Sexual Violence & Sexual Harassment Policy

Sexual Violence & Sexual Harassment Policy

POLICY AIM
This whole school policy aims to provide a practical guide to ensure that all staff know how to support young people who are affected by sexual violence and sexual harassment between children.

Principles
The principles which underpin this policy are largely covered in this document. Any repetition simply reflects the spirit of the guidance and mandate the school has in Keeping Children safe in the school and are stated below;

  • The school has a whole school approach to safeguarding which means that all school policies practices should be underpinned by these core values (which are stated below)
  • Sexual violence and sexual harassment can occur between two children of any age and sex from primary through to secondary stage and into colleges.
  • It can occur through a group of children sexually assaulting or sexually harassing a single child or group of
  • It can occur between teachers to teachers and/or teachers to students.
  • Sexual violence and sexual harassment exist on a continuum and may overlap; they can occur online and face to face (both physically and verbally) and are never
  • ‘It could happen here’. Gloryfield School makes reference to this statement but goes further to say ‘it does happen here’ and it is everyone’s responsibility to remain alert to the signs. Therefore, even if we do not have any reports of sexual harassment, violence or bullying we assume it is happening and we should consider and challenge the school culture
    • Do children feel safe to report it?
    • Do children understand how to report it?
    • Do children have enough suitable student voice to explain how they feel?
  • A child abusing another child may be a sign they have been abused themselves or a sign of wider issues (domestic or not) that require addressing within the culture of the school or
  • The school has ‘zero tolerance’ approach to behaviour around sexual violence and sexual harassment i.e. it will be taken seriously, ‘banter’ will always be challenged and reported and it will not be

The school’s role

  • To create a safe environment in which young people feel comfortable and know how to disclose issues which worry them including sexual violence and sexual harassment
  • To ensure all staff know how to manage a disclosure around sexual violence and sexual harassment
  • To ensure all staff are trained to be aware of the signs of abuse and neglect (including sexual violence and sexual harassment)
  • To provide education around safeguarding (including sexual violence and sexual harassment) which challenges everyday sexism and other protected characteristics.
  • To ensure children understand that the law is in place to protect rather than to criminalise them
  • To be proactive so that the school can work with statutory safeguarding partner

Definitions

Victim

The person who has disclosed that they have suffered sexual violence or sexual

harassment either on-line, off line or a combination of both

PerpetratorThe person who is likely to have committed sexual violence or sexual harassment
Between children (sometimes referred to as ‘Child on child’)Legally a child is anyone under the age of 18. However, Gloryfield School may have children who are over the age of 18. If sexual violence or sexual assault happens between peers but one is over the age of 18 and one is under the age of 18 (they could still be ‘peers’, in the same year group).
Outside schoolSexual violence and sexual harassment between children and/or staff could happen outside school. However, the victim and perpetrator could still be subject to support, intervention and possible disciplinary action because of the impact it will have within school
RapeA person (A) commits an offence of rape if: he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the  penetration and A does not reasonably believe that B consents
Assault by PenetrationA person (A) commits an offence if: s/he intentionally penetrates the vagina or anus of another person (B) with a part of her/his body or anything else, the penetration is sexual and B does not consent to the penetration and A does not reasonably believe that B Consents.
Sexual Assault

A person (A) commits an offence of sexual assault if: s/he intentionally touches another  person (B), the touching is sexual, B does not consent to the touching and A does not reasonably believe that B consents. (Schools should be aware that sexual assault covers a very wide range of behaviour so a single act of kissing someone without consent or touching someone’s bottom/breasts/genitalia without consent, can still

constitute sexual assault.)

Causing someone to engage in sexual activity without consentA person (A) commits an offence if: s/he intentionally causes another person (B) to engage in an activity, the activity is sexual, B does not consent to engaging in the activity, and A does not reasonably believe that B consents. (This could include forcing someone to strip, touch themselves sexually, or to engage in sexual activity with a third party.)
Consent

Consent is about having the freedom and capacity to choose. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice.

 

Note:
• a child under the age of 18 can never consent to any sexual activity

• the age of consent is 18

• Sexual intercourse without consent is rape.

Sexual harassment

Unwanted conduct of a “sexual nature” that can occur online and offline and both inside and outside of the school/college.

Sexual harassment is likely to: violate a child’s dignity, and/or make them feel intimidated, degraded or humiliated and/or create a hostile, offensive or sexualised        environment.

can include: • sexual comments, such as: telling sexual stories, making lewd comments, making sexual remarks about clothes and appearance and calling someone sexualised names; • sexual “jokes” or taunting; • physical behaviour, such as: deliberately brushing against someone, interfering with someone’s clothes (schools and colleges should be considering when any of this crosses a line into sexual violence – it is important to talk to and consider the experience of the victim) and displaying pictures, photos or drawings of a sexual nature; and • online sexual harassment. This may be

standalone, or part of a wider pattern of sexual harassment and/or sexual violence

Harmful sexual behaviour

Children’s sexual behaviour exists on a wide continuum, from normal and developmentally expected to inappropriate, problematic, abusive and violent.

HSB can occur online and/or face to face and can also occur simultaneously between the two.

Whole school approach to safeguardingSystems should be in place (and they should be well promoted, easily understood and easily accessible) for children and staff to confidently report abuse, sexual violence and      sexual harassment, knowing their concerns will be treated seriously, and that they can safely express their views and give feedback.
Zero toleranceAll staff must have a zero tolerance to any behaviour which could downplay behaviour between peers (and indeed, between staff or between staff and pupils) which could lead to a culture in which sexual violence or sexual harassment is condoned as ‘banter’, ‘just having a laugh’
Extra familial harmsIt is possible that someone affected by sexual violence or harassment could be suffering extra-familial harms. These take a variety of different forms and children can be vulnerable to multiple harms including (but not limited to), sexual exploitation, criminal exploitation, sexual abuse, serious youth violence and county lines
On-line and off- line

The school recognises

a)     The impact of on-line life on the attitudes of children and young people towards other children and how this can impact healthy relationships

b)     How successive lockdowns have exacerbated the influence of on-line life on children and young people

c)      On-line life impacts on the cultural norms in children and young person’s off-line life.

Staff should be aware it is more likely that girls will be the victims of sexual violence and sexual harassment and more likely it will be

Perpetrated by boys.

Almost a quarter (24%) of female students and 4% of male students at mixed-sex  schools have been subjected to unwanted physical touching of a sexual nature while at school.

What staff should be aware of

  1. They should ensure their behaviours in school set the right example so that they stand out as good role models. This means not only challenging and reporting inappropriate behaviour with pupils but also challenging and reporting inappropriate behaviour between staff (or staff to pupils). This is also explained in the staff code of
  2. They should be aware of the principles behind the school behaviour policies and what role they play in enacting these
  3. They should be aware of reasonable force, what it is, how it can be used to keep children and young people
  4. They should have a zero tolerance approach towards sexual violence and sexual harassment and should never see ‘banter’ or ‘just having a laugh’ as
  5. They should be aware of what child on child abuse is, causing someone to engage in sexual activity without consent, such as forcing to strip, touch themselves sexually or to engage in sexual activity with a third party is also abuse.
  6. Children subjected to sexual violence and sexual harassment are likely to
    1. Be less motivated and therefore attainment in class will suffer
    2. Change in mood
    3. Change in physical appearance
    4. Change in friendship groups
    5. Change in attendance at school
    6. Change in possessions
  1. Children with Special Educational Needs and Disabilities (SEND) are three times more likely to be abused than their peers.
    1. Additional barriers can sometimes exist when recognising abuse in SEND
    2. These can include: • assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s disability without further exploration; • the potential for children with SEND being disproportionately impacted by behaviours such as bullying and harassment, without outwardly showing any signs; and • communication barriers and difficulties overcoming these
  2. All staff are responsible for being alert to any safeguarding concerns (including sexual violence and sexual harassment), to act on these concerns appropriately depending on the level of need eg if a pupil is at risk of immediate then the member of staff should act in their best interests.
  3. All staff should be aware that effective record keeping is essential in supporting the child and therefore in each part of the school they should understand their role and how they support this. There is a broader element to this – ‘a whole school approach to preventing child on child sexual violence and sexual harassment’ – by which the school has in place suitable systems to ensure that staff can report abuse. This is covered in training.
  4. Technology: staff should be aware that technology plays a significant role in many safeguarding and wellbeing
  5. Older pupils: should be aware of the role they have in being good role models and in caring for others, intervening and reporting behaviour which falls below the standard expected within our behaviour and safeguarding policies.
  6. How to manage a disclosure: see Appendices below


How staff deal with a disclosure around sexual violence or sexual harassment

Additional
Information

Additional Information for Senior and Junior Schools.