Bullying
There is no legal definition of bullying, but it can be described as offensive, intimidating, malicious or insulting behaviour directed towards a person or a group which creates an intimidating, hostile or offensive environment for that person or persons. It may be an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient(s). Bullying can hurt the other person emotionally or physically.
The ACAS website has examples of bullying at work.
Harassment
Harassment is defined in the Equality Act (2010) as any unwanted conduct (including of a sexual nature) related to someone’s relevant protected characteristic, which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment towards that person. Relevant protected characteristics refer to a person’s gender, sexual orientation, race, religion or belief, disability, marriage and civil partnership, pregnancy and maternity/paternity, or age.
In deciding whether conduct has the effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment towards that person, it is necessary to take into account: the perception of the person who is at the receiving end of the conduct; the other circumstances of the case; and whether it is reasonable for the conduct to have that effect.
Harassment is also defined in the Protection from Harassment Act (1997) as a course of conduct which alarms another person or causes them distress. This does not need to be related to a protected characteristic. If the harassment is towards one person, the conduct needs to happen on at least two occasions. 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 needs to happen.
The RCA has a webpage which explains how harassment and sexual misconduct are not tolerated at the RCA, and what action you can take if you experience or witness these unacceptable behaviours. The page includes links to staff and student policies and procedures.
Please also refer to the separate Report + Support page on Sexual Harassment
Action which fails to respect the lawful rights of others to freedom of belief or freedom of speech:
The College is legally required to have particular regard to, and place significant weight on, the importance of freedom of speech within the law, academic freedom and tolerance for controversial views in an educational context or environment, including in premises and situations where educational services, events and debates take place. The College applies a rebuttable presumption that where a student is exposed to any of the following, this is unlikely to amount to harassment:
- the content of higher education course materials, including but not limited to books, videos, sound recordings, and pictures
- 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.