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Sexual misconduct on campus: what are your rights?
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Universities and colleges have the power to discipline students or members of staff who sexually harass students. If you have reported sexual harassment to your college or university, there are a range of protective measures they can put in place to protect you while the matter is being investigated.
This blog will consider:
- The prevalence of sexual misconduct in further and higher education
- Reporting sexual harassment to a college or university
- Precautionary measures available
- How we can help
Prevalence of sexual misconduct in further and higher education
Nearly two-thirds of students have experienced sexual violence at a UK university. In the case of sexual misconduct perpetrated by staff members against students at universities, the 1752 Group - a UK-based research, consultancy and campaign organisation dedicated to ending staff sexual misconduct in higher education - highlight that this behaviour is relatively common but is made invisible by power imbalances and is rarely reported.
Reporting sexual harassment to your college or university
Students and members of college or university staff must adhere to the Student or Staff Code of Conduct/disciplinary policy of their institution. If you are sexually harassed by another student or a member of staff, this could amount to a breach of the Code of Conduct.
Each college or university will deal with reports of sexual harassment differently. However, they will normally have a Dignity and Respect policy or Student Complaints procedure which they must follow.
Precautionary action
If you report sexual harassment to the college or university, they can discipline the person who has sexually harassed you. This could result in a wide range of disciplinary sanctions, including the student or member of staff being suspended or expelled/dismissed, restrictions being placed on their ability to contact you, or on them accessing certain places on campus.
While the investigatory process is ongoing, your college or university can put in place precautionary measures to keep you safe.
The precautionary measures available, and the grounds for the college or university taking this kind of action, should be set out in their Code of Conduct or disciplinary procedures. The college or university should undertake a risk assessment on a case-by-case basis to assess if any precautionary measures are necessary, and if so, which ones.
Precautionary action can be taken before the college or university completes their investigation and makes a decision about whether the misconduct has occurred (on the balance of probabilities). These temporary measures must be proportionate and can include things like:
- Preventing the person harassing you from contacting you
- Requiring the person harassing you to move accommodation
- Suspending the perpetrator from their studies
- Arranging days and times where you and the perpetrator are allowed to access different parts of the campus or preventing the perpetrator from attending certain places
If the allegation is related to a staff member, precautionary measures could include:
- Making changes to teaching and supervision arrangements, such as changing a seminar group or allocating an alternative supervisor
- Arranging times where you and the staff member are allowed to access different parts of the campus so that you don’t cross paths
- Ensuring that marking or assessment of your work is done by someone other than the alleged perpetrator
The 1752 group suggest that universities should be amenable to individual requests made by reporting students, which could be as small as asking to be removed from a mailing list where they may be updated with the staff member’s activities.
Best practice in applying precautionary measures suggests that they should protect the reporting student and the investigation, whilst having as little impact as possible on the accused student or member of staff. If the person harassing you continues to do things not permitted by the precautionary measures, there should be a review and more serious measures may be put in place.
How we can help
If you have experienced sexual harassment in further or higher education, we can provide you with information and advice. Please call our helpline to request an appointment to speak with one of our solicitors.
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