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1. Policy Statement
1.1 Our vision is one of a Culture of Inclusion, this means creating a safe, diverse, inclusive and welcoming environment in line with the Hallam Values. One in which everyone feels they belong and where their rights are respected (including those of free speech and academic freedom) irrespective of background or identity. This policy aims to create a clear and fair process to prevent, report, and address bullying, discrimination, harassment and victimisation.
1.2 The University is committed to preventing and eliminating all forms of bullying, discrimination, harassment and victimisation.
2. Policy Principles
2.1 This policy forms part of the University’s Problem Resolution Framework and should be read and used in conjunction with the Code of Behaviour, as well as associated policies and guidance.
2.2 The University does not tolerate bullying, discrimination, harassment or victimisation.
2.3 If such behaviour is reported or witnessed then the University will investigate, ensuring the rights of all involved are protected and that timely support is provided to all parties. Where it is determined that the staff member has committed or is committing such acts, this will be dealt with through the Disciplinary Procedure, an outcome of which could be dismissal.
2.4 This policy aims to protect staff and students from bullying, discrimination, harassment and victimisation through appropriate and consistent education, training and communication.
2.5 Everyone has a responsibility to create a culture of dignity and respect and reduce the likelihood of harmful behaviour. Staff are expected to contribute to preventing such behaviour through self-awareness, engagement in training, as well as reporting concerns.
2.6 All staff have a right not to be victimised for making a complaint.
2.7 The University will have particular regard to, and place significant weight on, the importance of freedom of speech within the law, academic freedom and tolerance for controversial views in an educational context and environment. This policy will be interpreted and applied in a manner compatible with the Freedom of Speech Code of Practice. No member of academic staff will be subject to disciplinary action as a consequence of exercising their right to freedom of speech or academic freedom within the law.
3. Scope of the Policy
3.1 This policy applies to bullying, discrimination, harassment, and victimisation that is committed, or is alleged to have been committed by University staff. The Prevention of Sexual Harassment & Sexual Misconduct Policy applies in cases of sexual misconduct and sexual harassment.
3.2 For the purposes of this policy staff is used broadly and describes people who perform work on behalf of the University (paid or unpaid). This includes casual staff, postgraduate students conducting teaching, graduate teaching assistants (GTAs), honorary staff, emeritus staff, governors, as well as third parties (e.g. contractors). These examples are not exhaustive.
3.3 Disclosures and reports made under this policy are therefore not limited to incidents that take place on University premises or locations and includes incidents which take place face-to-face, online, via University IT systems, and both in the UK and abroad.
3.4 Complaints about the behaviour of students by staff should be reported via the Report and Support service. Such complaints are handled by the Student Policy, Casework and Compliance Team who can be contacted by emailing studentconduct@shu.ac.uk.
3.5 Where a matter concerns a person under the age of 18, or a vulnerable adult, the University’s Safeguarding Policy applies in conjunction with this policy.
3.6 Where a member of staff resigns during a University investigation or procedure in relation to bullying, discrimination, harassment or victimisation, the investigation and proceedings will continue as far as is reasonably practicable or appropriate.
4. Definitions
4.1 The Equality Act (2010) provides the legal framework that protects people against harassment, discrimination and victimisation at work. The following characteristics are protected in law:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief (which includes philosophical belief and lack of belief)
- Sex
- Sexual orientation
4.2 Discrimination is unlawful under the Equality Act 2010 and includes:
- Direct Discrimination which is where because of a protected characteristic a person is treated less favourably than others are treated. Direct Discrimination can also arise where a person is treated less favourably because they are perceived or thought to have a protected characteristic even if they do not (Discrimination by perception); or because although they do not have a protected characteristic, they have an association or connection with a person who does (Discrimination by association).
- Indirect Discrimination which is when a working practice, policy or rule is the same for everyone but which puts or would put people with a protected characteristic at a particular disadvantage in comparison to others. Under the law indirect discrimination might be justified if it is a proportionate means of achieving a legitimate aim.
4.3 Harassment is unlawful under the Equality Act 2010. Harassment is unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. It is not necessary for the person to object to the conduct for it to be unwanted. Harassment can occur even if this was not the intention.
4.3.1 In deciding whether conduct has the effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the person, the following must be taken into account:
- the perception of the person subjected to the conduct;
- the other circumstances of the case;
- whether it is reasonable for the conduct to have that effect.
4.3.2 Harassment can be a one-off event and does not need to be directed at a person. It can be witnessed or overheard. Conduct that has been tolerated in the past can become unwanted.
4.3.3 In determining whether behaviour amounts to harassment, the University will take into account its duties to secure freedom of speech and academic freedom.
4.4 Victimisation is unlawful under the Equality Act 2010. It is where someone suffers a detriment i.e. is treated less favourably because they have done or may do a protected act. A protected act includes:
- bringing proceedings under the Equality Act;
- giving evidence or information in connection with proceedings under the Equality Act;
- doing any other thing for the purposes of or in connection with the Equality Act;
- making an allegation or complaint that a person has acted in breach of the Equality Act;
4.5 Bullying has no legal definition but it can be described as unwanted behaviour from a person or group that is offensive, intimidating, malicious, insulting, undermines, humiliates, or causes physical or emotional harm to someone. It can therefore take place verbally, physically or online (inc. social media). Key characteristics of bullying tend to be that it is repeated over time and that there exists an imbalance or abuse of power. In determining whether behaviour amounts to bullying, the University will take into account its duties to secure freedom of speech and academic freedom.
4.6 Report and Support is a service for staff and students through which they may make a full report or anonymous disclosure of an incident of bullying, discrimination, harassment or victimisation and receive welfare support. Report and Support will provide information on support options, both internal and external to the University, which may include advice on how to take a complaint forward.
4.7A Reporting Party is the person(s) who has been subject to the alleged incident bullying, discrimination, harassment or victimisation.
4.8A Responding Party is the person(s) whose behaviour it is alleged amounted to an incident of bullying, discrimination, harassment or victimisation.
Procedure
5. Informal Resolution
5.1 Serious incidents are not likely to be appropriate for informal resolution and should be reported so that support and advice can be offered. The University has the right to investigate allegations of bullying, discrimination, harassment and victimisation even if it is raised informally and the person does not wish to make a report. In these rare cases, the anonymity of the person will be protected as far as possible.
5.2 In situations where an informal approach might be appropriate, and it is safe to do so, the person affected could approach the other party or communicate in writing. The person affected should explain how the behaviour is unwelcome and ask the person to stop the behaviour immediately, explaining that if the behaviour continues a report will be made.
5.3 Taking an informal approach does not mean that a formal complaint cannot be raised at a later point.
5.4 Where a member of staff is told that their behaviour is unwelcome, they should listen patiently and calmly and try to remedy the situation where appropriate.
5.5 Where the concerns relate to the behaviour of the immediate manager, the staff member should discuss this informally with another equivalent manager, or the next level of management.
5.6 A manager who receives a report of bullying, discrimination, harassment or victimisation has a responsibility to provide support to try and resolve the concerns through discussion and an informal approach where possible.
5.7 Mediation is an informal, voluntary and confidential process in which an impartial third party helps people in dispute or in a difficult relationship explore and understand issues and seek mutually agreed solutions. The University has trained mediators who are able to help in situations of conflict. Guidance about mediation and whether it could be appropriate should be sought from HROD.
6. Reporting Bullying, Discrimination, Harassment and Victimisation from Staff
6.1 The University recognises the significant impact that bullying, discrimination, harassment and victimisation can have on an individual’s academic studies, employment, as well as physical and mental health. No person should suffer the effects of these behaviours alone and the University will ensure that there is dedicated specialist support.
6.2 Any member of the University should report cases of bullying, discrimination, harassment and victimisation whether they are the recipient of the behaviour or are witness to it. All disclosures will be treated confidentially.
6.3 Where there is a real threat to the personal safety of any person or it is believed a criminal offence has or is being committed this should be reported to the Police on 999 and University Security on 0114 225 2000.
6.4 Staff members should make a full or anonymous report to the Report and Support service. Alternatively, they may put their complaint in writing to their line manager or a more senior manager.
6.5 Students, third parties or members of the public should make a full or anonymous report via the Report and Support service.
6.6 If a disclosure or report is made via the Report and Support service the Reporting Party will be contacted within 3 working days and be provided with welfare support.
6.7 Disclosure via the Report and Support service does not automatically create a formal complaint and is not an instruction for the University to take action. The reporting party will have the opportunity to consider the various options below before proceeding with the route which is right for them:
- Receive advice on the support that is available and/or take no further action
- Undertake an informal approach
- Make a report to the University
- Make a report to the Police
6.8 Where after contacting the Report and Support service the Reporting Party wishes to make a report, the Reporting Party must be willing for the Responding Party to be informed of the allegation against them in order for the report to be escalated to the Student Policy, Casework and Compliance Team, or Employee Relations Team in HR&OD.
7. Anonymous Disclosures and Reports
7.1 Anonymous reporting makes it difficult for the University to investigate issues, therefore the University encourages full disclosures wherever possible. Multiple anonymous reports in the same area could result in the commissioning of an investigation.
7.2 Where anonymous reports are received, for example through Report and Support, management will conduct as thorough investigation as is possible given the information.
7.3 Anonymous reporting will still help the University to understand the extent of bullying, discrimination, harassment and victimisation and to consider preventative steps it could take to address the concerns more broadly. These may include increased monitoring or reminders to staff about this policy and how bullying, discrimination, harassment, discrimination and victimisation will be dealt with.
8. Risk Assessment
8.1 Where the University receives a complaint of bullying, discrimination, harassment or victimisation, a risk assessment will be completed to identify any potential risks to members of the University community, but in particular those to the Reporting Party, Responding Party and witnesses, so as to take reasonable steps. The aim of the assessment is to:
- Prevent and/or minimise any potential harm to the parties concerned as well as to other staff, students, placement providers, service users, visitors or third parties
- Ensure that the integrity of any investigation is maintained
- Prevent any issues which may present barriers to resolving the issues pending the outcome of any investigation
8.2 The assessment will normally be performed by representatives from HR&OD, as well as relevant Senior Managers from within the College/Directorate where the Reporting Party and Responding Party either work or study. Where the Reporting Party is a student, representatives from the Student Policy, Casework and Compliance Team will also be involved.
8.3 The assessment will be recorded on a Risk Assessment form by HROD. The risk assessment must be kept updated and should be reviewed if circumstances regarding the case change.
8.4 If it is believed that there are risks to the parties concerned or in the ability of the University to maintain the integrity of an investigation, alternative work / relocation may be arranged for the parties concerned. This is likely to involve moving the Responding Party to another location or amending their duties.
9. Authorised Absence or Suspension
9.1 If all other reasonable alternatives have been considered, the Responding Party could be placed on authorised absence or suspension, pending the outcome of the investigation (this will be reviewed at regular stages and communicated to the individual concerned).
9.2 Authorised absence or suspension is not a punishment or disciplinary sanction. It is a neutral act to protect all parties and is undertaken without influence or prejudice regarding the investigation.
9.3 The conditions in place during the period of authorised absence or suspension will be explained to the Responding Party as well as the arrangements for future communication. The staff member’s line manager should maintain appropriate communication during this time to check on the staff member’s wellbeing and signpost to the University’s Employee Assistance Programme.
10. Investigation Procedure
10.1 With HR&OD support, a Commissioning Manager will be appointed to decide upon how the complaint will be managed. The Commissioning Manager will usually hold a review meeting with the Responding Party to discuss the allegations and clarify the remit of any investigation which would be confirmed in writing. The Commissioning Manager appointed will be appropriately trained in handling complaints of this nature.
10.2 The University will ensure that investigations are undertaken without undue delay, and decisions made are objective, credible, reasonable, and reflect established principles of natural justice.
10.3 The University will communicate clearly with relevant parties about the investigatory process, decision-making process, associated timescales, and factors which may impact on timescales. Whilst every effort will be made to comply with the timescales set, the circumstances of a case may mean timescales need to be extended.
10.4 In all cases of alleged bullying, discrimination, harassment or victimisation, where the Reporting Party is a student, a named contact will be offered from a member of the Student Policy, Casework and Compliance Team. Where the Reporting Party is a member of staff, the named contact will be from HR&OD.
10.5 The named contact will be able to advise the Reporting Party on the investigation process and the support available to them. This person will act as a single point of contact for the Responding Party throughout the formal procedure and can provide information on University processes and facilitate practical support including arranging further welfare support where appropriate from either a Student Support Adviser, Wellbeing Practitioner or the University’s Employee Assistance Programme.
10.6 Cases of bullying, discrimination, harassment and victimisation will normally be investigated by an Independent Investigator. The Investigator will have been appropriately trained in investigating complaints of this nature. Where appointed, the role of the Investigator will be:
- To interview the Reporting Party (where required)
- To interview the Responding Party
- To interview appropriate witnesses
- To ensure that, where practicable, all relevant facts and witness statements are obtained in relation to the alleged misconduct
- To provide a written report outlining the findings of the investigation to the Commissioning Manager
- Assess the impact of the alleged misconduct on the Reporting Party considering any power imbalance
- To conduct the investigation in a confidential manner and complete the investigation without undue delay wherever possible.
10.7 During investigation interviews the Reporting Party, Responding Party and witnesses have the right to arrange to be accompanied by one of the following people. The accompanying person cannot be another witness to or be involved in the incident (or be legal representation).
- Sheffield Hallam University work colleague (for staff)
- Trade Union representative (for staff)
- Student Support Adviser or Wellbeing Practitioner (for students)
- A fellow Sheffield Hallam University student (for students)
- Students’ Union Advice Centre Adviser (for students)
10.8 This accompanying person’s role is supportive and they cannot speak on the person’s behalf or contribute materially to the investigative procedure. The availability of the accompanying person should not prevent the investigation process from proceeding or cause unreasonable delay. A person may be asked to identify alternative representation if it will cause a delay of more than one working week to the investigation process.
10.9 If the Responding Party does not take up the opportunity to speak to the Investigator, the investigation process will still proceed with the evidence available.
10.10 All investigatory meetings will be electronically recorded as per the University’s Notetaking Guidance.
11. Outcome of Investigations
1.1 The investigator will provide the Commissioning Manager with an investigation report summarising the investigation undertaken, facts established and conclusion(s) reached.
11.2 The Commissioning Manager will hold separate meetings with the Responding Party and the Reporting Party to convey the findings and outcome of the investigation. In all cases, a written outcome will be provided to the parties which will provide sufficient information to provide assurance that a full and detailed investigation has been undertaken. The disclosure of any further information will be considered on a case-by-case basis and subject to the University’s obligations under UK data protection legislation.
11.3 Possible outcomes of investigations:
- There is no evidence to support the complaint and therefore no action will be taken
- Stipulations around the future behaviour and conduct of the Responding Party
- Additional support and/or training for the Responding Party
- Mediation between the parties providing both parties agree to participating
- Referral of the matter to a Disciplinary Hearing
- Additional support for the Responding Party
11.4 If it is determined that the matter will not be progress to a Disciplinary Hearing for the Responding Party, the parties will be supported appropriately to maintain working relationships. The Commissioning Manager may make suggestions to and place expectations on both parties regarding actions they might undertake, such as seeking support.
11.5 If it is determined that the matter will progress to a Disciplinary Hearing for the Responding Party, this will be arranged in accordance with the Disciplinary Procedure.
11.6 The University will use any learning from the experience to put into practice any necessary changes to policies, procedures and management approaches.
12. Disciplinary Hearing Outcomes
12.1 The University considers all acts of bullying, discrimination, harassment and victimisation as serious breaches of discipline. Where the University determines that such acts have occurred, this may be subject to disciplinary action, including dismissal of the staff member, even if it is a first offence. All relevant circumstances will be taken into account in deciding an outcome. Future actions will be aimed at preventing and addressing any risk of recurrence.
12.2 Potential disciplinary action from a Disciplinary Hearing includes:
- A warning
- A final warning
- Action short of dismissal e.g. transfer to alternative post or location or demotion
- Dismissal
12.3 In the interests of transparency, consideration will be given as to whether it is appropriate to share the outcome of any disciplinary proceedings with the Reporting Party on a case-by-case basis and subject to the University’s obligations under UK data protection legislation.
12.4 Where the Responding Party is dismissed the Reporting Party will be informed.
12.5 Where the Reporting Party is told the outcome of disciplinary proceedings they will be asked to respect confidentiality with regards to the outcome.
13. Appeals
13.1 Responding Party
13.1.1 The Responding Party is not entitled to appeal the outcome of an investigation. Where the matter is progressed to a Disciplinary Hearing, the Responding Party will have the right of appeal against the outcome of any Disciplinary Hearing as per the Disciplinary Procedure.
13.2 Reporting Party (Staff)
13.2.1 If the Reporting Party feels that all the information relating to the complaint has not been duly considered, or that new information has come to light in support of their complaint they should outline the grounds of their appeal in writing to the Commissioning Manager within 5 working days of receipt of their investigation outcome letter.
13.2.2 Any appeal will be heard by the next level of management.
13.3 Reporting Party (Student)
13.3.1 If the Reporting Party feels that all the information relating to the complaint has not been duly considered, or that new information has come to light in support of their complaint, they should contact the Student Policy, Casework and Compliance Team (studentconduct@shu.ac.uk) who will be able to produce a Completion of Procedures letter. The student will have the opportunity to apply for a review by the Office of the Independent Adjudicator for Higher Education (OIA). The deadline for an appeal to the OIA is 12 months from the date of the Completion of Procedures letter.
14. Confidentiality and Record Keeping
14.1 All disclosures will be treated confidentially. Records of proceedings and personal data will be kept in accordance with the University's data retention policies and processed in accordance with the University’s obligations under UK data protection legislation.
14.2 Information concerning allegations must so far as reasonably possible be held in confidence by those to whom it is divulged. Information will only be shared on a need-to-know basis, including as appropriate with the individual against whom a complaint is brought. Once a complaint is raised with the University, it may be necessary for certain information to be shared with others within the University or to external bodies.
14.3 As an institution carrying out external-grant funded research, it may be necessary for the University to confidentially notify an external organisation if we instigate an investigation into allegations of bullying, discrimination, harassment or victimisation against a researcher whose research is funded by that external organisation. We may also need to inform the organisation of any sanctions taken against a researcher applying for or in receipt of funding.
14.4 The University expressly prohibits the use of non-disclosure agreements (NDAs) in cases involving harassment. This prohibition applies to all stages of the reporting, investigation, and resolution process. The University recognises that NDAs can have a silencing effect on individuals who have experienced misconduct and may hinder the pursuit of justice and institutional improvement.
15. Police Investigations and Judicial Proceedings (Criminal Offences)
15.1 Some types of misconduct may amount to a criminal offence.
15.1.1 Harassment in the context of section 1 of the Protection from Harassment Act 1977 is committed if the person knows, or ought to know, that their course of conduct amounts to harassment of the other person. A person ought to know it amounts to harassment if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
15.1.2 Hate Crime is that which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person's race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; disability or perceived disability, or transgender identify or perceived to be transgender.
15.2 Where a criminal offence may have been committed, such as serious assault, threat of serious assault, or criminal harassment. The University will investigate the facts as far as possible before deciding whether to take any disciplinary action under the Disciplinary Procedure. A University investigation is focused exclusively on whether a breach of University policies has occurred, therefore it may be possible to proceed with an investigation whilst criminal proceedings or Police investigations are ongoing. Alternatively, there may be cases where the University needs to pause any investigation or proceedings until the outcome of the criminal proceedings are known.
15.3 In all cases, the University will investigate the facts as far as possible before deciding whether to take any disciplinary action under the Disciplinary Procedure. A University investigation is focused exclusively on whether a breach of University policies has occurred, therefore it may be possible to proceed with an investigation whilst criminal proceedings or Police investigations are ongoing.
15.4 If a staff member is under investigation, arrested for, charged with, or convicted of a criminal offence related to behaviour that falls within the scope of this policy, they must declare this to the University. Consideration will be given to what effect this has on the employee’s suitability to perform the job and the employment relationship at a risk assessment meeting.
15.5 Where a staff member is convicted of a criminal offence or accepts a Police caution in relation to behaviour that falls within the scope of this policy. The conviction/caution will be taken as conclusive evidence that the behaviour took place, and no further investigation shall be required by the University. Appropriate measures may be taken (if they have not already) under the Disciplinary Procedure.
15.6 A decision by the Police or Crown Prosecution Service (or other law enforcement agency) to take no further action in relation to a criminal matter, or an acquittal at a trial, does not preclude the University from taking action under any procedure and does not mean the Reporting Party has made a vexatious or malicious report.
16. Addressing Third-party Harassment
16.1 Harassment by third parties will not be tolerated. All staff are encouraged to report any third-party harassment they experience or witness in accordance with this policy. Such complaints will be dealt with seriously and in the spirit of this policy and relevant procedures.
16.2 If complaints are upheld, this could lead to third parties being removed and potentially barred from University premises, third party contractor Service Agreements being terminated, or their disciplinary procedures being invoked.
16.3 If any third-party harassment of our staff occurs, we will take steps to remedy any complaints and future actions will be aimed at preventing and addressing any risk of recurrence.
17. Complaints Made in Bad Faith
17.1 If there is evidence that the complaint of bullying, harassment or victimisation have been made in bad faith and false information has purposely been provided this could result in disciplinary action being taken against the Reporting Party in accordance with either the Conduct and Discipline Regulations for Students or Disciplinary Procedure for staff.
18. Implementation, Monitoring and Review
18.1 The University will maintain non-identifying annual data on disclosures and reports of incidents reported to the Report and Support service for reporting to the relevant governance committee. The effectiveness of our data collection methods will be regularly reviewed to ensure they remain fit for purpose and responsive to emerging trends. Through these measures, we aim to build a comprehensive understanding of issues, enabling us to tailor our prevention and response strategies effectively.
Further Information, Support and Contacts
The University is committed to providing support to staff and students affected by these issues. A person who receives a report or disclosure should direct the person to the support available below.
If you are accused of bullying, discrimination, harassment or victimisation, advice can be sought from the following contacts. Further information is available at ‘What happens if an allegation is made against me?’.
Report and Support Service (for Staff and Students)
Is a service for staff and students through which they may make a full report or anonymous disclosure of an incident of sexual violence, harassment, abuse or hate crime and report it either anonymously or get support from an adviser. Report and Support will provide information on support options, both internal and external to the University, which may include advice on how to take the complaint forward.
Multi-faith Chaplaincy (for Staff and Students)
Our multi-faith chaplaincy is available to both staff and students and can be contacted by emailing chaplaincy@shu.ac.uk or by calling 0114 225 3153 or 07831175562.
Human Resources and Organisational Development (for Staff)
Is responsible for providing guidance whilst ensuring the University follows best practice in line with our policies and legal requirements.
Employee Assistance Programme (for Staff)
The EAP provides a comprehensive confidential service to support health and wellbeing, including counselling, legal and financial advice, provided by clinical qualified, accredited and registered counsellors. They can be contacted 24/7 hours a day, 365 days a year via telephone (0800 028 0199) or their EAP App.
Trade Unions (for Staff)
Trade Unions offer various services to their members, including legal assistance, financial advice, and support during job-related challenges. They can provide support to their members, including accompanying staff at formal meetings.
Student Wellbeing (for Students)
Access free wellbeing support through drop-in sessions or self-referrals to specialist practitioners. You can email student.wellbeing@shu.ac.uk or call 0114 225 2136 to register to speak to a wellbeing practitioner.
Hallam Students' Union (for Students)
The Hallam Student Union signposts students to seek wellbeing support from the Student Wellbeing service provided by the University. The Hallam Students’ Union can be contacted directly at hello@hallamstudentsunion.com or by calling 0114 225 4111.
Associate Policies and Guidance
Prevention of Sexual Harassment and Sexual Misconduct Policy
Staff and Students Personal Relationships Policy
Speak Out (Whistleblowing) Policy
Freedom of Speech Code of Practice
References
Condition E6: Harassment and Sexual Misconduct
Policy Owner | Human Resources & Organisational Development |
Effective from | 1st August 2025 |
Planned review date | 1st August 2026 |
Equality Impact Assessment completed | Yes |
Approved by: | JNC |
Directorate \ team who own the policy | Employee Relations |