or abuse, including psychological, physical, sexual, financial or emotional abuse, which has or may have been committed to defend the “honour” of an individual, family and or community for alleged or perceived breaches of the family / community’s code of behaviour.

Risk of forced marriage

A forced marriage is where one or both people do not or cannot consent to the marriage and pressure or abuse is used to force them into the marriage.

Female genital mutilation

The practice of partially or totally removing the external genitalia of girls and young women for non-medical reasons.

Stalking

Incidents of unwanted, repeated, obsessive and/or controlling behaviours which make someone feel distressed or scared. 

There are many ways stalking can be perpetrated, in person or online. It can be carried out by someone that the recipient doesn’t know, but is often carried out by someone already known to them, such as an ex-partner.

Abuse of power

A situation where a person exploits a position of power in relation to a student so as to apply pressure in a way which may result in:

• the student on the receiving end doing something, or refraining from doing something, that they may not have otherwise done;
• negative consequences for the student on the receiving end, such as emotional distress, physical harm, or financial loss.

Reporting student/person 

The 'reporting student/person' is defined as the person who discloses or reports an allegation of harassment or sexual misconduct.

Reported student/person

The 'reported student/person' is defined as the person who is alleged to have committed an act of harassment or sexual misconduct.