Policy category: Falmouth Policies

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Procedure 077: EMERGENCY LOCKDOWN

Purpose:
This emergency lockdown procedure is designed to ensure the safety of students and staff in the event of a major incident outside of ACM buildings. The procedure will be enacted upon notification from the police or relevant authority that an emergency lockdown is necessary. 

Please note: where ACM uses premises operated or managed by a third party, e.g. Brixton House and The Bridge, the lockdown procedures of the building management shall be followed. 

What is lockdown?

Instigating lockdown means locking doors and other physical barriers to restrict entry to and/or exit from a site or one or more zones within a site. It is sometimes referred to as `dynamic lockdown’.

Why instigate lockdown? 

Analysis of historic attacks, including the attack on London Bridge and Borough Market in 2017 and research conducted by the Centre for the Protection of National Infrastructure (CPNI) have shown that instigating lockdown in the event of a marauding terrorist attack (MTA) can be a highly effective way of reducing casualties. 

It is typically most useful when an attack begins outside a site or building, where lockdown can delay attackers from entering an area or deter them altogether. The aims of lockdown are to reduce the immediate threat of harm by: 

• Delaying attackers’ progress in finding and killing victims;
• Preventing people inadvertently putting themselves into the path of attackers.

1. Initiating the Lockdown

• Upon receiving notification from the police or other relevant authority that an emergency lockdown is required, or when we assess the need ourselves, ACM’s security or designated person will immediately inform key stakeholders in each of ACM’s buildings via the walkie-talkie system. 
• The key stakeholders in each building (e.g. senior staff, designated lockdown coordinators) will communicate the lockdown to all staff and students within their respective buildings.
• It is recommended that students and staff follow the instructions of the key stakeholders as part of this lockdown procedure. However, Article 5 of the Human Rights Act 1998 protects the right not to be deprived of liberty or freedom unless it is in accordance with the law. It should therefore be understood that all individuals have the right to make their own decisions at any time as to whether they remain on ACM premises under lockdown or not. 

2. Securing the Premises

The designated staff in each building will secure the premises as follows:

• Buildings with a single entrance/exit: the designated staff member will secure the front door.
• Buildings with multiple entrances/exits: designated staff will simultaneously secure each entrance and exit.

• All external doors will be locked where possible to prevent entry.
• Windows must be closed and locked where possible.
• Blinds or curtains should be drawn where available.
• All individuals must move away from windows and doors, remaining out of sight where possible.
• Internal movement should be minimised; individuals should remain in classrooms, offices, or designated safe areas. 
• Staff and students should remain calm and quiet to avoid drawing attention. 

3. Communication During Lockdown

• The lockdown status will be maintained through ongoing communication via the walkie-talkie system.
• ACM’s security and/or safeguarding team will liaise with the police for updates and guidance.
• Staff should monitor their emails and other official communication channels for further instructions.
• Mobile phones should be placed on silent mode to prevent unnecessary noise but kept accessible for emergency use.

4. Registering Students

• Each classroom/office should take a register of all present individuals and report any absentees to the designated lockdown coordinator via email or internal communication systems.
• Any discrepancies should be reported to the safeguarding team, who will liaise with the police if necessary. 

5. Students or Staff Outside the Building

• Whilst every care will be taken to safeguard students, it is important to note that ACM does not act in loco parentis for students. 
• Any students and staff visible outside at the time of locking down should enter, or will be instructed to enter, the nearest ACM building immediately. 
• Students or staff who are not in view and are off the premises should follow the ProtectUK guidance:
  • Run: If there is a safe route, escape to a place of safety.
  • Hide: If escape is not possible, hide and stay silent. 
  • Tell: Once safe, inform the police by calling 999.

6. Lifting the Lockdown

• The lockdown will only be lifted when it is deemed appropriate to do so, such as from direct instruction from the police or relevant authority.
• ACM security will communicate the all-clear signal via the walkie-talkie system.
• The designated staff will relay the all-clear message to staff and students in each building.
• A final headcount will be conducted to account for all students and staff before resuming normal operations.

7. Post-Lockdown Actions

• A debrief session will be held for staff and key stakeholders to evaluate the lockdown response.
• Students will be offered appropriate support, including counselling if required.
• Any necessary amendments to the procedure will be made based on feedback and lessons learned.

8. Review and Training

• This procedure will be reviewed annually and updated as required.
• Regular training will be conducted to ensure preparedness.

 

9. Supporting Information for this Procedure

10.1 Internal

• ACM Run, Hide, Tell Policy
• ACM Prevent Policy

10.2 External 

• ProtectUK Advice and Guidance on Emergency Preparedness

https://www.protectuk.police.uk/about-protectuk 

 

10. Document History and Next Review

Version	1.0
Approved on	01 September 2025
Approved by	Academic Board
Date of next review	August 2026

Download: PRO_077 Emergency Lockdown_v1.0

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Policy 076: RUN, HIDE, TELL

1. Introduction

The Academy of Contemporary Music (ACM) is committed to the safety and well-being of its students, staff, and visitors. In the event of a major incident, such as a fire, natural disaster, or terrorist attack, it is essential to have a clear and concise plan in place to ensure the safety of all those on campus. This procedure is designed to provide guidance on how to react in such an event. 

2. Scope

This procedure applies to all ACM campuses in Guildford, Birmingham, and Clapham. It applies to all staff, students, visitors, contractors, and anyone else who may be on campus during a major incident.  

3. Relevant Legislation and Guidance

This procedure is in accordance with the following legislation and guidance:

• The Health and Safety at Work Act 1974  
• The Human Rights Act 1998  
• The Data Protection Act 2018  
• The Terrorism Protection of Premises Act 2024  
• The UK government’s Run, Hide, Tell guidance  
• UK Contest Strategy
• Prevent Duty Guidance

4. Linked Policies and Procedures

This procedure should be read in conjunction with the following ACM policies and procedures:

• Health and Safety Policy  
• Fire Safety Procedure  
• Evacuation Procedure  
• Security Policy  
• Data Protection Policy  
• Prevent Policy  
• Safeguarding Policy  

5. Procedure

5.1 RUN

1. Be aware that in certain situations, physical ‘running’ could put individuals at greater risk. Do not take unnecessary risks. 
2. If there is a safe and accessible escape route, evacuate the premises immediately.  
3. Do not attempt to gather personal belongings. Your safety is your priority.
4. Follow the instructions of emergency personnel.  
5. If you encounter a fire, activate the nearest fire alarm.  
6. If there is an explosion, be aware of the potential for falling debris.  
7. If there is a chemical or biological hazard, avoid contact with the substance and evacuate the area immediately.  
8. Assist those who need help. If it is safe to do so, help others to evacuate, especially those who may need assistance.  
9. Warn others. As you evacuate, warn others to do the same.  
10. Do not use the lifts. Use the stairs instead.  
11. If you are caught in smoke, drop to the ground and crawl to the nearest exit.  
12. Once you are outside, move to a safe location and do not re-enter the building until you have been told it is safe to do so.  

5.2 HIDE

1. If it is not safe to evacuate, or if you are physically unable to do so, find a safe place to hide. This could be under a desk, in a cupboard, or behind a solid object.  
2. Lock and barricade the door if possible. This will help to delay the attacker.  
3. Silence your mobile phone and any other devices that may make noise. This will help to avoid detection.  
4. Stay low to the ground and away from windows. This will help to protect you from flying debris or gunfire.  
5. If there is an active shooter, try to find a solid object to hide behind. This will help to protect you from being shot.  
6. Do not leave your hiding place until you are certain it is safe to do so. Wait for instructions from the police or other emergency personnel.  

5.3 TELL

1. Once you are safe, call 999 and tell the operator what is happening.  
2. Provide as much detail as possible, including the location of the incident, the number of people involved, and any injuries or fatalities.  
3. If you have any information about the perpetrator, such as their description or vehicle, provide this to the police.  
4. Consider not leaving the scene until you have been instructed to do so by the police.  
5. Be prepared to answer questions. The police will want to know as much information as possible about the incident. 
6. Provide support to others. If you are safely able to, provide support to others who have been affected by the incident.  

6. Training and Exercises

ACM will conduct regular training to ensure that everyone knows what to do in the event of a major incident.  

7. Review

This procedure will be reviewed annually and updated as necessary.  

8. Policy Owner

The policy lead is responsible for the cyclical monitoring and review of the policy in liaison with the Quality Assurance Team. The Run, Hide, Tell policy lead is:

• Designated Safeguarding Lead

Decisions and appropriate actions in support of the implementation of the Policy will be authorised by the following designated staff:

• Campus Leads
• Designated Safeguarding Lead or nominee
• Quality Assurance and Enhancement Manager or nominee
• Senior Management, including Executive Senior Management 

 

9. Document History and Next Review

Version	1.0
Approved on	01 September 2025
Approved by	Academic Board
Date of next review	August 2026

Download: POL_076 Run, Hide, Tell_v1.0 

If you have a disability which makes reading this document or navigating our website difficult and you would like to receive information in an alternative format, please contact: anddegree@acm.ac.uk 

 

POLICY 075: Student Use of Artificial Intelligence

1. SCOPE

1.1 This policy applies to all students enrolled on programmes at ACM, including all FE provision and all HE provision, including Foundation programmes, Integrated Masters programmes and Masters programmes. 

2. INTRODUCTORY STATEMENT AND POSITION

2.1 ACM believes that AI tools are transformative and disruptive, and that they will feature in many academic and professional workplaces. As an institution, ACM is committed to exploring ways in which it can utilise AI to support and facilitate deeper learning. 

2.2 Rather than seek to prohibit the use of AI tools, ACM will support students in using them effectively, ethically and transparently. Tools such as ChatGPT, Quillbot, CoPilot and Grammarly can help students in a number of ways. Examples might include: 

• Drafting your own ideas, and planning or structuring written materials. 
• Generating graphics, images and visuals to support your work
• Helping to improve grammar and writing structure – especially helpful if English is a second language. 
• Deriving explanations. 

3. STUDENT RESPONSIBILITIES

3.1 Whilst AI tools are powerful and easy to use, they can negatively impact your learning as they can detract from the reflection and critical engagement that are essential for deep and meaningful learning. 

3.2 AI tools can also easily provide misleading or incorrect information. Students who rely on these tools too much risk losing their own skills and expertise, and may struggle to study or work without them. 

3.3 Students should be aware that tools such as those listed in 2.2, whilst useful, can lead a student to commit academic misconduct if content is created that is not the student’s own. These tools, and others, are multi-functional. It is the student’s responsibility to use these tools in a way that upholds academic integrity and to ensure you do not commit academic misconduct.

Academic Integrity

3.4 To our students we say: Be enquiring, be conscientious, be honest. Although the use of AI simplifies studying in many ways, it must not lead you to neglect your study efforts and rely on the outputs provided by these tools – keep academic integrity uppermost in your mind because academic misconduct can negatively impact your progression and final award. 

3.5 Students must always ensure they demonstrate academic integrity in their work. This means employing good judgement to ensure that AI has been used appropriately and without gaining an inappropriate advantage. It is crucial that you do not use AI tools to generate work, including sections of written work, and submit it as if it was your own. This will be considered academic misconduct. As a result, submission of such work may result in your work receiving a fail grade, having to redo your work with a penalty to your grade, or even withdrawal from the course. 

Know the Limitations of Artificial Intelligence

3.6 The use of AI has clear limitations. For example, currently available AI tools can: 

• Only simulate understanding. 
• ‘Hallucinate’ to create plausible sounding but factually incorrect answers. 
• Inherit bias and viewpoints from the training material. 
• Use information that is not always up to date. 

3.7 AI tools are not reliable sources. Think of them as the equivalent of asking a random stranger on the street something: the information they provide might be taken from any number of inaccurate, misleading, or misremembered sources, but made to sound convincing. 

Writing Style and Academic Writing 

3.8 ACM is aware that students, especially those new to Higher Education, may struggle with Academic Writing and the purpose of such writing as a skill set. Academic writing is about presenting existing, trusted sources that support your own ideas, which are themselves based on your research and/or your experiences throughout your learning. 

3.9 The academic writing approach allows you to deliver this as a body of work that is coherent and easily accessible by a university marker. But this is different to, and does not mean, using unnecessarily fancy words to make your work sound ‘smarter’. In fact, we have already seen instances of student work that has supposedly been ‘improved’ by AI actually become less coherent, or less in line with the Assessment task, due to an over-reliance on sounding ‘academic.’ 

3.10 Make sure you focus on the substance required of the assessment brief and the learning outcomes. Speak to your tutors, who are there to support you, about what the assessment is actually asking for. 

3.11 It is a breach of academic integrity to blend AI-generated content with your own content.

Declaration of AI Use 

3.12 Students should never pass off ideas or text taken from AI as their own, and there should be a clear acknowledgement of how AI has been used in the work. Your assessment briefs require you to complete a Declaration of Authenticity. This includes a statement on the use of AI and now takes the form of a Canvas ‘Quiz’. 

3.13 Completing the Declaration of Authenticity is a mandatory requirement of the submission process. You should complete this declaration whether you have used AI in your submission or not. It is important to be aware that any suspected AI use in a submission that is not accompanied by an appropriate declaration will be flagged for potential Academic Misconduct. 

AI Detection Tools

3.14 ACM employs the latest AI detection software, which includes Turnitin’s AI detector tool, as a component of our academic compliance procedure, though this is not our sole point of reference. 

Keeping Drafts of your work

3.15 Should you feel the need or desire to improve your work through AI in an acceptable manner, such as those outlined in paragraph 1.3 above, it is good practice and in your own interests to keep drafts of your work before the influence of AI. This will be requested as a part of the Academic Misconduct investigation should there be any suspicion of over-reliance on AI in your work, particularly where there is no Declaration of Authenticity apparent. Being able to show how your drafts led to the finished work is a positive way of working with the academic integrity process. 

3.16 ACM provides unlimited storage in Google Drive to every student. It is good practice and in your own interest to create, draft and store your work in your Google Drive, thereby maintaining transparency and a clear record of document creation.

4. OTHER RELEVANT DOCUMENTS

4.1 Internal Documents

• Policy 007 Academic Integrity
• Policy 012 Learning, Teaching, Assessment and Attainment
• Policy 061 Student Engagement and Participation
• Harvard referencing guide found on the student Canvas page 

5. DATE OF APPROVAL AND NEXT REVIEW

5.1 This policy applies to Academic Year 2024-25

Version	1.0
Approved on	01 September 2025
Approved by	Academic Board
Date of next review	August 2026

Download: POL_075 Student Use of Artificial Intelligence 

If you have a disability which makes reading this document or navigating our website difficult and you would like to receive information in an alternative format, please contact: anddegree@acm.ac.uk 

 

Procedure 069: Freedom of Speech

 

1. PURPOSE 

 

1.1  This document outlines the procedures to be followed in the event of a breach of ACM’s Freedom of Speech Policy. ACM is committed to ensuring that all members of the community can express their opinions in a responsible and respectful manner, and these procedures are designed to address any instances where this policy is violated.

 

1.2  These procedures are designed to ensure a fair and transparent process for addressing breaches of ACM’s Freedom of Speech Policy. The institution’s goal is to maintain a respectful and inclusive environment while upholding the principles of freedom of speech and academic integrity.

 

2. PROCEDURE DETAILS

 

Reporting and initial assessment

 

2.1  Any member of the ACM community who believes that a student has breached the Freedom of Speech Policy should promptly report their concerns to their Designated Safeguarding Lead (DSL). 

 

2.2  Upon receiving the report, the DSL will conduct a preliminary investigation to determine the severity of the alleged breach. If the breach is deemed minor and can be resolved through informal discussions, the DSL may opt for a mediation process to address the issue. If the breach is more serious and warrants further action, the DSL will escalate the complaint to include relevant parties. 

 

Investigation

 

2.3  The investigation may involve gathering evidence, interviewing relevant parties, and reviewing any relevant documents or communications. The investigation will be conducted in a fair and impartial manner, and confidentiality will be maintained to the extent possible.

 

Suspension

 

2.4  In cases where the alleged breach is deemed to be of a serious nature and may pose a risk to the ACM community or the individuals involved, the DSL, in consultation with ACM leadership, may decide to suspend the student from the institution temporarily. Suspension is a precautionary measure to ensure the safety and well-being of all parties and is not a punitive measure. Suspension does not imply guilt. During the suspension period, the student will be informed of the reasons for the suspension and the ongoing investigation.

 

Post-investigation

 

2.5  Once the investigation is complete, the DSL will prepare a report detailing the findings of the investigation. The report will include information about the alleged breach, the evidence collected, and any relevant statements obtained. The report will be submitted to an ACM panel for review.

 

2.6  Based on the investigation report, the panel will determine whether the student has breached the Freedom of Speech Policy. If a breach is confirmed, the appropriate actions will be taken, which may include disciplinary measures, educational interventions, or further dialogue with the student.

 

Right to appeal

 

2.7  If the student is found to have breached the policy and is subjected to disciplinary action, they have the right to appeal the decision. The appeal process will be communicated to the student in writing along with information on how to submit an appeal.

 

3. RELATED POLICIES AND PROCEDURES

• Higher Education (Freedom of Speech) Act 2023
• European Convention on Human Rights, Articles 10 and 11
• Public Order Act 1986 
• Equality Act 2010
• Office for Students (OfS) Regulatory Framework
• Middlesex University Code of Practice on Freedom of Speech 
• ACM Student Charter
• ACM PREVENT Duty
• ACM Equality and Diversity Policy
• ACM Safeguarding Policy
• ACM Student Disciplinary Policy
• ACM Freedom of Speech Policy

 

4. PROCEDURE OWNER

4.1 The policy lead is responsible for the cyclical monitoring and review of this procedure in liaison with the Quality Assurance and Enhancement Manager. The Freedom of Speech lead is:

• Head of Quality and Standards

4.2 Decisions and appropriate actions in support of the implementation of the Policy will be authorised by the following designated staff:

• Head of Academic Practice
• Group Lead on Student Experience
• Head of Quality and Standards
• Quality Assurance and Enhancement Manager
• Designated Safeguarding Lead

 

5. DOCUMENT HISTORY AND NEXT REVIEW

Version:   1.0 

Approved on:   01 September 2025

Approved by:   Academic Board

Date of next review:   August 2026

 

Download: PRO_069 Freedom of Speech

If you have a disability which makes reading this document or navigating our website difficult and you would like to receive information in an alternative format, please contact: anddegree@acm.ac.uk 

 

Policy 069: FREEDOM OF SPEECH

 

1. PURPOSE 

1.1  ACM is committed to fostering an environment that upholds the principles of academic freedom and freedom of speech, as enshrined in the Higher Education (Freedom of Speech) Act 2023. 

 

1.2  In accordance with the Higher Education (Freedom of Speech) Act 2023, ACM’s objective through this policy is to secure freedom of speech within the law for staff, members and students of ACM, and visiting speakers. 

 

1.3  ‘Academic freedom’ in relation to academic staff at registered higher education providers refers to their freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of being adversely affected by the loss of their jobs or privileges at the provider, and without the likelihood of their securing promotion or different jobs at the provider being reduced.

 

1.4  This policy acts as a code of practice, fulfilling the requirements of section A2 of the Higher Education (Freedom of Speech) Act 2023. This policy will outline: 

 

1. ACM’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech (see 1.5 and 2.1);

 

1. the procedures to be followed by staff and students of ACM and any students’ union for students at ACM in connection with the organisation of (i) meetings which are to be held on ACM’s premises and which fall within any class of meeting specified in the code, and (ii) other activities which are to take place on ACM’s premises and which fall within any class of activity so specified (see 2.16 to 2.22). 

 

        (c) the conduct required of such persons in connection with any such meeting 

             or activity (see 2.2), and 

 

        (d) the criteria to be used by the provider in making decisions about whether to

             allow the use of premises and on what terms (which must include its criteria       

             for determining whether there are exceptional circumstances for the  

             purposes of section A1(10)) of the Higher Education (Freedom of Speech) 

             Act 2023 (see 2.13 to 2.15). 

 

1.5  ACM recognises that the free exchange of ideas and diverse perspectives is essential for intellectual growth, critical thinking, and the pursuit of knowledge. This policy outlines ACM’s commitment to protecting and promoting freedom of speech while ensuring that it is exercised responsibly and respectfully within the boundaries of the law and our institutional values.

 

2. POLICY DETAILS 

 

2.1  The guidance outlined in this policy and the obligations to uphold the principles of academic freedom and freedom of speech, as enshrined in the Higher Education (Freedom of Speech) Act 2023, apply to ACM’s students’ union or equivalent as well as to ACM. 

 

2.2  Guiding Principles:

 

• Academic Freedom: ACM is dedicated to maintaining an atmosphere where academic staff and students can engage in open and robust discussions, research, and exploration of diverse viewpoints, theories, and ideas. Academic freedom ensures the pursuit of knowledge is uninhibited by external pressures.

 

• Freedom of Speech: ACM respects and safeguards the right to freedom of speech for all members of our community. This includes the right to express opinions, beliefs, and ideas, even those that may be controversial, unpopular, or challenging.

 

• Respectful Dialogue: While ACM encourages free expression, it is equally important that all discourse remains respectful and tolerant of differing viewpoints. Communication should be conducted in a manner that upholds the dignity and well-being of all individuals, fostering a constructive and inclusive environment.

 

• Lawful Expression: Freedom of speech must be exercised within the boundaries of the law. Speech that incites hatred, discrimination, harassment, violence, or poses a direct threat to the safety and well-being of individuals or the university community will not be tolerated.

 

Hate speech

 

2.3  Hate Speech: ACM strictly prohibits the use of hate speech, which includes any form of communication that discriminates, threatens, or incites violence or hostility against individuals or groups based on their race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics as defined by the law. 

 

2.4  Hate Crime: Hate crime is a criminal offence punishable under UK criminal law. The law recognises five types of hate crime on the basis of:

 

• Race
• Religion 
• Disability
• Sexual orientation 
• Transgender identity

 

Hate crimes can take the form of physical assault, verbal abuse or incitement to hatred and are covered by legislation (Crime and Disorder Act 1998 and section 66 of the Sentencing Act 2020) which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime. The police and the Crown Prosecution Service (CPS) have agreed the following definition for identifying and flagging hate crimes:

 

“Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person’s disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity.”

 

2.5  Hate Incident: A hate incident is any incident which the victim, or anyone else, thinks is based on someone’s prejudice towards them because of their race, religion, sexual orientation, disability or because they are transgender. Not all hate incidents will amount to criminal offences, but it is equally important that these are reported and recorded by the police. ACM reserves the right to report such incidents to the police. 

 

 

Harassment

 

2.6  Harassment: Speech that constitutes harassment, whether through verbal, written, or electronic means, is not permitted. Harassment includes unwelcome behaviour that creates a hostile or intimidating environment for others.

 

Protection from retaliation

 

2.7  Protection from Retaliation: ACM prohibits retaliation against any member of the community for expressing their opinions in a respectful and lawful manner. This protection extends to academic and employment-related matters.

 

Application of the Policy

 

2.8  Classroom and Learning Environments: In academic settings, tutors have the autonomy to teach and discuss topics relevant to their courses. Students are encouraged to engage in thoughtful discussions and express diverse perspectives, promoting a rich learning experience.

2.9  Events and Guest Speakers: ACM values the diversity of ideas and viewpoints that guest speakers bring to our campus. Student groups and organisations have the right to invite speakers of their choice within the confines of the law and ACM’s policies.

2.10  Online and Social Media: The principles of freedom of speech extend to online platforms and social media. Members of the ACM community should be mindful of their online conduct and strive to maintain respectful dialogue. 

2.11  Protests and Demonstrations: Peaceful protests and demonstrations are a valid form of expression. ACM supports these activities as long as they are conducted lawfully and do not disrupt the normal functioning of the institution. 

 

Events

 

2.12  Where any person or body subject to the obligations of this Policy wishes to hold any event for the expression of any views or beliefs held or lawfully expressed on premises controlled by ACM or ACM’s student union or equivalent, consent shall not be unreasonably refused. 

 

2.13  It shall be accepted as reasonable for ACM to refuse consent, or withhold facilities for any event to which this Policy applies, where ACM has reasonable cause to believe, from the nature of the organisation and/or speakers or from similar events in the past (whether previously held at ACM or otherwise), that:

 

• the views likely to be expressed by any speaker are contrary to the law;
• the intention of the speaker(s) is likely to be to incite breaches of the law or to intend breaches of the peace to occur;
• the views likely to be expressed by any speaker are for the promotion of any illegal organisation or purpose;
• it is in the interests of public safety, the prevention of disorder or crime, or the protection of those persons lawfully on premises under the control of ACM, that the event does not take place.

 

For the purposes of this Policy, ‘speaker’ means any organiser or other person invited to address the meeting other than members of any audience at that meeting.

 

2.14  ACM may impose such conditions and requirements upon the organisers as are reasonably necessary in all the circumstances. These may include, but are not limited to, requirements as to provision of stewards, variation of location and time, ticketing and whether the event shall be open to the public at large. 

 

2.15  Where ACM concludes that imposing conditions would not be sufficient to prevent serious disorder within premises subject to ACM’s control, it may decline to permit such events to be held.

 

Booking an external speaker

 

2.16  Reference to ACM’s External Speaker and Events policy must be made when booking external speakers. In particular, the process in paragraphs 2.17 to 2.22 will apply. 

 

2.17  The majority of external speaker requests will be straightforward and can be handled entirely at a local (departmental) level. In these cases, following the steps outlined in the “Local assessment of proposed external speaker(s)” below will suffice. However, some requests may be complex and may require referral for further consideration. The “referral process” will only apply in a minority of circumstances – to events or speakers deemed to be higher-risk.

2.18  All requests for an external speaker are to be submitted by the event organiser making the request using the appropriate form to the Industry Link team at least ten working days before the planned event.

2.19  A transcript of the intended talk must be provided, where requested, and a written undertaking to abide by the provisions of this policy and to uphold the ACM policy on Equality and Diversity. Requests that do not comply with this provision will be refused. If the risk is considered medium to high risk a transcript must be attached to the External Speaker Submission Form.

2.20  ACM reserves the right to require references for the proposed speaker and also to refuse permission for the speaker to visit ACM. A refusal is final.

2.21  An appropriate member of staff will be present at all talks to monitor any concerns.

2.22  Speakers must be informed that all such events may be recorded/filmed by ACM. These recordings are for future reference and marketing purposes associated to ACM and to prevent the abuse of trust.

 

Responsibilities

 

2.16  It is the duty of all those who are subject to this Policy to assist ACM in upholding the rights of freedom of speech as set out here. Where a breach of this Policy occurs, those to whom this Policy applies should take all reasonable steps to identify the person or persons involved in that breach. Any breach of the provisions of this Policy shall be dealt with under ACM’s disciplinary procedures, where applicable.

 

2.17  Where breaches of UK criminal law occur, ACM will, where appropriate, assist the Police and the Crown Prosecution Service (CPS). In respect of any criminal charges, ACM will not normally proceed with its own disciplinary proceedings on the same matters until the conclusion of any ongoing criminal proceedings. This does not preclude suspension of a person(s), where deemed appropriate, when actioned in connection with any part of an investigative process. Suspension is not viewed as a punitive measure. 

 

2.18 This policy will be reviewed periodically to ensure its effectiveness and relevance. Changes or amendments to the policy will be made in accordance with UK law and the best interests of the ACM community.

 

2.19  By upholding the principles outlined in this policy, ACM aims to create an inclusive, intellectually stimulating, and respectful environment where freedom of speech is celebrated as a cornerstone of our academic and creative community.

 

3. RELATED POLICIES AND DOCUMENTS

• Higher Education (Freedom of Speech) Act 2023
• European Convention on Human Rights, Articles 10 and 11
• Public Order Act 1986 
• Equality Act 2010
• Office for Students (OfS) Regulatory Framework
• Middlesex University Code of Practice on Freedom of Speech
• ACM Student Charter
• ACM Prevent Duty
• ACM Equality and Diversity Policy
• ACM Safeguarding Policy
• ACM Student Disciplinary Policy

 

4. POLICY OWNER

4.1 The policy lead is responsible for the cyclical monitoring and review of the policy in liaison with the Quality Assurance and Enhancement Manager. The Freedom of Speech lead is:

• Head of Quality and Standards

4.2 Decisions and appropriate actions in support of the implementation of the Policy will be authorised by the following designated staff or their appointed persons:

• Head of Academic Practice
• Group Lead on Student Experience
• Head of Quality and Standards
• Quality Assurance and Enhancement Manager
• Designated Safeguarding Lead 

 

5. DOCUMENT HISTORY AND NEXT REVIEW

Version:   1.0 

Approved on:   03 September 2024

Approved by:   Academic Board

Date of next review:   August 2025 

 

Download: POL_069 Freedom of Speech_202309

The Equality Act 2010 (Specific Duties and Public Authorities 2017 requires gender pay reporting for employers with 250 or more employees to publish statutory calculations showing how large the pay gap is between their male and female employees. For organisations with less than 250 employees this is voluntary (as was applicable to The Academy of Contemporary Music in 2022-23).

View the organisation’s 2022-23 Gender Pay Gap Report here.

If you have a disability which makes reading this document or navigating our website difficult and you would like to receive information in an alternative format, please contact: anddegree@acm.ac.u

1. PURPOSE

1.1 This procedure outlines ACM’s approach to providing a campus environment in which all members of our community feel safe from sexual misconduct. For the purposes of this procedure, this includes sexual harassment, whether explicitly stated or not. 

1.2 This procedure sets out our expectations around the unacceptability of sexual misconduct and sexual harassment.

1.3 This procedure makes clear the ways in which ACM supports students who have experienced any form of sexual misconduct or sexual harassment.

2. PROCEDURE DETAIL

This document outlines our specific Process for handling allegations of sexual misconduct and sexual harassment.

Making a Disclosure
2.1 A disclosure is made when someone tells a member of ACM Safeguarding Team that they have experienced sexual misconduct or sexual harassment. A disclosure can be made in person, online or via other means such as phone or email.

2.2 Students can make disclosures of sexual misconduct or sexual harassment via ACM’s online reporting disclosure link. Where a member of staff has received a disclosure in person or via other means, they may submit a disclosure on behalf of the person who has disclosed via ACM’s online reporting disclosure link. 

2.3 The person who has chosen to disclose does not need to provide the full details of their experience if they do not wish to. They will not be pressured to make a formal complaint.

2.4 If the incident is historical, the person who has experienced it can still disclose it to the ACM safeguarding team and receive support. They can access Wellbeing Support Services, which will be offered.

2.5 Disclosure does not create a formal complaint and is not an instruction for ACM to take action. The person who has disclosed will have the opportunity to be heard and to consider their options before proceeding with any further steps. No action will be taken immediately by ACM unless there is a concern about immediate safety or if ACM has a duty under safeguarding.

2.6 Where a person chooses to disclose anonymously via ACM’s online reporting tool, no action will usually be taken on the basis of their disclosure. Anonymised data will help ACM to understand patterns in behaviour and inform future policy.

2.7 Where a person chooses to disclose, with contact details, via ACM’s online reporting tool, their disclosure will be received by the ACM safeguarding team. The person who has made the disclosure will be contacted by a member of the safeguarding team as soon as is practical to do so.

2.8 Where a disclosure is made but is not submitted via ACM’s online reporting tool, the person who has disclosed can still access support via Wellbeing Support Services.

2.9 The Academy of Contemporary Music recognises the importance of privacy for disclosures and formal complaints of cases of sexual misconduct and will only share information on a confidential, need-to-know basis. All personal data is recorded and held in accordance with the Data Protection Act 2018. ACM will retain anonymised data to understand patterns of behaviour and to inform future policy.

2.10   Confidentiality is not absolute secrecy. There may be circumstances where it is necessary or appropriate to share information either within ACM or with external organisations/bodies, for example to:

• Allow a case to be appropriately considered and investigated;
• Ensure those who disclose an experience or are alleged to have committed misconduct receive appropriate academic and pastoral support;
• Safeguard members of the ACM community and fulfil ACM’s duty of care;
• Discharge ACM’s duties or as required by law.

3. IMMEDIATE THREATS TO SAFETY

3.1 If after reviewing a disclosure submitted via the ACM’s online reporting tool, the ACM safeguarding team believes that there is a danger to the person who has disclosed or to anyone else, they will refer the disclosure to the ACM executive team along with a risk assessment.

3.2 If the ACM executive team decides via a risk assessment that it is necessary to take precautionary action, it will make a recommendation to the Registrar who will enact these measures. Such measures may include issuing a suspension of rights to restrict the person alleged to have committed the misconduct contact with the person who has disclosed, including restriction of access to campus facilities, and making a recommendation to the ACM safeguarding team regarding appropriate action.

3.3 If a suspension of rights is issued, the person alleged to have committed the misconduct will be informed in writing and, wherever possible, in person. They will be told what they need to do in order to comply with the suspension of rights. They will be assigned a member of the student services team, who will be their main point of contact.

3.4 If no suspension of rights is required, the person alleged to have committed the misconduct will not be informed of the disclosure or assigned a member of the student services team unless the person who has disclosed chooses to either pursue an informal resolution or submit a formal complaint to ACM.

4. STUDENT SUPPORT

4.1 ACM will assign a member of the student support team to the person who has made the disclosure. The member of the student support team will be the main point of contact throughout any subsequent steps, and will be able to help the person who has disclosed to make informed decisions about what happens next.

4.2 The member of the student support team does not represent the person they are assigned to within any subsequent Discipline Committee hearings. They are available to listen, to provide information and to facilitate practical support.

4.3 The member of the student support team will take into account the communications preferences of the person they are assigned to, and wherever possible will communicate key information in person, unless the person they are assigned to wishes otherwise.

4.4 The member of the student support team will contact the person who has made the disclosure as soon as is practical to do so to arrange a First Discussion Meeting between them and the member of the student support team. This will enable the person who has disclosed to talk about what they would like to happen. The member of the student support team will help them to consider the options and support available, to understand the role of the student support team, and to explore possible outcomes.

4.5 The outcome of an investigation, Discipline Committee hearing or Appeal will be shared with both parties and this will include setting out the rationale for the decision.

5. MALICIOUS REPORTS

5.1 Whilst extremely rare, the possibility of malicious reporting is recognised. ACM takes every disclosure seriously but reserves the right to cease consideration of a disclosure if it considers it to be malicious, vexatious or frivolous. In such cases, a member of the Safeguarding Team or its nominee will write to the reporting party explaining why consideration of the disclosure is being halted. This decision will be final.

6. CONDUCT

6.1 ACM recognises the possibility of retaliation against any individuals associated with a disclosure or formal complaint of sexual misconduct, including the Reporting Party, witnesses, the Responding Party, and staff.

6.2 Any retaliation will be dealt with under ACM disciplinary procedure as per policy.

6.3 If there is a further incident of sexual misconduct, anti-social behaviour or any other behaviour which breaches ACM’s regulations that occurs whilst an investigation is being conducted under the Sexual Misconduct Policy, this may be considered as an aggravating factor and taken into account during decision-making.

7. OPTIONS FOLLOWING DISCLOSURE

7.1 After disclosure there are several options available to the person who has disclosed their experience. They can choose the level and types of support that are right for them.

7.2 After discussion with their member of student support the person who has disclosed may choose to:

7.2.1 Take no further action at this time: In this case advice will be provided regarding the preservation of evidence which may be needed if they subsequently decide to make a report to the Police or to submit a formal complaint to ACM. They will also be informed of the ongoing support available to them via the student support team, Wellbeing Support Services and the safeguarding team.

7.2.2 Undertake an informal resolution: This option is dependent on the person alleged to have committed the misconduct being willing to participate. The member of student support assigned to the person who has disclosed will facilitate an informal resolution in collaboration with services such as Wellbeing Support Services and the safeguarding Team.

7.2.3 Make a report to the Police: In this case no disciplinary action will normally be taken by ACM whilst a Police investigation and legal proceedings are taking place, although ACM reserves the right to investigate and take action if it deems it necessary. Support will however still be available from the Wellbeing Support Services and the Safeguarding team.

7.2.4 Make a formal complaint to ACM: If the person who has disclosed chooses this option they will be asked to confirm that they wish ACM to proceed with a formal investigation. Support will be available from the Wellbeing Support Services and the Safeguarding team.

8. INFORMAL RESOLUTION

8.1 The person who has disclosed can always choose to make a formal complaint even if they have chosen informal resolution, and vice versa.

8.2 Where an informal resolution is appropriate, a member of student support will be assigned to the person alleged to have committed the misconduct. This will be a different member of student support to that assigned to the person who has made the disclosure.

8.3 The member of student support will arrange for the informal resolution to take place, in collaboration with services such as Wellbeing Support Services and the safeguarding team.

8.4 Informal resolution can only go ahead on the mutual agreement of both parties. The member of student support will follow up to check that the informal resolution has taken place, however as the allegation has not been proven they cannot enforce compliance.

8.5 Informal resolution may include, but is not restricted to, the following outcomes:

8.5.1 Written apologies

8.5.2 Attendance at awareness sessions

8.5.3 Participation in behavioural change programmes

8.5.4 No contact agreements

8.5.5 Any other penalties which are not punitive in nature

9. POLICE INVESTIGATION AND LEGAL PROCEEDINGS

9.1 If the person who has disclosed has made an independent report to the police they may still make a formal complaint to ACM.

9.2 ACM does not have the legal investigatory powers of the Police, and is not able to make a determination of criminal guilt.

9.3 Any disciplinary action is undertaken as a breach of ACM’s Sexual Misconduct Policy and is not a substitute for a Police investigation or a criminal prosecution.

9.4 The fact that criminal proceedings have been instituted or have concluded does not preclude ACM from taking its own disciplinary action, if it is thought fitting or necessary to do so.

9.5 The fact that the Police are unable or unwilling to proceed does not preclude ACM from taking its own disciplinary action.

9.6 A case which does not progress through legal channels, where a decision to take no further action has been made, and/or a ‘not guilty’ verdict has been returned, does not mean that the person has made a malicious or vexatious report.

9.7 The fact that criminal proceedings have returned a ‘not guilty’ verdict does not preclude ACM from taking its own disciplinary action.

9.8 If a student has been convicted of a criminal offence or accepts a Police caution in relation to behaviour that falls within the scope of ACM’s Sexual Misconduct Policy, then ACM will accept this as conclusive evidence that the behaviour took place. It may not be necessary for a further full investigation to take place and the complaint will be deemed proven and proceed directly to mitigation.

10. MAKING A FORMAL COMPLAINT TO ACM

10.1 The person who has experienced sexual misconduct may choose to make a formal complaint to ACM under the Sexual Misconduct Policy, and thereby seek a resolution via the ACM Disciplinary Procedure. A formal complaint is different to disclosure; it is a document informing ACM that something has happened and that the person who has made the complaint wishes ACM to take action. From this stage onwards, the person who has submitted the complaint is referred to as the Reporting Party, and the person who is alleged to have committed the misconduct is referred to as the Responding Party.

10.2 The complaint must be submitted via the online disclosure link. The complaints form may be completed by the Reporting Party, or if they prefer, someone can complete it on their behalf. The safeguarding team and Wellbeing Support Services can all provide help in completing the form.

10.3 The complaints form does not need to include in-depth detail about the experience. There does however need to be enough information so that ACM can take the complaint forward and understand what has happened.

10.4 The complaints form will be referred to the Student Discipline team. ACM will not take any action without the involvement of the Reporting Party unless there is an immediate threat to safety.

10.5 The Reporting Party has the right to withdraw their complaint and to stop the formal Sexual Misconduct Disciplinary Process at any time.

Freedom of Speech 

10.6 ACM has a statutory duty to protect the lawful speech of all staff, students and visiting speakers, which includes protecting the right to express views that are controversial or unpopular. However, vigorous debate does not mean students should be expected to tolerate harassment. Speech or other expression that amounts to harassment is not protected. ACM promotes a culture that is open and tolerant of differences, and students can expect to be able to take part in all aspects of university life without being harassed. 

11. PROCEDURE SCOPE

11.1 The procedure applies to all members of the ACM community, including students at all levels and campuses, staff, applicants, associate members, visitors, contractors and volunteers.

11.2 This procedure applies to sexual misconduct which:

• occurs on ACM’s property and/or land;
• occurs whilst a student is engaged in any ACM related activity (including placements and trips);
• occurs via electronic means including, but not limited to: internet, email, social media sites, chat rooms, text messages and instant messaging;
• results in a legal or police investigation, charge or conviction of an offence;
• raises questions about the fitness of the student on a fitness to practice programme; or
• in the view of ACM poses a serious risk or disruption to the institution or members of its community.

11.1 ACM recognises that sexual misconduct can be experienced by any individual, regardless of sex, gender, sexual orientation, relationship status, age, disability, faith, race, ethnicity, nationality or economic status.

11.2 Experiences of sexual misconduct may intersect with other forms of discrimination and harassment, for example in relation to sex, gender, sexual orientation, relationship status, age, disability, faith, ethnicity, nationality or economic status.

11.3 ACM has policies on Equality, Discrimination and Inclusion and does not tolerate any forms of bullying or harassment. ACM does not tolerate behaviour or attitudes supportive of sexual misconduct. 

12. RELATED POLICIES

• Safeguarding Policies
• Safeguarding Procedures
• Staff Code of Conduct
• Student Charter
• Data Protection Policy
• Prevent Policy
• External Speaker and Events Policy
• Acceptable Use of IT and E-Safety Policy
• Social Media Policy
• Student Disciplinary Policy
• Student Complaints and Grievances Policy
• Equality & Diversity Policy
• Staff Recruitment Policy
• Health & Safety Policy
• Whistleblowing Policy
• Criminal Convictions Policy

13. PROCEDURE OWNER

13.1 The responsibility for this Policy falls under the remit of the Designated Safeguarding Lead, overseen by the  Student Experience and Opportunity Board. 

13.2 The responsible committee will ensure the cyclical review of this Policy is carried out under ACM’s Quality Assurance Framework.

14. DEFINITIONS

 Sexual Misconduct: Sexual Misconduct covers a broad range of inappropriate and unwanted behaviours of a sexual nature. It covers all forms of sexual violence, including sex without consent, sexual abuse (including online and image-based abuse), non-consensual sexual touching, sexual harassment (unwanted behaviour of a sexual nature which violates your dignity; makes you feel intimidated, degraded or humiliated or creates a hostile or offensive environment), stalking, abusive or degrading remarks of a sexual nature, and a vast range of other behaviours.

Consent: Consent is the agreement to participate in a sexual act where the individual has both the freedom and capacity to make that decision. Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and consent may be withdrawn at any time.

Freedom to consent: For consent to be present, the individual has to freely engage in a sexual act. Consent is not present when submission by an unwilling participant results from the exploitation of power, or coercion or force, regardless of whether there is verbal or physical resistance.

• Coercion or Force includes any physical or emotional harm or threat of physical or emotional harm which would reasonably place an individual in fear of immediate or future harm, with the result that the individual feels compelled to engage in a sexual act.

Capacity to consent: Free consent cannot be given if the individual does not have the capacity to give consent. Incapacitation may occur when an individual is asleep, unconscious, semi-conscious, or in a state of intermittent consciousness, or any other state of unawareness that a sexual act may be occurring. Incapacitation may also occur on account of a mental or developmental disability, or as the result of alcohol or drug use.

• Alcohol and/or Drug Use: Incapacitation arising from alcohol or drug consumption should be evaluated on the basis of how the alcohol/drugs have affected the individual; signs of incapacitation may include, but are not limited to, one or more of the following: slurred speech, unsteady gait, bloodshot eyes, dilated pupils, unusual behaviour, blacking out, a lack of full control over physical movements, a lack of awareness of circumstances or surroundings, and/or an inability to communicate effectively. Intoxication is never a defence for committing an act of Sexual Violence and Misconduct, or for failing to obtain consent. If there is any doubt as to the level or extent of one’s own or the other individual’s incapacitation, the safest approach is to not engage in a sexual act.

Disclosure: Disclosure means that an individual tells a member of the ACM community that they have experienced Sexual Misconduct (this is different from a formal Complaint).

Formal Complaint: Submitting a formal Complaint to ACM regarding an individual’s experience of Sexual Misconduct is an instruction for ACM to take appropriate action. The Complaint will allow ACM to investigate the misconduct as set out in this Policy and the accompanying processes.

Reporting Party: The Reporting Party is the person(s) who has made a formal Complaint regarding an experience of sexual misconduct.

Responding Party: The Responding Party is the person(s) named in a formal Complaint who is alleged to have committed an act of sexual misconduct.

Safeguarding: Safeguarding is the action that is taken to promote the welfare of all people and protect them from harm.

Abuse:  any action that intentionally harms or injures another person

DSL: Designated Safeguarding Lead is the member of staff that coordinates all safeguarding concerns and oversees all referrals.

DDSL: Deputy Designated Safeguarding Lead is the member of staff who supports the DSL in maintaining the function of safeguarding throughout all campuses.

LADO: Local Authority Designated Officer

15. EXHIBITS/APPENDICES/FORMS

15.1 This procedure has been written in accordance with, and with reference to, the following statutory guidance and legislation:

• Keeping Children Safe in Education (DfE, 2021)
• Working Together to Safeguard Children (HM Government, 2018)
• What to do if you’re worried a child is being abused (DfE, 2015)
• The Prevent Duty (DfE, 2015, updated 2019)
• Child sexual exploitation; definition and guide for practitioners (DfE, 2017)
• Sexual violence and harassment between children in schools and colleges (DfE, 2018)
• The Children Act 2004 (with later amendments)
• Safeguarding Vulnerable Groups Act 2006
• The Sexual Offences Act 2003
• Office for Students (OfS) Condition E6 Harassment and Sexual Misconduct
• Guidance for English Higher Education Institutions (HEIs) (DIUS, 2007)
• Protection of Freedoms Act 2012
• Children and Families Act 2014
• Care Act 2014
• Information sharing: advice for practitioners providing safeguarding services to children, young people, parents and carers (HM Government, July 2018)

16. SUPPORTING INFORMATION

There are no further supporting documents to this procedure.

17. DOCUMENT HISTORY AND NEXT REVIEW

Version:                           1.2

Approved on:                 01 September 2025

Approved by:                 Academic Board

Date of next review:      August 2026

Download: PRO_064_Sexual Misconduct Procedure

 

If you have a disability which makes reading this document or navigating our website difficult and you would like to receive information in an alternative format, please contact: anddegree@acm.ac.uk

 

Policy 064: SEXUAL MISCONDUCT

1. PURPOSE

1.1 This Policy outlines ACM’s approach to providing a campus environment in which all members of our community feel safe from sexual misconduct.For the purposes of this policy, this includes sexual harassment, whether explicitly stated or not. 

1.2 This Policy sets out our expectations around the unacceptability of sexual misconduct.

1.3 This Policy makes clear the ways in which ACM supports students who have experienced any form of sexual misconduct.

2. POLICY DETAILS

2.1 The Academy of Contemporary Music (ACM) is committed to safeguarding and promoting the welfare of all students, staff, visitors and guests and acknowledges its particular responsibilities to children, young people and adults at risk.

2.2 All staff within ACM have a responsibility to be involved in contributing to a culture in which safeguarding is embedded, discussed openly and risk proactively reduced. Every member of staff is DBS checked prior to commencing employment, and again every three years, and all staff members must complete training in the following areas:

• Safeguarding Young People
• Mental Health Awareness in Children & Young People
• An introduction to GDPR
• Health and Safety in Education Awareness
• The Prevent Duty
• First Aid Essentials

Members of the ACM safeguarding team also have further awareness and training regarding the following areas:

• Protecting Children from Child Sexual Exploitation
• Sexual Violence and Harrasment between Children and Young People
• Understanding and Working with people affected by Sexual Abuse

2.3 ACM takes a zero tolerance approach to sexual misconduct and sexual harassment, and will support anyone in the ACM community who is subject to any form of sexual misconduct, as per the details in the accompanying Sexual Misconduct Procedure.

2.4 ACM will ensure that reporting parties are responded to in a safe, supportive and trusting environment, as per the details in the accompanying Sexual Misconduct Procedure.

2.5 ACM will educate and support all staff and students to understand:

• what sexual misconduct is and that it is not tolerated;
• what consent is; and
• when consent is, and is not, given.

2.6 ACM will make clear how to disclose sexual misconduct, in person, online and anonymously, what options are available and the support that can be provided, via a clear and robust procedure.

2.7 ACM will ensure that all relevant staff are informed of how to receive and signpost a disclosure of sexual misconduct in a sensitive way. Empower those who disclose an experience to choose which options are best for them and provide access to expert professional support

2.8 ACM will set out all options and processes clearly and transparently. This includes the option to not make a formal complaint.

2.9 ACM will ensure that all relevant staff are provided with training to enable them to support and advise a student who has experienced sexual misconduct.

2.10 ACM will respect the sensitivity of disclosures of sexual misconduct and their consequences, and treat any disclosure confidentially, in line with our Data Protection Policy and the ACM’s duty of care under safeguarding.

2.11 Within Disciplinary Proceedings, ACM will ensure fairness to both Reporting and Responding parties.

2.12 ACM will ensure that all communications are sufficiently clear and detailed, and accurately reflect any decisions made.

2.13 ACM will learn from our experiences and regularly review this policy informed by data trends and with input from independent external experts to ensure it remains relevant.

3. POLICY SCOPE

3.1 The policy applies to all members of the ACM community, including students at all levels and campuses, staff, applicants, associate members, visitors, contractors and volunteers.

3.2 This Policy applies to sexual misconduct which:

• occurs on ACM’s property and/or land;
• occurs whilst a student is engaged in any ACM related activity (including placements and trips);
• occurs via electronic means including, but not limited to: internet, email, social media sites, chat rooms, text messages and instant messaging;
• results in a legal or police investigation, charge or conviction of an offence;
• in the view of ACM poses a serious risk or disruption to the institution or members of its community.

3.1 ACM recognises that sexual misconduct can be experienced by any individual, regardless of sex, gender, sexual orientation, relationship status, age, disability, faith, race, ethnicity, nationality or economic status.

3.2 Experiences of sexual misconduct may intersect with other forms of discrimination and harassment, for example in relation to sex, gender, sexual orientation, relationship status, age, disability, faith, ethnicity, nationality or economic status.

3.3 ACM has policies on Equality, Discrimination and Inclusion and does not tolerate any forms of bullying or harassment. ACM does not tolerate behaviour or attitudes supportive of sexual misconduct.

Freedom of Speech 

3.4 ACM has a statutory duty to protect the lawful speech of all staff, students and visiting speakers, which includes protecting the right to express views that are controversial or unpopular. However, vigorous debate does not mean students should be expected to tolerate harassment. Speech or other expression that amounts to harassment is not protected. ACM promotes a culture that is open and tolerant of differences, and students can expect to be able to take part in all aspects of university life without being harassed. 

4. RELATED POLICIES

• Safeguarding Policies
• Safeguarding Procedures
• Staff Code of Conduct
• Staff-Student Relationship Policy
• Student Charter
• Data Protection Policy
• Prevent Policy
• External Speaker and Events Policy
• Acceptable Use of IT and E-Safety Policy
• Social Media Policy
• Student Disciplinary Policies
• Student Complaints and Grievances Policy
• Equality & Diversity Policy
• Staff Recruitment Policy
• Health & Safety Policy
• Whistleblowing Policy
• Criminal Convictions Policy

5. POLICY OWNER

5.1 The responsibility for this Policy falls under the remit of the Designated Safeguarding Lead, overseen by the  Student Experience and Opportunity Board. 

5.2 The responsible committee will ensure the cyclical review of this Policy is carried out under ACM’s Quality Assurance Framework.

6. DEFINITIONS

Sexual Misconduct: Sexual Misconduct covers a broad range of inappropriate and unwanted behaviours of a sexual nature. It covers all forms of sexual violence, including sex without consent, sexual abuse (including online and image-based abuse), non-consensual sexual touching, sexual harassment (unwanted behaviour of a sexual nature which violates your dignity; makes you feel intimidated, degraded or humiliated or creates a hostile or offensive environment), stalking, abusive or degrading remarks of a sexual nature, and a vast range of other behaviours.

Consent: Consent is the agreement to participate in a sexual act where the individual has both the freedom and capacity to make that decision. Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, and consent may be withdrawn at any time.

Freedom to consent: For consent to be present, the individual has to freely engage in a sexual act. Consent is not present when submission by an unwilling participant results from the exploitation of power, or coercion or force, regardless of whether there is verbal or physical resistance.

• Coercion or Force includes any physical or emotional harm or threat of physical or emotional harm which would reasonably place an individual in fear of immediate or future harm, with the result that the individual feels compelled to engage in a sexual act.

Capacity to consent: Free consent cannot be given if the individual does not have the capacity to give consent. Incapacitation may occur when an individual is asleep, unconscious, semi-conscious, or in a state of intermittent consciousness, or any other state of unawareness that a sexual act may be occurring. Incapacitation may also occur on account of a mental or developmental disability, or as the result of alcohol or drug use.

• Alcohol and/or Drug Use: Incapacitation arising from alcohol or drug consumption should be evaluated on the basis of how the alcohol/drugs have affected the individual; signs of incapacitation may include, but are not limited to, one or more of the following: slurred speech, unsteady gait, bloodshot eyes, dilated pupils, unusual behaviour, blacking out, a lack of full control over physical movements, a lack of awareness of circumstances or surroundings, and/or an inability to communicate effectively. Intoxication is never a defence for committing an act of Sexual Violence and Misconduct, or for failing to obtain consent. If there is any doubt as to the level or extent of one’s own or the other individual’s incapacitation, the safest approach is to not engage in a sexual act.

Disclosure: Disclosure means that an individual tells a member of the ACM community that they have experienced Sexual Misconduct (this is different from a formal Complaint).

Formal Complaint: Submitting a formal Complaint to ACM regarding an individual’s experience of Sexual Misconduct is an instruction for ACM to take appropriate action. The Complaint will allow ACM to investigate the misconduct as set out in this Policy and the accompanying processes.

Reporting Party: The Reporting Party is the person(s) who has made a formal Complaint regarding an experience of sexual misconduct.

Responding Party: The Responding Party is the person(s) named in a formal Complaint who is alleged to have committed an act of sexual misconduct.

Safeguarding: Safeguarding is the action that is taken to promote the welfare of all people and protect them from harm.

Sexual Harassment: Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature. It has the purpose or effect of violating the dignity of a worker, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Something can still be considered sexual harassment even if the alleged harasser didn’t mean for it to be. It also doesn’t have to be intentionally directed at a specific person.

Abuse:  any action that intentionally harms or injures another person

DSL: Designated Safeguarding Lead is the member of staff that coordinates all safeguarding concerns and oversees all referrals.

DDSL: Deputy Designated Safeguarding Lead is the member of staff who supports the DSL in maintaining the function of safeguarding throughout all campuses.

LADO: Local Authority Designated Officer

 

7. PROCEDURES

7.1 The details of the procedures relating to this Policy can be found in the accompanying procedure document.

8. EXHIBITS/APPENDICES/FORMS

8.1 This Policy has been written with reference to the following statutory guidance and legislation. For the avoidance of doubt, it should be noted that UK law carries ultimate authority:

• Keeping Children Safe in Education (DfE, 2021)
• Working Together to Safeguard Children (HM Government, 2018)
• What to do if you’re worried a child is being abused (DfE, 2015)
• Child sexual exploitation; definition and guide for practitioners (DfE, 2017)
• Sexual violence and harassment between children in schools and colleges (DfE, 2018)
• The Children Act 2004 (with later amendments),
• Safeguarding Vulnerable Groups Act 2006
• The Sexual Offences Act 2003
• Guidance for English Higher Education Institutions (HEIs) (DIUS, 2007)
• Protection of Freedoms Act 2012
• Children and Families Act 2014
• Care Act 2014
• Equality Act 2010
• Protection from Harassment Act 1997
• Office for Students (OfS) condition E6 Harassment and Sexual Misconduct;
• Information sharing: advice for practitioners providing safeguarding services to children, young people, parents and carers (HM Government, July 2018) 

9. SUPPORTING INFORMATION

9.1 There are no further supporting documents to this Policy.

10. DOCUMENT HISTORY AND NEXT REVIEW

Version:                          1.2

Approved on:                01 Sep 2025

Approved by:                Academic Board

Date of next review:     August 2026 

Download: POL064_Sexual Misconduct Policy