Books on library shelf (Photo: John Cairns)

Policy on Harassment, Bullying, and Victimisation

PART A: INTRODUCTION

1. Approval and Binding Effect

1.1. This Policy was approved by the Governing Body of Merton College on 22 June 2026

1.2. This Policy consists of five Parts:

Part A: Introduction

Part B: Definitions

Part C: Harassment, Bullying, and Victimisation

Part D: Examples

Part E: Complaints Procedure

1.3. Any amendments to this Policy must be approved by the Governing Body. This Policy must be reviewed annually by the Governing Body with the advice of the Statutes and Bylaws Committee in consultation with such other Boards and College Officers as the Statutes and Bylaws Committee or the Governing Body deems appropriate.

1.4. 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.

1.5. All College Members and Staff are covered by and must comply with this Policy. Members of Common Room, MCR Associates, Choral Exhibitioners, and Organ Exhibitioners are covered by it and must comply with it as if they were College Members. Visiting Scholars appointed under Bylaw VI.13(a) and those on whom the honorary title of Lecturer has been conferred under Bylaw IV.36(b) are covered by it and must comply with it as if they were Staff Members.

1.6. Attention is also drawn to the fact that some Staff Members are also College Members, e.g. Tutors or other College Officers who are also Fellows.

1.7. All College Members and Staff must familiarise themselves with this Policy. Members of the Governing Body and those in positions of authority within the College, such as College Officers, Heads of Department, and all other managers, have a duty to implement this Policy and to make every effort to ensure that the conduct prohibited by this Policy does not occur in the activities for which they are responsible and that, if they do occur, any concerns are taken seriously and dealt with appropriately under this Policy and its Complaints Procedures.

2. Scope

2.1. This Policy covers Harassment, Bullying, or Victimisation that occurs in the College Context. The College does not tolerate Harassment, Bullying, or Victimisation.

2.2. Incidents that occur outside the College Context may, if they involve members of the University or another College, fall within the University’s relevant procedures or the relevant procedures of that other College.

2.3. The College is committed to fostering an inclusive culture which promotes equality, values diversity and maintains a working, learning and social environment in which the rights and dignity of all members of the College community are respected. The College seeks to ensure that it provides a safe and supportive environment for all College Members and a safe and supportive working environment for all Staff.

2.4. All College Members and Staff are entitled to be treated with dignity and respect: this includes freedom from Harassment, Bullying, and Victimisation, and access to redress if Harassment, Bullying, or Victimisation occurs. All College Members and all Staff have a personal responsibility for treating others with dignity and respect and for discouraging Harassment and Victimisation by making it clear that such behaviour is unacceptable.

2.5. The College is also required by law specifically to take reasonable steps to prevent the Sexual Harassment of all Staff, which is unlawful under the Equality Act 2010.

2.6. The aims of the College as reflected in this Policy are to:

2.6.1. promote a positive environment in which people are treated fairly and with respect;

2.6.2. make it clear that Harassment, Bullying, and Victimisation are unacceptable, recognising that such conduct may cause physical and/or emotional harm, and that all College Members and Staff have a role to play in creating an environment free from Harassment, Bullying, and Victimisation;

2.6.3. provide a framework of support for College Members and Staff who believe they have been subject to Harassment, Bullying, or Victimisation; and

2.6.4. provide procedures by which complaints about Harassment, Bullying, or Victimisation can, wherever possible, be addressed appropriately and in a timely way.

2.7. The College expects visitors and guests to behave with respect, courtesy, and consideration for College Members, Staff, and one another. Visitors or guests who Harass, Bully, abuse, or threaten College Members or Staff may be required to leave College premises and may be reported to the police.

3. Freedom of Speech and Academic Freedom

3.1. Freedom of Speech and Academic Freedom are central tenets of College life and must be robustly protected. On this basis, the College operates with a strong presumption in favour of Freedom of Speech and Academic Freedom.

3.1.1. In all its activities, the College seeks to: secure and promote Freedom of Speech and Academic Freedom; ensure a very high level of protection for the lawful expression of a viewpoint and for speech in an academic context; and foster a culture of openness and inclusivity, in which members of the College community engage with each other, and the public, in debate and discussion, remain open to both intellectual challenge and change, and are free to seek, receive and impart lawful views and ideas of all kind.

3.1.2. Inevitably, this may mean that College Members (including Junior Members) and Staff are confronted with views that some may find unsettling, extreme, or offensive. The College believes that a culture of free, open, and robust discussion can be achieved only if all concerned engage with each other critically but with respect for the dignity of the individual expressing their views. Such an environment is fundamental for creating a diverse culture of intellectual enquiry where a range of views can be heard, challenged and debated.

3.1.3. The definitive and up-to-date statement of the College’s approach to Academic Freedom and Freedom of Speech is set out in its Code of Practice on Freedom of Speech.

PART B

DEFINITIONS

1. In this Policy, the Common Definitions set out in the table below have the meanings there assigned to them. Part E also contains definitions applicable specifically to Part E.

2. In this table, the definitions of Bullying, Harassment, Sexual Harassment, and Victimisation have been placed first. The other Common Definitions are set out thereafter in alphabetical order.

Bullying	Conduct which may be characterised as either unwanted behaviour towards another that is intimidating, malicious, or insulting or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to another. Part D contains examples of behaviour that might amount to Bullying.
Harassment	Conduct unwanted by the recipient(s) or object(s) of it within one or more of the following categories: A. A Course of Conduct which amounts to harassment; and in this context, harassment includes Stalking. B. Sexual Harassment. C. Conduct relating to a person’s Protected Characteristic(s) that has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment and it was reasonable for the conduct to have that effect. Part D has examples of behaviour that might amount to 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. Conduct may amount to Sexual Harassment: (a) where it is sexual in nature whether or not it was sexually motivated; (b) whether it is by someone of the same or a different sex; (c) whether or not the person harassed was the intended target of the behaviour; (d) whether it is a single incident or more than one.
Victimisation	Any instance where a person is subjected to detrimental treatment because that person, in good faith: (a) made an allegation of Harassment, or (b) indicated an intention to make such an allegation, or (c) assisted or supported another person in bringing forward such an allegation, or (d) participated in an investigation of a complaint, or (e) participated in any disciplinary hearing arising from a Formal Complaint, or (f) took any other steps in connection with this Policy and its Complaints Procedure or is suspected of having done so, or (g) has done or is suspected of doing or intending to do a Protected Act (and it is not necessary for the person actually to have done the Protected Act for detrimental treatment to amount to Victimisation).
Academic Freedom	In relation to academic staff of the College, their freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, including their opinions about the College, without placing themselves at risk of institutional censorship, losing their jobs or privileges or experiencing a reduction in the likelihood that they would secure a promotion or a different job at the College, as also further provided for in College Statute 1.4.
Board	A Committee, Sub-Committee, or Forum of the College as set out in Chapter VII of the Bylaws.
Bully, to	To engage in Bullying.
Bylaw	A Bylaw made for the College by the Governing Body under College Statute 2.7.
Choral Exhibitioner	A person appointed to hold a Choral Exhibition under Bylaw V.5(a)(iii).
College	Merton College
College Context	A. In relation to College Members: (a) On College premises; or (b) not on College premises but in the course of College or University activity within or outside Oxford whether academic, sporting, social, cultural, or other; or (c) involving another College Member or a member of the College Staff, whether or not on College premises. B. In relation to Staff Members: (a) in a Staff Member’s normal workplace while they are at work; (b) a Staff Member’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; (c) outside a Staff Member’s workplace and working-hours but involving a co-worker or some other person connected to the College; (d) outside a work-situation where the incident is relevant to a Staff Member’s suitability to carry out a role.
College Employee	Includes academic and non-academic employees of the College, whether permanent or temporary.
College Lecturer	For the purposes of this Policy, both: (a) those who have been appointed to the office of Lecturer under Statute 5.2(c) (who are Staff Members) and (b) those upon whom the honorary title of Lecturer has been conferred under Bylaw IV.36(b) (who are to be treated under this Policy as if they were Staff Members).
College Members	For the purposes of this Policy : the Warden, the Fellows, and the Junior Members. For the purposes of this Policy, Members of Common Room, MCR Associates, Choral Exhibitioners, and Organ Exhibitioners are to be treated as if they were College Members.
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 Statute	One of the Statutes made for the College by the Governing Body and approved by The Queen-in-Council on 15 July 2015.
Common Definitions	The definitions set out in Part B, i.e. in this table.
Complaints Procedure	The complaints-procedure set out in Part E.
Course of Conduct	In the case of conduct in relation to a single person, conduct on at least two occasions in relation to that person. In the case of conduct in relation to two or more persons, conduct on at least one occasion in relation to each of those persons.
Equality Act 2010	The Equality Act 2010 as subsequently amended.
Fellow	A person holding any category of Fellowship of the College as defined by College Statute 4.2 and Bylaw III.11(a).
Freedom of Speech	Freedom, within the law, to impart ideas, opinions or information by means of speech, writing or images (including in electronic form).
Harass, to	To engage in Harassment.
Harassment Advisers	The Junior Members’ Harassment Advisers and the Staff Harassment Advisers. Further provision about Harassment Advisers is made in Part E.
Junior Member	A Junior Member of the College as defined by College 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. For the purposes of this Policy, MCR Associates, Choral Exhibitioners, and Organ Exhibitioners are to be treated as if they were Junior Members.
Junior Members’ Harassment Adviser	A person who has been appointed by the Governing Body to be one of the Harassment Advisers to Junior Members under Bylaw IV.20. For the purposes of this Policy, MCR Associates, Choral Exhibitioners, and Organ Exhibitioners are to be treated as if they were Junior Members. The names of the Junior Members’ Harassment Advisers are displayed on posters around the College. The names are also available from the Academic Office or the Warden’s Office. Further provision about Harassment Advisers is made in Part E.
MCR Associates	Persons selected as Associates of the Middle Common Room (whether in Category A or Category B) under Bylaw V.11. MCR Associates are covered by by this Policy and must comply with it as if they were Junior Members.
Members of Common Room	For the purposes of this Policy, members of Common Room under Bylaw X.1 who are not also College Members or Staff Members. Members of Common Room are covered by by this Policy and must comply with it as if they were College Members.
Organ Exhibitioner	A person appointed to hold an Organ Exhibition under Bylaw V.5(b)(iii).
Part	One of the Parts of this Policy.
Protected Act	Any of the following : • Making a claim or complaint under the Equality Act 2010 (for example for discrimination or harassment); • helping another person to make a claim by giving evidence or information in connection with proceedings under the Equality Act 2010 ; • making an allegation that someone has breached the Equality Act 2010 ; • doing anything else in connection with the Equality Act 2010.
Protected Characteristic	Any of the following: age; disability; gender reassignment; race; religion or belief; sex; or sexual orientation. [Marriage or civil partnership, pregnancy, and maternity have not been included in this definition as they are not relevant protected characteristics for the purposes of harassment under the Equality Act 2010.]
Relevant Other Staff	Consultants, self-employed contractors, casual workers, agency workers, apprentices, volunteers and interns working for the College. For the purposes of this Policy only, Visiting Scholars appointed under Bylaw VI.13(a) and those on whom the honorary title of Lecturer has been conferred under Bylaw IV.36(b) are to be treated as if they were Relevant Other Staff.
Sexually Harass, to	To engage in Sexual Harassment.
Staff Harassment Adviser	A person who has been appointed by the Governing Body to be one of the College Advisers on Staff Harassment Policy under Bylaw IV.11. For the purposes of this Policy, Visiting Scholars appointed under Bylaw VI.13(a) and those on whom the honorary title of Lecturer has been conferred under Bylaw IV.36(b) are to be treated as if they were Staff Members. 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 Harassment Advisers is made in Part E.
Staff Member	A member of the Staff
Stalking	A Course of Conduct which amounts to Harassment where the acts or omissions involved are ones associated with stalking, for example: (a) following a person; (b) contacting, or attempting to contact, a person by any means; (c) publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person; (d) monitoring the use by a person of the internet, email or any other form of electronic communication; (e) loitering in any place (whether public or private); (f) interfering with any property in the possession of a person; (g) watching or spying on a person.
Third Party	A person who is neither a College Member nor a Staff Member.
University	The University of Oxford.
Victimise, to	To engage in Victimisation.
Warden	Includes an Acting Warden appointed under College 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.

PART C

HARASSMENT, BULLYING, AND VICTIMISATION

6. Harassment, Bullying, and Victimisation

6.1. Engaging in Harassment, Bullying, or Victimisation is misconduct and may lead to disciplinary action including termination of employment or of an association with the College and/or expulsion from the College.

6.2. Harassment, Bullying, and Victimisation:

6.2.1. could include (but are not limited to) unwanted conduct of the kinds set out in section 12 (Part D);

6.2.2. are unlikely to include exposure to the things set out in section 13 (Part D);

6.2.3. are not excused by being under the influence of alcohol or drugs or otherwise intoxicated.

6.3. Conduct can amount to Harassment or Bullying:

6.3.1. whether it is in person or by digital or other remote means ;

6.3.2. whether it is verbal or physical or both;

6.3.3. whether it is directed to the person concerned or to a third party.

6.4. In deciding whether Harassment or Bullying has occurred the intentions of the alleged perpetrator and the perception of the alleged victim, including the extent to which that perception is in all the circumstances reasonable, will be taken into account.

6.5. 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.

6.6. Conduct relating to a person’s Protected Characteristic may amount to Harassment whether the person possesses the Protected Characteristic in question or is perceived to possess it.

6.7. In some cases lawful speech which is otherwise lawful might amount to Harassment, if the time, place, and/or manner of its expression interferes disproportionately with the rights of others. For example, speech which is acceptable as part of a formal debate on a controversial topic might nonetheless constitute Harassment if delivered unprompted to a person with or perceived to have a relevant Protected Characteristic in a social context.

7. Preventing the Sexual Harassment of Staff

7.1. This section is about the College’s duty as an employer under the Equality Act 2010, s.40A.

7.2. The College as an employer has a particular legal duty under the Equality Act 2010, s.40A to take all reasonable steps to prevent the Sexual Harassment of Staff Members in the course of their employment, including by people who are not Staff Members.[1]

7.3. The College ensures that those involved in the management of the College 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.

7.4. Sexual Harassment of Staff Members (whether by other Staff Members or by people who are not Staff Members) will not be tolerated. The College will take reasonable steps to prevent Staff from being Sexually Harassed.

7.5. The College requires the following people to undertake regular training about Sexual Harassment: all members of the Governing Body, Junior Members, and College Employees 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.

7.6. Steps taken by the College to prevent Staff Members from being Sexually Harassed by anyone who is not a Staff Member may include: attaching signs at appropriate entries to the College’s premises, informing suppliers and contractors that the College does not tolerate Sexual Harassment, and training and guidance for College Members.

7.7. College Members who are not Staff Members are subject to the jurisdiction of the College and are bound by this Policy: complaints about them may be made under the Complaints Procedure.

7.8. Staff who are subjected to Sexual Harassment by a Third Party are encouraged to report this as soon as possible. See paragraph 8.1.1 below.

8. Third Parties

8.1. The College will not tolerate Harassment or Bullying of College Members and Staff by Third Parties.

8.1.1. College Members and Staff Members who are subjected to Harassment or Bullying by a Third Party are encouraged to report this as soon as possible to the Domestic Bursar. Staff Members may, if they wish, do this through their line-manager (if they have one) or the Head of Human Resources.

8.1.2. If a College Member or Staff Member has been Harassed or Bullied by a Third Party, the College will take steps to remedy any complaint and to prevent Harassment from happening again. Remedies 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 appropriate.

8.2. Harassment or Bullying of a Third Party by a College Member or Staff Member may lead to disciplinary action including termination of employment or of an association with the College and/or expulsion from the College.

9. Witnesses to Harassment, Bullying, or Victimisation

9.1. College Members and Staff Members who witness Harassment, Bullying, or Victimisation are encouraged to take appropriate steps to address it.

9.2. Depending on the circumstances, appropriate steps could include:

9.2.1. intervening where they feel able to do so;

9.2.2. supporting the victim to report it or reporting it on their behalf;

9.2.3. reporting the incident where they feel there may be a continuing risk if they do not report it;

9.2.4. co-operating in any investigation into the incident.

9.3. All witnesses will be provided with appropriate support and will be protected from Victimisation.

10. Monitoring

10.1. The Warden’s Office must be provided with and keep an anonymised record of the number of Formal Complaints made, the general area of each one, of their outcomes (dismissed, partially upheld, upheld), of any requests for Review and of their outcomes (dismissed, partially upheld, upheld).

10.2. The Human Resources Department must be provided with and keep an anonymised record of:

10.2.1. the number of Formal Complaints of Sexual Harassment made by Staff, of their outcomes (dismissed, partially upheld, upheld), of any requests for Review and of their outcomes (dismissed, partially upheld, upheld), and of any disciplinary proceedings or grievances raised and their outcomes;

10.2.2. the number of reports received under paragraph 8.1.1 above of Sexual Harassment of Staff by Third Parties and what responses the College made.

10.3. The Sub-Warden and the Domestic Bursar must present a joint report to the Governing Body at the beginning of Michaelmas Term each year containing the information recorded during the previous academic year pursuant to paragraph 10.1 and 10.2, having due regard to the provisions of the Data Protection Act 2018 and the UK GDPR.

10.4. The Domestic Committee must identify and review annually appropriate steps to monitor the treatment and outcomes of any Formal Complaints of Sexual Harassment or Victimisation made by Staff Members to ensure that they have been properly investigated and resolved, that those who report or act as witnesses are not Victimised, that repeat offenders are dealt with appropriately, that cultural clashes are identified and resolved, and that workforce-training is targeted where needed.

[1] Note on the draft : The Equality Act 2010 s.40A has been amended to require not only reasonable steps but all reasonable steps. This amendment was introduced by the Employment Rights Act 2025 and is effective from 1 October 2026.

PART D

EXAMPLES

11. Introduction

11.1. The examples provided in this Part are illustrative and non-exhaustive.

11.2. While the examples provided in this Part are intended to assist those who refer to it, the question of whether any particular act or series of acts amounts to Bullying, Harassment, or Victimisation must be determined by reference to the definitions of those terms as used in this Policy and by the provisions of paragraph 6 (in Part C, above).

12. Examples of behaviour that can amount to Bullying, Harassment and Victimisation.

12.1. Bullying could include (but is not limited to) unwanted conduct of the following kinds:

12.1.1. insulting, abusive, embarrassing or patronising behaviour or comment;

12.1.2. humiliating, intimidating, and/or demeaning criticism;

12.1.3. shouting at, insulting, threatening, disparaging or intimidating an individual;

12.1.4. persistently criticising an individual without providing constructive support to address any performance concerns;

12.1.5. setting impossible deadlines or imposing unmanageable workloads, for example by persistently overloading an individual with work that they cannot reasonably be expected to complete within the required timescales;

12.1.6. threatening to disclose, or disclosing, a person’s sexuality or disability to others without their permission;

12.1.7. deliberately using the wrong name or pronoun in relation to a transgender person or persistently referring to their gender identity history;

12.1.8. isolation from normal work or study place, conversations, or social events.

12.2. Harassment arising from a Course of Conduct (Harassment in Category A) could include, but is not limited to, unwanted conduct of the following kinds:

12.2.1. repeatedly making unwanted contact via calls, messages, or emails;

12.2.2. sending a threatening message to more than one person;

12.2.3. repeatedly sending someone threats of violence or harm;

12.2.4. following or watching someone repeatedly, in person or online;

12.2.5. repeatedly sending graphic content, such as violent or hateful images, to someone.

12.3. Sexual Harassment (Harassment in Category B) could include, but is not limited to, unwanted conduct of the following kinds:

12.3.1. sexual comments or jokes;

12.3.2. displaying sexually-graphic pictures, posters, or photographs;

12.3.3. suggestive looks, staring, or leering;

12.3.4. sexual propositions or advances;

12.3.5. making promises in return for sexual favours;

12.3.6. sexual gestures;

12.3.7. intrusive questions about a person’s private or sex-life;

12.3.8. a person discussing their own sex-life;

12.3.9. sexual posts or contact in online communications including on social media;

12.3.10. spreading sexual rumours about a person;

12.3.11. sending sexually-explicit emails, text-messages, or social-media messages;

12.3.12. touching, hugging, massaging, or kissing.

12.4. Harassment relating to a person’s Protected Characteristic(s) (Harassment in Category C) could include, but is not limited to, unwanted conduct of the following kinds:

12.4.1. jokes or derogatory comments about a person’s actual or perceived Protected Characteristic(s);

12.4.2. verbal and physical threats or intimidating behaviour linked to a person’s actual or perceived Protected Characteristic(s);

12.4.3. sending memes to a person mocking their actual or perceived Protected Characteristic(s);

12.4.4. questioning an individual’s qualifications or right to be on a course or in a position at work based on their actual or perceived Protected Characteristic(s);

12.4.5. excluding someone from a group activity because of their actual or perceived Protected Characteristic(s).

12.5. Victimisation could include (but is not limited to):

12.5.1. failing to consider someone for promotion because they have made a complaint of Harassment ;

12.5.2. dismissing someone because they accompanied a colleague to a meeting about a complaint of Harassment ;

12.5.3. excluding someone from work-meetings because they gave evidence as a witness for another Staff Member about a complaint of Harassment.

13. Exposure to any of the following is unlikely to amount to Bullying or Harassment:

13.1.1. the content of higher education course-materials, including but not limited to books, videos, sound-recordings, pictures;

13.1.2. statements made and views expressed by a person as part of teaching, research or discussions about any subject-matter which is connected with the content of a higher education course;

13.1.3. vigorous academic debate when conducted respectfully and without violating the dignity of others or creating an intimidating, hostile, degrading, humiliating or offensive environment for them;

13.1.4. reasonable management and/or criticism of work and/or the commencement of internal College procedures.

PART E

COMPLAINTS PROCEDURE

1. Definitions

1.1. In this Part, in addition to the Common Definitions the following terms have the following meanings:

Formal Complaint	A Formal Complaint under this Complaints Procedure.
Grievance Procedure	The grievance procedure provided in the Staff Handbook or in College Statute IX and Bylaw VIII as applicable.
Informal Action	Action taken under section 16 to try to resolve a complaint of Wrongful Behaviour, without a Formal Complaint having been made.
Investigator	The person appointed to investigate a Formal Complaint.
Relevant College Officer	The College Officer identified as the Relevant College Officer in section 17.6.
Respondent	The person about whose Wrongful Behaviour You are complaining.
Review	A review of the handling of a Formal Complaint. Provision is made for Review in sections 18 and 19.
Reviewer	The person to whom a request for a Review must be sent in accordance with paragraph 18.4.
Review Panel	A Panel convened by the Reviewer under Stage Three consisting of the Reviewer (chair and convener) and two Fellows of the College enlisted by the Reviewer who have had no involvement in the Formal Complaint or its handling in Stage Two or in any Informal Action that preceded it under Stage One.
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 section 14.3
Senior Fellow	The member of the Governing Body who is first in order of precedence under Bylaw III.3.
Stage	A Stage of this Complaints Procedure, as set out in paragraph 15.2.
Working Days	Days other than : Saturdays, Sundays, Bank Holidays in England and Wales, or days within the College’s Christmas and Easter closures.
Wrongful Behaviour	Harassment and/or Bullying and/or Victimisation
You	A person who believes that they have been subjected to Wrongful Behaviour by a College Member or Staff Member in a College Context and who may wish to make a Formal Complaint.

14.2. Harassment Advisers

14.2.1. The role of the Harassment Advisers is:

14.2.1.1. to listen non-judgmentally to the concerns of Junior Members (if they are Junior Members’ Harassment Advisers) or Staff Members (if they are Staff Harassment Advisers) who believe that they have been Harassed, Bullied, or Victimised or who are accused of Harassment, Bullying, or Victimisation;

14.2.1.2. to be empathetic and to accept that the person who has approached them feels the way they do, without attempting to assess or adjudicate;

14.2.1.3. to guide the person through this Policy and its Complaints Procedure and to clarify and explore with them the options open to them under it;

14.2.1.4. to deal with all cases in the utmost confidentiality, except exceptionally when an individual is considered to be at risk of serious harm, and to explain the parameters of confidentiality when they first meet; and

14.2.1.5. to refer them to other agencies or support-systems as appropriate.

14.2.2. Harassment Advisers must not:

14.2.2.1. provide legal advice;

14.2.2.2. state to those to whom they are providing support that any particular behaviour either definitely does or definitely does not constitute Harassment, Bullying, or Victimisation or advise them that the College’s procedures will lead to a particular outcome;

14.2.2.3. approach any alleged perpetrator in an attempt to mediate or resolve the matter;

14.2.2.4. act as a representative or advocate; or

14.2.2.5. be involved in any Stage of the Complaints Procedure (e.g. by writing a Formal Complaint or participating in any investigation) or in any subsequent disciplinary or grievance procedure, except by way of supporting the individual concerned as set out in paragraph 14.2.1;

14.2.3. The names of the Harassment Advisers must be displayed on posters around the College. The names of the Staff Harassment Advisers must also be displayed on posters in the Staff Common Room.

14.3. Senior Colleagues

14.3.1. 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 Staff Member under section 16.3.3 below. In some cases, this may include asking the parties to consider entering into a mediation or conciliation process.

14.3.2. The Domestic Bursar in consultation with the Head of Human Resources must identify no fewer than two Heads of Department to be available to Staff 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.

14.3.3. The names of the Senior Colleagues must be displayed on posters around the College and in the Staff Common Room.

15. Procedure: Outline

15.1. This Complaints Procedure is provided to enable You to make a Formal Complaint where You believe You have been Harassed, Bullied, or Victimised by a College Member or a Staff Member in a College Context.

15.2. This Complaints Procedure has three possible stages:

15.2.1. Stage One: Informal Action.

15.2.1.1. Before You decide to make a Formal Complaint, You may wish to try to having the issue resolved through Informal Action.

15.2.1.2. Section 16 contains information about what You should do, if that is the case.

15.2.2. Stage Two: Formal Complaint.

15.2.2.1. If You do not think that Informal Action is appropriate or if Informal Action has not resolved the issue, You may make a Formal Complaint.

15.2.2.2. Section 17 contains information about what You should do, if You wish to make a Formal Complaint.

15.2.3. Stage Three: Review.

15.2.3.1. If You are not satisfied with the decisions made about Your Formal Complaint, You may be able to request a Review.

15.2.3.2. Stage Three does not apply to any decision of the Relevant College Officer to institute disciplinary proceedings. If instituted, the parties to the disciplinary proceedings will be the Respondent and the College.

15.2.3.3. Section 18 contains information about what You should do, if You wish to request a Review.

15.3. If a criminal offence may also have been committed (for example assault), You can approach the Police directly and You may also wish to inform the following people that You have done so:

15.3.1. if You are a Junior Member, You may wish to inform the Head of Welfare;

15.3.2. if You are not a Junior Member, You may wish to inform the Domestic Bursar or the Head of Human Resources.

15.4. If You have already made a complaint about an incident of Harassment, Bullying, or Victimisation under another appropriate College policy or procedure, You cannot use this Complaints Procedure to make another complaint about the same incident.

15.5. This Complaints Procedure (including, for the avoidance of doubt, the Review for which provision is made in section 18) falls within the exclusions in section 2 of the Junior Members’ Complaints Procedure. The Junior Members’ Complaints Procedure cannot be used as an alternative or as a means of challenging a decision on Review.

15.6. Complaints must be dealt with confidentially by all concerned except where it is necessary to disclose information to carry out a fair investigation. For the avoidance of doubt, it is not a breach of confidentiality for the Relevant College Officer or the person dealing with Informal Action to seek legal and procedural advice whether internally from the Dean and Keeper of the Statutes or externally from solicitors and/or Counsel.

15.7. All parties involved in a complaint must act reasonably and fairly and treat the College’s procedures with respect.

16. Stage One: Informal Action before making a Formal Complaint

16.1. This section sets out what to do if You wish to try to resolve an issue of Wrongful Behaviour through Informal Action. You do not have to go through Stage One if You think that it would be inappropriate to try to resolve the issue through Informal Action.

16.2. You are entitled to make it clear to the Respondent that their behaviour is not wanted and that they must stop, but You do not have to deal with them directly if you do not want to. We recommend that you keep notes about what happened and when it happened, so that You can refer back to them.

16.3. If You do not feel comfortable dealing with the Respondent directly but would nevertheless like to try to resolve the issue through Informal Action, the steps You should take are as follows:

16.3.1. If You are a Junior Member, an MCR Associate, a Choral Exhibitioner, or an Organ Exhibitioner: You should approach the Head of Welfare or the Chaplain. Their role is to take appropriate steps to see if a matter can be resolved through Informal Action if approached. In some cases, this may include asking the parties to consider entering into a mediation or conciliation process.

16.3.2. If You are a Fellow or College Lecturer: You should approach the Chaplain or the Head of Welfare. Their role is to take appropriate steps to see if a matter can be resolved through Informal Action if approached. In some cases, this may include asking the parties to consider entering into a mediation or conciliation process.

16.3.3. If You are a Staff Member but not also a Junior Member or a Fellow or a College Lecturer: You should approach a Senior Colleague. There is more information about the role of Senior Colleagues in paragraph 14.3 above. The names of the Senior Colleagues whom You can approach are displayed on posters around the College and in the Staff Common Room.

16.4. In some situations, it may be appropriate for the parties to be asked to consider entering into a confidential mediation or conciliation process. Although mediation or conciliation may be attempted at any time before or after a Formal Complaint, it may be particularly helpful if it is considered at an early stage before a Formal Complaint is made.

16.5. As provided in paragraph 15.6, Informal Action must be dealt with confidentially by all concerned. To enable Informal Action to proceed, Your identity will usually need to be disclosed to any person about whom You want to complain.

17. Stage Two: Formal Complaints

17.1. If You think that it would be inappropriate to try to resolve the issue through Informal Action or if Informal Action does not resolve the issue, You can make a Formal Complaint.

17.2. By making a Formal Complaint, You consent to its investigation and to the making of inquiries in pursuit of that investigation.

17.3. As provided in paragraph 15.6, Formal Complaints must be dealt with confidentially by all concerned except where it is necessary to disclose information to carry out a fair investigation. For example, to enable an investigation to be carried out fairly, Your identity will usually need to be disclosed to any person who is the subject of the Formal Complaint.

17.4. Making a Formal Complaint

17.4.1. You must follow this Complaints Procedure if You wish to make a Formal Complaint that You have been subjected to Wrongful Behaviour by a College Member or a Staff Member.

17.4.2. You must make Your Formal Complaint in writing and send it to the Relevant College Officer.

17.4.2.1. If You find it difficult to put Your Formal Complaint in writing yourself, You can ask someone you trust to write down what you tell them so that you can send it to the Relevant College Officer as Your Formal Complaint.

17.4.2.2. If You ask someone You trust to write down what You tell them, You must make sure that they understand and accept that they must keep what they learn confidential in accordance with paragraph 17.3.

17.4.3. Paragraph 17.5 identifies the information that Your Formal Complaint should contain.

17.4.4. Paragraph 17.6 identifies the Relevant College Officer to whom You must send Your Formal Complaint.

17.5. Contents of Your Formal Complaint

17.5.1. Your Formal Complaint should include the following information about the Wrongful Behaviour that You say occurred:

17.5.1.1. Your name and contact-details;

17.5.1.2. the name of the Respondent (about whom You are complaining);

17.5.1.3. the nature of the Wrongful Behaviour about which You are complaining expressed as clearly and succinctly as possible;

17.5.1.4. the dates and times when the Wrongful Behaviour occurred and who was present;

17.5.1.5. the names and contact-details of any witnesses to the Wrongful Behaviour;

17.5.1.6. details of any action already taken by You to stop the Wrongful Behaviour;

17.5.1.7. a summary of the effect on You of the Wrongful Behaviour.

17.5.2. Your Formal Complaint should also be accompanied by any other information that You think is relevant.

17.6. Sending Your Formal Complaint to the Relevant College Officer

17.6.1. Set out below is the Relevant College Officer to whom You should send Your Formal Complaint.

17.6.2. If Your Formal Complaint is about a College Member (including College Members who are also Staff Members):

17.6.2.1. You must send Your Formal Complaint to the Sub-Warden unless it is about the Sub-Warden or a Junior Member.

17.6.2.2. If Your Formal Complaint is about the Sub-Warden, You must send it to the Warden.

17.6.2.3. If Your complaint is about a Junior Member, You must send it to the Principal of the Postmasters.

17.6.3. If Your Formal Complaint is about a Staff Member who is not also a College Member:

17.6.3.1. You must send Your Formal Complaint to the Domestic Bursar.

17.6.3.2. For the avoidance of doubt, a Staff Member who is not also a College Member means any Staff Member who is not also the Warden, a Fellow, or a Junior Member.

17.6.4. If You send Your Formal Complaint to the wrong Relevant College Officer:

17.6.4.1. The person who has received it will respond to tell You that they are not the right person and to inform you who the right person is; and

17.6.4.2. if You wish to pursue Your Formal Complaint, You must then send it to the right person.

17.7. Action by the Relevant College Officer on Receipt of a Formal Complaint

17.7.1. On receipt of Your Formal Complaint, the Relevant College Officer will consider in consultation with You what appropriate interim action may be necessary.

17.7.1.1. This may include making temporary arrangements on a neutral basis (i.e. pending investigation and without any presumption as to the investigation’s conclusions) to ensure that You are not brought into contact with the Respondent or suspending them until Your Formal Complaint has been resolved.

17.7.1.2. The Relevant College Officer will liaise with other College Officers who have responsibility for the Respondent to ensure that any appropriate steps are taken.

17.7.2. As a general principle, the decision whether to progress a complaint is up to You, but the College may pursue the matter independently if, in all the circumstances, the Relevant College Officer considers it appropriate and possible to do so.

17.8. Appointing an Investigator

17.8.1. Within five working days of receipt of Your Formal Complaint, the Relevant College Officer must appoint an Investigator and write to You to notify You of the identity of the proposed Investigator.

17.8.2. An Investigator may be a Fellow or a senior College Employee (for example, the Head of Human Resources) or an external person with appropriate experience and qualifications, as the Relevant College Officer considers appropriate in all the circumstances.

17.8.3. A Relevant College Officer who proposes to appoint an external person as Investigator must obtain the Finance Bursar’s consent to the external person’s proposed charges before appointing them.

17.8.4. An Investigator must not have been involved in any attempt at resolving the issue through Informal Action nor had any other involvement with the subject-matter of Your Formal Complaint or any close connexion with You or with the Respondent.

17.8.5. You must be given an opportunity to object to the proposed Investigator.

17.8.6. If You wish to object to a proposed Investigator You must write to the Relevant College Officer within five Working Days of being notified and must give reasons for Your objection.

17.8.7. The Relevant College Officer must appoint another Investigator if, in their opinion, Your objections disclose good reasons for doing so.

17.9. Investigation

17.9.1. The duty of the Investigator is:

17.9.1.1. to investigate Your Formal Complaint independently and impartially; and

17.9.1.2. to make a report to the Relevant College Officer as set out below.

17.9.2. The Investigator must make appropriate and proportionate inquiries in pursuit of their duty. The Investigator may request additional information, including documents, from You, from the Respondent, and/or from any other person, and may hold interviews with You, the Respondent, any witnesses You or the Respondent have identified, and any other person.

17.9.3. The Investigator must keep appropriate notes of all interviews and meetings conducted by them and for that purpose may have a note-taker present at any interview or meeting. The Investigator must ensure that the note-taker understands and accepts that they are bound by confidentiality.

17.9.4. If You are interviewed by the Investigator during their inquiries, You may be able to have someone to accompany You if You wish.

17.9.5. The Investigator must meet the Respondent to hear their account of events or if a meeting is not possible must seek their account by other appropriate means. The Respondent may be able to have someone to accompany them if they wish.

17.9.6. The Respondent has a right to be told the details of the allegations against them, so that they can respond.

17.9.7. The Investigator must provide interviewees with the notes of their interviews as soon as possible after they have taken place and must allow them an opportunity to comment on any inaccuracies or omissions.

17.9.8. The Investigator must complete their investigation as expeditiously as the subject-matter and fairness allow.

17.9.9. Within ten Working Days after the end of their investigation, the Investigator must produce a report in writing for the Relevant College Officer, setting out the details of their investigation and including in an appendix copies or notes of any evidence relied upon.

17.9.10. A copy of the Investigator’s report (including the appendices) must be given by the Relevant College Officer to You and to the Respondent.

17.10. Decisions

17.10.1. The Relevant College Officer must consider the Investigator’s report and decide whether to uphold, partially uphold, or not uphold Your Formal Complaint and what action should be taken.

17.10.2. The Relevant College Officer must take the decisions which seem to them most appropriate in all the circumstances. Among the decisions they may take are the following:

17.10.2.1. To take no further action. This may be appropriate where Your Formal Complaint has not been upheld and there are no other circumstances of the kind referred to in paragraphs 17.10.2.2 and 17.10.2.3 below.

17.10.2.2. To take no further action other than, where appropriate, to suggest steps that would help to restore a reasonable relationship between the parties. This may be appropriate where Your Formal Complaint has not been upheld but a continuing need for the parties to work together makes this appropriate.

17.10.2.3. To recommend or (where appropriate) require steps to be taken to resolve the issues that have arisen, for example by requiring that a person undertake specific training or implementing practical arrangements to improve working relationships. The decision will normally provide for the situation to be monitored for an appropriate period. This outcome may be appropriate where (a) Your Formal Complaint has not been upheld but (b), although the person against whom You complained has been found not to have subjected You to Wrongful Behaviour, one of the parties has behaved in a way which, if left unaddressed, is likely to lead to further issues between them or where there are other issues requiring the College’s attention.

17.10.2.4. To institute appropriate disciplinary proceedings against the Respondent. This outcome may be appropriate where the Relevant College Officer upholds Your Formal Complaint or where (a) Your Formal Complaint has not been upheld but (b) although the Respondent has been found not to have subjected You to Wrongful Behaviour, what they did appears to be serious enough to merit disciplinary proceedings on other grounds.

17.10.2.5. To institute disciplinary action against You if Your Formal Complaint is not upheld and the Relevant College Officer concludes that You did not make it in good faith. For the avoidance of doubt, the fact that Your Formal Complaint has not been upheld is not enough on its own to mean that You did not make it in good faith.

17.10.3. The Relevant College Officer may take into account any aggravating factors, such as abuse of power or breaches of other policies and regulations, when deciding the appropriate action to take.

17.10.4. Within ten Working Days of receiving the Investigator’s report:

17.10.4.1. The Relevant College Officer must write to You and to the Respondent to notify You and them of the decisions the Relevant College Officer has taken under paragraph 17.10.1 above and of the reasons for taking them.

17.10.4.2. The Relevant College Officer must also notify their decisions to any College Officer who ought to be made aware of them.

18. Stage Three: Review (Complainant’s Request)

18.1. As provided by paragraph 15.2.3.2, Stage Three does not apply to any decision of the Relevant College Officer to institute disciplinary proceedings.

18.2. Subject to paragraph 18.1 above, if You are not satisfied with the decisions of the Relevant College Officer You may request a Review but You must do so within ten Working Days of being notified of the Relevant College Officer’s Decision under paragraph 17.10.4.1 above.

18.3. Unless there are exceptional reasons, a request for a Review which is made outside the time-limit in paragraph 18.2 will not be accepted. If You believe that there are exceptional reasons for it to be accepted, You must state this when making the request for a Review.

18.4. Your request for a Review must be made by setting out in writing the grounds on which Your request is made and sending it to the Reviewer, as provided below.

18.4.1. Except where paragraph 18.4.2 applies, a request for a Review must be sent to the Warden. If sent by email it must be sent to warden@merton.ox.ac.uk and the subject-line of the email must state “Request for Review (Formal Complaint).”

18.4.2. If the Formal Complaint was dealt with by or concerned the Warden, the written request for a Review must be sent to the Senior Fellow, whose name and email-address are available from the Warden’s Office. If sent by email the subject-line of the email must state “Request for Review (Formal Complaint)”.

18.5. You may request a Review on one or more of the following grounds:

18.5.1. That there was a procedural irregularity or error in the handling of the Formal Complaint.

18.5.2. That the Relevant College Officer’s decision was objectively unreasonable.

18.5.3. That the Relevant College Officer did not provide reasons or did not provide clear reasons for their decision.

18.5.4. That You have material evidence which the Investigator and the Relevant College Officer have not seen and good reasons for why this evidence was not provided earlier.

18.6. As regards the grounds on which You may request a Review:

18.6.1. If You rely on the ground in paragraph 18.5.1 You must identify the irregularity or error in Your request for a Review.

18.6.2. If You rely on the ground in paragraph 18.5.2 You must identify which aspects of the outcome You consider to be objectively unreasonable and explain why.

18.6.3. If You rely on the ground in paragraph 18.5.3 You must identify where reasons were not given or the aspects in which the reasons given by the Relevant College Officer were unclear.

18.6.4. If You rely on the ground in paragraph 18.5.4 You must provide the evidence and explain Your reasons for not providing it earlier.

18.7. Within ten Working Days of receiving Your request for a Review, the Reviewer must:

18.7.1. Consider Your request for a Review and determine whether there is a prima facie case for a Review and whether the request was made within the time-limit, and if there is a prima facie case and the request was not made within the time-limit, whether there are exceptional reasons for it to be accepted; and

18.7.2. write to You and either (a) confirm that the Reviewer will convene a Review Panel or (b) notify You that Your request for a Review has been dismissed.

18.8. If Your request for a Review is dismissed, the College’s procedures are complete.

18.9. If Your request for a Review is dismissed and You are a Junior Member:

18.9.1. The Reviewer must inform the OIA Point of Contact or OIA Point of Contact Delegate so that a Completion of Procedures letter can be issued to the Complainant. If the OIA Point of Contact was the object of the Complaint, the Completion of Procedures letter will be issued by the OIA Point of Contact Delegate.

18.9.2. If You remain dissatisfied once the College’s procedures are complete, You may apply to the Office of the Independent Adjudicator for Higher Education (see http://www.oiahe.org.uk/). The Senior Tutor must make available the forms and accompanying guidance notes at Your request.

18.10. If Your request for a Review is not dismissed the Reviewer must convene a Review Panel which must then meet as often as necessary to complete the Review. The Review Panel must aim to complete the Review within ten working days and must ensure that You and the Respondent are kept informed if for any reason the Review will take longer.

18.10.1. In undertaking the Review, the Review Panel must consider the documents set out in paragraph 18.10.2 without holding any hearing and on that basis decide whether to uphold, partially uphold or dismiss the Review.

18.10.2. The documents to be considered by the Review Panel pursuant to paragraph 18.10.1 above are the following:

18.10.2.1. Your Formal Complaint;

18.10.2.2. the report and other material submitted by the Investigator to the Relevant College Officer under paragraph 17.9.9 above;

18.10.2.3. the written decision that You received from the Relevant College Officer under paragraph 17.10.4.1 above; and

18.10.2.4. the request for a Review that You sent to the Reviewer under paragraph 18.4 above.

18.11. If the Review Panel decides to uphold or partially uphold the Review, it must decide what action is to be taken in response.

18.12. Within five working days after the Review Panel has made its decisions the Reviewer must write to You to notify You of those decisions and of the reasons for them.

18.13. If the Reviewer has notified You of the Review Panel’s decisions, the College’s procedures are complete. If You are a Junior Member, paragraphs 18.9.1. and 18.9.2 apply.