This webpage is the 'single comprehensive source of information' required by the Office for Students (OfS registration condition E6).
BNU Registered Students: Student Code of Conduct and Disciplinary Procedure
1.0 Introduction
BCNO is committed to providing a safe, respectful, and inclusive environment for all students, patients, employees, contractors, visitors and other workers. There is a zero tolerance approach to sexual misconduct, harassment, bullying, discrimination and any behaviour that creates a hostile learning, clinical or working environment. BCNO will take prompt, fair, and effective measures to investigate and address any reported complaints, while safeguarding the rights and wellbeing of both complainants and respondents.
From 01 August 2025, Condition E6: Harassment and Sexual Misconduct of the Office for Students (“OfS”) regulatory framework comes into force. This policy supports BCNO’s regulatory obligations to comply with this Condition together with its moral obligations and seeks to demonstrate in detail how we will comply.
2.0 Purpose
This policy aims to:
- Set clear behavioural expectations and responsibilities
- Provide a transparent, consistent process for reporting and responding to misconduct
- Promote awareness to prevent discrimination and harassment
- Encourage disclosure through a respectful and supportive culture
- Outline steps for addressing breaches of this policy
- Be reviewed annually for ongoing improvement
3.0 Scope
This policy applies to:
- Staff (permanent, fixed term, and temporary) and Faculty
- Students (including short-course and off-site learners)
- Agency workers, contractors, and honorary appointments
- Volunteers, visitors, patients, and service providers engaged in BCNO activity
This policy's requirements apply to on-campus and off-campus settings, whether related to student education, employment, or BCNO social activities or events.
The policy does not preclude individuals from seeking recourse through criminal or civil proceedings. Incidents of harassment, discrimination, and sexual misconduct are not limited to in-person incidents. This policy includes incidents through any medium, such as online, by email and/or any form of social media.
4.0 Timescales
BCNO normally expects allegations of sexual misconduct, harassment and/or discrimination to be disclosed within 3 months of the incident occurring to allow for an effective investigation to occur.
However, BCNO recognises there will be circumstances when reports may occur after this time. BCNO will take the disclosure seriously and, where possible, obtain the relevant information to determine an appropriate response. If a report is historical, individuals are encouraged to report so that BCNO can identify behaviour patterns that need to be addressed.
When disclosures are made that fall within the scope of this policy, they will be dealt with in a timely manner, normally within 60 days.
Where it is necessary for the matter to be reported to BCNO’s Fitness to Practise Procedure or disciplinary procedures, the timelines set out therein will apply as is reasonable and possible. If for any reason the timelines cannot be met those involved will be informed as soon as possible.
5.0 Legislation
The main pieces of legislation which protect people against sexual harassment are:
- The Equality Act 2010
- The Worker Protection (Amendment of Equality Act 2010) Act 2023
- The Protection from Harassment Act 1997
- The Sexual Offences Act 2003
6.0 Definitions
6.1 Examples of Harassment and Misconduct of a Sexual Nature
This may include, but is not limited to:
- Sexual comments, jokes, or innuendos
- Display of sexually explicit images (e.g. posters, screensavers)
- Suggestive looks, staring, or leering
- Sexual advances or propositions
- Promises or threats linked to sexual favours
- Sexual gestures
- Intrusive questions about a person’s private or sex life
- Sexually explicit social media messages, emails, or texts
- Spreading sexual rumours
- Unwanted touching, hugging, kissing, or massaging
More detailed examples are included within Appendix 2.
6.2 Who can experience or commit harassment and/or sexual misconduct
Sexual misconduct and/or harassment can happen to, or be carried out by:
- People of any gender identity or sexual orientation
- People of the same or different sex
- Individuals in any role within or connected to the BCNO
6.3 Consequences
Sexual misconduct and/or harassment is considered serious misconduct and may result in:
- Dismissal for employees
- Expulsion for students
- Withdrawal of services or contracts for non-staff
7.0 Associated Policies
This policy should be read in conjunction with the following policies and procedures:
- Dignity At Work Policy
- Code of Conduct Policy
- Grievance Policy
- Disciplinary Policy
- Safeguarding Policy
- Fitness to Practise Policy
- Professional Practice Handbook
- Student Code of Conduct and Disciplinary
- Social Media Policy
- Support for Study
8.0 Confidentiality
Confidentiality is a key principle in creating a culture where those affected can feel safe to make a disclosure. BCNO will take all reasonable steps to protect the confidentiality and privacy of those who make a disclosure falling within the scope of this policy. However, there may be circumstances where BCNO need to share information with other agencies in order to protect an individual at risk.
BCNO may be required to break confidentiality and share information internally or with external agencies if:
- the person is under the age of 18 years who has experiences or is at risk of significant harm, or
- information is provided about a child or young person under 18 who has experienced or is at risk of significant harm, or
- the person is a vulnerable adult as set out in the BCNO Safeguarding policy who has experienced or is at risk of significant harm, or
- information is provided about a person who may be a vulnerable adult who has experience or is at risk of significant harm, or
- it is believed that there is a risk of significant harm occurring to any individual or
- it is believed that there is a risk to the public, or
- the disclosure is otherwise required by or in accordance with BCNO duties and obligations under the data protection law.
There may be times when BCNO needs to share certain information internally in accordance with the Data Protection Policy. This could include, but is not limited to:
- Preventing or detecting criminal behaviours or misconduct
- Ensuring appropriate information about support services is passed on
- Data collection
- Managing conflicts of interest
- Seeking advice from other departments or partners
- Protecting others
Records of any disclosure made under this policy and any subsequent investigation and/or action will be held under the BCNO duties and obligations under the data protection law.
9.0 Responsibilities
All employees, students, contractors and other workers have the following responsibilities. These are:
- To understand the policy and recognise inappropriate behaviours.
- Observe behaviours/reactions to identify harassment.
- Ensure own behaviour meets the expected standards of behaviour as set out in the Code of Conduct policy.
- Report unacceptable behaviour as soon as the person becomes aware of it.
- Support those subject to sexual misconduct and/or harassment.
- Attend any necessary training
In addition, all managers have the following responsibilities:
- To monitor behaviour within their team and among students
- To proactively address or report unacceptable behaviour (following the steps set out in section 11.0).
- To support anyone who makes a complaint of sexual misconduct.
The BCNO Board of Trustees have ultimate responsibility for and oversight of the BCNO approach to tackling sexual misconduct, harassment and/or discrimination. The Board will consider an annual report on these areas. The Senior Management Team (SMT) with the Board, will oversee the policies application and review its effectiveness.
10.0 Data Collection
BCNO will maintain annual statistics on disclosed incidents of sexual misconduct, harassment and/or discrimination for the purpose of education, training and reporting (internal and external). The statistics reported will not include identifying information.
Documentation will be kept in accordance with the BCNO’s Records Retention policy.
11.0 Prevention
All students and staff will undergo mandatory sexual misconduct education and training, along with safeguard training. The Student Welfare Officer will organise training for students, and HR will organise training for staff, which will be delivered to all new students and staff in semester one.
Staff and students will declare annually their understanding of the information of the single course and highlight if they require further training:
- Students will complete this declaration annually on re-enrolment, with the Registry overseeing the process and reporting to the Student Welfare Officer.
- Staff will declare annually through HR processes, with the HR manager overseeing the process and reporting to the Student Welfare Officer.
BCNO has a Professional Practice Handbook (PPH) that describes the behaviours and conduct expected of the BCNO community. As laid out in the HR Code of Conduct policy and PPH, BCNO has a zero-tolerance policy for intimate personal relationships between staff and students.
BCNO is committed to individuals' safety on campus with CCTV cameras in specific areas, and lighting and appropriate policies are in place. Due to the nature of the course, cameras and mobile phones are banned from practical classes and the clinic as per the PPH. BCNO will utilise newsletters to remind staff and students of various campaigns, education and policies.
12.0 How to Report Harassment and Sexual Misconduct
BCNO has a zero tolerance approach to all forms of sexual misconduct. BCNO openly encourages all students, patients, employees and other workers to report any incidences of sexual misconduct immediately.
Incidents can be reported anonymously through the Reporting Portal, verbally or in writing, and in terms of who to report the incident to, student can report to any member of staff. Staff can report to their line manager, HR or a member of the SMT, Staff who receive a disclosure of sexual misconduct affecting a student must refer the disclosure to a member of the Safeguarding team3 for further action.
When BCNO is made aware of an allegation a member of faculty will be appointed to support the affected individual and to ensure the individual is aware of options available. Reports will be acknowledged within 2 working days.
In terms of disclosing the allegation to the police and/or investigation under disciplinary procedures, as appropriate. The staff member allocated for support will ensure that the individual is not pressured to take one course of action over another.
Individuals who disclose having experienced sexual misconduct will be provided with appropriate support including counselling, occupational health, and regular HR check-ins and should contact the Student Welfare officer (natalie.pipe@bcnogroup.ac.uk). The Student Welfare Officer or other designated member of staff will be responsible for assisting the student to access relevant support services both internally and externally.
Students who disclose having experienced sexual misconduct have the right to determine what and how much they choose to share about their experience. Reports will be handled in strict confidence. Information will only be shared on a need-to-know basis to facilitate a fair investigation. Anonymous reports will be considered, though they may limit the ability to investigate fully.
No individual will face retaliation or disadvantage for raising a concern in good faith. Any attempt to victimise a reporter or witness will be treated as a disciplinary matter.
BCNO will not pressure any individual to make a formal disclosure if they do not wish to do so. The individual may wish to take an informal resolution, or request mediation if they are comfortable to do so.
BCNO will also support any individual against whom an allegation of sexual misconduct, or harassment. A member of staff will be allocated to support the individual.
BCNO may in some cases be required to take certain action without the individual's consent as set out above (see section 8), for example, where there are risks of significant harm. If this is the case the individual will be informed and supported unless it is not reasonable, possible or practicable.
BCNO recognises that sexual misconduct is a serious problem with significant impact on the individual and their family, friends and the wider community. Where an individual experiences any form of sexual misconduct, BCNO will support and work with the individual to identify and implement the appropriate terminology to refer to their experience as a matter of personal choice. Each individual will be treated with respect and with the understanding each person reacts differently to experiences and therefore, support and needs will vary.
BCNO recognises its important role in addressing sexual misconduct within the BCNO community. The approach used has, in part, been influenced by the Office for Students’ statement of expectations for preventing and addressing harassment and sexual misconduct in higher education. BCNO has strategic objectives in seeking to prevent sexual misconduct in our community.
- Prevent sexual misconduct from occurring
- Zero tolerance is clearly communicated to staff and students
- BCNO is committed to ongoing education, raising awareness and supporting initiatives to prevent sexual misconduct from occurring
- Respond to the needs of individuals who disclose sexual misconduct, whether personally or as a witness
- Disclosure will be treated with sensitivity and understanding
- Appropriate support will be provided to any individual who discloses an act of sexual misconduct
- Ensure those who have committed acts of sexual misconduct are held to account through BCNO Disciplinary procedures and/or Fitness to Practise, and for the criminal justice system, where appropriate
Any allegation of sexual misconduct against a student or staff member falling within the scope of this policy will be referred under BCNO's Fitness to Practise and/or Disciplinary procedures.
Those found to have committed an act of sexual misconduct may be subject to sanctions, including expulsion and for staff, sacking. A report to GOsC for students and staff where appropriate.
Necessary and proportionate precautionary action (includes suspension) may be undertaken against any individual accused of sexual misconduct.
Where an incident of sexual misconduct falling within the scope of this policy is reported to the police, BCNO will liaise with the relevant authorities as necessary to support the investigation. BCNO will not take any action that may prejudice or otherwise interfere with the criminal investigation process.
Save for any necessary precautionary and/or immediate action, BCNO may defer the conclusion of its investigation until the criminal process is completed. Where it Is concluded following an investigation that an incident of sexual misconduct has occurred, BCNO will review and consider if there were any reasonable steps that could have been taken to have prevented the incident. Following all investigations, a review will be conducted to ensure the process is working as it should.
BCNO understands that there may be times when there are overlapping internal investigations and police proceedings regarding an allegation of harassment or sexual misconduct. Please refer to the relevant disciplinary procedure.
Support can be found in Appendix 1 and in posters around the campuses. The academic team may utilise the Support for Study Policy for students to support them in their studies.
13.0 Harassment and/or discrimination
BCNO has zero tolerance approach to all forms of harassment and/or discrimination by students, staff, patients or third parties.
All BCNO community are expected to treat all members of the BCNO community with dignity, courtesy and respect regardless of any protected characteristic. Examples of unacceptable behaviours are found in Appendix 2.
This policy aims to ensure that staff and students can challenge behaviours that do not respect the rights, freedoms, and dignity of others and that individuals can disclose concerns without fear of victimisation. BCNO aims to ensure that a fair, constructive and consistent approach is taken when dealing with concerns and that issues are resolved fairly and promptly.
It is normally expected that an individual who is experiencing harassment will disclose the matter. However, others who may become aware of or harassment affecting a student may also make a report.
Failure by others to respond appropriately when they become aware of harassment affecting others may be regarded by BCNO as a failure to take reasonable steps to prevent this kind of behaviour. This may lead to disciplinary action as appropriate.
When BCNO receives a report of harassment and/or discrimination falling within the scope of this policy and the allegation is against a student, BCNO will endeavour, where possible, to resolve the matter informally at a local level under the Anti-Bullying policy.
If it is not possible to resolve informally or the matter is deemed serious the allegation will be referred for a formal investigation under the Student Code of Conduct, or if staff under Disciplinary procedure. Necessary and proportionate precautionary action (including suspension) under the Fitness to Practice policy may be used.
Students, staff, and third parties must be made aware that incidents of harassment, and discrimination will not be tolerated and may lead to sanction, including expulsion or sacking.
14.0 How to report harassment or discrimination
To decide if the behaviour is harassment and/or discrimination, consideration will be taken of:
- The individual (s) perception of the behaviour/conduct
- Other circumstances
- Whether it is reasonable or the behaviour/conduct to have the effect of harassment and/or discrimination
Students and staff are strongly encouraged to submit allegations of harassment and/or discrimination through the Reporting Portal. This enables disclosures to be made anonymously or by speaking to any member of staff. Members of staff who receive a report of harassment and/or discrimination must report it to the Student Welfare Officer (natalie.pipe@bcnogroup.ac.uk) or their designate.
Any individual who reports a disclosure of harassment and/or discrimination will be provided with appropriate support. Individuals who disclose harassment and/or discrimination have the right to determine how much they choose to share and BCNO will not pressure any individual to make a formal disclosure if they do not wish to do so.
In some cases, BCNO may be required to take certain action, for example, where there are significant concerns of harm to an individual. If this is necessary, the individual will be informed and supported unless it is not reasonable, possible or practical for BCNO to do so. BCNO will support any individual against whom an allegation of harassment and/or discrimination is made (see Appendix 1).
BCNO understands that there may be times when there are overlapping internal investigations and police proceedings regarding an allegation of harassment or sexual misconduct. Please refer to the relevant disciplinary procedure.
Support can be found in Appendix 1 and in posters around the campuses. The academic team may utilise the Support for Study Policy for students to support them in their studies.
If a complaint is found to be false, misleading, or in bad faith, action may be taken in accordance with the Staff Disciplinary Procedure and /or Student Disciplinary Procedure, as applicable. The fact that a complaint is not upheld by itself is not an indicator of any wrongdoing on the part of the Reporting party.
15.0 Confidentiality
All reports will be treated sensitively and in confidence and will be treated on a need-to- know basis to allow a fair process. Any data used for reports will be fully anonymised BCNO does not use any restrictive provisions in any contract formed or non-disclosure agreements.
16.0 Complaint over the Process and Appeal
If a student or staff member is dissatisfied with the outcome or conduct of a case, they may request an appeal under the Student Disciplinary Procedure.
16.1 Internal Appeal Process
Appeals may be submitted by the Reporting Party or the Reported Party. Appeals are considered only where:
- New evidence has emerged that could not reasonably have been provided earlier, and/or
- There has been a procedural error during the original process.
- Appeals must be submitted in writing to the Registry within 10 working days of the outcome, with relevant supporting documentation.
- A senior member of staff (not previously involved in the matter) will review the appeal and make a final decision.
16.2 Escalation
If dissatisfied with BCNO’s appeal outcome, students may escalate their case by:
- Completing a Request for Review Form within 10 working days of the University's response.
- Requesting the form from complaints@plymouth.ac.uk
- Reasonable adjustments to the submission process will be considered upon request.
16.3 What to Expect
- The University’s Complaints and Appeals Team will assess the request for review using their published criteria.
- A decision on whether to accept the request will be issued within 10 University working days.
- If accepted, the complaint returns to the Formal Stage for review by an uninvolved staff member.
- A second review of the same complaint is not permitted.
- Students may request a Completion of Procedures Letter within 10 working days of the final outcome
16.4 External Review: Office of the Independent Adjudicator (OIA)
If internal procedures have been exhausted and the student remains dissatisfied, they may refer the case to the OIA. This must be done within 12 months of the date on the Completion of Procedures Letter. Further information is available via the OIA.
Appendix 1 - Support Organisations
- Employee Assistance Programme
- Students: Health Assured
- Student Welfare Officer
- BCNO Safeguarding team
Police - Dial 999 in an emergency, or 101 for non-emergencies
Safeline - Preventing and surviving sexual abuse
Rape Crisis Centres - Local Centres for London and Kent Campus
BCOM London:
Solace - Free confidential advice and support for women in London affected by abuse
ESO Kent:
Beech House Sexual Assault Referral Centre
Free confidential support to people of all ages in Kent and Medway that have experience sexual assault or rape in their lifetime.
Respect – Providing help for domestic violence victims
National Domestic Violence Helpline – Freephone 24 hours and 7 days a week run by Refuge
Respect Men’s Advice Line - Supporting men affected by domestic abuse
NHS Sexual Assault Advice – Help after rape and sexual assault
Victim Support – Independent free confidential advice
Appendix 2 - Examples of Unacceptable Behaviour
Examples of unacceptable behaviour under this policy include but are not limited to:
- Shouting at, being sarcastic, ridiculing or demeaning others
- Repeatedly or deliberately ignoring individuals who are waiting to contribute to a meeting; continuously cutting people off whilst they are speaking; persistent aggressive questioning; wilfully being dismissive of someone or their suggestions
- Deliberately excluding someone from meetings, communications or social activity without a good reason
- Abuse of power - blaming another team member when something has gone wrong rather than taking responsibility
- Deliberately creating an environment where a team member is sidelined or has their responsibilities narrowed or limited
- Overbearing supervision and intimidating supervision
- Inappropriate or derogatory remarks about an individual's performance
- Allocating unreasonable workloads with unreasonable deadlines, that require excessive hours for a sustained period without support and adequate resources
- Physical or psychological threats
- ‘Grooming’ behaviour, for example making someone feel special by buying gifts then gradually manipulating them to carry out duties outside their remit
- Continued suggestions for social activity after it has been made clear that the suggestions are unwelcome
- Any unwanted sexual advances, sexual comments, or comments around someone's body or appearance, innuendos, wolf whistling, grouping, stalking, lifting clothing.
- Intentionally invading someone's personal space e.g. standing too close
- Touching someone without their consent, including kissing, grabbing, pinching, stroking and groping
- Sending material that is pornographic or that others may reasonably find offensive (taking into consideration, where relevant if materials are provided for academic content), including emails, texts, social media content, video clips and images sent by mobile phones or posted on the internet
- Making offensive jokes or derogatory or stereotypical remark, mocking, mimicking or belittling a person's protected characteristics
- Outing or threatening to put someone who is gay, bisexual, lesbian, non-binary or transgender
- Speculating or gossiping about someone's actual or perceived sexuality or gender identity
- Deliberately and persistently refusing to use someone's referred gendered pronoun or continuing to use their former name
- Practices that are potentially discriminatory and have the effect of excluding certain people.
- Racist behaviour which can include but is not limited to making racist jokes, name calling, making assumptions about someone based on their race or religion, racial harassment or racialised micro-aggressions
Version history
| Version Number | Date of revision | Reason for revision | Author/s | Download |
|---|---|---|---|---|
| 1.0 | July 2025 | New OfS Condition of Registration E6: Harassment and sexual misconduct; *supersedes Student Sexual Violence and Misconduct Policy | Principal |