Sexual violence and misconduct (SVM)

SVM is defined by the University as any unwanted sexual act or activity, or series of acts or activities, including rape, sexual assault, sexual abuse and sexual harassment. It includes any unwanted behaviour of a sexual nature that is committed without consent or by force, intimidation, coercion or manipulation, such as sexual exploitation and sexual intimidation.

Consent is defined by section 74 of the Sexual Offences Act 2003. Someone consents to a sexual act only if s/he agrees by choice and has the freedom and capacity to make that choice. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. Sexual activity without consent is sexual assault.

As part of preventing harassment and misconduct, we want to support all our students to learn about consent and communicating about boundaries. As a starting point, try the University’s Disclosure and Consent eLearning course.

Yes, SVM is not just rape or sexual assault. Stalking and harassment may include behaviours that cause you to fear that violence might be used against you and are both forms of SVM therefore are included within the SVM policy.

Consent is requested from any reporting student or witness before their statement/allegations are put to the responding student. So your name will not be disclosed to the responding student without your consent.

There may be times when a reporting student and/or witness gives consent to take a complaint forward but wishes to remain anonymous. This does not mean that the complaint won’t be taken forward as there may be instances where a piece of evidence is sufficient to take forward an anonymous complaint or witness statement, for example a screen shot of a group chat.

Ultimately if a victim/survivor does not want make a report, this is their choice. Disclosing an experience of SVM will likely be incredibly difficult. Barriers to disclosure include fear, shame, disbelief, denial, thinking they won’t be believed or being unaware that SVM has occurred. Taking the step to disclose SVM takes courage, resilience and bravery and we will always listen to people who make disclosures and offer them support.

A student can disclose SVM but not make a formal report. They may still access support from university services. A member of staff receiving a disclosure will not make a named report or instigate an onward referral without the student’s consent, except where concerns about safeguarding or ‘Fitness to Practise’ arise, in which cases members of staff may have a professional duty to make a formal report and the student will be made aware of this before action is taken.

A Sexual Assault Referral Centre, known as a SARC, is a place where anyone who has been raped or sexually assaulted can go for specialist medical and forensic services. A rape or assault may leave visible or forensic evidence, and while preserving evidence may be the last thing on your mind in the aftermath of an attack, if you are able to go to a sexual assault referral centre (SARC), they should be able to provide specialist medical and forensic services free of charge for anyone who has been raped or sexually assaulted. You can find a SARC near you: https://www.nhs.uk/live-well/sexual-health/help-after-rape-and-sexual-assault/. 

If you make a police report they will usually refer you to a SARC as it is important to preserve evidence as soon as possible after the incident however any evidence taken will be kept for two years and you are under no obligation to report to the University or make a formal report to the police if you visit a SARC.

If your assailant is a fellow student or staff member, you can report them to the University, since their conduct will be a breach of the student or staff code of conduct. Just because the police are not taking the case forward does not prejudice any University response to a student report. The University has the power to impose a range of sanctions on a student or staff member who has breached its code of conduct, including suspension, exclusion or dismissal, and campus access and contact restrictions. 

Some people feel strongly about reporting misconduct to their University, because they fear a repeat of the misconduct, either towards themselves or others, or because they want the incident formally acknowledged and some action taken.

Experiencing SVM can be very harmful and students may not initially recognise this harm, or may need to wait some time before making a formal report. Because of this, there is no time limit within the university for making a report of SVM, and we encourage students to report (either anonymously or with their name), to help us keep other students and staff safe. It is important to note that some legal avenues open to victims/survivors do have time limits.