College Employees (Sexual Harassment) Policy
The policy is available in PDF format in Appendix B10 of the Bylaws.
1.1. This Policy was approved by the Governing Body of Merton College on 23 June 2025.
1.2. Any amendments to this Policy require the Governing Body’s approval.
1.3. This policy does not form part of any contract of employment or contract to provide services, and the College may amend it at any time. This Policy must be reviewed annually by the Governing Body with the advice of the Statutes and Bylaws Committee and of such other Boards and College Officers as the Statutes and Bylaws Committee or the Governing Body deems appropriate.
1.4. All College Members, College Employees, and Relevant Other Staff are covered by and must comply with this Policy. Members of the Governing Body and those in positions of authority within the College, such as College Officers and Heads of Department are expected to familiarise themselves with this Policy. College Officers, Heads of Department, and all other managers, have a duty to implement this Policy and to make every effort to ensure that Sexual Harassment and Victimisation do not occur in the teams and activities for which they are responsible and that, if they do occur, any concerns are investigated promptly and effectively.
1.5. Engaging in Sexual Harassment or Victimisation may lead to disciplinary action including termination of employment and/or expulsion from the College.
2.1. The College does not tolerate Sexual Harassment or Victimisation. The College seeks to ensure that the working environment of the College is safe and supportive for all College Employees.
2.2. All College Employees are entitled to be treated with dignity and respect. This includes freedom from Sexual Harassment and Victimisation, feeling safe and supported, and having access to redress if Sexual Harassment or Victimisation occurs.
2.3. Sexual Harassment is unlawful under the Equality Act 2010 and the College is required by law to take reasonable steps to prevent the Sexual Harassment of all College Employees.
2.4. This Policy covers behaviour which occurs in any of the following situations:
2.4.1. in a College Employee’s normal workplace while they are at work ;
2.4.2. outside a College Employee’s normal workplace or normal working hours but where the situation relates to work : examples include (but are not limited to) working-lunches, business-trips, or social functions ;
2.4.3. outside a College Employee’s workplace and working-hours but involving a co worker or some other person connected to the College ;
2.4.4. outside a work-situation where the incident is relevant to a person’s suitability to carry out a role.
2.5. This Policy does not provide a separate procedure for complaints of Victimisation which should be made through the applicable Grievance Procedure.
3.1. In this Policy the following terms have the following meanings:
| Board | A Committee, Sub-Committee, or Forum of the College as set out in Chapter VII of the Bylaws. |
| Bylaw | A College Bylaw made for the College by the Governing Body under Statute 2.7. |
| College Officer | As defined by College Statute 5.2 and Bylaws IV.1 and 2 but (for the purposes of this Policy) including the Warden in relation to a complaint about the conduct of the Sub Warden. |
| College Employee | Includes academic and non-academic employees of the College, permanent, temporary, contract, agency and other support staff, and includes Junior Members who are employed by the College in any capacity. |
| College Members | For the purposes of this Policy : the Warden, the Fellows, and the Junior Members. |
| Equality Act 2010 | The Equality Act 2010 as subsequently amended. |
| Fellow | A person holding any category of Fellowship of the College as defined by Statute 4.2 and Bylaw III.11(a). |
| Formal Complaint | A Formal Complaint under the Sexual Harassment Complaints Procedure. |
| Grievance Procedure | The grievance procedure provided for College Employees in the Staff Handbook or in Statute IX and Bylaw VIII as applicable. |
| Investigator | The person appointed to investigate a Formal Complaint. |
| Junior Member | A Junior Member of the College as defined by Statute 6.1, i.e., a person who has been presented by the College for matriculation or who has migrated to the College and is engaged in an approved course of study within the University or who has been admitted to the College to pursue an approved course of study. |
| Protected Act | Any of the following :
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| Relevant College Officer | The College Officer identified as the Relevant College Officer in paragraph 5.4. |
| Relevant Other Staff | Consultants, self-employed contractors, casual workers, agency workers, apprentices, volunteers and interns working for the College. |
| Senior Colleague | One of the Heads of Department identified and trained for this role. The names of the Senior Colleagues are displayed on posters in the Staff Common Room and elsewhere around the College. Further provision about the Senior Colleagues is set out in paragraph 3.7. |
| Sexually Harass | To engage in Sexual Harassment. |
| Sexual Harassment | Unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for that person ; and/or treating someone less favourably because they have submitted to or refused to submit to unwanted conduct of a sexual nature or that is related to gender reassignment or sex. Further provisions relating to the definition of Sexual Harassment are set out in paragraphs 3.2 and 3.3. |
| Sexual Harassment Complaints Procedure | The procedure provided in section 6 of this Policy to deal with College Employees’ complaints of Sexual Harassment. |
| Statute | One of the College Statutes approved by The Queen-in Council on 15 July 2015. |
| Staff Harassment Adviser | A Fellow of the College who has been appointed by the Governing Body to be one of the Advisers on Staff Harassment Policy. The names of the Staff Harassment Advisers are displayed on posters in the Staff Common Room and elsewhere around the College. The names are also available from the Human Resources Department or the Warden’s Office. Further provision about the role of the Staff Harassment Advisers is made in paragraph 3.8. |
| Third Party | A person who is not a College Employee. |
| Victimisation | Subjecting a person to detriment because they have done or are suspected of doing or intend to do a Protected Act; it is not necessary for the person actually to have done the Protected Act for detrimental treatment to amount to Victimisation. Further provisions relating to the definition of Victimisation are set out in paragraph 3.4. |
| Warden | Includes an Acting Warden appointed under Statute 3.4. |
| Working Days | Days other than : Saturdays, Sundays, Bank Holidays in England and Wales, or days within the College’s Christmas and Easter closures. |
| You | Within the Sexual Harassment Complaints Procedure : a College Employee who believes that they have been Sexually Harassed and who may wish to make a Formal Complaint. |
3.2. Sexual Harassment is defined above and may include (but is not limited to) unwanted conduct of the following kinds:
3.2.1. sexual comments or jokes (sometimes referred to as “banter”);
3.2.2. displaying sexually-graphic pictures, posters, or photographs;
3.2.3. suggestive looks, staring, or leering;
3.2.4. sexual propositions or advances;
3.2.5. making promises in return for sexual favours;
3.2.6. sexual gestures;
3.2.7. intrusive questions about a person’s private or sex-life;
3.2.8. a person discussing their own sex-life;
3.2.9. sexual posts or contact in online communications including on social media;
3.2.10. spreading sexual rumours about a person ;
3.2.11. sending sexually-explicit emails, text-messages, or social-media messages;
3.2.12. touching, hugging, massaging, or kissing.
3.3. Behaviour may amount to Sexual Harassment : whether it is in person or by digital or other remote means;
3.3.2. where it is sexual in nature whether or not it was sexually motivated;
3.3.3. whether it is by someone of the same or a different sex;
3.3.4. whether or not the person harassed was the intended target of the behaviour.
3.4. A single incident can amount to sexual harassment.
3.5. Victimisation may include (but is not limited to):
3.5.1. failing to consider someone for promotion because they have made a complaint of Sexual Harassment;
3.5.2. dismissing someone because they accompanied a colleague to a meeting about a complaint of Sexual Harassment;
3.5.3. excluding someone from work-meetings because they gave evidence as a witness for another College Employee about a complaint of Sexual Harassment.
3.6. The intention of someone who commits Sexual Harassment is not likely to be relevant and a person may be Sexually Harassed even if they were not the intended target. For example, a person may be Sexually Harassed by pornographic images displayed on a colleague's computer in the workplace.
3.7. Senior Colleagues
3.7.1. The role of a Senior Colleague is to take appropriate steps to see if a matter can be resolved through informal action if they are approached by a College Employee under paragraph 6.2 below. In some cases, this may include to asking the parties to consider entering into a mediation or conciliation process.
3.7.2. The Domestic Bursar in consultation with the Head of Human Resources must identify no fewer than two Heads of Department to be available to College Employees as Senior Colleagues and must ensure that they are appropriately trained and supported. The Domestic Bursar must try to ensure diversity among the Heads of Department identified so as to favour the approachability of the Senior Colleagues.
3.7.3. The names of the Senior Colleagues must be displayed on posters in the Staff Common Room and elsewhere around the College.
3.8. Staff Harassment Advisers
3.8.1. The role of the Staff Harassment Advisers is to listen non-judgmentally to the concerns of College Employees who believe that they have been Sexually Harassed and to provide them with support by:
3.8.1.1. guiding them through this Policy and the Sexual Harassment Complaints Procedure, clarifying the options open to them, and assisting them to resolve the matter informally where possible;
3.8.1.2. where requested, supporting them through the resolution process, whether formal or informal;
3.8.1.3. dealing with all cases in the utmost confidentiality, except where there is an unacceptable risk to a Junior Member, a College Employee, or the College; and
3.8.1.4. referring them to other advisers where necessary or to other agencies or support-systems as appropriate.
3.8.2. Staff Harassment Advisers must not: approach the alleged harasser in an attempt to mediate or resolve the matter;
3.8.2.1. act as a representative or advocate; or
3.8.2.2. act as a party to any stage of a Formal Complaint.
3.8.3. The names of the Staff Harassment Advisers must be displayed on posters in the Staff Common Room and elsewhere around the College.
4.1. The College provides regular training about Sexual Harassment to all College Employees, members of the Governing Body, and Junior Members to ensure that they understand what Sexual Harassment is, how it may occur, that it will not be tolerated, and how it will be dealt with.
4.2. The College ensures that those involved in the management of College Employees and in the administration of this Policy have the training they need to implement this Policy, including preventing the occurrence of Sexual Harassment in the workplace and the procedures to follow if an allegation is reported.
5.1. Sexual Harassment by a Third Party occurs when a College Employee is subjected to Sexual Harassment by someone (a) who is not a College Employee but (b) whom the College Employee has encountered in connection with their work.
5.2. Sexual Harassment of College Employees by a Third Party is unlawful and will not be tolerated. The College will take reasonable steps to prevent College Employees from being Sexually Harassed by Third Parties.
5.3. Steps taken by the College to prevent College Employees from being Sexually Harassed by Third Parties may include : attaching signs at appropriate entries to the College’s premises, informing suppliers and contractors that the College does not tolerate Sexual Harassment, training and guidance for Third Parties who are College Members.
5.4. College Members who are not College Employees are Third Parties. The College nonetheless has jurisdiction over them under its Statutes and Bylaws and they are subject to this Policy ; complaints may be made about them under the Sexual Harassment Complaints Procedure.
5.5. College Employees who are subjected to Sexual Harassment by a Third Party are encouraged to report this as soon as possible to the Domestic Bursar who will consider in consultation with other College Officers and Heads of Department how the College should respond.
5.6 If any Third Party Sexually Harasses any College Employees or College Members, the College will take steps to remedy any complaints and to prevent it happening again. Such steps may include warning the Third Party about their behaviour, banning them from the College’s premises, reporting any criminal acts to the police, and sharing information with the University or another College or other Colleges as relevant.
5.7. Sexual Harassment of a Third Party by a College Employee or a College Member may lead to disciplinary action up to and including dismissal or expulsion.