Staff Handbook Section 16 - Harassment Policy and Complaints Procedure
Index to Section 16
Introduction and Background Information
Harassment Complaints Procedure
Reconsideration by the College Council
INTRODUCTION AND BACKGROUND INFORMATION
1. In recent years, both the European Community and the UK Government have advised employers to adopt the following procedures:
a. Advise staff as to what constitutes harassment and make it clear that this is unacceptable behaviour;
b. Set out a process under which complaints alleging harassment can be made;
c. Ensure that Heads of Department know that it is their responsibility to ensure that harassment does not occur;
d. Ensure that all staff know and understand the policy and the complaints process;
e. Ensure that the complaints procedure is clear and that the confidentiality and anonymity of the complainant is protected;
f. Provide suitable counselling facilities;
g. Investigate all complaints swiftly and fairly; and
h. Apply sanctions against those found responsible.
2. As a result of these recommendations and as a necessary supplement to the College's Equal Opportunities Policy, the College has prepared this harassment policy statement. All members of staff have a positive duty to ensure that this policy is adhered to and that corrective action is taken, if necessary.
3. The College recognises the right of all staff to be treated with respect and dignity and is committed to the development of positive policies for the elimination of sexual or racial harassment or harassment on the grounds of disability and any other grounds.
4. This policy applies to staff at every level and applies to all types of harassment. It is recognised that men as well as women may be sexually harassed.
5. The Legal Position Sexual harassment or harassment on the grounds of age, disability, sexual orientation, gender, marital status, race, ethnic or national origin, religion, colour or creed is unlawful and the College does not condone this or any other type of harassment. Both the College and the harasser may be held liable for such unlawful actions and be required to pay damages. In addition, the harasser may be subject to criminal sanctions.
6. Harassment can reduce the effectiveness of the College by undermining the confidence of staff and, for example, increasing sickness absence and labour turnover. Staff have the right to work in an environment free from harassment and any other type of intimidation.
7. The harassment procedure (which follows below) informs staff of the types of behaviour that are unacceptable and provides staff who are the victims of harassment with a means of redress.
8. In addition to the types of harassment identified below, this policy will apply to any other types of harassment that may occur, such as verbal or physical abuse.
9. Harassment Generally. Harassment includes unwanted behaviour which demeans, humiliates or undermines the victim on the basis of age, disability, sexual orientation, gender, marital status, race, ethnic or national origin, religion, colour or creed also constitutes harassment. It can take several forms from verbal abuse to actual physical violence. Examples include:
a. Insensitive jokes and workplace‘banter’related to race or other characteristics.
b. Pranks.
c. Deliberate exclusion from conversation or other aspects of College life.
d. Abuse based upon a person's age etc.
10. Sexual Harassment. Sexual harassment is unwanted behaviour of a sexual nature by one member of staff to another. Sexual harassment takes many forms from sexual banter to actual physical contact. Staff may not always realise that their behaviour constitutes sexual harassment - they must recognise that what is acceptable to one individual may not be acceptable to another. Examples of sexual harassment include:
a. Insensitive jokes and pranks.
b. Lewd comments about appearance.
c. Displays of sexually offensive material, for example pin ups.
d. Requests for sexual favours.
e. Speculation about an individual's private life and sexual activities.
f. Threatened or actual sexual contact.
g. Threat of dismissal or loss of promotion for refusal of sexual favours.
h. Bullying or other forms of intimidation or humiliation.
11. As a guideline, the following tests may be applied in deciding whether a particular conduct or wording is potentially sexually harassing:
a. Would you want this said or done to you or a member of your family?
b. Would you say or do this in front of your parents and/or partner?
c. Would you say or do this in front of a colleague of the same sex?
d. Would you like to see a report of this behaviour appear in the local newspaper?
e. Does what is being done or said need to be done or said at all?
12. Disability Harassment. Disability harassment is conduct which is unwanted and offensive and affects the dignity of a person based on their disability. This can include unwelcome physical, verbal or non-verbal behaviour, regardless of the motive for the conduct. Examples include:
a. Derogatory comments, teasing or singling out a person related to disability.
b. Insensitive jokes and pranks.
c. Derogatory comments directed to the characteristics or aid used as a consequence of their disability (e.g. wheelchair).
d. Verbal or physical abuse related to disability (for example, leaning on a wheelchair).
The examples given above are not intended to be exhaustive. Many of the examples would constitute gross misconduct, punishable by summary dismissal.
HARASSMENT COMPLAINTS PROCEDURE
13. Staff who are victims of harassment are advised to attempt to resolve the problem themselves, if possible, by making it clear to the harasser that their behaviour is unacceptable and that it must stop. If staff are unable to do this orally, a written request explaining the distress which the behaviour is causing, handed to the harasser, may be effective. Alternatively, if the victim feels such action is too difficult or embarrassing they can seek assistance from any other member of staff, their Head of Department or a Fellow.
14. Formal Complaint. If the harassment continues, or where serious harassment occurs, staff are advised to bring a formal complaint and should then seek assistance from their Head of Department. If this course of action is not appropriate, assistance should be sought from either the Director of College Services or the Bursar. All complaints will be dealt with seriously, expeditiously and in confidence.
15. The complaint should be made in writing and should, where possible, state:
a. The name of the alleged harasser.
b. The nature of the harassment.
c. Dates and times when the harassment occurred.
d. Names of witnesses (if any) to the incidents of harassment.
e. The action (if any) already taken by the complainant to stop the harassment.
16. As soon as a complaint of harassment has been received, appropriate action will be taken insofar as is possible to separate the harasser from the complainant. This may involve temporary transfer of the alleged harasser to another department, or the suspension of the alleged harasser with pay until the complaint has been investigated and resolved.
17. Investigation. The responsible College Officer will carry out a thorough investigation as quickly as possible, maintaining confidentiality at all times. All staff involved in the investigation are expected to respect the need for confidentiality. Failure to do so will be considered as gross misconduct under the College's disciplinary procedure. Investigations will be handled with sensitivity.
18. The responsible College Officer will decide whether or not there is a prima facie case and whether further action is appropriate. If the investigation reveals that no further action is appropriate, both the complainant and the alleged harasser will be informed accordingly as soon as possible after completion of the investigation.
19. If the investigation reveals that there is a case to be answered then the procedure adopted below will be invoked as soon as possible and both parties will be informed of this in writing. In accordance with the College's Disciplinary Procedure, the alleged harasser will be told the precise nature of the complaint and will be given sufficient time to prepare his or her case.
20. Hearing. A hearing will then be convened and the complaint will be heard by a College Officer with another Senior member of Staff, or, if appropriate, another Fellow present. If they wish, both the complainant and the harasser have the right to be accompanied at the hearing by a fellow member of staff, friend or other suitably qualified person. Where the investigation reveals that a complaint is valid, the College Officer will ensure that the harasser has every opportunity to defend or explain his or her actions in accordance with the College's Disciplinary Procedure.
21. Copies of statements made by witnesses will normally be made available to the harasser and the complainant. Witnesses will be encouraged to appear at the complaint hearing if requested by either party. It is acknowledged that some witnesses may be reluctant to do so. In these circumstances, the hearing should be adjourned, if necessary, so that supplementary questions can be asked of the witnesses in private.
22. Disciplinary Action. The severity of the penalty imposed upon the harasser will be consistent with those detailed in the College's Disciplinary Procedure. Gross sexual, racial or disability harassment will normally result in summary dismissal. Where a lesser penalty is appropriate (for example a written warning), this may be coupled with action to ensure that the complainant is able to continue working without embarrassment or anxiety. After discussion with the complainant and, if practicable, the College Officer may recommend the transfer of the harasser to a different work area or arrange for the amendment of working practices to minimise contact between the two members of staff. If a complainant so wishes or if a complaint is not upheld, his or her own transfer will be arranged, subject to practical limitations. The result of the hearing will be confirmed in writing to both parties.
23. Reconsideration by the College Council. If the complainant is not satisfied with the way in which his or her complaint has been handled, he or she may ask for it to be reconsidered by the Council. For these purposes the Council will exclude the College Officer who made the decision in the first instance. Request for reconsideration of the complaint should be made within 7 working days of the first hearing. The decision of the second hearing will be sent in writing to both parties and will be final.
24. Records will be made of all investigations and hearings.
25. Appeals. A member of staff who receives a warning or who is dismissed for harassment may appeal against the penalty in accordance with the College's disciplinary appeals procedure as detailed in this Handbook.
26. A member of staff who brings a complaint of harassment will not suffer victimisation for having brought the complaint. It will be a disciplinary offence to victimise a member of staff who brings a complaint of harassment.
27. A member of staff found to have brought a claim of harassment maliciously and without foundation of truth will be disciplined.
28. If the complaint is against the responsible College Officer, the above procedure will apply with the exception that a different Fellow will carry out the investigation.
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