Trinity Laban defines harassment in a number of ways, guided by the definitions set out in Condition E6 by our regulator, the Office for Students.
Harassment: A person harasses another person if they engage in unwanted conduct related to a relevant protected characteristic and the conduct has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. The relevant protected characteristics are:
a) age
b) disability
c) gender reassignment
f) race
g) religion or belief
h) sex
i) sexual orientation
Bullying: A person bullies another person if they engage in unwanted conduct and the conduct has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. Bullying is a type of harassment where the behaviour does not specifically relate to a relevant protected characteristic.
Sexual Harassment: A person harasses another person if they engage in unwanted conduct of a sexual nature and the conduct has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
Unfavourable treatment after unwanted conduct: A person harasses another person if they engage in unwanted conduct of a sexual nature or that is related to gender reassignment or sex and the conduct has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person and because of that person’s rejection or submission to the conduct, the person who engaged in the unwanted conduct treats the other person less favourably than if they had not rejected or submitted to the conduct.
Harassment by Course of Conduct: A person harasses another person if they pursue a course of conduct which amounts to harassment of another, and which they know or ought to know amounts to harassment of the other. In these circumstances, a ‘course of conduct’ must involve conduct on at least two occasions in relation to that person and conduct includes speech.
Harassment by Course of Conduct (Multiple): A person harasses another person if they pursue a course of conduct which involves harassment of two or more persons, and which they know or ought to know involves harassment of those persons, and by which they intend to persuade any person (whether or not one of those mentioned above) not to do something that they are entitled or required to do, or to do something that they are not under any obligation to do. In these circumstances a ‘course of conduct’ must involve conduct on at least one occasion in relation to each of those persons and conduct includes speech.
Harassment involving others: For the purposes of the categories under Harassment by Course of Conduct, a person’s conduct on any occasion shall be taken, if aided, abetted, counselled or procured by another
a) to be conduct on that occasion of the other (as well as the conduct of the person whose conduct it is), and
b) to be conduct in relation to which the other’s knowledge and purpose, and what they ought to have known, are the same as they were in relation to what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring.
You can find the full list of definitions we use by visiting our Trinity Laban Harassment & Sexual Misconduct Policy. This policy includes the tests which need to be met for any category of harassment to be upheld.
The Trinity Laban Harassment & Sexual Misconduct Policy also includes important information about Trinity Laban's duty to promote Freedom of Speech and how that interacts with considering allegations of harassment.
If you need help understanding whether unwanted behaviour you have experienced or witnessed meets the bar for harassment, you may contact a relevant person from our List of Advisors.
You may also view Trinity Laban's Single Comprehensive Source of Information which sets out how we prevent and respond to incidents of Harassment and Sexual Misconduct. The SCSI is the authoritative source of information.