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Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and consent may be withdrawn at any time.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.

Harassment 

The University considers harassment (including sexual harassment) to include:

• unwanted behaviour or conduct which has the purpose or effect of violating a person’s dignity or 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; and sexual orientation.
• a  pattern of behaviour repeated on at least two occasions that harasses one other person, or a pattern of behaviour where harassment has been experienced by two or more persons at least once each. References to harassing a person include alarming the person or causing the person distress.

Sexual misconduct

The University considers sexual misconduct to be any unwanted conduct of a sexual nature which occurred in person or by letter, telephone, text, email or other electronic and/or social media and includes, but is not limited to, the following:

• engaging, or attempting to engage, in a sexual act with another individual without consent;
• sexually touching another person without their consent;
• conduct of a sexual nature which creates (or could create) an intimidating, hostile, degrading, humiliating, or offensive environment for others, including making unwanted remarks of a sexual nature;
• inappropriately showing sexual organs to another person;
• repeatedly following another person without good reason;
• recording and/or sharing intimate images or recordings of another person without their consent; and
• arranging or participating in events aimed at degrading or humiliating those who have experienced sexual violence, for example inappropriately themed social events or initiation.

In addition, our staff Bullying, Harassment and Sexual Misconduct policy states that sexual misconduct can also include sexual conduct which is not unwanted, but which may be inappropriate for reasons such as abuse of power, real or perceived conflicts of interest, or breach of professional boundaries.

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.