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POLICIES

Student Harassment and Sexual Misconduct Policy and Procedures

Introduction

Malvern International is committed to fostering a safe, respectful, and inclusive environment for all students, staff, and members of our community. We adopt a zero-tolerance approach to all forms of harassment and sexual misconduct, recognising their serious impact on individuals’ safety, wellbeing, and ability to engage fully in academic and professional life.

This policy is grounded in our legal and regulatory responsibilities under the Equality Act 2010 and the Office for Students’ Condition of Registration E6. It affirms our commitment to:

  • Preventing harassment and sexual misconduct through education, awareness, and culture change;
  • Responding swiftly and sensitively to all disclosures and reports;
  • Providing clear and accessible reporting routes for students and staff;
  • Supporting individuals affected by harassment or sexual misconduct with care and professionalism;
  • Taking proportionate action under our disciplinary or conduct processes, where appropriate;

This policy applies to all students, staff, contractors, and visitors involved in any capacity with Malvern International, including those studying or working in partnership with any of our validating or host universities. We recognise our responsibility to align with the procedures of those partner institutions while maintaining our own robust and independent procedures for support and referral.

We are committed to continuous improvement and will monitor the effectiveness of this policy and associated procedures regularly, taking account of feedback from stakeholders and emerging good practice in the higher education sector.

The purpose of this policy is to set out Malvern International’s commitment to preventing and responding to harassment and sexual misconduct within our learning and working community. It outlines the principles, definitions, and processes that guide our approach and supports compliance with our legal and regulatory responsibilities.

This policy aims to:

  • Promote a culture of dignity, respect, equality, and inclusion across all aspects of institutional life;
  • Prevent incidents of harassment and sexual misconduct through awareness, education, and proactive safeguarding measures;
  • Ensure clear, accessible, and trauma-informed reporting pathways for anyone affected by harassment or sexual misconduct;
  • Support complainants and respondents fairly, ensuring all parties are treated with dignity, are informed of their rights and responsibilities, and have access to appropriate guidance and support;
  • Protect individuals who disclose or report harassment or sexual misconduct from victimisation, retaliation, or any form of disadvantage;
  • Set out the procedure for responding to disclosures and complaints, whether reported through internal mechanisms or via a partner university’s process;
  • Ensure appropriate action is taken, proportionate to the circumstances, including risk management, investigation, and disciplinary procedures when required;
  • Uphold the principles of natural justice and procedural fairness for all parties;
  • Ensure staff and students are aware of their responsibilities in upholding this policy and of the consequences of breaching it.

This policy applies to all students, staff, contractors, and visitors engaged with Malvern International, regardless of location, role, or contractual relationship. It applies to behaviour that occurs:

  • On any campus or premises operated by Malvern International;
  • On any partner campus or premises where Malvern International has a study centre;
  • During teaching, learning, or assessment activities;
  • At events or placements linked to academic or professional development;
  • On Malvern International’s social media or digital platforms;
  • During off-campus activities where individuals are representing the institution.

The policy is applicable regardless of whether the parties involved are students, staff members, or third parties. It covers all forms of harassment and sexual misconduct, including incidents between individuals of any gender, sexual orientation, or hierarchical relationship (e.g., staff-student, peer-to-peer).

This policy applies to all students and staff involved in Malvern International programmes, including international students. Where a student or individual involved is under the age of 18 or deemed to be a vulnerable adult, this policy should be read alongside Malvern’s Safeguarding and Prevent Policy. In such cases, safeguarding responsibilities will take precedence, and the Designated Safeguarding Lead will be consulted immediately. Any disclosures involving minors will be managed in accordance with statutory safeguarding duties and the UK government legislation.

This policy distinguishes between different types of relationships:

  • Student disclosures against staff (or vice versa) will be managed under both this policy and the Malvern International’s staff disciplinary procedures. Where a student is alleged to have harassed a staff member, the complaint will be investigated under this policy and addressed through the Student Conduct and Disciplinary Procedure, with coordination from HR to ensure consistency with the Staff Sexual Harassment Policy.
  • Student-to-student incidents will be managed via the Student Conduct and Disciplinary Procedure.
  • Staff-to-staff complaints will be managed under the Malvern International’s Sexual Harassment Policy.

Where cases involve both staff and students, a coordinated approach will be taken to ensure fairness, confidentiality, and appropriate risk management across both sets of procedures.

As Malvern International delivers programmes in partnership with multiple university partners, the scope of this policy includes:

  • Internal procedures: Disclosures or complaints made directly to Malvern International will be managed under our own procedures outlined in this policy.
  • Partner referrals: Where a student is enrolled on a partner university’s programme or based on their campus, we will refer and signpost them to the relevant university policy and procedure where appropriate and will liaise with the university in line with partnership agreements.

In all cases, our priority is to ensure that any individual reporting harassment or sexual misconduct receives a clear, compassionate, and coordinated response.

This policy does not replace criminal law. Where a matter may constitute a criminal offence, individuals will be supported to access external reporting routes, including the police, alongside any internal processes.

 

This section provides key definitions to ensure clarity and consistency in the interpretation of this policy. Where applicable, definitions align with those used in the Equality Act 2010, OfS Condition E6 guidance, and sector best practice.

Sexual Harassment

A form of harassment involving unwanted conduct of a sexual nature, including (but not limited to):

  • Unwelcome sexual advances or comments;
  • Inappropriate or sexually suggestive language, jokes, or gestures;
  • Sexual touching without consent;
  • Sending or displaying sexually explicit messages or images (including via social media or digital platforms).

Sexual Misconduct

A broader term that includes any unwanted behaviour of a sexual nature that occurs without consent or breaches personal boundaries. It may or may not involve criminal offences.

Consent

Consent is the free and voluntary agreement to engage in sexual activity. It must be:

  • Informed, specific, and given freely, without pressure or manipulation;
  • Ongoing, and can be withdrawn at any time;
  • Incapable of being given if a person is asleep, unconscious, or incapacitated.
    A person cannot assume consent from silence, previous relationships, or lack of resistance.

Complainant

An individual who reports or discloses that they have experienced harassment or sexual misconduct. This may be a direct report, or a third-party disclosure made on their behalf.

Respondent

The individual(s) alleged to have engaged in harassment or sexual misconduct. Use of this term does not imply guilt or a predetermined outcome.

Disclosure

When someone shares information (formally or informally) that they have experienced or witnessed harassment or sexual misconduct. A disclosure is not the same as a formal complaint.

Formal Complaint

A structured report submitted to trigger an internal investigation under institutional procedures. It may lead to disciplinary action, risk management interventions, or referrals.

Anonymous Disclosure

A report submitted without identifying the complainant. Anonymous disclosures may inform institutional monitoring and risk assessment but may limit the ability to take direct action.

Third-Party Disclosure

When a report is made by someone other than the person directly affected, often to raise concerns or seek advice.

Malvern International encourages all members of the community to speak up if they experience or witness harassment or sexual misconduct. We recognise that making a disclosure can be difficult, and we are committed to responding with sensitivity, fairness, and care.

Individuals can choose whether, how, and when to disclose or report their experiences. Support will be available regardless of whether a formal complaint is made.

Malvern International recognises that individuals may face personal, cultural, or systemic barriers to reporting harassment or sexual misconduct. These may include fear of retaliation, concerns about academic or immigration consequences, distrust of institutional processes, or past trauma. We are committed to building trust through confidentiality, survivor-led responses, and transparency. Individuals are encouraged to disclose in the way that feels safest to them and are supported regardless of whether they pursue a formal complaint.

5.1 Disclosure Options
There are several ways to disclose an incident:

a) Informal Disclosure
Students and staff may disclose an incident to a trusted member of staff, such as a lecturer, centre manager, or safeguarding officer. These disclosures may result in signposting to support, informal resolution (where appropriate), or advice on making a formal complaint.

b) Anonymous Disclosure
Individuals may disclose incidents anonymously via designated reporting forms. While anonymous reports limit the institution’s ability to investigate or respond directly, they are important for monitoring patterns and assessing risk.

c) Third-Party Disclosure
Staff, students, or others may report concerns on behalf of someone else (with or without their knowledge). These will be managed carefully, with a focus on safety and appropriate safeguarding where necessary.

5.2 Formal Complaint
A formal complaint triggers an internal process which may include:

  • An initial risk assessment;
  • Fact-finding or formal investigation;
  • Disciplinary or conduct proceedings (if appropriate);
  • Coordination with partner institutions if relevant;
  • Signposting to external services or the police where requested.

Formal complaints should be submitted via the appropriate route:

  • Students via the Student Complaints Procedure/Non-Academic Misconduct and Disciplinary Procedure;
  • Staff via the Staff Sexual Harassment Policy;
  • Mixed cases (staff and student): A coordinated approach will be taken, guided by the Safeguarding and Compliance teams.

5.3 Timeframes
While there is no strict time limit for making a disclosure or complaint, earlier reporting can help with evidence gathering and ensure timely support. The institution will, however, consider all reports regardless of when the incident occurred.

5.4 Partner University Procedures
Where a student is enrolled on a partner university programme or located on a university campus:

  • The individual may choose to report through the partner university’s harassment and sexual misconduct procedures;
  • Malvern International will support the student in accessing those procedures and coordinate responses where appropriate;
  • Where a disclosure is made to Malvern International about conduct involving a partner institution, we will consult with the partner under agreed information-sharing and safeguarding protocols.

5.5 Criminal Reporting
Complainants may choose to report incidents to the police. This is their right, and support will be provided regardless of whether police involvement is pursued. The internal process can run alongside or be paused pending the outcome of criminal proceedings, depending on the circumstances.

5.6 Confidentiality
All disclosures will be handled confidentially and in accordance with data protection legislation. Information will only be shared where necessary:

  • To protect individuals at risk;
  • To comply with safeguarding duties;
  • As required for the investigation or resolution of a complaint.

Where disclosures involve under-18s or vulnerable adults, the Designated Safeguarding Lead will be informed immediately.

We are committed to ensuring that anyone affected by harassment or sexual misconduct can access timely, appropriate, and compassionate support. Support is available to all parties involved, complainants, respondents, and witnesses, regardless of whether a formal complaint is made or whether the incident occurred recently or in the past.

6.1 Internal Support Services
Students at Malvern International can access the following internal support:

  • Safeguarding and Welfare Team
  • Wellbeing Services
  • Academic Support

All support is offered in confidence, in line with safeguarding and data protection requirements.

6.2 External and Specialist Services
We encourage individuals to access specialist support alongside internal help. These services may include:

  • Sexual Assault Referral Centres (SARCs)
  • Rape Crisis and Survivor Support Services
  • NHS Sexual Health Services
  • Police and Victim Support
  • Support for Minoritised Groups

6.3 Partner University Services
Where a student is enrolled with or located on the campus of a partner university, they may also access:

  • The partner university’s student wellbeing and counselling services;
  • Academic or pastoral support through the partner’s campus-based teams;
  • Specialist support services

Malvern International will assist individuals in navigating access to these services where appropriate and will liaise with partner institutions in line with agreed referral protocols.

6.4 Accessibility and Inclusivity
We are committed to ensuring all support services are:

  • Trauma-informed and survivor-centred;
  • Inclusive and culturally sensitive;
  • Accessible to disabled students, including those with neurodivergent or mental health needs;
  • Available in formats appropriate for international students and English language learners.

When a disclosure or formal complaint is made, Malvern International will respond promptly and appropriately, ensuring that individuals are supported, risk is managed, and any necessary action is taken in line with institutional and legal obligations.

This section outlines how reports of harassment or sexual misconduct are handled internally. Where appropriate, referrals or joint action with a partner university may also apply.

7.1 Initial Response and Triage
Upon receiving a disclosure or complaint, the designated safeguarding or case management lead will:

  • Acknowledge receipt sensitively and promptly;
  • Conduct an initial risk assessment to identify immediate safeguarding, wellbeing, or academic support needs;
  • Provide information about support services and procedural options;
  • Clarify the reporting individual’s preferences, including whether they wish to proceed with a formal complaint or engage external support.

Immediate safeguarding concerns will be referred to the Designated Safeguarding Lead (DSL) without delay.

7.2 Formal Complaint Investigation
If the individual wishes to proceed formally, the complaint will be investigated in accordance with the relevant procedure:

  • Student-to-student: Managed under the Student Conduct and Disciplinary Procedure.
  • Staff-to-staff: Managed under the Staff Sexual Harassment policy.

In cases involving staff and students, this policy should be read alongside the Staff Sexual Harassment Policy. Investigation and disciplinary decisions will be coordinated between Safeguarding, HR, and Compliance to ensure fairness and compliance with both institutional and legal responsibilities. Where the student is the respondent, the matter will also be considered under the Student Conduct and Disciplinary Procedure; where the staff member is the respondent, the Staff Disciplinary Procedure will apply.

Investigations will be:

  • Prompt, fair, and proportionate;
  • Carried out by trained staff, maintaining neutrality and professionalism;
  • Supported by trauma-informed practices and reasonable adjustments where needed.

7.3 Outcomes and Next Steps
Following investigation, possible outcomes may include:

  • No action (where complaint is withdrawn or not upheld);
  • Informal resolution, such as mediation (only with consent of both parties and never used in cases of sexual violence);
  • Formal disciplinary action, including warnings, suspension, or expulsion/dismissal;
  • Referral to a partner university, if the complaint falls under their jurisdiction or involves dual enrolment.

Both complainant and respondent will be informed of the outcome (within legal and policy limits) and offered follow-up support.

7.4 Appeals

The complainant or respondent may appeal the outcome in line with the Non-Academic Student Appeals Policy and Procedure.

Appeals must be based on procedural irregularity, new evidence, or disproportionate outcome. Where a partner institution is involved, joint decision-making may apply.

Appeals in cases involving both staff and students will follow the relevant procedure for each party. Student appeals will be handled under the Non-Academic Student Appeals Policy and Procedure; staff appeals under the Disciplinary Appeals Procedure. These will be coordinated to avoid duplication and ensure procedural fairness.

7.5 Coordination with Criminal Proceedings
Where an incident is reported to the police:

  • The institution will support the individual to engage with criminal justice processes;
  • Internal processes may be paused to avoid compromising police investigations;
  • Risk assessments and safeguarding actions will remain in place regardless of legal proceedings.

The internal process may resume once criminal proceedings are concluded or in cases where police decline to investigate.

7.6 Record-Keeping and Confidentiality
All records will be stored securely and confidentially, in line with GDPR and Malvern International’s data retention policies. Only those with a legitimate need to know will have access to case information.

Data will be anonymised for institutional monitoring and reporting purposes unless disclosure is required by law or safeguarding duty

Malvern International recognises that disclosures and complaints of harassment or sexual misconduct often involve sensitive, personal information. We are committed to handling such information responsibly, securely, and in accordance with applicable legislation, including the UK General Data Protection Regulation (GDPR) and the Data Protection Act.

8.1 Confidentiality
We aim to maintain confidentiality for all individuals involved in a disclosure or complaint, including complainants, respondents, and witnesses. Information will only be shared on a strictly need-to-know basis and for the purposes of:

  • Providing appropriate support and safeguarding;
  • Conducting a fair and proportionate investigation;
  • Fulfilling legal or regulatory duties.

Absolute confidentiality cannot be guaranteed. In exceptional cases, we may need to share information without consent, including when:

  • There is a serious risk of harm to the individual or others;
  • A safeguarding concern arises;
  • We are required to comply with the law or a court order.

In such cases, we will inform the individual wherever possible before sharing any information.

8.2 Anonymous Reporting and Information Use
Anonymous disclosures may be submitted to inform institutional understanding of trends and risks. While these do not typically lead to individual follow-up, they may:

  • Trigger a wider risk assessment or safeguarding response;
  • Inform institutional training, prevention work, and monitoring.

Data collected from reports and complaints will be used in aggregated, anonymised form to inform policy review, staff training, and regulatory reporting, without identifying individuals.

8.3 Data Storage and Retention
Personal information related to disclosures or investigations will be:

  • Stored securely in accordance with Malvern International’s Data Protection Policy;
  • Retained only for as long as necessary to fulfil the purpose for which it was collected, in line with our records retention schedule;
  • Reviewed regularly to ensure continued relevance and lawfulness of processing.

Individuals have rights under UK GDPR, including the right to:

  • Request access to their personal data;
  • Request correction or deletion where appropriate;
  • Withdraw consent where processing is based on consent.

Requests should be submitted via GDPR@malvernplc.com

8.4 Working with Partner Institutions
Where a disclosure or complaint involves a partner university, appropriate and limited information may be shared:

  • To ensure a coordinated safeguarding or disciplinary response;
  • In accordance with the relevant information-sharing agreements and data protection protocols;
  • With a focus on supporting the individual and protecting the community.

We will not share identifiable information with partners unless required or agreed as part of the complaint-handling process, and only with the individual’s knowledge unless safeguarding overrides apply.

Preventing harassment and sexual misconduct requires sustained action to build a culture of dignity, inclusion, accountability, and respect. Malvern International is committed to proactive and ongoing work to raise awareness, challenge harmful behaviours, and empower all members of our community to contribute to a safe environment.

9.1 Staff Training
All staff (academic, professional services, and contract staff) will receive training appropriate to their role as outlined in the Staff Sexual Harassment Policy.
Training will be regularly reviewed to ensure it reflects legal updates, sector best practice, and internal learning. Refresher training will be provided at appropriate intervals, and effectiveness will be monitored through staff feedback and review of case handling outcomes.

9.2 Student Education and Awareness
Students will be supported to understand their rights, responsibilities, and the standards of behaviour expected through:

  • Orientation and induction activities that introduce the policy and reporting options;
  • Access to consent education initiatives, either internally or through partner universities;
  • Ongoing awareness campaigns.

We are committed to ensuring student-facing materials are inclusive, accessible, and culturally sensitive.

9.3 Prevention Through Partnership
As a delivery partner with universities, Malvern International will:

  • Liaise with partner institutions to ensure students based on shared campuses are included in joint prevention and awareness activities;
  • Signpost students to partner university training and campaign resources where appropriate;
  • Contribute to shared learning and good practice across the partnership network.

9.4 Community Expectations
We expect all members of our community to:

  • Act with integrity and respect for others;
  • Challenge inappropriate behaviour where it is safe to do so;
  • Report concerns promptly;
  • Engage with training and awareness activities as required.

Failure to uphold these standards may result in disciplinary action under the relevant student or staff conduct procedures.

Malvern International is committed to ensuring that this policy is effective, evidence-based, and responsive to the needs of our community. We will regularly review the policy and its implementation to monitor progress, identify gaps, and drive continual improvement.

10.1 Monitoring and Data Collection
To assess the effectiveness of our response to harassment and sexual misconduct, we will collect and analyse anonymised data on:

  1. Reporting metrics
    a. Number, type, and location of disclosures and formal complaints (including anonymous and third-party reports);
    b. Ratio of anonymous to formal reports, identifying potential trust or safety issues;
    c. Trends across protected characteristic groups.
  2. Process performance metrics
    a. Timeframes from disclosure to first response and final resolution;
    b. Time elapsed between key procedural stages.
  3. Outcomes and sanctions
    a. Outcomes of investigations and disciplinary measures taken;
    b. Referral rates to partner universities or external bodies.
  4. Experience and satisfaction measures
    a. Feedback through confidential surveys, with targeted outreach to individuals from marginalised groups;
    b. Satisfaction ratings for support services and clarity of communications;
    c. Identification of barriers to disclosure.
  5. Campus-wide climate data
    a. Regular review of institutional climate surveys, benchmarking against sector trends where possible;
    b. Comparative analysis of reporting and awareness across different campuses, delivery locations, or partner sites.

This data will be reported internally on a regular basis and used to inform decision-making around support provision, training needs, and institutional risk.

Data collection will be managed in accordance with data protection legislation and with sensitivity to the confidentiality of those involved.

10.2 Evaluation and Improvement
Data and feedback will be reviewed on a bi-annual basis by the Safeguarding & Welfare Steering Group, which has the following responsibilities:

  • Evaluating whether key performance indicators (KPIs) are being met;
  • Using feedback to identify systemic issues and prioritise improvements;
  • Commissioning periodic climate surveys to validate anecdotal concerns with broader data and inform targeted interventions;
  • Reporting anonymised metrics and thematic insights to Executive Board and local campus leaders to maintain transparency and governance.

10.3 Stakeholder Engagement
We will actively seek feedback from:

  • Staff responsible for case management or safeguarding;
  • Student representatives and relevant working groups;
  • Partner institutions, where joint procedures or shared services are used.

10.4 Review Cycle
This policy will be formally reviewed every year, or sooner if:

  1. There is a significant change in legislation or regulatory guidance;
  2. An internal review or external audit recommends changes;
  3. Sector good practice evolves, or new risks emerge.

The review will be led by the Designated Safeguarding Lead in partnership with the Safeguarding and Welfare Steering Group.

This policy is part of a wider framework of policies and procedures designed to uphold the safety, dignity, and rights of students. It should be read in conjunction with the following documents:

  • Student Conduct and Disciplinary Procedure
  • Student Complaints Procedure
  • Safeguarding and Prevent Policy
  • Data Protection Policy
  • Staff Disciplinary Policy
  • Staff Sexual Harassment Policy

Partner University Policies
Where a student is enrolled on a programme validated by, or delivered in partnership with, a university, the following may also apply:

  • The partner university’s Harassment and Sexual Misconduct Policy;
  • Their Student Code of Conduct and Disciplinary Procedures;
  • Local safeguarding and reporting frameworks;
  • Partner-specific support and reporting platforms.

Malvern International will assist individuals in navigating which procedures apply and will work with partner institutions to provide a joined-up, trauma-informed response.

Malvern International recognises that effective prevention and response to harassment and sexual misconduct requires clear leadership, appropriate delegation of responsibilities, and consistent institutional oversight. We are committed to ensuring that this policy is owned, implemented, and monitored at the highest levels of governance.

12.1 Senior Leadership Responsibility
Overall responsibility for compliance with this policy, including compliance with the Office for Students Condition E6, rests with the Chief Operating Officer.
Day-to-day operational responsibility is delegated to the Designated Safeguarding Lead (DSL), who are accountable for:

  • Managing disclosures and referrals;
  • Overseeing case handling processes;
  • Coordinating staff training and student awareness activity;
  • Liaising with external agencies, including safeguarding partners and law enforcement;
  • Ensuring alignment with partner university procedures.

The DSL is supported by the Centre Manager, HR, Head of Learning and Teaching, and Compliance.

12.2 Governance and Oversight

Institutional oversight of this policy and related procedures will be provided by the Safeguarding and Welfare Steering Group, which will:

  • Receive regular anonymised reports on cases, outcomes, and institutional risk;
  • Monitor the implementation of preventative and educational initiatives;
  • Review feedback and external developments (e.g., OfS guidance) to inform updates.

Updates and reports will also be submitted to the Executive Board of Directors, as appropriate, to ensure strategic oversight.

12.3 Partner University Liaison
Where provision is delivered in partnership with a university, Malvern International will:

  • Nominate a named liaison for each partner institution to support coordination of policies, reporting, and student support;
  • Participate in joint case management meetings where appropriate;
  • Ensure consistency and compliance with information-sharing agreements and partnership terms;
  • Contribute to shared reviews, audits, and continuous improvement efforts where invited.

To ensure consistent implementation of this policy across all Malvern International centres and partner university campuses, we will establish clear governance lines and local reporting accountability. This includes:

  • Designating safeguarding leads at each location;
  • Conducting internal audits and spot checks of training, reporting routes, and response quality;
  • Maintaining central oversight through the Safeguarding and Welfare Steering Group;
  • Requiring centres to report regularly on disclosures, support provided, and local engagement with awareness activities.
  • These arrangements ensure that this policy is enacted consistently and effectively across all delivery sites.

12.4 Reporting to the OfS
In accordance with OfS Condition E6, Malvern International will:

  • Retain and maintain comprehensive central records of disclosures, timelines, outcomes, and support measures taken;
  • Demonstrate the effectiveness of this policy through monitoring and review;
  • Cooperate fully with OfS investigations or information requests;
  • Submit evidence of compliance as required under registration conditions;
  • Provide evidence of policy effectiveness and climate-informed steps taken to reduce harassment prevalence;
  • Ensure data in the public-facing policy summary is aligned internally and reflects multi-campus consistency.