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Dignity at study principles

1. Key principles

Birkbeck is committed to providing the highest quality academic environment where all are welcomed, respected and treated in a consistent and non-discriminatory manner. Harassment and bullying of any type undermine the core values of the College and can have a serious and negative effect on the health, confidence, morale and performance of those affected by it, and on the working, learning and living environment.

Bullying, harassment and victimisation behaviours will not be tolerated in the College environment and may be addressed through the appropriate staff or student disciplinary procedure. Some such behaviours may also be unlawful (see section 5 below). Behaviour refers to a range of interactions, these may be face-to-face, but also include those which take place through non-face-to-face mediums, e.g. emails, correspondence, social networking sites, text messages, chat and video conferencing services (such as MS Teams).

All staff, students or visitors to the College are expected to work within this set of principles. Staff members and students have an important role to play in ensuring that no form of bullying, harassment or victimisation, specifically that relates to a person’s (or persons') protected and/or other characteristics (see section 5 below), is tolerated within our community, either between or towards; employees, students, contractors, consultants or visitors to the College.

If a student experiences bullying or harassment from someone who is not a Birkbeck staff member or student, separate arrangements and wellbeing support may exist to help resolve this issue. Any incident of this nature should be disclosed through the normal reporting mechanism in the Birkbeck ASK system by selecting ‘Report an incident of sexual violence, harassment, hate incidents and bullying’ The situation will then be addressed on a case-by-case basis with the appropriate College lead staff contact who has responsibility for the other party coming into contact with the student raising the issue e.g. the local contract manager or the person responsible for setting up a placement. Any student or visitor who witnesses any practice or behaviour that contravenes these principles, should report their concern using the ASK system (referred to above) and those concerns will be investigated appropriately.

The Principles of Dignity at Study are intended to support the College’s provision of an inclusive learning environment. They are not intended to unreasonably restrict the content of teaching, research or other academic debates, save for the intention to offer a safe learning environment, free from discrimination, harassment or bullying. Reference should also be made to the College’s policy on Freedom of Speech.

2. The College's approach to allegations of bullying and harassment

The College takes all reports of bullying and harassment, whether informal or formal, extremely seriously, and will manage all reports received with appropriate confidentiality and sensitivity.

As a general principle, the College will maintain confidentiality. Information about the allegations made will only be given to those who strictly need to know about the issues raised. In seeking a resolution, those investigating the allegations will need to discuss them with the person or people about whom they are made. The College will seek to support all individuals in the resolution of genuine concerns, helping students who make reports of bullying and/or harassment to understand the options that are available to them to resolve the issue. Any actions to be taken by the College that arise from the case will be discussed with the student making the allegations in the first instance, prior to any action being taken.

The College recognises its equal responsibility both to the person making a complaint and the person who has had a complaint made against them. Any allegation of bullying or harassment must be made using the appropriate process outlined for it to be properly investigated. We cannot investigate anonymous allegations. In investigating reports, the College will be mindful of the rights of both the person (or people) making the allegations, and the person (or people) about whom the allegations are made. Equally, the College can take action against anyone making a vexatious or malicious allegation.

The College will fulfil its obligations with regard to reporting incidents to external parties (such as the police, relevant research funders, or professional bodies) as appropriate. While the College will endeavour to protect individual confidentiality, this will be balanced with the nature of any risks arising from any circumstances of bullying and harassment. Where unacceptable risks to health, safety or property are perceived, the College reserves the right to take action under this procedure, whether or not the person making the allegation agrees. If such action is necessary, the student will be notified. Upon receipt of a formal case of bullying and harassment raised by a student , the College reserves the right to reclassify allegations concerning student discipline as a student complaint, or an academic appeal, if the submission has been made to the incorrect procedure, or the submission falls properly within the remit of one procedure rather than the other.

3. Criminal offences

Where behaviour has been alleged that would amount to a serious criminal offence, e.g. physical or sexual assault, this should be immediately reported to the police. In such cases, any resulting criminal proceedings would normally be expected to have been completed before the College will take action under the appropriate policy (although suspension via the Student Discipline Policy or the Wellness and Support Policy may be considered appropriate, if necessary).

4. Definitions of behaviour

It is acknowledged that there is difficulty in providing an all-covering definition of bullying and harassment, as the experience of such behaviour may have a different ‘feel’ for each individual affected: what one person would consider acceptable may feel uncomfortable to another, whether this relates to a pattern of unwelcome behaviour or a single incident. However, certain behaviour will always be unacceptable and this is defined as follows:

  • 4.1 Harassment

    Harassment is defined as unwanted verbal, non-verbal, and physical conduct which violates a person’s dignity. It may be related to characteristic protected under the Equality Act 2010, such as age, disability, gender reassignment, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, marriage and civil partnership, sex or sexual orientation. It creates an intimidating, hostile, humiliating and offensive environment and can lead to interference with the individual’s working, learning and social environment. A person may be harassed even if they were not the intended "target". For example, a person may be harassed by racist jokes about a different ethnic group if they create an offensive environment.

    Examples of harassment may include, but are not limited to the following which may take place in person or online:

    • remarks, gossip or jokes about an individual
    • obscene gestures or language
    • the display or electronic transmission of offensive material
    • physical contact of any kind to which an individual has not consented, or which they have not been given an opportunity to reject (this can range from touching through to serious assault)
    • unwanted attention by any means, including electronic communication such as text messages, email, social media, etc.
    • following, stalking or spying on an individual
    • seeking advantage over someone by threatening or pressuring them in an unwelcome way
    • isolation, non-cooperation, or exclusion from work-related activities.

  • 4.2 Sexual misconduct

    Sexual misconduct covers a broad range of inappropriate, unwanted behaviour. It extends from the most severe forms of sexual violence including rape and sexual assault to unwanted touching, stalking, abusive or degrading remarks and a vast range of inappropriate behaviour in between.

    Sexual misconduct does not necessarily have to mean either sexual violence or sexual harassment but can include a range of abuses relating to unequal power, issues of consent or abuse of power to pressurise someone into doing something they don’t want to.

  • 4.3 Bullying

    Bullying is a serious form of harassment, which may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.

    Some examples of bullying include (but are not limited to):

    • using abusive language
    • Unreasonably removing areas of responsibility
    • continually ignoring or excluding an individual
    • deliberately undermining someone through overload and constant criticism
    • picking on one person when there is a common problem
    • publishing or defacing material/graffiti that is offensive about an individual or groups
    • frightening someone with physical or other threats
    • shouting at or humiliating an individual in front of colleagues, or in private
    • preventing individual achievement by intentionally blocking training or development opportunities.

    Bullying is not always a top-down phenomenon in respect of formal roles or positions in hierarchies; it can also be directed upwards, sideways or diagonally.

    It is also important to note that in some cases, bullying allegations may themselves be manifestations of bullying.

  • 4.4 Cyberbullying

    Cyberbullying is the term used to define bullying behaviour that takes place via mobile phone or over the internet, for example, through emails, instant messaging, social networking websites and chat and video conferencing services (such as MS Teams). Cyberbullying is not carried out face-to-face, but instead includes sending text messages or images via the mobile network, or posting on a website, e.g. Facebook, or Moodle, or via a chat and video conferencing service that hurts, intimidates or embarrasses another person.

    Cyberbullying is no different from any other forms of bullying; the behaviour is the same and the impact is no less devastating for individuals.

    There are limitations to the action the College is able to take regarding behaviours in virtual environments outside its control, however, the College will seek to provide support to students experiencing cyberbullying.

  • 4.5 Victimisation

    Victimisation occurs when someone is subjected to a detriment because they have made or supported allegations about discrimination or harassment, or because an individual thinks that they may do so. For example:

    • denying someone the opportunity to participate in a work-related activity/opportunity because they are perceived to be a ‘troublemaker'
    • lowering a student’s assessment results because they have made or supported a complaint
    • victimisation or retaliation as a result of allegations about bullying or harassment being made is unacceptable in the College environment and may lead to disciplinary action.

  • 4.6 Interpretation

    Whilst many of the examples outlined above would be easily recognisable as unacceptable to most people, some conduct can constitute harassment or bullying even where the person did not intend their behaviour to be offensive. A single incident, if sufficiently serious, could constitute bullying or harassment.

5. Unacceptable behaviour and the legal content

It should be noted that bullying, harassment or victimisation may constitute unlawful discrimination if it is related to the personal characteristics of:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnerships
  • pregnancy and maternity
  • race
  • religion and belief
  • sex
  • sexual orientation.

The Equality Act 2010 provides protection for individuals from harassment based on these nine protected characteristics whilst applying for jobs and educational courses, during and post-employment (in relation to the College providing verbal or written references).

The College takes its responsibilities regarding the duty of care to employees and students seriously and will abide by the requirements set out in other related legislation such as the Protection from Harassment Act 1997 and the protection for whistleblowers under the Public Interest Disclosure Act 1998. Serious cases of harassment may amount to a civil or criminal offence under the Protection from Harassment Act 1997 or other laws; such cases may be referred to the police and criminal proceedings may commence. Furthermore, Birkbeck will continue to challenge all forms of harassment, bullying or victimisation on the basis of political or other opinion, affiliation, national or social origin, birth or other status.

6. What do I do if I feel that I am being bullied or harassed?

Students are encouraged to seek support and take action as soon as they can after an incident has occurred (refer to sections 7 and 8 below for information about getting support and seeking a resolution). A delay may result in an incident becoming more severe, or more difficult to investigate and resolve at a later stage. If you feel that you are in physical danger, or your personal safety is at risk, you should seek help immediately from your tutor in class or from a member of the College reception staff.

7. Getting support

If you sense that you are being bullied and/or harassed, you may experience a variety of emotions such as feeling upset, anxious, isolated and vulnerable. It may seem like you are powerless to address the problem and you may feel that it is out of your control. In this situation it is important to try to talk to someone you trust as a first step in taking control of the situation and in understanding what it is that is causing you distress. Students can seek advice by speaking to their personal tutor or contacting the Student Union Support Service. Students can seek support by disclosing an incident through the Birkbeck ASK system by selecting ‘Report an incident of sexual violence, harassment, hate incidents and bullying’. This will be seen only by Birkbeck’s safeguarding team. Our Safeguarding Officers are trained, experienced professionals who can support any student who has experienced bullying, harassment or sexual misconduct. They will work with you to understand your experience, complete a review of risk, provide practical and emotional support to manage your wellbeing and safety, help you to understand your rights and options and ensure that you can make informed decisions about support and actions that meet your individual needs. The support is non-judgmental, is independent from your faculty and school and is not part of any investigation or disciplinary process.

8. Seeking resolution

  • 8.1 Through informal action

    Before considering any informal action, students should seek support and obtain advice on how to approach the situation (see section (7) above). In some cases, the issue may be resolved by approaching the other person face-to-face, on an informal basis, and explaining to them the behaviour that is causing distress, and why. The behaviour may not have been intended to harm, and/or the person may not have realised the consequences of their actions or behaviour to you. Therefore, approaching them in a calm, open and honest manner may be enough to resolve any misunderstanding. A face-to-face approach should never be taken if you do not feel safe and comfortable to do so (for example, in relation to allegations of sexual harassment).Wherever it is appropriate, which may depend upon the seriousness of the case, the College will support and advocate informal attempts at resolution in the first instance.

  • 8.2 Through formal action

    If you decide to submit a formal report about an incident of bullying, harassment or sexual misconduct, your report will be considered through the College’s Complaints Policy and Procedure.

9. Staff and student responsibilities

All staff and students are responsible for upholding the College’s Principles for Dignity at Study. Some particular roles and responsibilities are set out below.

  • All students

    Familiarise yourself with these Dignity at Study Principles and have read the College’s Comprehensive Source of Information which outlines Birkbeck’s approach to tackling cases of harassment and sexual misconduct (which is required as part of meeting the Office for Students E6 Condition of Registration)

    Ensure that you complete the mandatory training in the Tackling Harassment and Sexual Misconduct Module in Birkbeck Moodle.

    Challenge inappropriate behaviour whenever you experience or witness it.

    Where notified of incidents of bullying, harassment and victimisation, report these to the College through the Birkbeck ASK system by selecting: ‘Report an incident of ‘sexual violence, harassment, hate incidents and bullying’

    Participate in informal and/or formal investigations into incidents which may have breached the Dignity at Study Principles as appropriate (e.g., as a witness to an incident).

  • Complainant (students)

    Seek advice from your Personal Tutor or the Student Union Support Service.

    Disclose the incident through the Birkbeck ASK system by selecting ‘Report an incident of sexual violence, harassment, hate incidents and bullying’ to obtain advice and support from a Birkbeck Safeguarding Officer.

    If possible, attempt to resolve issues at an informal level including conciliation, counselling or mediation, where appropriate. This should only be attempted having obtained appropriate advice.

    Where informal resolution is not appropriate or has been unsuccessful, refer to the College’s Student Complaints Policy and procedure.

    Where a formal complaint is submitted, meet with an investigator to provide an account of complaint and additional information if required.

  • Respondents (individual responding to a complaint)

    Familiarise yourself with these Dignity at Study principles.

    Engage with and seek support as required from the Safeguarding Officer assigned to you during the complaints process. Engage in any process to resolve issues at an informal level including counselling or mediation, where appropriate.

    Participate in any formal investigation where required and attend meetings where appropriate.

  • All staff members

    Familiarise yourself with the College’s Dignity at Study Principles, complete the mandatory ‘Preventing Harassment and Sexual Misconduct’ training in Birkbeck Moodle and read the College’s Comprehensive Source of Information which outlines Birkbeck’s approach to tackling cases of harassment and sexual misconduct (which is required as part of meeting the Office for Students E6 Condition of Registration).

  • Managers, supervisors and academics with pastoral care responsibilities

    Familiarise yourself with the College's Dignity at Study principles, Equality Act legislation, student complaints procedures and the College’s Disciplinary and Grievance procedures.

    Ensure that you and all your direct reports have completed the mandatory ‘Preventing Harassment and Sexual Misconduct’ training in Birkbeck Moodle and have read the College’s Comprehensive Source of Information which outlines Birkbeck’s approach to tackling cases of harassment and sexual misconduct (which is required as part of meeting the Office for Students E6 Condition of Registration).

    Ensure that all direct reports are aware of and adhere to the Dignity at Study principles, Dignity at Work Policy, Relationships at Work Policy and be prepared to challenge inappropriate behaviour with reference to the relevant disciplinary procedure where necessary.

    Understand that in your role as a manager (supervisor or an academic with pastoral care responsibility for students), when made aware of any claim or case of bullying or harassment, that you have a duty of care to work to address the issue and to provide impartial support to your students during an investigatory process (whether as a complainant or respondent).

    Disclose any incident of harassment or report these to the College through the Birkbeck ASK system by selecting: ‘Report an incident of sexual violence, harassment, hate incidents and bullying.’

    Actively work to ensure that Birkbeck provides a supportive work and study environment.

    Set an example to others through your own behaviour.

    Ensure that employees and students know what standards of behaviour and conduct are expected of them.