Student Services

Sexual misconduct

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Sexual misconduct

AUB is committed to promoting and maintaining a culture in which incidents of harassment or sexual misconduct will not be tolerated.

All members of AUB’s student and staff community are expected to take an active role in ensuring that all interpersonal relationships and interactions are underpinned by mutual respect, open communication and clear consent.

Overview

Sexual misconduct is any unwanted or attempted unwanted conduct of a sexual nature and includes (but isn't limited to) sexual harassment, sexual assault, and rape.

AUB recognises that incidents of harassment and sexual misconduct take place across wider society and within the university sector, including within AUB’s community. AUB also recognises that anyone can be subjected to sexual misconduct, regardless of age, disability, gender identity, relationship status, sex, sexual orientation, or any other facet of their identity.

AUB will support any member of its community who has been subject to harassment or sexual misconduct, will investigate any report that harassment or sexual misconduct has been committed by any student or member of staff, and will take action where appropriate.

AUB has a Sexual Misconduct Adviser who can offer support to any student who has been subject to sexual misconduct – email misconduct@aub.ac.uk.

AUB’s Sexual Misconduct Commitment sets out the steps the University will take to prevent and address sexual misconduct.

Student allegations of harassment or sexual misconduct against another student are investigated under the Student Disciplinary policy. Student allegations against a member of staff are investigated under the Student Complaints Procedure.

Staff allegations against a student are investigated under the Student Disciplinary policy. Staff allegations against another member of staff are investigated under the Staff Disciplinary Procedure.

AUB will conduct investigations in accordance with the policies and procedures in place at the time of reporting.

Throughout these pages the “Reporting person” is defined as the individual who discloses or reports an allegation of harassment or sexual misconduct. The “Responding person” is defined as the individual who is alleged to have committed an act of harassment or sexual misconduct.

Reporting an incident

How to report an incident of harassment or sexual misconduct

If you've experienced an incident of harassment or sexual misconduct, you have a choice about whether to “disclose” or “report” this to the University.

A “disclosure” is when you inform an AUB member of staff that you've experienced harassment or sexual misconduct, confidentially, for the purpose of gaining support. The only action that'll be taken in response to a disclosure is providing support. No other action will be taken unless someone is considered to be at immediate risk or there's a safeguarding concern.

A “report” is when you inform the University (via the online Report + Support system or directly to an AUB member of staff) that you've experienced harassment or sexual misconduct and would like the University to take action against an AUB student or AUB member of staff in response to your allegation.

A “disclosure” becomes a “report” if you decide you want action to be taken to respond to your allegation.

It's your choice to report an incident of harassment or sexual misconduct to the University, to the police, or to both. Your choice will be respected and if you choose to make a police report, AUB’s Sexual Misconduct Adviser can support you in this.

Reporting anonymously

You can report an incident anonymously (via the online Report + Support system), although it may not be possible for the University to carry out a fair investigation and take action in response to an anonymous report. This is because the responding person may be able to identify you from your allegation, or because an anonymous allegation doesn't allow the responding person to defend themselves in accordance with the rules of natural justice. You can discuss your concerns confidentially with the Sexual Misconduct Adviser (for students) or HR Partner (for staff) to help you decide which action to take.

Disclosing or reporting an incident of harassment or sexual misconduct

You have options in that way you can disclose or report any incident of harassment or sexual misconduct:

Online via Report + Support – You can include your contact details if you wish to be contacted by the Sexual Misconduct Adviser (for students) or a HR Partner (for staff) to learn about the support available to you. The Report + Support site includes support articles and links to sources of external support.
Disclosing – If you're a student, you can disclose any incident of harassment or sexual misconduct confidentially to AUB’s Wellbeing or Counselling services, or to the Sexual Misconduct Adviser (email misconduct@aub.ac.uk). If you're a member of AUB staff, you can disclose any incident of harassment or sexual misconduct confidentially to your HR Partner or to AUB’s Staff Counsellor. These staff undertake specialist training in receiving disclosures and can offer you support or refer you to relevant services in the local community.
Reporting – Students who wish to formally report any incident of harassment or sexual misconduct can contact the Senior Investigating Officer (complaint@aub.ac.uk), either in person or in writing. If you find it hard to put your complaint in writing, the Sexual Misconduct Adviser can support you to do this. Members of staff may formally report an incident of harassment or sexual misconduct to their HR Partner, either in person or in writing.

How AUB will respond to an allegation of harassment or sexual misconduct

If you choose to disclose an incident of harassment or sexual misconduct, you'll be listened to, supported and made aware of the options available to you.

Your choice to report or not report will be respected. The Sexual Misconduct Adviser (for students) or HR Partner (for staff) will offer to meet with you to listen to the circumstances you wish to report, and to ensure that you're aware of how to gain support. They'll provide you with a written summary of the meeting and, if you decide that you wish to take formal action, will support you to prepare and submit a written statement that details the allegations.

If the person you're reporting is a member of the AUB community, a risk assessment will be completed to identify any potential risk to your own welfare or to the welfare of the responding person. Precautionary measures may be put in place to try to minimise any risks – for example, a non-contact agreement, or limiting access to certain buildings or activities. AUB will impose the least restrictive and impactive precautionary measures necessary to protect the safety of all students and staff, as well as balancing the needs and rights of all students and staff involved.

Investigating a harassment or sexual misconduct allegation

The Senior Investigating Officer (for students) or Investigating Manager along with the HR Partner (for staff) will investigate the allegations. They'll meet with the responding person and will look for other evidence that may help to make a decision about your allegation. Evidence can include text messages, photos, social media posts, or witness statements. You'll receive a written report detailing their findings.

AUB may appoint an external independent investigator to conduct investigations if specific expertise is required, or if it wouldn't be possible to conduct an impartial investigation within the University.

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Precautionary measures

AUB reserves the right to take immediate precautionary measures in cases that involve a threat of serious harm...

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Student Disciplinary Panels

If, having completed their investigation into allegations against a student, the Senior Investigating Officer considers...

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Staff Disciplinary Panels

Once the Investigating Manager has completed their investigation, they'll prepare a report, which is submitted...

Reporting harassment or sexual misconduct to the police

If a report is made to the police and they start investigations under the criminal law, any AUB student investigation or disciplinary process for any allegations related to the criminal proceedings will be suspended, usually for the duration of the criminal investigation.

If a member of AUB staff is the subject of a criminal investigation, charge or conviction, AUB will investigate the facts before deciding whether to take formal disciplinary action and won't usually wait for the outcome of any prosecution before deciding what action, if any, to take.

It's the student or staff member under investigation’s responsibility to inform AUB of the commencement as well as the outcome of the police investigation.

When legal action is complete, or a decision has been made not to prosecute, AUB will review the case, and will determine whether to resume an internal investigation or disciplinary process. This will be without prejudice; as both the nature of offences, and the standard of proof required, are different, AUB reserves the right both to discontinue cases that have been upheld through the legal process, and to pursue cases that haven't led to a conviction.

Where a finding of misconduct is made under the Student Disciplinary Policy or Staff Disciplinary Procedure and the student or member of staff has been sentenced by a Court of Law, the Court’s penalty will be considered in determining the sanction under the Student Disciplinary Policy or Staff Disciplinary Procedure.

Students should inform the University if they're subject to any criminal convictions, irrespective of the penalty. Notification should be made to the Designated Safeguarding Lead (via safeguarding@aub.ac.uk), and will normally be kept confidential unless there are over-riding reasons for this information to be shared with other senior staff. Staff members should inform their HR Partner.

How information is handled, used and stored

Any disclosure you make relating to an incident of harassment or sexual misconduct will remain confidential unless there's a reason to believe that someone's at imminent risk of serious harm, or there's a safeguarding concern. In this case, a report to emergency services or safeguarding authorities may be made. Where possible, you'd be informed of this in advance.

Any case notes recorded by Counselling or Wellbeing staff, the Sexual Misconduct Adviser, or the Senior Investigating Officer/Investigating Manager or HR Partner, remain confidential and you'll be asked to agree which details may be shared as part of any formal investigation.

Written notes are held in secure, password-protected AUB online storage. No details are stored on individual computers. Any hard copy information or evidence is stored in private, locked storage and disposed of as confidential waste, in accordance with General Data Protection Regulations.

If you make a disclosure or report via the online Report + Support site, your report will be visible to the Senior Investigating Officer, and Director of Student Experience and Employability. They'll allocate your report to the Sexual Misconduct Adviser or HR Partner as necessary.

AUB is unable to share personal information without a legal basis. However, AUB staff may be required to provide information as part of a criminal investigation. You can read more about how AUB stores and handles your data in our Student Privacy Notice.

Records of any disciplinary investigation and outcome will be held confidentially for a period of six years following the completion of a student’s studies.

How you'll be supported

Support for reporting students

If you've experienced harassment or sexual misconduct, please be reassured that you'll be listened to and taken seriously.

There are many sources of support and guidance, within AUB, locally, and nationally, including:

AUB Sexual Misconduct Adviser – email misconduct@aub.ac.uk
Report + Support
STARS (Sexual Trauma and Recovery Service) and ISVA (Independent Sexual Misconduct Advisor). Tel: 01202 308855
The Shores – Dorset Sexual Assault Referral Centre. Tel: 01202 552056. Email: info@the-shores.org.uk
AUB Wellbeing Service and AUB Counselling Services offer confidential support
University Retreat

If your academic studies have been impacted by harassment or sexual misconduct, you can apply for a one-week extension or mitigation via the eVision tile in MyAUB.

Support for reported students

If a report of alleged harassment or sexual misconduct is made against you, you'll be listened to, supported and made aware of how the University will respond to the allegations made.

AUB will inform you of the allegation made against you, explain the relevant investigative process and provide details of any risk assessment undertaken and any precautionary measures identified to protect your own safety and wellbeing and/or that of others.

The following support is available if you're the subject of a report of alleged sexual misconduct:

AUB Wellbeing Service and AUB Counselling Services
University Retreat
Samaritans – a telephone, email and visitor service for anyone experiencing emotional distress. Tel: 116 123 (24-hour confidential listening service – call them for an immediate response) or write an email to jo@samaritans.org (answered within 24 hours).

Support for reporting members of staff

If you choose to disclose or report an incident of harassment or sexual misconduct, you'll be listened to, supported and made aware of the options available to you. Reporting of harassment or sexual misconduct is encouraged.

Your HR Partner will inform you of the support available to you. AUB staff can access support via AUB’s Staff Counsellor or via the AXA Employee Assistance Programme. HR Partners have been trained in responding to disclosures of sexual misconduct. Your HR Partner can signpost you to relevant external services, including specialist sexual assault services and counselling.

Book an appointment with AUB's staff counsellor.
Employee assistance programme – details are available on the intranet.
STARS (Sexual Trauma and Recovery Service) and ISVA (Independent Sexual Misconduct Advisor). Tel: 01202 308855.
The Shores – Dorset Sexual Assault Referral Centre. Tel: 01202 552056. Email: info@the-shores.org.uk

Support for responding members of staff

If a report of alleged harassment or sexual misconduct is made against you, you'll be listened to, supported and made aware of how the University will respond to the allegations made. AUB will:

Inform you of the allegation made against you and explain the relevant investigative process.
Provide details of any risk assessment undertaken and any precautionary measures identified to protect your own safety and wellbeing and/or that of others.
Provide you with details of support available to you.

The following support is available if you are the subject of a report of alleged sexual misconduct:

Book an appointment with AUB's staff counselling service.
Employee Assistance Programme – details are available on the intranet.
Samaritans – a telephone, email and visitor service for anyone experiencing emotional distress. Tel: 116 123 (24-hour confidential listening service – call them for an immediate response) or write an email to jo@samaritans.org (answered within 24 hours).

Your union representative can offer advice and support as well as your HR Partner.

All members of AUB’s community have a responsibility to maintain an awareness of harassment and sexual misconduct and to gain informed consent for all personal and intimate interactions.

Staff from Student Services, AUBSU and HR have undertaken specialist training in receiving and responding to a disclosure of sexual misconduct.

Training for students

All students are required to complete “Fresh” consent training, which will form part of new student induction.

All students are expected to view informative videos as part of new student induction, including those on Code of Conduct, Consent, and Personal Safety.

AUBSU also offers guidance on consent on their website.

Students involved in a student disciplinary panel will receive full advice and guidance from the Sexual Misconduct Adviser.

Training for staff

All staff are required to complete the online sexual harassment training as part of their induction, and every three years during their employment.

All members of staff who serve on a student or staff disciplinary panel will receive specialist training.

Relationships between students and staff

AUB believes that the professional relationship between staff and students is vital to a student's educational development and affirms that the teaching relationship is based on trust, confidence and dependency. In this context, a professional relationship is defined as one where there's an assessing, supervising, tutoring, teaching or pastoral role or a role providing administrative or technical support. Students are entitled to equality of treatment, and it's important that a personal relationship between an employee and a student isn't perceived by others to prejudice that equality of treatment.

Employees are strongly discouraged from entering into a sexual/romantic/intimate relationship with a student for whom they have a responsibility for assessing, supervising, tutoring, teaching, for pastoral care or for whom they're required to provide administrative or technical support. In addition, employees aren't permitted to enter into a sexual/romantic/intimate relationship with a student under the age of 18 or a vulnerable adult in line with the University’s obligations under the Safeguarding Policy.

Any employee who enters into a sexual/romantic/intimate relationship with a student should disclose this to their Director/Dean/Line Manager. This applies to all relationships with students.

AUB staff shouldn't enter into a business, commercial or financial relationship with a student that could compromise, or could be perceived to compromise, the objectivity and professional standing of the staff/student relationship.

Supporting information

Arts University Bournemouth is committed to the principle of academic freedom, and to freedom of speech (including vigorous and open debate, and the freedom to follow lines of enquiry, no matter how unpopular or controversial).

AUB endorses the right of all academic staff and students to test received wisdom and to put forward new ideas and controversial or unpopular opinions. AUB doesn't seek to restrict the views that may be expressed by its staff or students in the conduct of their work. We expect all debate to be exercised in a spirit of tolerance and respect for others and their views.

Students and staff mustn't seek to deny or restrict freedom of speech within the law of others and must accept a framework of positive debate and challenge.

Academic course materials, and statements made, and views expressed by a person as part of teaching, research or discussions about any subject matter that's connected with the content of an academic course, are unlikely to constitute harassment.

AUB’s Code on Freedom of Speech sets out AUB’s expectations.

Backed by the Minister for Higher and Further Education, former Equalities Select Committee Chair Maria Miller MP and campaign group #CantBuyMySilence, AUB commits to not using Non-Disclosure Agreements to silence people who come forward to raise complaints of sexual harassment, abuse or misconduct, or other forms of harassment and bullying.

Signing the pledge means that AUB undertakes to never use a non-disclosure agreement (NDA) in a case involving sexual harassment, discrimination, other forms of misconduct and/or bullying. It's intended to ensure that victims can speak about what has happened to them to whoever would be appropriate; and that any harmful behaviour isn't hidden, thereby allowing opportunities for repeat offences and further victims.

Higher Education students are more likely to experience sexual abuse or harassment than any other group in the population.

A survey conducted by the Office for Students in Autumn 2023, completed by 5,430 students from 12 universities, found that between 1 September 2022 and 1 September 2023, 9% of students experienced unwanted sexual contact. Of those students who responded that they'd experienced unwanted sexual contact (assault/misconduct), 54% reported that the experience involved someone connected with the university, and/or occurred in a university setting.

The following table shows the number of student disclosures of sexual misconduct and the referral routes in the 2023/24 academic year:

Route	Total disclosures
Report and support	13
Wellbeing	31 (including 16 historic)
Counselling	9 (including 4 historic)
Other referral to Senior Investigating Officer	8
Total	61

AUB formally investigated two cases of sexual misconduct in line with the Student Disciplinary Policy in the 2023/24 academic year. One student was permanently excluded as a result of a Student Disciplinary panel hearing, and one student was given a Formal Reprimand (in response to the reporting student’s views and request for leniency).

There's a significant difference in the number of students disclosing sexual misconduct and the number of formal cases actioned by the University. Reasons for this include:

Six duplicate disclosures to wellbeing, counselling and to the Senior Investigating Officer, or in Report + Support.
20 historical reports and 15 cases where the reported party isn't a student or member of staff at AUB, and therefore, no formal action can be taken in line with AUB policies.
13 students disclosing concerns decided not to take formal action or didn't engage with formal processes.
Four reports received were anonymous.
One report was resolved informally.

Research indicates that reasons for not reporting to the police, or withdrawing charges, include the timescales of the criminal justice process which increases victim trauma and prevents victims from moving forward in their lives; an intrusive investigation which heavily scrutinises the victim’s personal life and makes victims feel disbelieved; lack of support and the prevalence of rape myths within the criminal justice system.

The following table shows the total number of sexual misconduct cases subject to formal action in line with the Student Disciplinary Policy over the last four years:

Year	Total formal sexual misconduct cases
2023/24	2
2022/23	4
2021/22	3
2020/21	2

“Sexual misconduct” means any unwanted or attempted unwanted conduct of a sexual nature and includes, but is not limited to:

sexual harassment
sexual assault
rape

“Sexual harassment” refers to behaviour of a sexual nature that is uninvited and unwelcome (even if there has been some previous relationship). Whether or not the harassment is intended to be offensive is irrelevant; the behaviour is unwelcome if judged as such by the recipient. A single incident or persistent behaviour can amount to harassment. Sexual harassment does not necessarily occur face to face and can be in other forms, including but not limited to online, pictures, written formats or texts.

The “Reporting person” is defined as the student/member of staff who discloses or reports an allegation of sexual misconduct.

The “Responding person” is defined as the student/member of staff who is alleged to have committed an act of sexual misconduct.

“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.

“Student” includes currently enrolled students at Arts University Bournemouth. The University reserves the right to take action against prospective students who have accepted an offer to study at AUB but have yet to enrol; this may include revoking an offer to study.

“Staff” refers to those employed by Arts University Bournemouth.

“Intimate personal relationship” means a relationship that involves physical intimacy including isolated or repeated sexual activity, or romantic or emotional intimacy.

“Abuse of power” means a situation where a relevant staff member exploits a position of power in relation to a student so as to apply pressure in a way which:

may result in the student doing something, or refraining from doing something, that they may not have otherwise done; and
that action or inaction could reasonably result in something that falls within the scope of an intimate personal relationship.

“Harassment” means unwanted conduct related to a relevant protected characteristic, where the conduct has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment includes engaging in unwanted conduct of a sexual nature, or that is related to gender reassignment or sex (Equality Act 2010).

Behaviour will be classed as “Harassment” if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of another (Protection from Harassment Act 1997).