East Durham College - Sexual Harassment Policy

POLICY TITLE: Sexual Harassment Policy
DOCUMENT NUMBER: 1.33
GROUPING POLICY: Human Resources
AUTHOR / REVISOR / OWNER: HR Director
DATE OF CURRENT VERSION: October 2026

This Policy applies to everyone who works for us, including employees, workers, agency workers, consultants, casual workers, volunteers and interns. It does not form part of your contract with us and we reserve the right to amend it.

Anybody can be a victim of sexual harassment, regardless of their sex and the sex of the harasser. Sexual harassment can also occur between people of the same sex. Similarly, we recognise that sexual harassment can occur between peers or through power disparities, such as a manager and an employee.

All forms of sexual harassment are prohibited whether they take place on our work premises or off-site, including at social events, business trips, training sessions or conferences. 

We are committed to providing a work environment free from sexual harassment where everyone is treated with dignity and respect. Sexual harassment is unlawful, and we will not tolerate it. 

We will take active steps to help prevent our staff from being sexually harassed in the workplace or from being victimised if they have made a complaint or have supported someone else who has made a complaint (Public Interest Disclosure Policy (Whistleblowing)

We encourage anyone who is a victim of, or witness to, sexual harassment to report it in accordance with this policy. This will enable us to take appropriate action and provide support. Any member of our staff who sexually harasses another person will be disciplined and, where appropriate, may be dismissed.

Contents:

1. Definition of Sexual Harassment
   1. Physical Conduct
   2. Verbal Conduct
   3. Non-Verbal Conduct
2. Third Party Harassment
3. Steps to Prevent Sexual Harassment
4. Complaints Procedures
5. Sanctions and Disciplinary Measures
6. Responsibilities
   1. College Leadership Group/College Management Group
   2. HR Department
   3. Colleagues
7. Support and Protection
8. Confidentiality
9. Summary

Relevant documentation:

• Grievance Policy
• Disciplinary Policy
• Dignity at Work Policy
• Code of Conduct
• Public Interest Disclosure Policy (Whistleblowing)

Sexual harassment is any unwanted physical, verbal or non-verbal conduct of a sexual nature that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Unwanted means unwelcome or uninvited. It reflects the employee’s view and means unwanted by them.

It also includes treating someone less favourably because they have submitted or refused to submit to unwanted conduct of a sexual nature in the past. 

A single incident can amount to sexual harassment. Examples of these types of behaviour include, but are not limited to:

Physical Conduct

• Unwelcome physical contact including pinching, inappropriate touching, patting, stroking, kissing, hugging and fondling.
• Physical violence, such as sexual assault.
• The use of job-related rewards or threats to solicit sexual favours.

Verbal Conduct

• Intrusive questions about someone’s private life.
• Sexual comments, stories and inappropriate jokes.
• Sexual advances.
• Repeated and unwanted invitations for physical intimacy or dates.
• Comments on an employee’s appearance, age, private life etc.
• Insults based on sex.
• Sending sexually explicit messages, such as by phone, email or via social media.

Non-Verbal Conduct

• Displaying sexually explicit, suggestive or erotic material.
• Sexually suggestive signals or gestures.
• Whistling.
• Leering.

These lists are by no means exhaustive. Sexual harassment can include any conduct of a sexual nature which is unwanted and unwelcome by the recipient and causes a toxic working environment.

A person may be sexually harassed even if they were not the intended target. For example, a person may be sexually harassed by pornographic images displayed on a colleague’s computer in the workplace or by overhearing colleagues’ boasting about their sexual conquests. 

A person may experience sexual harassment because of conduct of a sexual nature that they find unwanted, even if it was not intended to have that effect by the person doing it. For example, whilst a joke may have been intended to be inoffensive, it may be offensive to the recipient and if it is of a sexual nature, this may amount to sexual harassment. 

Any member of staff who sexually harasses another person will be disciplined (and in appropriate cases may be dismissed) if it happens: 

• In a work situation including whilst working from home.
• During any situation related to work, such as at a social event with colleagues, clients or customers.
• On social media or other platforms and involves a colleague or any other person connected to us.

Against anyone outside of a work situation where the incident may negatively impact on our reputation or is relevant to your suitability to carry out your role. 

Third-party sexual harassment occurs where a person is sexually harassed by someone who isn’t employed by us or is under our control but with whom they have come into contact during the course of their employment. 

Third-party harassment could include, for example, 

• Unwelcome sexual advances from a supplier visiting our premises,
• By our customers, students, visitors, or where employees are visiting third party premises in the course of their employment.

The law requires us to take reasonable steps to prevent sexual harassment by third parties and we will not tolerate third party harassment either by a third party to our staff or by our staff to a third party. 

All staff are encouraged to report any sexual harassment they experience or witness in accordance with this policy, including third party harassment, and to speak to their manager or any other appropriate person in our business if they think there are additional steps we could take to protect them from sexual harassment.

We will take the following reasonable steps to prevent sexual harassment in our workplace: 

• Conduct regular risk assessment to identify where our staff may be exposed to sexual harassment by other members of staff or by third parties.
• Implement training programmes for all employees to ensure they recognise behaviours that may amount to sexual harassment, understand how we expect them to behave towards the people they come into contact with and how to complain if they experience or witness inappropriate behaviour.
• Make this policy available to all members of staff.
• Encourage staff to report incidents deal with complaints in line with this policy.

Anybody subject to sexual harassment should, if possible, inform the harasser that the conduct is unwanted and unwelcome. However, we understand that sexual harassment may occur in unequal power relationships (such as between an employee and a Line Manager) so it may not be possible for the victim to inform the harasser.

The victim is encouraged to write down their version of events as soon as possible to ensure they capture as much detail of the event as possible. This should include any evidence they have, and the names of those who may have been witness to the incident. 

The individual should report this incident to their line manager or the Human Resources Department as soon as possible.

The HR Department will deal with complaints in line with our grievance policy and Public Interest Disclosure Policy (Whistleblowing).

We may, if we think it necessary, separate you from the person you are complaining about whilst we investigate to prevent things from getting worse whilst the investigation is ongoing. This is not a prejudgment of your complaint, and we will discuss this with you before doing it.

If we uphold your complaint we will deal with the matter in accordance with our disciplinary policy. 

If we decide not to uphold your complaint, we will explain why and explain how you can appeal in accordance with our Grievance Policy. If your complaint relates to a colleague, we will consider ways of improving your working relationship and may, for example, suggest mediation or offer training.

Any employee found to have sexually harassed a colleague or another person will be subject to disciplinary action and may be dismissed. We will take into consideration any aggravating factors such as abuse of power over a more junior or vulnerable colleague, when deciding on the appropriate disciplinary action. We may also report any criminal acts to the police. 

If a member of staff has been harassed by a third party, we will take appropriate action to prevent it from reoccurring. That may include warning the harasser that if they repeat their behaviour we may ban them from our premises, their employer notified or as appropriate report any criminal acts to the police. 

All colleagues in the College have a responsibility to prevent sexual harassment in the workplace. 

College Leadership Group/College Management Group

The College Leadership Group (CLG) and College Management Group (CMG) will ensure they have a strong understand of sexual harassment and their obligations to prevent sexual harassment in the workplace. 

They will ensure that they keep up to date with their sexual harassment training, provided by the HR Department. 

Line Managers

Line Managers will ensure that they are up to date with this policy and their understanding of sexual harassment. 

They will, in conjunction with their staff, carry out risk assessments on any area or activity which may be at risk of sexual harassment and will take reasonable steps to prevent and mitigate these risks. 

HR Department

The HR Department will ensure that the Sexual Harassment Policy remains to up to date and compliant with legal obligations.

Furthermore, they will ensure that relevant and regular training is provided to all colleagues, including new starters. 

Colleagues

All colleagues of East Durham College have a responsibility to ensure that they:

• Conduct themselves in an appropriate manner at all times both on and off site,  
• Do not behave in any way which could be deemed as harassing,
• keep up to date with sexual harassment training, provided through the internal training provider.
• understand this policy, and discuss any queries with the HR Department.

In addition, colleagues should review their own behaviours to ensure they are in line with college expectations, as well as speaking to those who are behaving unacceptably and report any in appropriate behaviour. 

Anyone who raises an allegation of sexual harassment with us in good faith will not be subjected to any detriment as a result. We will provide appropriate support to anyone who makes a complaint or who witnesses an incident and will protect them from victimisation. You should not fear retaliation for having raised or supported a complaint of harassment and you will be protected from being treated less favourably because you have done so.

There are many external support agencies that can offer you help and support if you are a victim of sexual harassment and you need someone to talk to. Some examples include:

• Visit a Citizens Advice Bureau.
• Contact the ACAS helpline: 0845 747 4747.

If you have been the victim of sexual assault or rape, you can contact:

• NHS direct helpline on 0845 46 47.
• Victim Support line: 0845 30 30 900.

Colleagues are reminded that allegations of sexual assault are extremely serious, and high levels of confidentiality must be maintained at all times. Concerns should not be discussed with anyone other than the colleagues Line Manager, the HR Department, and any other mutually agreed person. 

East Durham College has a zero-tolerance approach to sexual harassment, and all allegations raised to the HR Department will be taken seriously, with no repercussions for the victim where a complaint has been genuinely raised. The college will monitor and review any concerns of sexual harassment raised to ensure that they are appropriately and properly investigated.