Harassment and misconduct terminology

An abuse of power is where someone uses their position of power or authority in an abusive and unacceptable manner.

Abuse of power can take various forms and may include, but is not limited to:

• manipulation
• coercion, or
• putting pressure on others to engage in unacceptable behaviours.

These behaviours may be expressed in person, in writing and/or by electronic means.

Abuse of power may also occur in the context of a close personal or intimate relationship. More information can be found in the Personal Relationships at Work Policy (PDF).

An active bystander is someone who witnesses inappropriate or threatening behaviour and chooses to intervene to prevent harm or escalation.

This intervention can involve direct action, distraction, delegation, delaying the situation to get help or documenting what happened, all while prioritising personal safety.

Read more about how you can show up against harassment and misconduct.

Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened.

Power does not always mean being in a position of authority but can include both personal strength and the power to coerce through fear or intimidation.

Bullying may include overbearing and intimidating levels of supervision or inappropriate derogatory remarks about someone's performance or retaliation for making or supporting a complaint under the Student Policy on Preventing and Addressing Bullying, Harassment and Sexual Misconduct (PDF).

However, legitimate, reasonable and constructive criticism of a worker's performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.

Consent is when everyone involved gives permission for something to happen and is comfortable with it happening.

Consent should be:

• freely given
• reversible
• informed
• enthusiastic
• specific.

Read more information about the FRIES model of consent.

Disclosure involves an individual choosing to tell anyone who is part of the University, about their experience of bullying, harassment or sexual misconduct.

Unlike reporting, disclosure does not trigger an investigation or action (unless the University has a safeguarding obligation), but it may lead to support being offered. 

Harassment is unwanted physical, verbal or non-verbal conduct related to a relevant protected characteristic that has the purpose or effect of either:

• violating a person's dignity, or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

A single incident can amount to harassment.

It also includes treating someone less favourably because they have submitted or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex, in the past.

Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race (including colour, nationality, ethnic or national origin), religion or belief, sex or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories.

Harassment may include, for example, derogatory jokes about a particular protected characteristic, or stereotypical remarks, mocking or mimicking, disclosing personal information of any individual or group.

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 the jokes create an offensive environment.

Harassment is a course of conduct conducted on at least two occasions that harasses one other person, or a course of conduct that harasses two or more persons at least once each.

References to harassing a person include alarming the person or causing the person distress.

Intimate personal relationships refer to a relationship that involves one or more of the following elements:

• physical intimacy, including isolated or repeated sexual activity, or
• romantic or emotional intimacy.

The University of Leeds strongly discourages intimate personal relationships and close personal relationships between staff and students and requires such relationships to be declared immediately.

More information can be found in the Personal Relationships at Work Policy (PDF).

Reporting is the sharing of information with a University of Leeds member of staff regarding an incident of bullying, harassment or sexual misconduct experienced by that individual for the purposes of initiating the investigation process set out in the Student Policy on Preventing and Addressing Bullying, Harassment and Sexual Misconduct (PDF) and the accompanying procedures (different from disclosure).

The reported party is the person(s) whose behaviour it is alleged amounted to an incident of bullying, harassment or sexual misconduct.

The reporting party is the person(s) who witnessed or is the subject of the alleged incident of bullying, harassment or sexual misconduct.

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.

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. A single incident can amount to sexual harassment.

It also includes treating someone less favourably because in the past they have submitted or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex.

A person can be sexually harassed even if they are not the intended target.

The supporter is an independent person who provides support or advice to the reported or reporting party during disclosure, reporting and/or the investigation process.

Third-party harassment occurs where a person is harassed by someone who does not work for, and who is not an agent of, the University of Leeds, but with whom they have come into contact during the course of their employment or study.

Victimisation is subjecting someone to a detriment, including less favourable treatment, because they have made a claim or complaint of discrimination, or helped someone else to make a complaint (under the Equality Act 2010), or the affected person is believed to have made or helped make, or is believed that they may make or help make, a complaint or disclosure.

Where the University becomes aware of victimisation taking place, this may lead to disciplinary action including exclusion.