Procedure for students on disclosing and reporting incidents of sexual violence, misconduct and harassment

Sexual violence, misconduct, and harassment covers a broad range of inappropriate, unwanted behaviour. It is defined as any unwanted conduct of a sexual nature which occurred in person, or by telephone, letter, text, email or other electronic and/or social media, and includes, but is not limited to: 

• engaging, or attempting to engage, in a sexual act with an individual without their consent

• sexually touching another person without their consent

• conduct of a sexual nature which creates (or could create) an intimidating, hostile, degrading, humiliating, or offensive environment for others including making unwanted remarks of a sexual nature

• recording and/or sharing intimate images or recordings of another person without their consent

• arranging or participating in events which may reasonably be assumed to cause degradation and humiliation, for example inappropriate social/sporting initiations.

To give consent an individual needs to have the freedom and capacity to make the choice whether or not to take part in sexual activity at the time in question. This can be considered in two stages: 

1. Whether an individual had the capacity (i.e. the age and understanding) to make a choice about whether or not to take part in the sexual activity at the time in question. 

2. Whether the individual was in a position to make that choice freely, and was not constrained in any way, something particularly relevant when a complainant is intoxicated by alcohol or affected by drugs. 

Assuming that the individual had both the freedom and capacity to consent, the crucial question is whether the complainant agrees to the activity by choice. 

The University will provide support to any student who discloses an incident regardless of their choice to make a formal report of the incident to the University or Police. Support for current students remains regardless of the outcome of an investigation. 

Both the student disclosing the incident (Reporting Student) and the Alleged Perpetrator (if a University student or member of staff) will each have a member of staff allocated to them to offer welfare and pastoral support. The University will ensure that this support is provided by different members of staff. Staff in these roles are specially trained to support either party during or after an investigation. 

The Reporting Party will also be supported in a referral to external specialist support if requested/appropriate. 

The Reporting Party and Alleged Perpetrator may also be signposted to the Students’ Union Advice Service to access impartial and confidential advice. 

The University will maintain a central record of incidents to ensure there is effective engagement in prevention and response initiatives. The Student Services Department will keep a record of all reports of sexual violence and misconduct involving students and/or staff, including anonymous ones, for trend monitoring purposes. 

Disclosure and reporting are separate actions that the Reporting Party may choose to take. Following a disclosure the Reporting Party will be given the options they have to report, along with information on support available both within and outside the University.  

The University recognises that the Reporting Party may require time to reflect before making a decision whether to report. 

The University further recognises that some Reporting Students may decide not to report and may choose just to receive advice and or information on the support. 

The types of incident a student may wish to disclose /report on may include incidents where the Alleged Perpetrator is 

• a fellow student at Manchester Metropolitan University  

• a member of University staff

• someone external to the University.  

Reporting students may choose to disclose to any person within the University community but are advised to report via the Report and Support website.

The Reporting Student will be offered support by one of the University’s Sexual Violence Liaison Officers. 

In cases of emergency, where a sexual assault has just taken place and the Alleged Perpetrator still poses an immediate risk of harm, the Reporting Student should ring University Security on 0161 247 2222, if on campus, and report the incident and ask them to call the police. If off campus, call 999. 

If the Reporting Student makes an allegation of sexual violence or misconduct against another student (Alleged Perpetrator) this behaviour may be regarded as misconduct under the Student Code of Conduct. Any Reporting Student who wishes to make a complaint about the conduct of another student must use the Student Complaints Procedure. 

In the event that the alleged perpetrator is a member of University staff, or a contractor of the University, action can be taken by the University’s Human Resources department as appropriate.

Any student reporting an incident of sexual violence or misconduct to the University will be supported in choosing and assessing the course of action most appropriate to them. Please note that the University cannot report an incident to the Police on behalf of a student unless there is an immediate and serious risk to the safety of others. If the Reporting Student decides to inform the Police (or has already done so) and a criminal investigation or judicial proceedings are ongoing, or are likely to commence, the University will not start an internal investigation, or will suspend any ongoing investigation. 

Any decision by the police or Crown Prosecution Service to take no action in relation to a criminal matter, or an acquittal at trial does not preclude the University from taking action. 

In all cases of reported sexual violence or misconduct the university will discharge its duty of care by establishing the extent of any breaches of its misconduct policies. A process of formal risk assessment will also be undertaken to consider the potential risks to the Reporting Student; the Alleged Perpetrator (if also a student); other members of the University community; and the University itself.