Definitions
Harassment has the meaning given in 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). (PHA).
As defined by Section 26 and Section 26(2) of the Equality Act 2010, the Sexual Offences Act 2003, the Criminal Justice and Courts Act 2015 and as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017:
Harassment is where a person engages in unwanted behaviour or conduct related to a relevant protected characteristic (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation) and the conduct has the purpose or effect of violating the other person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for the other person.
As defined by the PHA, harassment applies where a person pursues a course of conduct which amounts to harassment of another, and which the perpetrator knows, or ought to know, amounts to harassment of the other. This can include, but is not limited to, alarming the person or causing them distress.
Sexual misconduct means any unwanted or attempted unwanted conduct of a sexual nature and includes, but is not limited to, sexual harassment, sexual assault and rape*. It can be either in the online and/or offline world. It has the purpose or effect of violating the dignity of a person, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.Something can still be considered sexual harassment even if the alleged harasser didn’t mean for it to be. It also doesn’t have to be intentionally directed at a specific person.
It is unlikely to amount to harassment or sexual harassment when students are exposed to course materials, and statements made and views expressed by a person as part of teaching, research or discussions about any subject matter that is connected with the content of a Higher Education course.
NTC is committed to protecting and promoting both freedom of speech and academic freedom within the law.
* (as defined by Section 26 and Section 26(2) of the Equality Act 2010, the Sexual Offences Act 2003, the Criminal Justice and Courts Act 2015 and as set out by the Equality and Human Rights Commission: Sexual harassment and the law, 2017)