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Anti-harassment and sexual misconduct

The University of Nottingham Malaysia (UNM) is dedicated to ensuring a safe and healthy environment free from sexual harassment. The University has established clear behavioural expectations for both employees and students, alongside procedures for addressing complaints related to sexual harassment and misconduct. UNM recognises the critical importance of fostering a secure atmosphere and unequivocally prohibits any form of sexual harassment and misconduct within its premises.

The implications of sexual harassment in Malaysia are significant and multifaceted. The local legal framework ensures that victims can access justice and that perpetrators are held accountable for their actions, which can result in disciplinary measures, punitive actions such as suspension, termination, and potential lawsuits. All individuals are strongly encouraged to formally report incidents of sexual harassment, along with supporting evidence, at the earliest opportunity.

Sexual harassment encompasses a range of behaviours that are unwelcome and of a sexual nature. Malaysian laws identify several forms of sexual harassment:

  1. Verbal Harassment: This includes making sexually suggestive comments, jokes, sounds, or questioning. Verbal harassment can create a hostile environment and is considered a grave misconduct under Malaysian laws.
  2. Nonverbal/Gestural Harassment: Using gestures or body language that are sexually suggestive is considered nonverbal harassment. Such behaviour can be intimidating and offensive, contributing to a hostile university environment.
  3. Visual Harassment: Displaying sexually explicit images or videos constitutes visual harassment. This form of harassment is particularly invasive and can have severe psychological impacts on the victim.
  4. Psychological Harassment: Engaging in behaviour that causes psychological distress or discomfort is recognised as psychological harassment. This form of harassment can impact the victim's mental health and overall wellbeing.
  5. Physical Harassment: Unwanted physical contact such as touching, patting, pinching, stroking, hugging, or kissing is classified as physical harassment. Physical harassment is a clear violation of the law and can result in criminal charges and severe disciplinary measures.

Students may report incidents of sexual harassment by completing the prescribed Student Complaint Procedure, which is available on the University's website, or by contacting Student.Complaints@nottingham.edu.my. Complaints involving students are processed in accordance with the Handling of Student Sexual Harassment Procedure.

Complaints regarding staff members are managed by the HR Department, following the UNM Grievance Procedures. Such complaints should be directed to the HR Department via email at Staff.Grievance@nottingham.edu.my.

Intentionally submitting false accusations of sexual harassment or providing misleading information concerning a complaint constitutes a violation of university policy and local regulations. Such actions will lead to significant disciplinary measures and legal actions.

In an emergency situation, please contact the Security Office on the Security Hotline Number 03-8924 8777 (24/7) or the counselling, mental health, disability, and learning support Hotline Number 019-266 0691 (24/7).

 

 


 

Frequently Asked Questions (FAQs) 

What is the scope of the UNM Anti-Sexual Harassment Policy?

The policy applies to all students, staff, and third parties engaged by the university. It encompasses incidents within university premises, including the Nottingham Future Students Centre (FSC).

How can a student report a case of sexual harassment?
Students are encouraged to report incidents of sexual harassment by completing the designated Complaint Form available on the university's website or by emailing Student.Complaints@nottingham.edu.my. Complaints will be processed in accordance with the Handling of Student Sexual Harassment Procedure.
What should a staff member do if they experience sexual harassment? 
Staff members are advised to report incidents of sexual harassment to the Human Resources Department in accordance with UNM Grievance Procedures by emailing Staff.Grievance@nottingham.edu.my. Complaints will be addressed through the UNM Grievance Procedure.
What are the consequences of making a false accusation of sexual harassment?
Intentionally making false accusations or providing misleading information concerning a complaint constitutes a policy violation and/or local regulations and may result in severe disciplinary action and potential lawsuits.  
How confidential is my report?
Our goal is to empower people using the reporting system to have as much control as possible over the reporting process. If you share information that identifies the individuals involved, and your report raises urgent concerns about potential risks to you or others, we may need to step in, even if you are not currently asking for action. Whenever possible, we will consult with you before taking any steps.
What forms of sexual harassment are recognised by this procedure?
The procedure recognises various forms of sexual harassment, including verbal harassment, non-verbal/gestural harassment, visual harassment, psychological harassment, and physical harassment.
Who is responsible for receiving and assessing complaints of sexual harassment?
The Student Conduct and Appeals Officer (SCAO) is responsible for receiving student complaints and conducting a preliminary assessment. The Review Panel (RP) is responsible for the preliminary investigation of alleged sexual harassment.
What actions can the Review Panel take based on available evidence?
The Review Panel can take several actions, including dismissing the complaint, proposing mediation, referring the complaint to the University Assessor (UA) with recommendations, or requesting further investigation.
What support is offered to the Reporting Party?
The Reporting Party is offered support from the SCAO, and an assessment is carried out to identify any protective action required. They are given reporting options and information on specialist support available, including reporting the incident to the police or requesting a University investigation.
What happens if a student is convicted of a criminal offence related to sexual harassment?
If a student is convicted of a criminal offence or accepts a police caution, the University will request information from the criminal investigation to support its internal decision-making. The complaint will normally be referred to a Disciplinary Committee.
Can the University take action if the police decide not to pursue a criminal matter?

Yes, a decision by the police to take no further action or an acquittal at trial does not preclude the University from taking action under the Code of Discipline for Students and this procedure.

What is the retention period for records of sexual harassment investigations?  

Records pertaining to sexual harassment investigations will be maintained in line with the university’s retention policy. This includes documentation from hearings, disciplinary actions, remedies provided, and appeals.