Harrassment & Sexual Misconduct Policy

1. Policy Statement

1. Learna acknowledges that harassment and sexual misconduct encompasses a wide range of behaviours, any or all of which can intersect with other forms of sex and gender-based violence including domestic abuse, coercive or controlling behaviour and stalking. These behaviours can affect anyone, regardless of identity.
2. Learna is committed to fostering a safe and respectful environment where such behaviour is not tolerated and where disclosures and reports are handled sensitively, thoroughly, and fairly.

2. Core Principles

Learna is dedicated to creating a culture rooted in respect and accountability. The following principles guide our approach:

• Learna expects all members of the learning community to treat each other with respect and uphold a culture that recognises dignified interactions.
• Learna recognises the serious effects of harassment and sexual misconduct upon individuals’ academic and professional lives, regardless of when the incident occurred.
• Learna is committed to equality and diversity.
• All reports will be taken seriously and responded to by trained staff through transparent and fair processes.
• Individuals disclosing incidents will have agency in choosing how to proceed and will be supported in their choice.
• When considering a report of harassment or sexual misconduct, the perception of the recipient, the circumstances surrounding the case and whether it would be reasonable for the reported conduct to have the effect declared will be taken into account.
• Staff involved in handling cases will be properly trained and act with impartiality and discretion.
• Learna commits to learning from each case to improve practice and ensure appropriate oversight and reporting.

3. Legislative context

In addition to the Office for Students Condition of Registration E6: Harassment and Sexual Misconduct (commences 1 August 2025), this policy is underpinned by the following legislation:

• The Equality Act (2010)
• The Protection from Harassment Act (1997)
• The Data Protection Act (2018)
• The Care Act (2014)

4. Scope

1. This policy applies to all staff and students of all programmes studied through Learna
2. This policy applies to all incidents of harassment and sexual misconduct, as well as related behaviours such as:
   • Domestic abuse
   • Coercive or controlling behaviour
   • Retaliation
   • Malicious reporting

   Legal implications: Some forms of misconduct may also constitute criminal offences. In such cases, both internal and external processes may follow.

5. Definitions

6. Consent

Consent must be freely given, informed, and continuous. It cannot be assumed from past behaviour, silence, or lack of resistance. Consent cannot be given under coercion, threat, manipulation, or incapacity (including due to intoxication or unconsciousness). “No” always means “No,” and unclear or non-verbal cues do not constitute “Yes.”

7. Confidentiality

Learna will maintain confidentiality where possible. Information may be shared only with relevant internal or external parties, and only with the consent of the Reporting Party, unless required to prevent harm (to themselves or to others) or comply with legal obligations. Unauthorised sharing of confidential information will be treated as a violation of this Policy.

8. Expectations of all Staff and Students

1. Learna is committed to fostering a diverse, inclusive, and welcoming community where all individuals are treated with dignity and respect. We each share responsibility for maintaining an environment that upholds these values.
2. When responding to a disclosure, staff and students are expected to act with care and thoughtfulness. They should listen attentively, take concerns seriously, be patient and open-minded, and respect individual choices. While encouragement to seek advice and support is appropriate, no one should feel pressured to do so.
3. All staff and students are expected to contribute to a culture of accountability, mutual respect, and inclusivity. Speaking up when necessary is part of that commitment.

9. Freedom of Speech

1. We recognise that during academic tuition and discussion, there may be certain topics that some may find offensive. These topics, which could be controversial and/or sensitive in nature, are pedagogically relevant, form part of the course content and are intended to inform healthy academic debate.
2. Exposure to sensitive and/or controversial topics is not a form of harassment or sexual misconduct, and we will facilitate academic expression as part of our commitment to the principles of freedom of speech.
3. The Equality Act 2010 recognises protected characteristics and staff and students must conduct themselves in a manner that recognises this. We will not tolerate abuse, malicious targeting or intimidation of an individual or group of individuals. Academic expression should always remain relevant and respectful.
4. Learna prohibits the use of Non-Disclosure Agreements (NDAs) in cases of harassment and/or sexual misconduct and will never ask students or staff to sign one in these circumstances.

10. Procedure Guidelines for Students

1. Many students may find it difficult to think clearly about a situation which is causing them distress, or if they are facing a new or challenging environment. As a student, one of the first steps you might want to take is to try to review and reflect on the events that made you feel harassed, their effect on your self-esteem and how this is affecting your ability to study.
2. You can formally raise your concern with Student Services, via all the usual contact routes or through Moodle messaging.

11. Procedure Guidelines for Staff

1. Members of staff are asked to treat any incidents of sexual misconduct and/or harassment that is reported to them directly with respect, and to advise the student of the reporting routes open to them if they wish to take the report further.
2. In the first instance, reports should be raised with Student Services via the normal routes. A report under this policy will be escalated to the Head of Customer Care and Communication, who will review the matter and take appropriate action.

12. Sources of Support

Please note, the sources of support listed in this policy are primarily UK based. Students studying or residing outside the UK may wish to contact local services. A directory of EU support services can be found here and a directory of global support services is available here.

Sources of UK based support include:

• Sexual Assault Referral Centre - Find a Referral Centre
• Samaritans - www.samaritans.org
• Victim Support - www.victimsupport.org.uk
• NAPAC (National Association for People Abused in Childhood) - www.napac.org.uk
• National Rape Crisis - www.rapecrisis.org.uk
• The Survivors Trust - www.thesurvivorstrust.org
• Mankind - www.mkcharity.org
• Domestic Violence - www.womensaid.org.uk
  www.mensadviceline.org.uk
• Refuge (Independent Sexual Violence Advocacy) - www.refuge.org.uk
• Safe (Support for Young People) - www.safeproject.org.uk
• NHS 111 - www.nhs.uk/111

13. Training

Learna provides mandatory training for all staff to ensure they are fully equipped to recognise, prevent, and respond appropriately to incidents of sexual harassment and misconduct, understand their responsibilities under the policy, and support students in a sensitive, fair, and consistent manner.

14. Record Keeping

Records of offences will be maintained securely by the Quality & Partner Collaborations Team in accordance with data protection legislation. These records will be kept confidential, stored in a controlled and secure system, and accessed only by authorised staff for purposes such as monitoring, reporting, and ensuring appropriate follow-up actions.