Any form of sexual misconduct or harassment is never okay.
Sexual Misconduct
Sexual misconduct is a form of harassment and is unacceptable behaviour of a sexual nature. It can include: sexual harassment; sexual violence; intimate partner violence; sexual assault; grooming; coercion or bullying with sexual elements; sexual invitations and demands; comments; non-verbal communication; creation of atmospheres of discomfort; and promised resources or advancement in exchange for sexual access.
The term ‘sexual harassment’ captures only some of the possible abuses of power that may occur. Sexual misconduct more specifically raises issues of unequal relationships, consent, and the prevention of equal access to education, opportunities and career progression.
Sexual misconduct can take many forms. All forms of sexual misconduct involve unwanted touching or sexual contact that happens without explicit consent. The touching can be with any part of the body or with anything else. The contact does not have to be with the perpetrator themselves.
Sexual misconduct could include:
- Kissing
- Rape or attempted rape – penetrating someone’s vagina, anus or mouth without their consent
- Touching someone’s breast or genitals, including through clothing
- Touching any other part of the body for sexual pleasure or in a sexual manner, such as stroking someone’s thigh or rubbing their back
- Pressing up against someone else for sexual pleasure
- Pressuring, manipulating or scaring someone into performing a sexual act, either on the perpetrator or someone else
- Touching someone’s clothes for sexual pleasure or in a sexual manner, like lifting up someone’s skirt
- Making someone masturbate or touch themselves sexually
This list is by no means exhaustive. There are a range of other situations and experiences that would be considered sexual assault.
Sexual misconduct may involve some form of physical force or violence, but this is not always the case. There are many other tactics that may be used, including pressure, manipulation, bullying, intimidation, threats, deception and drugs or alcohol.
Sexual misconduct can happen to anyone. It could be committed by someone you know, like a partner or ex-partner, a friend, colleague or family member, or it could be someone you don’t know.
Consent:
Consent is agreeing by choice and having the freedom and capacity to make that choice. A person is free to make a choice if nothing bad would happen to them if they said no. Capacity is about whether someone is physically and/or mentally able to make a choice and to understand the consequences of that choice. Sexual misconduct is carried out without someone’s active consent. This means that they did not agree to it.
If someone is intoxicated or unconscious, they cannot actively consent to any form of sexual activity. Being married or in a relationship with someone is not consent.
Many people find themselves unable to speak or move when faced with a dangerous or scary situation. If this happens, it doesn’t mean that they gave their consent. Consent should always be explicit and any confusion or uncertainty about consent may be cause for concern.
You can be a victim of sexual misconduct even if you have consented to engaging in sexual activity. For example, if you agreed to have sex with someone but then change your mind and they continue, this would be considered sexual assault. Another example is ‘stealthing’, which involves someone lying about wearing a condom or removing a condom during sex without your knowledge.
Sexual Misconduct and Disciplinary Procedures
Sexual misconduct is contrary to the University Staff Grievance and Disciplinary Procedures and Disciplinary Code and the Student Disciplinary Procedures.