What is sexual misconduct and assault?

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 assault is a criminal offence and is contrary to the University's disciplinary procedures. A person commits sexual assault if they intentionally touch another person, the touching is sexual, and the person does not consent. 

 

It involves all unwanted physical contact of a sexual nature and ranges from pinching, embracing, groping and kissing, to rape and sexual assault which involves penetration without consent. 

 
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 whether someone is physically and/or mentally able to make a choice and understand the consequences of that choice.

The University offers online consent training for both staff and students called 'Consent Matters'. The training helps explain what consent looks and sounds like, how to clearly communicate what you want, when consent can be given and when it can’t, and how and when you might step in when consent is not present.

 

Sexual harassment is unwanted and unwelcome words, conduct, or behaviour of a sexual nature that has the purpose or effect of creating an intimidating, embarrassing, hostile, degrading, humiliating or offensive environment for the recipient. It is a misuse of personal or institutional power and is often based on a person’s gender although it is rarely about sexual desire. 

 

For the purpose of this policy, whether or not the harasser intended to be offensive is irrelevant. The limit of acceptable behaviour as described by this policy is up to the recipient to decide. A single incident or persistent behaviour can amount to harassment.

 

Sexual harassment can range from behaviour that stems from obvious to anyone, or subtler behaviour less obvious to either the person responsible for the behaviour or to the recipient. Often the impact is not felt or witnessed immediately. The impact may go beyond the recipient to people who see or hear what happens or who try to offer support.

 

Sexual harassment can include but is not limited to catcalling, following, making unnecessary and unwanted physical contact, sexual jokes and comments, giving unwelcome personal gifts, wolf-whistling, leering, derogatory comments, unwelcome comments about a person’s body or clothing, unwelcome questions about a person’s sex life and/or sexuality, engaging in unwelcome sexual propositions, invitations and flirtation, making somebody feel uncomfortable through displaying or sharing sexual material.

Sexual harassment does not necessarily occur face to face and can be in the form of emails, visual images (such as sexually explicit pictures on walls in a shared environment), social media, telephone, text messages and image-based sexual abuse, such as revenge porn and upskirting.

Verbal assault

 

Verbal assault makes it an offence to use threatening, abusive or insulting language with the intention of causing someone else harassment, alarm or distress.

 

 

An assault is any act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. The term assault is often used to include a battery, which is committed by the intentional or reckless application of unlawful force to another person.