Inclusion and Respectful Behaviour Policy

Policy Intent

The University of Southampton is committed to creating an inclusive university community where everyone feels that they belong, which is free from bullying, harassment and discrimination. This policy sets out the framework to deliver this commitment, including:

• How the University aims to promote equality of opportunity and prevent discrimination, harassment and victimisation.
• What the University community will do to make sure everyone feels that they belong.
• The respectful behaviour that the University expects of every member of its community, and that we can expect of each other.
• The support the University will make available and the steps to follow when someone witnesses or experiences bullying, harassment or discrimination.
• How the University will hold itself and its members accountable for this policy.

This policy applies to all students, staff and individuals working for or with the University. Where stated, parts of this policy also apply to applicants to study or work at the University, and members of the public when they visit or access services provided by the University.

The University aims to apply the principles of this policy throughout its global operations. Where this policy conflicts with local customs or the law of a non-UK jurisdiction, the University will take all reasonable and lawful steps to uphold its values and the principles of this policy.

Legislation

This policy is informed and underpinned by a wide range of legislation, and will always have regard to current legislation and best practice including the following:

Contents

1. Our commitment to you
   Summarises the University’s aspirations to create an inclusive environment for everyone.
2. Our expectations of you
   Sets out how you, as an individual, and collectively with other members of our community, can help to deliver the University’s aspirations for an inclusive community for all.
3. Definitions and policy scope
   Defines who this policy applies to, the terms that the University uses to describe different behaviours and actions under this policy, and important concepts that support the delivery of this policy.
4. Meeting your needs
   Explains the specific ways that the University aims to meet your needs because of a Recognised Characteristic. Including: reasonable adjustments for a disability or health condition; time off study or work; designated spaces for your protection, prayer and reflection, and for children; accommodating different food, drink and clothing needs; and recognising your gender identity and supporting a process of gender reassignment.
5. Dealing with Unfair Treatment
   Outlines how and where you can find support if you experience Unfair Treatment, and how we seek to address reports of Unfair Treatment.
6. Preventing Discrimination
   Outlines our commitment to making everyone aware of their responsibilities under this policy, and the processes we will use to make informed decisions that avoid or mitigate against Indirect Discrimination.
7. Measuring our progress
   How we collect and use data to monitor compliance with this policy and our progress towards an inclusive university community.
8. Compliance with this policy
   Signposts the formal processes that will be used to investigate and uphold an alleged breach of this policy.

University policy

1. Our commitment to you

1.1 The University of Southampton is committed to creating an inclusive university community where equality, diversity and inclusion is seen as a major benefit. We want equality, diversity and inclusion to be embedded in all areas of our education, work, services and knowledge exchange, and in the way that we make decisions.

1.2 As a member of the University, an applicant, or someone visiting our campuses or using our services, you should feel:

• welcomed for who you are
• free to express your identity, ideas and opinions
• able to influence the way we do things, now and in the future
• included and supported
• that you belong here

You are a member of a community that should collectively:

• create space and time to engage, listen and learn from each other,
• proactively seek to understand the impact of our actions, decisions and behaviours, and
• engage with each other with mutual respect.

1.3 The University has policies and processes that support this commitment, set out in the sections below:

• 4. Meeting your Needs
• 5. Dealing with Unfair Treatment
• 6. Preventing Discrimination

We will make this commitment clear to all members of our community and the public, and hold ourselves accountable by Measuring our Progress.

1.4 The University's Charter sets our our legal duties to promote equality of opportunity, prevent discrimination and protect academic freedom. The University has further commitments under the Public Sector Equality Duty, the Prevent Duty, and the Higher Education (Freedom of Speech) Act. We aim to balance these duties, so that everyone feels they can join challenging and respectful debate, question and test received wisdom, and put forward new ideas and controversial or unpopular opinions, while keeping everyone safe from harm.

2. Our expectations of you

2.1 As a member of the University, you will be accountable for your actions, behaviours and decisions. You will understand and carry out your responsibilities, as set out in the Responsibilities section of this policy.

2.2 The University's Student Charter complements this policy. It sets out the expectations, rights and responsibilities of students and staff and how we work together as members of the University’s community.

2.3 You will treat everyone with respect and fairness while engaging with other members of the University or representing the University externally. This means that you:

• Recognise and respect difference, in terms of someone's Recognised Characteristics, background, experience, needs or opinions.
• Engage respectfully with views and opinions different from your own, and think about when and how to share ideas that could be harmful or disrespectful to other people.
• Take appropriate action (see 5. Dealing with Unfair Treatment) when someone (including yourself) does not meet these expectations.

2.4 You should tell someone if you experience or witness Unfair Treatment (see Responsibilities). If someone else tells you about Unfair Treatment, then you will listen respectfully and take appropriate action. The University has processes for reporting and Dealing with Unfair Treatment.

3. Definitions and policy scope

3.1 This policy applies to all students, staff and individuals working for or with the University. These groups are referred to collectively as the “members of the University”. For the purpose of this policy only:

“students” means undergraduate, postgraduate, foundation year, pre-sessional and summer school students, students on placement, students on distance learning programmes and visiting students including exchange students.

“staff” means all officers and employees whether full- or part-time with open-ended or fixed-term contracts. 

“individuals working for or with the University” means all consultants and casual workers including those appointed through UniWorkforce, agency workers, volunteers, individuals with visitor status, all external members of the University's Council and its committees, external examiners, exam invigilators, clients, contractors, project partners, honorary staff and Emeritus Professors/Fellows (this list is non-exhaustive).

3.2 This policy applies to members of the University wherever they are involved with work or activities connected with their enrolment, employment or engagement with the University. This includes but is not limited to conferences and sporting events, placements, field trips, social and sporting events, in shared accommodation, and any interactions via online platforms in connection with University of Southampton activities.

3.3 Where stated, this policy also applies to applicants and members of the public. For the purpose of this policy only:

“applicants” means anyone in the process of applying to join the University as a student, staff, UniWorkforce worker or a member of the University’s Council.

“members of the public” means anyone who is visiting our campuses or using the services or online spaces we make available to the public.

3.4 Recognised Characteristics

3.4.1 The University is committed to creating an inclusive environment where the following “Recognised Characteristics” are all valued equally. Through this policy, we aim to promote equality of opportunity, foster good relations and prevent Unfair Treatment for them all.

3.4.2 The University further aims to prevent Bullying, Harassment and Victimisation for students in relation to their Level of Study, and for staff and individuals working for or with the University in relation to their:

• Contractual Terms:
   
  • fixed term, open-ended or casual worker
  • full- or part-time
  • job family, level and pathway
• Trade Union membership: 
   
  • including representatives and caseworkers

3.4.3 Nothing in this policy will take away from an individual’s legal rights. The Equality Act 2010 directly applies to the “Protected Characteristics” marked [PC] above, while other Recognised Characteristics may have indirect or partial legal protection in Common Law. The University aims to recognise and protect all Recognised Characteristics equally in the application of our policies and procedures, and in the services that we offer and provide, as far as is possible within the law.

3.5 Unfair Treatment

3.5.1 In this policy, Unfair Treatment means Discrimination, Harassment, Bullying, Sexual Misconduct, Victimisation and Hate Incidents. The University will not tolerate Unfair Treatment as defined in this policy wherever it occurs, including online (see 3.2). You should report all suspected cases that you experience or witness (see 5. Dealing with Unfair Treatment).

3.5.2 Fair and reasonable supervision (including student projects and postgraduate study) and line management, including but not limited to the application of performance management and disciplinary procedures, is not Unfair Treatment. However, if such action is found not to be fair and reasonable, or targets people who share a Recognised Characteristic, then it could be Unfair Treatment and will not be tolerated.

3.5.3 Discrimination means treating someone less favourably because of the Recognised Characteristics they have or they are assumed to have, or because of the Recognised Characteristics of someone they associate with. Indirect Discrimination is where a policy, practice or decision applies to everyone in the same way that results in less favourable treatment for a group of people who share a Recognised Characteristic. The University is committed to Preventing Discrimination, even where it favours someone from a minority group unless it is a reasonable way of achieving or promoting equality of opportunity. In cases of Indirect Discrimination, the University may justify its decision if it is proportionate to achieving a legitimate aim.

3.5.4 Harassment is unwanted conduct that is intimidating, hostile, degrading, humiliating or offensive to someone or a group of people that is related to a Recognised Characteristic they have or are assumed to have. Any unwanted behaviour may also be Harassment when it is not related to a Recognised Characteristic, especially if it is repeated.

3.5.5 Bullying is unwanted behaviour from a person or group that is offensive, intimidating, malicious or insulting, or behaviour that abuses or misuses power to undermine, humiliate, or cause physical or emotional harm to someone. Bullying does not have to be connected with any Recognised Characteristic. It may not always be obvious or noticed by others. It's possible someone might not know their behaviour is bullying. It can still be bullying even if they do not realise it or do not intend to bully someone.

3.5.6 Sexual Misconduct is any conduct that includes (but not limited to) harassment, unwanted sexual advances, assault, rape, intimidation and/or promising benefits in return for sexual favours or the distribution of private or personal explicit material of individuals without their consent.

3.5.7 Victimisation means someone is threatened with or experiences disadvantage because they are involved in dealing with Unfair Treatment. This includes making, intending to make or being assumed to have made a report or allegation of Unfair Treatment, and giving support, evidence or information on someone else’s case.

3.5.8 Hate Incidents are violent or hostile acts directed at someone because of a disability, race, religion, sexual orientation or trans identity. If the act is a criminal offence, then it is a Hate Crime. Whether an act is a hate incident depends on the motivation of the person who commits the act, regardless of the victim’s actual identity. Someone can also be a victim of a hate incident because they are associated with the target.

3.5.9 To support the application of this policy for specific groups of people who share a Recognised Characteristic, the University may adopt additional definitions of Specified Unfair Treatment. These definitions will be published with this policy and will be consulted as part of the processes and procedures outlined in 5. Dealing with Unfair Treatment. Definitions of Specified Unfair Treatment will only be adopted or amended following proper consideration of the University’s legal duties (see 1.4), consultation with our community (including the Students’ Union and our recognised Trade Unions) and relevant organisations of good standing.

3.6 Concepts that affect inclusion and respectful behaviour

3.6.1 Alongside the University’s legal duties (see 1.4) and the definitions set out above, the University recognises that the following concepts have an effect on inclusion and respectful behaviour. Understanding of these concepts will guide the way we make decisions, apply our policies and investigate reports of Unfair Treatment.

3.6.2 Freedom of Speech and Academic Freedom: the freedom to express ideas, opinions and information, question and test received wisdom and put forward new ideas and controversial or unpopular opinions is essential to the aims of higher education. As long as that expression is made in a lawful way, freedom of speech and academic freedom should be encouraged.

3.6.3 Power Dynamic: where someone has some control over another person’s wellbeing or success, there is a greater risk of victimisation. This usually follows the supervisory or line management relationship, which makes it difficult for someone to challenge Unfair Treatment, but this is not always the case.

3.6.4 Privilege: the relative advantage that someone may experience compared to others because of their different Recognised Characteristics.

3.6.5 Positive Action: promoting equality of opportunity by providing additional support and encouragement to people whose Recognised Characteristics are under-represented.

3.6.6 Intersectionality: every individual’s experience is shaped by their specific combination of Recognised Characteristics.

3.6.7 Institutional Discrimination: the combined effect of organisational culture and expectations that, while maybe intended to be neutral or positive, result in less favourable treatment and experiences for people who share specific Recognised Characteristics.

4. Meeting your needs

4.1 The University recognises that everyone has different needs because of their Recognised Characteristics.

4.2 The University aims to make access to our campuses, buildings, online spaces and services equally safe and seamless for everyone. We will carry out an Equality Impact Assessment of any proposal to create or change our physical and virtual spaces and services (see 6. Preventing Discrimination). If we are unable to meet this aim in a specific case, then we will do what is lawfully reasonable and record the reasons for this.

4.3 The University respects your right to determine and express your own identity. This includes disability, gender identity, religion, racial and cultural heritage, sexual orientation, and diet. You should feel supported to express your identity appropriately, while being respectful to others and maintaining the health and safety of everyone. 

4.4 Reasonable adjustments for disability, health conditions and other impairments

4.4.1 The University community will listen when disabled people talk about their needs, and the University aims to design its campuses, services, and teaching and learning to be accessible for everyone. We recognise that everyone’s experience of disability, health conditions and other impairments is different.

4.4.2 As an applicant or member of the University, we will ask you about your needs at appropriate points throughout your time with us. Everyone (including members of the public) will have the opportunity to make their needs known when accessing one of our processes or services. We recognise that your needs may change throughout your time with us, and you should tell us when your needs change so we can best support you.

4.4.3 When considering a reasonable adjustment for a disability, health condition or other impairment under the Equality Act 2010, we will discuss a range of options with you and aim to find a mutual agreement on the most appropriate and reasonable support to meet your needs. If we consider a particular adjustment is not reasonable, then we will explain why and work with you to find another way to meet your needs. 

4.4.4 We provide guidance for making adjustments for students and for staff, including specific guidance on Inclusive Teaching Practice and Accessibility. The Student Disability and Inclusion Policy gives more detail on our support for students, including Disabled Students’ Allowance.

4.4.5 For staff and individuals working for or with the University, your line manager will make sure that the reasonable adjustments you have agreed are put in place. Support is available from Human Resources and Occupational Health for all stages of providing reasonable adjustments. With your agreement, the University will consider the advice and recommendations of an independent needs assessment or relevant organisation where appropriate.

4.4.6 Where reasonable adjustments are agreed and not put in place in good time, or they are not maintained without appropriate consultation with you, then this could amount to a breach of policy (see 8. Compliance with this policy).

4.5 Time off

4.5.1 The University aims to support you if you need time off in relation to a Recognised Characteristic. Your tutor, supervisor or line manager will work with you to apply the available policies and regulations:

• Students should refer to the Attendance and Completion of Programme Requirements, Transfer, Suspension and Termination Regulations and Code of Practice for Research Degrees.
• Staff should refer to the policies for Annual Leave, Compassionate and Domestic Leave, Extended Carers’ Leave, Adoption, Maternity, Parental and Paternity Leave, and Managing Sickness Absence and Ill Health.

4.5.2 The University is a secular organisation and aims to recognise and support all religions and faiths equally. For practical reasons, our standard week is Monday to Friday, and term dates and closure days are planned around UK public holidays. We recognise this follows the Christian calendar and may not meet everyone’s needs. While we cannot amend these dates, we will support you to apply the policies set out in 4.5.1 to take reasonable time off to observe your religion.

4.6 Designated spaces

4.6.1 The University's campuses and buildings should be a safe space for everyone. If you feel vulnerable for any reason while on one of our campuses, you can find refuge with supportive staff in a Safe Space. These spaces are advertised on campus and online. You can always seek support from Campus Security.

4.6.2 Every University campus has at least one room designated for prayer and reflection. Highfield Campus hosts the Faith and Reflection Centre, a multifaith facility with many different faith advisors. These facilities may feature objects, decorations and writings that represent and celebrate a range of different faiths, while maintaining the commitment set out in this policy to an inclusive university community where everyone feels that they belong. The University will not tolerate objects, writings, practices or preaching in University spaces that meet the definition of Unfair Treatment in this policy.

4.6.3 The University aims to make all its public spaces child friendly, and our catering outlets are breastfeeding friendly. We provide private spaces suitable for breastfeeding, expressing milk (including secure chilled storage) and resting during pregnancy. Any other space that is not accessible to the public may not be suitable for children (see the Children and Young People in the Workplace Policy).

4.6.4 You should feel safe accessing University spaces designated for the use of the gender that aligns with your Gender Identity. The University aims to provide gender neutral spaces and facilities wherever possible.

4.6.5 The University aims to have quiet places on its campuses if you need to take time away from sensory stimulation.

4.7 Food and drink

Wherever the University provides or offers food and drink, there will be options that do not include meat, dairy or alcohol. Items will be clearly labelled to show what does and does not include these ingredients.

4.8 Clothing

The University may require you to wear a uniform, sports kit, or specific clothing for reasons of health and safety. Where we provide or make this clothing available, we will ensure that that this fits you properly. For all clothing requirements, we aim to offer an option or make adjustments that meets your needs because of a Recognised Characteristic.

4.9 Gender Identity and Gender Reassignment

4.9.1 The University is committed to recognising, supporting and protecting Gender Identity as one of our Recognised Characteristics. You should feel supported to use your preferred name and access appropriate gender segregated spaces when you are on campus or accessing our services online (see 4.6.4).

4.9.2 The University has processes in place for students and staff to update their records with a different name, sex and gender identity by self-service wherever possible.

4.9.3 We will only ask you for supporting evidence where this is fair and reasonable. We understand that our records could be used as evidence of lived experience to support an application for a Gender Recognition Certificate. The University will never ask to see a Gender Recognition Certificate and will only ask to see identity documents to confirm a change of name or legal sex when legally required.

4.9.4 Students and staff intending to or currently undergoing a process of Gender Reassignment are encouraged to speak to the Student Hub or Employee Relations for support. They will work with you to agree when and how:

• records are updated while maintaining confidentiality
• time off for appointments will be managed (if that is what you need)
• peers and colleagues are informed of the change (if that is what you want)
• training might be offered to peers and colleagues so they can better support you (if that is what you want)

5. Dealing with Unfair Treatment

5.1 The University is committed to dealing with Unfair Treatment. If you experience or witness Unfair Treatment, then you should report it. The University wants to make sure you get the support you need, and that reports are recorded so we can monitor how often, where and the kind of Unfair Treatment that takes place.

5.1.1 If you experience or witness Unfair Treatment, then you should tell someone as soon as possible:

5.3 Report and Support

5.3.1 Members of the University who experience or witness Unfair Treatment can access the support they need through Report and Support. You are encouraged to report Unfair Treatment, but you do not have to make a report to access support. Report and Support will direct you to the guidance and support appropriate to your case, and support you to take further steps if you want to.

5.3.2 All reports are confidential. Each report is reviewed by a member of the Tackling Harassment Team for students or Employee Relations for staff to decide what further action is needed.

5.3.3 If you make an anonymous report, then this will improve our understanding of Unfair Treatment in the University, but we will not be able to take further action specific to your case. If we find a pattern in the location or nature of Unfair Treatment reported anonymously, then we will consider taking appropriate action to prevent similar cases happening again.

5.3.4 If you make a named report, then your case will be assigned to an adviser. They will contact you to discuss your case, find the right support for you, and help you to decide what you want to do next.

5.4 Responding to and investigating Unfair Treatment

5.4.1 The University encourages all its members to be active bystanders. If you witness Unfair Treatment or someone tells you about it, then you should:

• listen to them respectfully and sensitively
• avoid making judgements or assumptions about their experience
• make sure that they are supported

5.4.2 If you are not comfortable dealing with Unfair Treatment at the time, then you should find someone who can provide support or use Report and Support. Make sure that the person who told you about Unfair Treatment is satisfied with the outcome or knows what should happen next.

5.4.3 The University will aim to resdeaolve reports of Unfair Treatment informally and in good time. In most cases, this will result in the best outcome for everyone involved. Otherwise, cases will be referred to the appropriate University procedure or regulation (see 8. Compliance with this policy).

5.4.4 When responding to a report of Unfair Treatment, the University will consider how our legal duties and other policies may apply, including the Personal Relationships Policy, Code of Practice to Secure Freedom of Speech Within the Law, and Whistleblowing Policy.

5.4.5 When a line manager witnesses Unfair Treatment by a member of their staff, the University expects them to act promptly and appropriately starting with informal action as set out in the University’s Disciplinary Procedure.

6. Preventing Discrimination

6.1 The University will support members of our community to understand and apply this policy. We will offer training, guidance and advice on best practice that will promote equality of opportunity and prevent the potential for Unfair Treatment.

7. Measuring our progress

7.1 The University will measure, update and publish its equality objectives at least every four years. These objectives will set out how we will meet the Public Sector Equality Duty, and how we will plan to deliver on our commitment to create an inclusive university community where everyone feels that they belong.

8. Compliance with this policy

8.1 Members of the University, applicants and members of the public reporting non-compliance with this policy should follow the steps set out in 5. Dealing with Unfair Treatment. This section specifies which of the University’s formal policies, regulations and procedures will apply after following the steps set out in 5. Dealing with Unfair Treatment.

8.2 Procedures for reporting and investigating non-compliance with this policy

Responsibilities

All members of the University

You are responsible for knowing how this policy applies to you. You should pay particular attention to 2. Our Expectations of You. If you are representing the University off-campus (including online meetings, social media, or taking part in a public engagement or student-led activity or sport), you should consider how any action you take will reflect on the reputation of the University and the commitments set out in this policy.

Line managers, teaching staff (including Personal Academic Tutors, PhD supervisors, examiners and postgraduate demonstrators), principal investigators, and service providing staff

As someone in a position of trust and responsibility to other students, other staff and individuals working for or with the University, the University relies on you to provide the support set out in this policy and to take appropriate action if are told about or witness any Unfair Treatment. The University will provide you with support, guidance and training to enable you to do this.

University Council

As the accountable body for the University, Council will set the University’s equality objectives, and receive and respond to annual reports on our progress against those objectives and our work to uphold the Public Sector Equality Duty.

Executive leaders of the University

As the executive leaders of the University, the President and Vice Chancellor, Vice-Presidents, Deans, and Executive Directors will be accountable for ensuring that the University monitors and meets the requirements set out in this policy through their day-to-day activities, decisions, policies, processes and regulations. They will be responsible for delivering the equality objectives set by Council and reporting on our progress to Council.

Equality, Diversity and Inclusion Committee

This committee will support the University’s executive leaders to deliver its duties by proactively evaluating our progress against the equality objectives set by Council and the aims of the Public Sector Equality Duty, and proposing or supporting new policies, regulations and interventions that will deliver those objectives.