Harassment & sexual misconduct

Harassment includes unwanted behaviour or conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment because of, or connected to, one or more of the following protected characteristics:

• age
• disability
• gender reassignment
• race
• religion or belief
• sex
• sexual orientation 

We would also consider harassment to include any incidents of physical violence towards another motivated by hostility or prejudice, based on a person's protected or perceived protected characteristics.

‘Harassment’ has meaning given law, specifically Section 26 of the Equality Act 2010 and Section 1 of the Protection from Harassment Act 1997 (in its entirety, and as interpreted by section 7 of the Act).

‘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

We also understand sexual misconduct to include domestic violence and abuse (which can also involve control, coercion and threats) and stalking. We also recognise that it can occur through any medium, inlcuding online.

‘Appropriate support’ means the effective assistance, examples may include:

• support which meets the needs of students who have any level of involvement in an incident of harassment and/or sexual misconduct. This extends from disclosure through any investigatory and decision-making processes
• personal support, such as Sexual Violence Liaison Officers (SVLO), Safeguarding Team or talking therapies
• academic support, including decisions about attendance, continuation, suspension or cessation of study.

We use the word 'incident’ in circumstances where, for example:

• allegations or reports are made to the provider about harassment and/or sexual misconduct
• the provider could reasonably be considered to have grounds for suspecting that harassment and/or sexual misconduct has taken place or is taking place

Disclosures and reports are different, and therefore we respond to them differently.

A disclosure is made when someone tells a member of Institute staff that they have experienced harassment or sexual misconduct.

A disclosure can be made in person, online or via other means such as phone or email. The person who has chosen to disclose (disclosing individual) does not need to provide the full details of their experience if they do not wish to. Although they will be advised of the options open to them and supported to make a formal report if they choose to, they will not be pressured to make a formal report.

If the incident is non-recent, the disclosing individual can still disclose it to the Institute and receive support. They can access the Student Support team, Safeguarding Team and the Sexual Violence Liaison Officers (SVLOs) for advice.

Disclosure does not create a formal report, and is not an instruction for the Institute to take action. The disclosing individual will have the opportunity to be heard and to consider their options before proceeding with any further steps. No action will be taken immediately by the Institute unless there is a concern about immediate safety. or if the Institute has a duty under safeguarding.

Where a person chooses to disclose anonymously via Dyson’s Speak Up facility, no action will usually be taken on basis of their disclosure. Anonymised data will help the Institute to understand patterns in behaviour and inform future policy.

The disclosing individual may choose to make a formal complaint to the Institute under the Harassment and Sexual Misconduct Policy and thereby seek a resolution via the Institute.

A formal report is different to a disclosure; the Safeguarding or SVLO team will clarify with the disclosing individual that they wish to make a formal report and document accordingly. A formal report is where the reporting individual notifies the Institute that something has happened and that the disclosing individual who has made the report wishes the Institute to take action. From this stage onwards, the disclosing individual is referred to as the Reporting Individual, and the person who is alleged to have committed the misconduct is referred to as the Reported Individual Party.

The report may be verbal and recorded with consent, at that time by a member of staff and agreed by the reporting individual, or submitted in writing via the safeguarding portal or via email to DIETsafeguarding@dyson.com. All Institute staff are trained to support students to make reports and manage disclosures.  

The report does not need to include in-depth detail about the experience but requires enough information so that the Institute can take the report forward and understand what has happened.

The report will be shared with the Designated Safeguarding Lead (DSL), or Deputy DSL in their absence. The Institute will not take any action without the involvement of the Reporting individual unless there is an immediate threat to safety. 

The Reporting individual has the right to withdraw their report and to stop the formal Disciplinary Process at any time. The disciplinary policy and process is available here. 

The Institute recognises the importance of privacy for disclosures and reports when sharing information on harassment and/or sexual misconduct. We only share information on a confidential, need-to know basis.

Confidentiality is not absolute secrecy. There may be circumstances where it is necessary or appropriate to share information either within the Institute, Dyson Technology or with external organisations/bodies, for example to:

• Allow a case to be appropriately considered and investigated
• Ensure those who disclose an experience or are alleged to have committed misconduct
• Receive appropriate academic and pastoral support
• Safeguard members of the Institute community and fulfil the Institute’s duty of care
• Discharge the Institute’s duties or as required by law

We will tell you if and when we have to share, and with whom. We also aim to tell you in advance of what you are going to tell us.