H&SM Policy

Kaplan International Pathways (Kaplan) is committed to fostering a safe, inclusive and supportive environment that is free from harassment and sexual misconduct. Kaplan will not tolerate harassment or sexual misconduct of any kind. All allegations of harassment and sexual misconduct will be investigated in accordance with this Policy and, if appropriate, disciplinary action will be taken.

This Policy seeks to raise awareness and understanding of the meaning of harassment and sexual misconduct and details how Kaplan seeks to support affected members of the Kaplan community such that these matters can be dealt with sensitively and efficiently.  This Policy also details how the Kaplan community will be supported if they feel that they have been bullied.  

In accordance with the Office for Students’ Condition E6 on harassment and sexual misconduct, this Policy is also known as the “single comprehensive source of information”.

This Policy is published in a prominent location on Kaplan’s public website, is communicated to all staff and students in writing at least once a year, and is included in the student and staff handbooks and promotional materials.

This Policy covers and applies to:

• all Kaplan students enrolled on higher education courses provided by, delivered by, or awarded by Kaplan, regardless of delivery method or location, including courses taught internationally or via distance learning, and students based outside the UK; and
• all Kaplan staff, contractors, anyone else otherwise engaged to work for or with Kaplan and any Kaplan job applicants at any stage of the employment relationship, whether based inside or outside of the UK (the Kaplan Community).

Kaplan will investigate and address incidents of harassment and sexual misconduct affecting the Kaplan Community in line with this Policy, to the extent permitted by local laws and practical constraints.

This Policy aims to protect the dignity, rights, and safety of everyone in the Kaplan Community and to ensure compliance with the Office for Students’ Condition E6 on harassment and sexual misconduct.

This Policy provides an overarching framework regarding:

• how allegations of harassment and/or sexual misconduct can be reported and investigated; and
• how outcomes of investigations will be reached and communicated to the persons directly involved in the report and beyond, where necessary.

Whilst this Policy aims to be as wide-ranging as possible, it is acknowledged that the circumstances of each report of harassment and/or sexual misconduct will be different and as a result, it is impossible to address every instance and possible outcome in this one Policy. Every report of harassment and sexual misconduct will, therefore, be treated and investigated independently in accordance with the individual circumstances of that report.

This Policy also extends beyond physical premises and covers harassment and sexual misconduct that may take place online, and in particular on social media.

The behaviours covered by this Policy may be physical, verbal and non-verbal (including the sending of letters, emails and instant messages across any medium).

Office for Students’ Condition E6 details a number of minimum content requirements which this Policy must cover. This Policy goes above and beyond those minimum content requirements but the Minimum Content Requirements take precedence over any other information listed in this Policy.

Kaplan staff

This Policy is applicable to all Kaplan staff.  Please note that there are additional staff-specific, Kaplan group policies concerning harassment and sexual misconduct including the Anti-Bullying and Harassment Policy and our Staff and Student Relationships Policy. For the avoidance of doubt, intimate, personal relationships between relevant staff members and students are strictly prohibited. In this context and with reference to the definition stated in the Office for Students’ Condition E6, “relevant staff member” means: a member of staff who has direct academic/operational responsibilities, or other direct professional responsibilities, in relation to that student.

We recommend reading the staff-facing policies alongside this Policy

All of our policies are aligned, so there should not be any conflicting information, but this Policy (the Policy that you are currently reading) is the most comprehensive source of information concerning sexual harassment and misconduct.

WWe are proud to be a diverse and inclusive community, welcoming students, staff and contractors from a wide range of cultural backgrounds. We recognise that understanding of behaviour, communication, and personal boundaries may differ across cultures. We also recognise that international students may be particularly vulnerable given the potential distance from their familiar support networks and a possible lack of familiarity with British culture. Kaplan has accordingly adapted its policies and processes to reflect the needs of the Kaplan Community, with particular reference to students who are under 18 or who are vulnerable adults.

This Policy is based on the core principles of respect, dignity, and safety that underpin Kaplan’s values. All students, staff and contractors are expected to uphold these principles and adhere to the standards set out in this Policy, regardless of cultural differences.

We help with this by:

• providing training and resources to help students and staff navigate cultural differences while fostering a respectful and inclusive environment;
• encouraging open dialogue and discussions about cultural perspectives while ensuring that no behaviour that constitutes bullying, harassment, or sexual misconduct is excused on the basis of cultural norms; and
• providing support and guidance to students and staff who need clarification on expectations or who face challenges related to cultural differences.

Our commitment is to create a safe and welcoming environment for all, where mutual respect is the foundation of our diverse and global community.

Harassment

Harassment has the meaning given in section 26 of the Equality Act 2010 and section 1 of the Protection from Harassment Act (PHA) 1997 (in its entirety, and as interpreted by section 7 of the Act). The definitions contained in the legislation have been summarised below.

Harassment, including sexual harassment, may be unwanted behaviour or conduct related to relevant protected characteristics, which are: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex and sexual orientation; that:

• has the purpose of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person; and/or
• is reasonably considered by that person to have the effect of violating their dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them, even if this effect was not intended by the person responsible for the conduct.

Harassment does not always have to be behaviour or conduct related to protected characteristics. It can also be a course of conduct:

• conducted on at least two occasions that harasses one other person;
• that harasses two or more persons at least once each.

References to harassing a person include alarming the person or causing the person distress.

 Harassment can occur regardless of intent, as people have different boundaries. If a reasonable person would recognise the behaviour as likely to offend, the behaviour could be defined as harassment, even if the victim has not explicitly stated their objection or made it clear in advance that the behaviour is not acceptable to them. This includes physical contact of a sexual nature.

Sexual misconduct

Sexual misconduct means any unwanted or attempted unwanted conduct of a sexual nature and includes, but is not limited to:

• sexual harassment;
• sexual assault; and
• rape.

Should any member of the Kaplan Community experience harassment or sexual misconduct, this will be dealt with through the relevant disciplinary procedure. Harassment and sexual misconduct will be considered a serious disciplinary offence, which may lead to permanent exclusion. Serious harassment or sexual misconduct may amount to other civil or criminal offences.

Bullying

Bullying is offensive, intimidating, malicious or insulting behaviour, and/or an abuse or misuse of power that is meant to undermine, humiliate, or injure the recipient physically and/or emotionally.

Bullying can include physical, verbal, or non-verbal conduct and is not necessarily carried out in-person. Bullying can also be carried out via email, phone calls or online, via social media or other online sources (this is known as cyber-bullying). Kaplan takes all forms of bullying very seriously, regardless of how it is inflicted.

Kaplan is committed both to protecting members of the Kaplan Community from harassment and sexual misconduct and to protecting lawful freedom of speech.

The expression of ideas, beliefs, views or opinions will not, in itself, constitute harassment or sexual misconduct solely because those ideas, beliefs, views or opinions are unpopular, controversial, offensive or upsetting.

Whether conduct amounts to harassment or sexual misconduct will be assessed in accordance with the definitions set out in this Policy and all relevant circumstances of the case.

Harassment and sexual misconduct have profound and lasting effects on individuals and the community. Such behaviours can lead to:

• emotional distress and psychological harm, including anxiety, depression, and decreased self-esteem;
• disruption of the learning environment, negatively impacting academic performance and engagement;
• erosion of trust and respect amongst Kaplan Community members, undermining the institution’s commitment to inclusivity;
• increased absenteeism and dropout rates, as victims may feel unsafe or unwelcome; and/or
• legal repercussions for both individuals and Kaplan.

Below is a non-exhaustive list of behaviours that may be covered by this Policy. The majority of these behaviours can be conducted in-person or online (and may include the sharing of any comments, images or videos online) and this should be borne in mind when considering the following list. Please note that in an effort to raise awareness of the prevalence of such behaviours, we have also chosen to include domestic violence, coercive control, stalking and image-based sexual abuse in the below list. The conduct covered by those behaviours will often be considered harassment and/or sexual misconduct.

Harassment

• Offensive comments or jokes related to race, gender, sexual orientation, religion, age, disability, or any protected characteristic.
• Displaying or distributing offensive or inappropriate material, whether digital or physical, that creates a hostile environment.
• Physical intimidation or unwelcome physical contact.
• Repeated, unwanted advances or communication that continues after being asked to stop.
• Using one’s position of power to coerce, intimidate, or mistreat others.

Bullying

• Repeated, deliberate insults, threats, or malicious behaviour intended to demean or undermine an individual.
• Spreading rumours or personal information with the intent of causing harm.
• Isolating or excluding someone socially in a way that negatively impacts their wellbeing or work.
• Overbearing supervision or constant, unreasonable criticism aimed at humiliation.
• Cyberbullying through emails, social media, or other digital platforms designed to cause harm.

Sexual Misconduct

• Unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature.
• Sharing or displaying sexually explicit material without consent.
• Sexual coercion, including any attempt to pressure someone into sexual activity.
• Any form of sexual assault, including unwanted physical contact or engaging in sexual activities without clear and enthusiastic consent.
• Using position, power, or influence to solicit sexual favours.

Domestic Violence

• Any act of violence, intimidation, or abuse occurring within a domestic setting, whether physical, emotional, psychological, or financial.
• Threats, coercion, or manipulation aimed at controlling the victim’s actions or decisions.
• Destroying property, isolating the victim, or restricting access to financial or personal resources.

Coercive Control

• A pattern of controlling behaviours, such as surveillance, isolation, or manipulation, used to dominate and restrict a person’s freedom or autonomy.
• Monitoring activities, limiting access to friends or family, and controlling decision-making.
• Using intimidation, emotional abuse, or threats to enforce dependency or compliance.

Stalking

• Persistent and unwanted surveillance, following, or communication that causes fear or distress.
• Monitoring a person’s online activity, showing up at their home or workplace uninvited, or repeatedly sending unsolicited messages.
• Using tracking devices or third parties to obtain information about a person’s location or activities.

Image-Based Sexual Abuse

• Sharing or threatening to share intimate or sexually explicit images or videos of another person without their consent.
• Creating or distributing digitally altered content that depicts someone in a sexualised manner without their permission.
• Using images to blackmail, humiliate, or coerce an individual.

As an initial step, if possible and where you feel safe enough to do so, you should try to resolve the matter informally. If an informal approach does not resolve matters, you feel uncomfortable trying to resolve the matter informally yourself, or you think the situation is too serious to be dealt with informally, you should report your concerns formally as detailed below.

The reason that we suggest that you may wish to resolve the matter informally is because in some cases, the person may not know that his/her behaviour is unwelcome or upsetting. You may feel able to approach the person yourself, or with the help of someone from your college or your accommodation. You should tell the person what behaviour you find offensive and unwelcome and say that you would like it to stop immediately. You may want to add that, if the behaviour continues, you intend to make a formal complaint. You should keep a note of the date and what was said and done as this will be useful if the behaviour continues and you wish to make a formal complaint.

Reporting incidents of harassment and/or sexual misconduct:

We take all reports of harassment and sexual misconduct seriously and provide multiple avenues for you to report such incidents. Anyone who has experienced or witnessed harassment and/or sexual misconduct is encouraged to report the matter as soon as possible, in any of the following ways. Please note that depending on your role within the Kaplan Community, certain options may not be available to you. The below detail provides clarity regarding what method of reporting may be best in your circumstances:

• In-person reporting: Any member of the Kaplan Community who wishes to report incidents of harassment or sexual misconduct in-person have the option to meet with any Kaplan staff member that they feel comfortable talking to. All Kaplan staff that are likely to be involved in receiving disclosures about incidents of harassment and/or sexual misconduct are trained to handle sensitive matters in a confidential and supportive manner. In-person reports will usually need to be made during normal working hours (usually 9am-5pm UK time) and an appointment may need to be made to see a specific member of staff.
• Email or Microsoft Teams reporting: If you are a Kaplan student or Kaplan staff member, you may choose to report incidents of harassment or sexual misconduct by sending an email or Teams message (if you have access to the Kaplan Teams system) to a member of Kaplan staff. It is important to only contact Kaplan staff using their Kaplan email address or Teams account. It is useful to include a clear subject line to help the member of staff prioritise and manage the report appropriately. Please note that emails may not be read or responded to outside of normal working hours.
• Online reporting: We offer a secure, confidential online reporting form where Kaplan students can submit any details about incidents of harassment and/or sexual misconduct. The form can be accessed through the VLE (the Virtual Learning Environment) or by contacting the College Services Team. The form can be completed at any time, ensuring convenience and accessibility.
• The Ethics Hotline: If you are a Kaplan member of staff, you may wish to report incidents of harassment and/or sexual misconduct via our Ethics Hotline.
• An anonymous report:  While anonymous reporting may limit the actions we can take, all reports are taken seriously and handled in line with our commitment to support and investigate concerns wherever possible. Please make an anonymous report as below:
  • If you are a student, please refer to the QR code displayed in your college or residence which will take you to an anonymous reporting form;
  • If you are a member of staff, please follow this link: https://forms.office.com/r/93qGkvtiBU  

We will investigate anonymous reports as fully as possible. However, remaining anonymous may limit the actions we can take. Wherever possible, we encourage reporters to include contact details so we can offer support and keep them updated.

• Third-party reporting: In some cases, students may prefer to have a trusted third party report the incident on their behalf. The third party should have the consent of the individual reporting the incident to ensure privacy and accuracy.

Even if you choose not to make a formal report, we will provide you with the same support as if you had made a formal report if wish for us to do so. 

It is also important to understand that if you are a student, you are entitled to seek and secure legal representation at any stage, should you feel you need it.

Historic reports

We understand that we may receive reports of incidents of harassment and/or sexual misconduct of a historic nature. If you wish to make a report of this type, we encourage you to do so, and we will investigate it as comprehensively as possible.  However, as with anonymous reports, we may not always have the power to investigate such claims with as much vigour as may be achievable with more recent events. Regardless of this, we will always ensure that welfare support and advice is provided.

Overseas disclosures

As an international organisation, we understand that we may receive reports or disclosures of harassment and/or sexual misconduct occurring overseas. We welcome and encourage such disclosures. However, our power to thoroughly investigate such reports is limited due to jurisdictional and legal constraints. In such circumstances, we will ask you if you wish to make a report to the authorities in your home country, or the country in which you reside, and if you wish to do so, we will support you in making that report. If you do not wish to do so, you will be provided with welfare support and advice.

Reporting to the police

Please note that if you report your concerns to Kaplan, this does not also stop you from reporting your concerns to the police. We are unable to make reports on your behalf (unless we feel that you are at risk of further harm or others are at risk of further harm) but we can provide support with a report should you need it. Please note that if you choose to make a report both to us and to the police:

• we do not have to wait for the outcome of the police investigation in order to act on the report made to us; and
• we do not have to adhere to the outcome of the police investigation or a court verdict. A charge brought by the police or the finding of a guilty verdict by a court can provide us with guidance, but we are not bound to mirror that outcome in our investigation. Equally, a charge not brought, or a not-guilty verdict will be treated in the same way. 

If you think you have been a victim of sexual misconduct and you are thinking of making a report to the police, you may find this guidance, published by Rape Crisis, a charity working to end sexual violence and abuse, helpful.

If you are in the UK, you can also make an anonymous report to Crimestoppers at any time on 0800 555 111 or by using their online form: Giving information anonymously | Crimestoppers. Crimestoppers is not the police, but they will send your anonymous report to the relevant authorities with the legal responsibilities to investigate crimes, make arrests and charge people.

After a report has been made

 If a report of a suspected case of harassment and/or sexual misconduct is made to a member of Kaplan staff in the course of their normal duties, this will be escalated in accordance with company policy. This may involve the disclosure of a report to another member of staff who has received specialist training (where the staff member to whom the initial report was made has not received such training).

Kaplan will treat complaints of harassment and sexual misconduct sensitively and maintain confidentiality to the maximum extent possible. Investigations of allegations will require limited disclosure on a “need-to-know” basis only.

If a formal report is made, a number of “parties directly affected” by an investigation and outcome will be established, namely:

• The complainant. is the person that alleges or has experienced incidents of harassment and/or sexual misconduct.
• The actual or alleged perpetrator. is the person who is accused of having committed the act(s) of harassment and/or sexual misconduct.
• The witnesses are those who have been in the presence of and/or witnessed the incidents of harassment and/or sexual misconduct which may be the subject(s) of the allegation, or otherwise connected to the allegation.

If any or all of the parties directly affected by an investigation and/or outcome are residents of KL but not Kaplan students, we may be required to share details of a report, on a strictly confidential basis, to the institution at which they are enrolled as a student.

Kaplan does not use or permit non-disclosure agreements (NDAs) or any other contractual provisions that prevent or restrict students from disclosing information about allegations of harassment or sexual misconduct.

Communication after a report has been made

Both the complainant and the actual or alleged perpetrator will be informed of the progress of any investigation and our final decision and resolution. We ensure fairness and transparency in communicating progress and decisions, as outlined below:

• Ongoing communication: The complainant and actual or alleged perpetrator will be updated on the status of an investigation at its key stages, including the initial acknowledgment of the report, any receipt of evidence and the final decision(s).
• Decision notification: After an investigation or resolution process has been concluded, both the complainant and the actual or alleged perpetrator will receive a formal written statement of the decision and outcome, including whether any corrective actions have been taken and the reasons for the decision.

Victimisation

Victimisation is also covered by this Policy. Victimisation is subjecting a person to a detriment because they have in good faith made a complaint of harassment and/or sexual misconduct (which may either be for themselves or on behalf of someone else). Provided that you act in good faith (i.e. you genuinely believe that your allegation is true and accurate), you have a right not to be victimised for making a complaint of harassment or sexual misconduct. Kaplan will take appropriate action to deal with any alleged victimisation. Making an allegation that you know to be untrue or giving evidence that you know to be untrue may lead to disciplinary action being taken against you. any alleged victimisation. Making an allegation that you know to be untrue or giving evidence that you know to be untrue may lead to disciplinary action being taken against you.

When a member of the Kaplan Community makes an allegation of harassment, or sexual misconduct, Kaplan is committed to handling their personal data with the utmost respect, confidentiality, and in full compliance with data protection laws. Please see below for more detail:

• Confidentiality and Privacy: Information related to the allegation will be kept confidential and only shared on a strictly need-to-know basis with trained Kaplan staff handling the investigation and support processes. Any recipients of information related to any allegation(s) will also treat the information received as confidential.
• Data Security: All records and information gathered will be securely stored in restricted-access systems, accessible only by the members of Kaplan staff who are investigating the allegation(s). Measures are in place to protect data from unauthorised access, misuse, or loss.
• Data Sharing: Other than as detailed above, Kaplan Community data will only be shared with external parties if required by law (e.g., in cases of safeguarding or reporting obligations), where Kaplan has a serious concern about the welfare of any of the parties involved or with explicit consent from the person or persons involved.
• Retention and Disposal: Personal data will be retained only as long as necessary:

• to complete the investigation;
  • to carry out any follow-up actions;
  • to keep a record of the allegation(s), the subsequent investigation and any findings regarding the student, Kaplan staff member or contractor; and/or
  • to comply with legal obligations.

Following this, data will be securely deleted.

Kaplan is dedicated to protecting students’ privacy throughout the reporting, investigation, and resolution process, ensuring care, transparency and respect for all individuals involved. All steps will be taken to ensure that information is handled sensitively, confidentially and fairly.

Once you have made a report of harassment or sexual misconduct, your report will be fully investigated and Kaplan may bring disciplinary proceedings against the actual or alleged perpetrator, if appropriate.

If necessary, whilst the investigation is ongoing, Kaplan will use all reasonable endeavours to minimise or cease contact and/or close proximity between you and the actual or alleged perpetrator .

The investigatory process

We are committed to ensuring that all investigatory and disciplinary processes related to bullying, harassment, and sexual misconduct are conducted fairly, transparently, and without any reasonable perception of bias. In order to do this, we uphold the following principles:

• Independence and Impartiality: All cases will be handled by trained Kaplan staff who have no personal, academic, or professional conflicts of interest with the parties involved. Investigators and decision-makers will also be separated.
• Objective Decision-Making: Investigations and disciplinary decisions will be based on evidence, following due process and institutional policies.
• Right to a Fair Process: All parties involved will have an equal opportunity to present their accounts, submit evidence, challenge evidence if they wish, and respond to findings.
• Review and Appeals: If you are unhappy with the outcome of the investigation, including where you believe that bias may have affected the investigatory process, you may raise concerns in accordance with our Student Disciplinary Procedure or our Staff HR Disciplinary Policy.

By upholding these principles, we can ensure that all proceedings are conducted with fairness, integrity, and respect for all individuals involved.

If someone approaches you informally about your behaviour, do not dismiss the complainant out of hand because you were only joking or think the complainant is being too sensitive. You may have offended someone without intending to. If that is the case, the person concerned may be content with an explanation and an apology from you and an assurance that you will be careful in future not to behave in a way that you now know may cause offence.

If a formal complaint is made about your behaviour, this will be fully investigated (in line with “The investigatory process” detailed above) and Kaplan may bring disciplinary proceedings against you, if appropriate.  If you are a Kaplan student or staff member the investigation will follow our disciplinary procedures and policies and you will have the rights set out in those documents. If necessary, whilst the investigation is ongoing, Kaplan will use all reasonable endeavours to minimise or cease contact and/or close proximity between you and the complainant. This may include (but is not limited to) timetable changes, accommodation changes (if you are a student), no-contact arrangements or temporary workplace adjustments (if you are staff). You may be suspended whilst an investigation is ongoing. This is not an assumption of guilt or a form of disciplinary action; a suspension is intended to ensure that a fair investigation is carried out.

Please review our complaints process and disciplinary procedure linked below

• KI Pathways Student Complaints Process
• KI Pathways Staff Grievance Policy
• KI Pathways Student Disciplinary Procedure
• KI Pathways Staff HR Disciplinary Policy

The parties directly affected by the original investigation (the complainant, the actual or alleged perpetrator and the witnesses) will be informed once a decision regarding the investigation has been reached.  Where strictly necessary, Kaplan may also be required to share the outcome of the investigation with interested parties, including (but not limited to):

• parents or guardians (where one or more of the parties directly affected are under 18);
• a line manager (where one or more of the parties directly affected is a Kaplan member of staff or external contractor);
• if you are a student but you are not enrolled with Kaplan, the institution at which you are enrolled.

We will only share relevant information where the proposed recipient has confirmed that they will treat the information that they receive as strictly confidential.

If the complaint is upheld

Students

If you are a student: any breach of this Policy will be considered under Kaplan’s Student Disciplinary Procedure. Outcomes may include a warning, suspension, or permanent exclusion/termination, depending on the severity and circumstances of the incident

Staff

If you are a member of staff:  any breach of this Policy by a staff member will be considered under Kaplan’s HR Disciplinary Policy. Disciplinary action will be proportionate to the nature and severity of the breach and will follow a fair and transparent process that reflects the principles of natural justice, as required by the Office for Students’ Condition E6. Disciplinary outcomes may include, but are not limited to:

• Written warning;
• Mandatory training or re-training;
• Final written warning; and
• Dismissal for gross misconduct (including for serious or repeated breaches).

Kaplan applies a progressive disciplinary approach where appropriate, meaning that less serious breaches may initially result in a warning or developmental action. However, serious misconduct — or repeated or escalating breaches — may lead to stronger sanctions, including dismissal. All decisions will be clearly documented and communicated to the staff member concerned, and they will have the right to appeal in accordance with Kaplan’s Staff HR Disciplinary Policy.

Another member of the Kaplan Community

If you are another member of the Kaplan Community and you are found to have committed the acts of which you are accused, your contract with Kaplan may be terminated.

If the complaint is not upheld

If the complaint is not upheld, all parties directly affected will receive support to help resume or repair relationships if they wish to do so. If necessary, Kaplan will continue to use all reasonable endeavours to minimise or cease contact and/or close proximity between the alleged perpetrator and the complainant.

If you, as the complainant or the actual or alleged perpetrator, are unhappy with the decision reached, you may be able to appeal in accordance with our Student Disciplinary Procedure or our Staff HR Disciplinary Policy.

Criminal or civil proceedings

Some types of harassment or sexual misconduct may constitute unlawful behaviour and allegations may give rise to the possibility of other civil claims or criminal proceedings against the actual or alleged perpetrator. Such proceedings would occur independently of Kaplan’s internal investigations and disciplinary process. Any decision reached by Kaplan as part of an internal investigation does not constitute a legal ruling regarding whether criminal activity has taken place. Similarly, in our internal investigations, we are not bound by any decision reached in external proceedings, legal or otherwise. 

Please be aware that the outcome of Kaplan’s internal investigation and any subsequent appeal will be based on the balance of probabilities. This means we ask:

does the evidence presented suggest that it is more likely than not that the actual or alleged perpetrator committed the act of harassment or sexual misconduct?

This is different from criminal investigations where the burden of proof is higher. In criminal proceedings, the question is:

does the evidence presented suggest it is beyond all reasonable doubt that the actual or alleged perpetrator committed the act of harassment or sexual misconduct?

Legal advice

You are entitled to seek legal advice at any stage should you feel you need it. However, this advice shall need to be self-funded; Kaplan is not able to assist with funds for legal advice of this nature.ds for legal advice of this nature.

Kaplan is committed to protecting the Kaplan Community from harassment and sexual misconduct. In order to do this, we are:

• Promoting awareness. Kaplan is conducting regular training and educational programs for staff and students on acceptable behaviour, consent, and the reporting of incidents.   
• Providing support. Kaplan offers confidential counselling, support and guidance to anyone affected by harassment or sexual misconduct.
• Implementing fair procedures. Kaplan ensures that all complaints are addressed promptly, fairly and confidentially following a transparent and impartial process.
• Ensuring accountability. Kaplan takes disciplinary action, including suspension, expulsion or termination where appropriate.
• Consulting with students. Kaplan consults with students and their representatives to ensure policies are appropriate for its particular student population.
• Carrying out evidence-based evaluation of processes. Kaplan carries out credible and evidence-based evaluation of policies and processes and reviews and adjusts its approach accordingly.
• Monitoring workplace culture (in the case of Kaplan staff). Kaplan monitors its workplace culture by regularly carrying out anonymous surveys, performing exit interviews, holding one-to-one meetings between line managers and employees and creating employee resource groups to identify and address issues.
• Exploring data collection. Kaplan is in the process of exploring how it might collect and publish data on the prevalence and reporting of harassment and sexual misconduct within its community.

Staff training

In compliance with the Office for Students’ Condition E6, Kaplan requires staff based in the UK who are likely to be involved in receiving disclosures about incidents of harassment and/or sexual misconduct, undertaking investigations and making decisions about disciplinary cases to complete regular training on recognising, preventing, and responding to harassment, and sexual misconduct. As an organisation, we conduct basic and enhanced training.

Training is conducted during inductions with new hires and annually thereafter. Training will also be given as needed to reflect policy updates, ensuring all staff are fully prepared to contribute to a safe and supportive college community.

Training is delivered through a combination of face-to-face and online study modules. Staff can access this Policy and further associated policies and guidance in KI Connect (Kaplan’s internal policy portal). We also encourage staff to undertake further training with external training bodies wherever relevant and available (provided Line Manager permission has been granted). Regular reminders for completion of training are sent by the Kaplan Compliance Team and we frequently assess the suitability and contents of all staff training.

• Basic mandatory training is given to all Kaplan staff, including staff in regulated contact with students;
• Enhanced training is given to all Kaplan staff who (1) have more responsibility for student welfare and safeguarding; and/or (2) directly investigate sexual misconduct. Both the basic and enhanced training is mandatory for such staff.

All training equips Kaplan staff with:

• Awareness and recognition training. We commit to ensuring that staff:
  • understand what behaviours amount to harassment and sexual misconduct;
  • understand the nature of harassment and sexual misconduct, including how these behaviours impact the college community and learning environment;
  • are educated on the content of this Policy and any procedures related to harassment and sexual misconduct and their practical application;
  • understand the specific requirements of Condition E6 and how these have been implemented into this Policy and related procedures and practices;
• Response and reporting procedures training. We commit to ensuring that staff:
  • know Kaplan’s procedures for addressing complaints and reports, including how to support students in reporting incidents safely and confidently;
  • where they are likely to be involved in receiving disclosures, investigating, or making decisions:
    • are educated on how to appropriately support students who wish to make or have made allegations or complaints or have alleged or experienced harassment and/or sexual misconduct;
    • are trained on how to support students who are the actual or alleged perpetrators of harassment and/or sexual misconduct;
    • are provided with guidance on how information is to be collected sensitively and treated with appropriate confidentiality in accordance with data protection legislation.
• Prevention training. We commit to ensuring that staff:
  • are educated on behaviour which may constitute harassment and sexual misconduct;
  • understand appropriate professional boundaries in their relationships with students.
• Investigation training. We commit to ensuring that staff:
  • are able to conduct investigations into allegations of harassment and sexual misconduct and make decisions which are credible, fair and otherwise reflect established principles of natural justice in practice;
  • are equipped to handle evidence and maintain confidentiality.
• An understanding of their legal and ethical responsibilities. We commit to ensuring that staff understand their responsibilities under legal frameworks and Kaplan policies to uphold a safe, respectful, and inclusive environment. This includes an understanding of this Policy, also known as the “single comprehensive source of information” under the Office for Students’ Condition E6.
• An understanding of free speech principles. We commit to ensuring that staff receive training to ensure that that have a proper understanding of relevant free speech rights and responsibilities.

Student training

In line with the Office for Students’ Condition E6, Kaplan requires all students to complete training on harassment, and sexual misconduct to ensure a safe, respectful, and inclusive college environment. This training provides students with:

• Awareness and prevention tactics: Understanding the forms and impacts of harassment, and sexual misconduct, including how to identify behaviours that may amount to harassment and sexual misconduct, how to prevent these behaviours and how to foster respectful interactions;
• An understanding of consent and how to establish boundaries: Clear guidance on consent, personal boundaries, and respectful communication in all interactions;
• How to report and seek support: Information on how to safely report incidents, seek support, and understand Kaplan’s response procedures. This includes ensuring an understanding of this Policy on each year of registration with us.

This training is mandatory for all new students. It is offered during their induction and is ongoing throughout the academic year (in module content and on the VLE (student section)) to reinforce our commitment to a respectful and safe community.

Students are given access to this Policy (also known as, in accordance with the Office for Students’ Condition E6, the “single comprehensive source of information”) when they register at the start of each year of study. This Policy also forms part of the training that students receive during their induction. This Policy and any associated policies are available in the VLE (student section).

As outlined earlier in this Policy, we recognise that we welcome students from a wide range of backgrounds. Therefore, our training is sensitive to the cultural differences and vulnerabilities of international students and is appropriate for students for whom English may be a second language.international students and is appropriate for students for whom English may be a second language.

Kaplan is committed to providing comprehensive support to any member of the Kaplan Community affected by harassment and/or sexual misconduct. Kaplan will provide support regardless of whether an individual chooses to make a formal report, participate in an investigation, report a matter to the police, or pursue any other external process.

Support services for Kaplan students include:

• College Services: College Services have specially trained staff who can support you or signpost you to other support services. This may include referrals to trained counsellors, medical services and/or legal assistance. Whether you require, emotional support, mental health care, legal advice or any other specialised care, we will be able to provide or help source the assistance that you need.
• Academic and accommodation adjustments: We may be able to make flexible adjustments to academic responsibilities, schedules, or accommodation arrangements to ensure your welfare and well-being, and to maintain a respectful and safe college environment for all parties;
• Student Assistance Programme: We can make referrals to the Student Assistance Programme for 24hr phone line support and to a wellbeing app:
  • If you are a student at a Kaplan college or residence in England, our Student Assistance Programme is run by Health Assured:
    • For telephone support, please call: 0800 028 0199; or
    • For online support, please download the “Wisdom” app and input the unique Kaplan code given to you by your college or residence.
  • If you are a student at a Kaplan college or residence in Scotland, our Student Assistance Programme is run by the PAM Group:
    • For telephone support, please call: 0808 196 3533; or
    • For online support, please download the “PAM Assist Wellbeing” app and input the unique Kaplan code given to you by your college or residence.

Support services for Kaplan staff include:

• Human resources (HR): Our HR team members are trained advisors and can provide information on Kaplan procedures and the rights and responsibilities of all parties involved in or affected by incidents of harassment and/or sexual misconduct.
• Line Managers: Your Line Manager is available to discuss any concerns or requests for adjustments you may have and can provide guidance on accessing available support services. They work in collaboration with HR.
• Role adjustments: We may be able to make flexible adjustments to your working responsibilities, schedule, or working arrangements to ensure your safety and well-being;
• Medical and legal referrals: We have specially trained staff who can provide referrals to Occupational Health professionals on request, to help staff affected access specialised advice. We can also provide referrals to trained counsellors, medical services or legal assistance, depending on the support that you need.
• Employee Assistance Programme (EAP): All Kaplan staff have access to the EAP via this link: https://wisdom.healthassured.org/ . This provides access to the EAP Wellbeing Portal, and details regarding 24hr phone line support.

These support services are designed to ensure that all members of the Kaplan Community are treated fairly, with dignity and respect, and have access to the resources they need during this process.

External support services

In addition to the support available through Kaplan, members of the Kaplan Community may also wish to access independent specialist organisations. External support can be accessed whether or not a formal report is made to Kaplan, the police, or any other external process is pursued. Depending on the nature of the concern, the following organisations may be able to provide confidential advice, emotional support, practical guidance, advocacy, or information about available options:

• Rape Crisis England & Wales – provides support for anyone affected by rape, sexual assault, sexual harassment, or any other form of sexual violence, including access to specialist support services and information about reporting options.
• Rape Crisis Scotland – provides support and information for people affected by sexual violence in Scotland.
• Victim Support – provides free and confidential support to victims of crime and traumatic incidents, regardless of whether the matter has been reported to the police.
• SurvivorsUK – provides support services for men, boys, and non-binary people who have experienced sexual violence or abuse.
• Galop – provides specialist support for LGBT+ people who have experienced sexual violence, domestic abuse, hate crime, or other forms of abuse.
• Sexual Assault Referral Centres (SARCs) – offer specialist medical care, forensic services, practical assistance, and emotional support following sexual assault, including for individuals who do not wish to report the matter to the police.
• The NHS – can provide access to medical treatment, mental health support, counselling services, and referrals to specialist services where appropriate.

Kaplan staff can assist members of the Kaplan Community in identifying and accessing appropriate external support services where required. Individuals are free to access any external support organisation of their choice and do not need to notify Kaplan before doing so. Support from Kaplan remains available regardless of whether an individual chooses to access external support services or participate in any internal or external reporting process.

A culture of respect, safety, and inclusivity is everyone’s responsibility. Below are examples of how the Kaplan Community can work together to create and maintain an environment free from harassment and sexual misconduct:

• Model respectful behaviour: Demonstrate respectful communication, active listening, and positive interactions in all settings—classrooms, offices, communal areas, residences, and online;
• Practice Active Bystander Intervention: If witnessing harassment, sexual misconduct or other inappropriate behaviours, intervene by offering support to those affected (if you feel you are able to do safely), redirecting situations (if you feel you are able to do safely) or notifying a responsible party;
• Engage in your mandatory training programs: Actively participate in your mandatory training sessions on harassment prevention, consent, bystander intervention, and respectful communication;
• Encourage open dialogue: Promote open and respectful discussions about boundaries, consent, and diversity, creating an environment where everyone feels comfortable voicing concerns and offering feedback;
• Support peer reporting: Encourage the Kaplan Community to report incidents or concerns without fear of retaliation, reinforcing that Kaplan takes all reports seriously and handles them with confidentiality and respect;
• Respect privacy and confidentiality: Avoid sharing personal information or rumours about individuals involved in reports of misconduct and respect the confidentiality of all reporting and resolution processes.
• If you are a Kaplan member of staff, familiarising yourself with our Code of Business Conduct. Our Code of Business Conduct outlines how we create a respectful and healthy working and studying environment.
• Speak up. If you experience or witness harassment and/or sexual misconduct, we encourage you to speak up without delay and to ask for appropriate support.

By practicing these behaviours, our community can foster a safe, supportive environment where everyone feels valued and protected.

This Policy should be used in conjunction with the following other Kaplan policies for more detailed information:

• Under 18 Policy
• Code of Conduct for Staff
• E-Safety Policy
• Web Filtering and On-line Safety Policy
• Whistleblowing Policy
• Red & Yellow Alert Policy
• Acceptable Use Policy
• Staff and Student Relationship Policy
• Student Complaint Policy
• HR Disciplinary Policy
• Student Disciplinary Procedure
• Safeguarding Policy

Change Log

Version 1.2 — 20 July 2026

The Policy was updated to strengthen alignment with OfS Condition E6. The changes include:

(i) the introduction of a dedicated section on freedom of speech and academic freedom;

(ii) clarification of Kaplan’s arrangements for retaining and publishing historical versions of this Policy;

(iii) expanded information regarding external specialist support services available to students and staff affected by harassment and sexual misconduct;

(iv) increased prominence of Kaplan’s commitment to provide support regardless of whether a formal report is made;

(v) clarification of precautionary measures that may be implemented during investigations;

(vi) additional information regarding the steps Kaplan is taking to further protect students from harassment and sexual misconduct;

(vii) amendment of terminology relating to intimate personal relationships between staff and students to align with OfS Condition E6, updates to Equality Act protected characteristic terminology, and other minor drafting clarifications; and

(viii) the introduction of enhanced document control arrangements.

Version 1.1 — 31 July 2025

This was the initial publication of the Policy as Kaplan’s single comprehensive source of information regarding harassment and sexual misconduct.

Kaplan will retain previous versions of this Policy for a minimum period of six years. Historic versions will be made available upon request and, where reasonably practicable, will be published alongside the current version. Where substantive amendments are made, Kaplan will publish a summary of those changes in this section to ensure transparency and compliance with Office for Students Condition E6 requirements regarding policy accessibility, version control and change tracking.