Dignity at Work and Study Policy and Procedures

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Dignity at Work and Study

Part 2

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2.0

3.0

4.0

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6.0

Part 3

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6.0

Introduction

This policy applies to all staff and students of Anglia Ruskin University. It states what we regard as unacceptable behaviour in the course of work and study, specifically, harassment, bullying, and victimisation. It includes procedures for staff and students to follow, in the event they experience such behaviours in the course of their work or study.

This policy builds on our Dignity at Work and Study Policy and Procedures for Staff and

Students, approved by the Board of Governors in April 2002. A substantial review of the policy in March 2005 incorporated changes in discrimination legislation. This document incorporates subsequent guidance provided to the higher education sector by the Equality Challenge Unit, the Higher Education Funding Council and other advisory bodies, changes in our Rules, Regulations and Procedures for Students, and the Equality Act 2010. It is also informed by good practice networks to which we belong, including the Employers Forum on Age, Opportunity Now, Mindful Employer and Stonewall

’s Diversity Champions Programme. It has been reviewed by the

Equality and Diversity Group, which is chaired by a Deputy Vice Chancellor and includes UNISON, UCU, and Students

’ Union representatives.

Contents

Part 1

1.0

Dignity at Work and Study Policy

Statement of commitment

2.0

3.0

4.0

5.0

6.0

Important points to note

Acceptable and unacceptable behaviour

Managers’ responsibilities

Contractors and partner organisations

General considerations

Part 4

Dealing with unacceptable behaviour – a procedure for staff

Introduction

Where to get support and advice

Taking action informally

Taking formal action

Appeals

Further considerations

Dealing with unacceptable behaviour

– a procedure for students

Introduction

Where to get support and advice

Taking action informally

Making a formal complaint

Appeals

Further considerations

Sources of advice and support

Page 1

Part 1 – Dignity at Work and Study Policy

1.0 Statement of commitment

1.1 Anglia Ruskin University is an educational institution whose activities are underpinned by our Vision, supported by a comprehensive Corporate Plan, and a set of Values, all of which we are striving to achieve:

A sense of belonging: We are proud to be part of Anglia Ruskin University.

We know that lifelong relationships are formed here.

Academic ambition: We want our teaching and research to be excellent. We are determined that our students and staff will realise their full potential.

Innovation: We are purposeful, challenging and curious about our world. We are prepared to do things differently. We are creative, entrepreneurial and bring enthusiasm to everything we do.

Supporting each other: We are friendly and inclusive, and celebrate individuality and diversity. We support and encourage everyone, and strive hard to anticipate needs and aspirations.

Honesty and openness: We operate with integrity, trust and respect for each other and we deliver on our promises. We share ideas, information and challenges and we seek out views and opinions.

Concern for the environment: We want our concern for a sustainable environment to inform every aspect of what we do.

1.2 We are committed to developing a culture in which treating colleagues, students and others with dignity, courtesy and respect is standard. This will be achieved by doing what is reasonably possible to provide a supportive working and learning environment which is free from harassment, unlawful discrimination, bullying and victimisation (hereinafter referred to as unacceptable behaviour). It will also be achieved when staff and students are confident that, should such unacceptable behaviour occur, it is identified and dealt with quickly, fairly and effectively.

1.3 As well as the ethical considerations above, we also have a duty of care to our staff, students and visitors. We are legally responsible for ensuring that the behaviour and conduct of staff and students in the course of their work and study is acceptable. Failure to recognise or investigate incidents of unacceptable behaviour does not excuse us from liability and could have serious legal consequences under Health and Safety, employment, and antidiscrimination legislation.

1.4. Our staff and students come from a wide range of backgrounds, cultures and nationalities, and their perceptions of what is, and what is not, considered acceptable behaviour at work and at study may differ. This policy aims to clarify what we regard as unacceptable behaviour. All our staff and students are personally responsible for their own behaviour towards others and we expect them to demonstrate active commitment to this policy and its aims.

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1.5 If a complaint arises, it should be dealt with informally wherever possible.

However, we know that there will be times when formal procedures are more appropriate. In these circumstances, if a complaint is upheld , we may take disciplinary action. If we find unacceptable behaviour exists, we may treat it as gross misconduct which justifies dismissing a member of staff or expelling a student.

2.0 Important points to note

2.1 Where staff and students feel they are treated with dignity, courtesy and respect, there is a positive effect on the quality of life for all. As well as the personal benefit to individuals, it can enhance our reputation as a desirable place to work and study, which can lead to higher levels of staff morale and student satisfaction.

2.2 The effects of unacceptable behaviour such as harassment and bullying can be profound and should not be under-estimated. As well as the personal distress and anxiety, its effects can be damaging to health and well-being, and destructive to morale and standards of service. It can also be expensive to deal with, and can harm our image and reputation.

2.3 We recognise that offence may not be deliberate. However , the person on the receiving end may believe that they have been the victim of unacceptable behaviour, whatever the perception of the person or persons who are said to have caused offence. It is important to remember this fact.

Differences in culture, attitudes and experience, or the misinterpretation of social signals, can result in differences in people’s view of a situation. What may be perceived as unacceptable to one person may be perceived by others as normal social behaviour. Where these differences exist, we need to take into account how reasonable each person’s view is.

3.0 Acceptable and unacceptable behaviour

3.1

Respect for people should underpin the way every person working or studying at Anglia Ruskin University is treated. Every individual is entitled to fair and equitable treatment. Examples of acceptable behaviour include:

maintaining appropriate levels of communication and supervision;

ensuring people have the information they need to carry out their work or study; and

acknowledging earned achievement.

3.2

Unacceptable behaviour can range from violence and bullying to more subtle behaviour such as excluding an individual from workplace activities. It can mean an individual or a group receives unwelcome attention, is intimidated, ridiculed, offended or loses their privacy. It is unwanted by the person(s) on the receiving end and continues after they make an objection. However, single incidents may be serious enough to be treated as harassment and justify a complaint.

It can happen between groups of people and between individuals.

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There are certain forms of unacceptable behaviour referred to in paragraph 1.2 which, in the interests of clarity, we explain below. They are harassment, bullying, and victimisation:

3.3

The Equality Act 2010 outlines three types of harassment:

unwanted conduct that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant, or violating the complainant’s dignity

unwanted conduct of a sexual nature

treating a person less favourably than another person because they have either submitted to, or did not submit to, sexual harassment or harassment related to sex or gender reassignment .

Harassment can take many forms and can exist where any of the circumstances outlined in 3.2 above apply .

It interferes with learning, working and social environments and can induce stress, anxiety, fear or sickness on the part of the harassed person, regardless of whether it is deliberate or unintentional (see Section 2.3, above). Harassment can be visual (including electronic transmission), verbal or physical.

1 It may be prompted by an individual’s sex, race, ethnic group, religion or belief, nationality, sexual orientation, gender reassignment, age, physical or mental ability or some other actual or perceived personal characteristic, or by association. It may include behaviour, language, direct action, exclusion, and/or physical contact. The effect of the act on the recipient is the main factor to be considered in claims of harassment, not the intention behind it.

In most cases, harassment is a form of direct discrimination . Direct discrimination occurs when a person treats one person less favourably than they would another because of a protected characteristic.

We describe the most commonly experienced forms of harassment in the following paragraphs:

3.4

Sexual harassment - any unwanted sexual attention ranging from suggestive looks or comments to indecent assault and rape. It includes

displaying sexually suggestive or offensive material;

sexual advances or demand for sexual favours;

jeering, ridicule or comment on appearance or dress;

aggressive or offensive language;

sexual innuendo; and

the electronic transmission of pornographic, indecent or degrading material.

It also includes unfair allocation of work, or refusing to work with someone, on the grounds of their sex, and – explicitly mentioned in the Equality Act – less favourable treatment of someone because he or she either submits to, or rejects, harassment related to their sex or gender reassignment.

1 Electronic transmission in this context includes all forms of electronic communications including e-mail, internet, mobile phone, and use of social networking sites. It also includes capturing and transmitting images of individuals without their knowledge and consent . [Footnote added for clarification July 2012].

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3.5

Racial harassment - any hostile, offensive or demeaning language or conduct which is directed towards a person of one racial, ethnic or national group by a person of another racial, ethnic or national group. This includes

name calling;

insults and racially offensive jokes,

verbal abuse or physical attack,

threats ,

racially offensive graffiti,

ridiculing cultural and national differences;

unwanted comments about dress and/or physical characteristics;

referring to a person’s skin colour;

deliberately excluding or refusing to work with someone for reasons related to their race, ethnic background or nationality.

3.6

Harassment on grounds of disability - any behaviour, language or conduct towards a person or people with disabilities which is humiliating, demeaning or intimidating, or which undermines their dignity or confidence, or denies them opportunities. It includes

impractical or unfair work expectations;

unwanted, patronising or unnecessary assistance;

deliberately excluding or refusing to work with someone for reasons related to their disability;

mockery and name calling; and

not communicating with a disabled person directly, e.g., via a third party.

It is important to remember that many disabilities are “hidden”, that is, they are not immediately apparent to the observer. These include dyslexia, some sensory impairments, and conditions such as HIV/Aids, cancer, and mental health conditions.

3.7

Harassment on grounds of sexuality - any behaviour, language or conduct pertaining to a pers on’s sexuality, or what is believed to be their sexuality, that meets the above definition of harassment. This includes

offensive remarks or jokes;

 “outing” a person without their permission;

deliberately excluding or refusing to work with someone for reasons related to their sexuality;

exclusion from workplace activities;

innuendo or gossip; and

displaying or transmitting offensive, homophobic or abusive material.

3.8

Harassment on grounds of religion or belief -- any behaviour, language or conduct relating to a person’s religion or belief, or to their not following a religion or belief, that meets the above definition of harassment. This includes

offensive remarks or jokes;

refusing to work with a person because of their religion or belief; or

excluding someone from workplace activities.

It also includes unwelcome preaching or evangelising to colleagues or students.

3.9

Harassment on grounds of age – any behaviour, language or conduct relating to a person’s age that meets the above definition of harassment. This can include

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offensive ageist remarks;

 assumptions made about a person’s ability or potential based solely on their age; or

actions that deliberately exclude a person from doing certain things because of their age without objective justification. This includes workplace activities, staff training and/or entering a course of study.

3.10

Bullying is a related form of psychological persecution, although it is different from harassment in one key respect. Its defining characteristic is that it is intentional , and involves the misuse of power, position or knowledge .

Furthermore, it may not have such an obvious focus as race, gender, disability, sexuality, religion or belief, age, or other personal characteristic. Bullying tends to happen persistently, often without witnesses, over a period of time. Victims of bullying often feel humiliated, threatened or undermined. However, they may not always recognise what is happening and consequently feel trapped, isolated and powerless. They may even blame themselves for the behaviour they are experiencing. This can result in increased incidents of sickness and other forms of non-attendance, and – if left unchecked – psychological damage.

The following are examples of behaviour and conduct which could be regarded as bullying. This list is intended to provide examples, and is not exhaustive:

personal insults or unjustified criticism

name calling

spontaneous outbursts of anger

shouting or swearing

public humiliation

excluding or ignoring an individual

setting unrealistic targets or deadlines

making detrimental changes to or removing responsibilities without consultation

unjustified disciplinary action

unfair or excessive supervision or monitoring

unfair blaming for mistakes

unwarranted fault-finding

singling out or treating an individual unfairly

It is important to make the distinction between bullying and firm management . Bullying by its nature is unfair and can undermine a person’s best efforts to perform well. Firm management, on the other hand, may involve setting demanding

– but fair and achievable – targets and standards of behaviour appropriate to a person’s job, grade, level of responsibility and authority. It is also important for line managers to ensure that when it is necessary to deal with poor performance, give critical feedback, or take disciplinary action against a member of staff or student, it is done fairly at all times and in accordance with relevant policies and procedures.

3.11

Other forms of unacceptable behaviour :

Any behaviour or language that causes distress, patronises, belittles, offends, unfairly excludes, or is humiliating to others

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Making i nappropriate reference to a person’s appearance or character traits, invading their privacy or carrying out practical jokes which cause physical or psychological distress.

3.12

Victimisation is when a person is punished or treated unfairly because they have made a complaint, are believed to have made a complaint, or have supported someone who has made a complaint against Anglia Ruskin

University, a Faculty or Support Service, or an individual. Victimisation is unlawful under employment protection legislation.

We will support and protect anyone who is

making a complaint ,

assisting in an investigation, or

seeking advice.

Retaliation against an individual involved in such proceedings is a form of victimisation which is a disciplinary offence and we will not tolerate it. Our policy on Public Interest Disclosure will operate alongside this policy where appropriate.

4.0 Managers’ responsibilities

4.1 Managers at all levels are responsible for letting people know the requirements of this policy within their respective areas. They are expected to lead by example, take positive steps in maintaining an environment which is free from unacceptable behaviour, and to treat those for whom they are responsible fairly and with dignity, courtesy, and respect at all times. This includes identifying unacceptable behaviour in themselves and others when it happens, and taking reasonable action. It is not acceptable for any manager to ignore unacceptable behaviour , as this could be perceived as condoning it.

4.2 Managers at all levels have a particular duty to ensure that any allegation of unacceptable behaviour is investigated promptly.

4.3 We will take action to raise awareness of all employees about issues to do with their behaviour at work and ensure that key staff are fully informed and aware of their personal role responsibilities.

4.4 In partnership with the Students ’ Union, we will take action to raise the awareness of all students about their behaviour, and ensure that they are fully aware of their personal responsibilities.

5.0 Contractors and partner organisations

5.1 Anyone hiring contractors, negotiating partnership arrangements, and arranging work placements for our students, should tell these organisations about our

Dignity at Work and Study Policy. It is a reasonable expectation of staff and students going about their work or study – whether or not on our premises – that they will be treated with dignity, courtesy and respect. To complain about unacceptable behaviour in contractors, partner organisations or their employees, contact the Secretary & Clerk ’s Office. They will be responsible for making sure an acceptable response is made.

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6.0 General considerations

6.1 We will provide training for staff and Students ’ Union officers, and counselling and support to all our staff and students involved in incidents of alleged harassment, bullying, or other forms of unacceptable behaviour.

6.2 Reported incident s of unacceptable behaviour and any subsequent investigation will not affect the opportunities for study, employment, future training or promotion available to the person making the complaint. We will investigate complaints fairly, making sure we are sensitive to all sides.

6.3 However, we also recognise the possibility that complaints can be made maliciously, or for reasons that are not genuine. If this happens, we may take disciplinary action against the person making the complaint.

6.4 We will maintain confidentiality wherever possible in dealing with cases of alleged unacceptable behaviour. This means we will only release information on a “need to know” basis.

6.5 We acknowledge that the decision to make a complaint will normally rest with the person on the receiving end of unacceptable behaviour. However, in the interests of our duty of care, and our responsibilities and obligations under

Health and Safety, employment, and equality legislation, managers have the right to initiate an investigation without someone having made a complaint, if they feel this is necessary.

6.6 Nothing in this policy will prevent our staff and students from exercising their legal rights. No inappropriate restriction on academic freedom should be assumed or implied in the terms of this policy and its related procedures.

7.0 Review and amendment of procedure

7.1 The Equality & Diversity Group will monitor and review progress in implementing this policy. Policy and procedural documents relating to Dignity at

Anglia Ruskin will be reviewed regularly and in any case no later than (3 years from Governors re-approval) in consultation with employee representatives and the Students ’ Union.

Approved by the Board of Governors 4 April 2002

Amended 6 October 2005

Updated and re-approved by the Board of Governors 8 July 2010

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Part 2: Dealing with Unacceptable Behaviour:

A Procedure for Staff

1.0 Introduction

1.1 If you feel you are being harassed, bullied or subjected to any other form of unacceptable behaviour which distresses you, do not feel that you have to put up with it or that you are to blame. There are a number of ways in which you can deal with the problem, from simply saying that you find so meone’s behaviour unacceptable and asking them to stop, to making a formal complaint.

1.2 Incidents of alleged unacceptable behaviour are best and usually resolved informally and this will be encouraged wherever possible .

The person who is causing you distress may be unaware that you find their behaviour offensive or intimidating and a simple explanation may be enough to resolve the matter. If you feel it is not appropriate, or you would prefer not to tackle the problem informally, you can invoke formal procedures.

1.3 You should keep a written record of the incidents that have caused you distress including the time, date, place and a full description of what happened including the names of the people concerned and the names of any witnesses.

1.4 We also encourage you to act promptly. Try not to wait until the situation is so unbearable that you feel you must leave your job or that your personal well being is at risk. We will provide you with support and safeguard your interests in trying to deal with the problem.

1.5 You will not adversely affect your employment or your opportunities for progression, promotion or training by making a complaint of alleged unacceptable behaviour in good faith. However, if we find out that a complaint is malicious or made for reasons that are not genuine, we may take disciplinary action. (See Part 1, section 6.3)

1.6 We will maintain confidentiality wherever possible in dealing with cases of alleged unacceptable behaviour. This means that we will only release information on a “need to know” basis.

1.7 You may ask us to keep your name anonymous when making a complaint of alleged unacceptable behaviour, but this may prevent us from taking remedial action.

2.0 Where to get support and advice

2.1 We provide a 24-hour counselling and legal advice service, the Employee

Support Helpline, for Anglia Ruskin staff and their families. This service provides experienced, professional counsellors who can help with a wide range of work related problems including harassment, bullying, and other forms of unacceptable behaviour. The service is confidential, you do not need to give

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your name, and you can contact the Helpline for impartial advice and support as often as you wish at no cost. Contact details for this and other internal and external sources of advice can be found at the end of this document (Part 4), and in A Guide to your Employment, Training and Development.

2.2 However, in the event of physical and sexual assault , and/or if you feel your personal safety is at risk, do not delay: take action immediately. You should report such incidents immediately to the Security Emergency Desk on ext.

6444. Physical and sexual assault are criminal offences, and your case may be taken up by the police and dealt with in the Criminal Courts. Whether or not this is the case, we will give you appropriate advice and support. We will normally suspend the alleged offender(s), in line with the conditions of the Staff and Student Disciplinary Procedures.

3.0 Taking action informally

3.1 There are a number of ways in which you may be able to deal with the matter yourself. You should consider your options carefully before you decide which, if any, of these courses of action to take.

3.2 If you feel able to, approach the person yourself and make it clear that their behaviour is offensive to you and that you want it to stop. You can do this with the support of a work colleague or a trade union representative, if you wish.

You may also wish to tell your line manager or someone else in authority that a situation has developed that you are attempting to deal with informally in the first instance.

3.3 You may feel more comfortable writing a letter to the person concerned, explaining that their behaviour is offensive to you and telling them you want it to stop. A work colleague or trade union representative can help you write this if you wish.

3.4 This may be enough to resolve the problem. If it does not, or if you do not wish to deal with the problem in this way, you may need to raise a formal grievance in order for the unacceptable behaviour to stop. You are advised to speak to your line manager, who will be able to advise you how to do this ( though see paragraph 3.5

below ).

3.5 If the person causing you distress is your line manager or Dean of

Faculty/Director of Support Service, you should raise your complaint with a member of the next level of management. In all cases, the investigating manager will be of equal or greater seniority than the alleged offender.

3.6 At any stage you can raise a formal Grievance. However, once formal proceedings have started you may not be able to revert to an informal approach to resolve the problem.

4.0 Taking formal action

4.1 If you prefer to deal with the situation more formally, or if the severity of the situation is such that informal action is inappropriate, you should use the Staff

Grievance Procedure, available at HR Online (see Part 4 for internet reference).

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4.2 If your Grievance is about sexual harassment, you can ask for it to be dealt with by a senior member of staff of your own sex. In these cases, you should approach HR Services to identify an appropriate manager.

4.3 All Grievances concerned with alleged unacceptable behaviour will be handled with sensitivity. We will take care to protect your interests and those of the person or persons alleged to have caused you distress.

In serious cases, we will consider briefly suspending the alleged offender while the case is being investigated. The suspension will be on the authority of the

Vice Chancellor or his/her nominee. The alleged harasser has a right of appeal against suspension in accordance with the Staff Disciplinary and Dismissal

Policy and Procedure approved by the Board of Governors.

4.4 We will investigate the matter to see how best we can resolve the Grievance, taking into account all available facts. Depending on the outcome of the investigation, the investigating manager will decide whether to:

 take no further action – where the facts of the case suggest the

Grievance is unsubstantiated, felt to be unjustified or the evidence is inconclusive (however, please see paragraph 4.6, below);

 facilitate a conciliatory meeting – where it is considered that a conciliatory meeting between the two parties, accompanied by appropriate members of management, could lead to a satisfactory resolution;

 arrange counselling or training for the alleged offender - where it is felt to be sufficient to correct the behaviour or resolve the situation; or

 take disciplinary action - where the facts of the case suggest that disciplinary action against the alleged offender is appropriate, the investigating manager will refer in the case of a member of staff to HR

Services. Where the alleged offender is a student, the investigating manager will refer to Student Services.

4.5 Any disciplinary action taken will reflect how serious the offence is. We will take this action in accordance with the appropriate disciplinary procedures for staff or students. We will treat incidents of serious harassment or bullying as gross misconduct in the case of staff, which may result in dismissal; where a student is involved, such incidents will constitute misconduct, which may result in suspension or expulsion.

4.6 We acknowledge that whatever the outcome of an investigation, it may place a strain on working relationships. Deans of Faculty and Directors of Support

Services should liaise with HR Services to determine appropriate means of dealing with this.

4.7 We will treat any resulting victimisation or other retaliation by the offender as a serious matter. If this happens, you should tell the manager dealing with your case as soon as possible.

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5.0 Appeals

5.1 If you are dissatisfied with the outcome of the investigation , you have the right of appeal in accordance with the provisions of the Staff Grievance Procedure.

5.2 A member of staff who has been disciplined because a complaint against him / her is upheld following investigation has the right of appeal in accordance with the provisions of our Staff Disciplinary and Dismissal Policy and Procedures.

6.0 Further Considerations

6.1 This procedure will operate alongside the procedure for dealing with complaints of alleged unacceptable behaviour made by students, wherever a member of staff is implicated.

6.2 This procedure will apply equally to cases of alleged unacceptable behaviour by, or of, groups of staff as well as individuals.

6.3 The decision to take action to resolve a case of alleged unacceptable behaviour normally rests with the individual concerned. However, senior managers have the right to begin an investigation without someone having made a complaint

(see Part 1: Statement of Policy, section 6.6) .

Approved April 2002

Amended October 2005

Amended July 2010

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Part 3: Dealing with Unacceptable Behaviour:

A Procedure for Students

1.0 Introduction

1.1 If you feel you are being harassed, bullied or are the victim of any other form of unacceptable behaviour which distresses you, do not feel that you have to put up with it or that you are to blame. There are a number of ways in which you can deal with the problem, from simply saying that you find someone’s behaviour unacceptable and asking them to stop, to making a formal complaint.

1.2 Incidents of alleged unacceptable behaviour are best and usually resolved informally and this will be encouraged wherever possible .

The person who is causing you distress may be unaware that you find their behaviour offensive or intimidating and a simple explanation may be enough to resolve the matter. If you feel it is not appropriate, or you would prefer not to tackle the problem informally, you can start formal procedures.

1.3 You should keep a written record of the incidents that have caused you distress including the time, date, place and a full description of what happened including the names of the people concerned and the names of any witnesses.

1.4 We also encourage you to act promptly. Try not to wait until the situation is so unbearable that you feel you must leave this University or that your personal well being is at risk. The Students ’ Union will give you help and safeguard your interests in trying to deal with the problem.

1.5 Any complaints you make of alleged unacceptable behaviour, and any subsequent investigation, regardless of the result, will not affect your ability to continue your studies. However, if we find out that the complaint is malicious or made for reasons that are not genuine, we may take disciplinary action. (See

Part 1, section 6.3)

1.6 We will maintain confidentiality wherever possible in dealing with cases of alleged unacceptable behaviour. This means we will only release information on a “need to know” basis.

1.7 You may ask us to keep your name anonymous when making a complaint of alleged unacceptable behaviour, but this may prevent us from taking remedial action.

2.0 Where to get support and advice

2.1 You should contact the Office of the Director of Student Services, or the

Students’ Union Advice Service, who provide guidance and assistance for all our registered students. The Students’ Union Advice Service can provide you with confidential, independent advice and support. The Counselling Service within Student Services has a team of professionally trained and experienced

Counsellors. The service is also confidential, and you can make appointments to see a Counsellor at the Student Information Centre (i-Centre). You can find

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c ontact details for Student Services and the Students’ Union, as well as other sources of advice and support, at the end of this document, and in your Student

Handbook. These sources of advice can be used whether you are making a complaint, or have had a complaint made about you.

2.2 However, in the event of physical and sexual assault , or if you feel your personal safety is at ris k, do not wait: take action immediately. You should report such incidents immediately to the Security Emergency Desk on ext.

6444. Physical and sexual assault are criminal offences, and your case may be taken up by the police and dealt with in the Criminal Courts. Whether or not this is the case, we will give you appropriate advice and support. We will normally suspend the person you say has committed the offence, in line with the conditions of our Staff and Student Disciplinary Procedures.

3.0 Taking action informally

3.1 There are a number of ways you can deal with the matter. You should consider your options carefully before you decide which action to take.

3.2 If you feel able to, approach the person yourself and make it clear that their behaviour is offensive to you and that you want it to stop. If you wish to , you can do this with the support of a fellow student, a Students’ Union adviser, or a member of staff from the Director of Student Services’ office. You may want to tell your personal tutor or another member of academic staff in your Faculty, that a situation has developed which you are attempting to resolve informally in the first instance.

3.3 You may feel more comfortable writing a letter to the person concerned, explaining that their behaviour is causing you distress and telling them you want it to stop. A friend or Students’ Union adviser can help you write such a letter if you wish.

3.4 This may be enough to resolve the problem. If it does not, or if you do not wish to deal with the problem in this way, you have the right to refer directly to your

Dean of Faculty or to the Director of Student Services. They will tell the alleged harasser, informally on your behalf, that their behaviour is unwelcome and should stop immediately.

3.5 You can, at any stage, make a formal complaint to management. However, you should be aware that the opportunity to revert to an informal approach to resolved alleged harassment or bullying may be lost once formal proceedings begin.

4.0 Making a formal complaint

4.1 If you prefer to resolve the situation formally, or if the severity of the situation is such that informal resolution is inappropriate, you have the right to make a formal complaint. If the alleged harasser is a member of staff, you should use the Student Complaints Procedure. If the complaint is about another student, you should use the Student Discipline Procedure. You can find both in the

Rules, Regulations and Procedures for Students document, and on-line (see

Part 4 for internet reference). In certain circumstances, we may be able to extend the normal three-month time limit for sending in complaints under the

Dignity at Work and Study Policy.

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4.2 If you make a complaint of sexual harassment you can complain to a senior member of staff of your own sex. In such cases you should approach the

Students’ Union Advice Service or the Director of Student Services to identify an appropriate manager.

4.3 When we receive a formal complaint, the investigating manager will send a written acknowledgement, telling you where you can get advice and support.

4.4 Any such issue raised with a member of management will be regarded very seriously and a careful, accurate record of the complaint will be made.

In serious cases, we will consider briefly suspending the alleged harasser while we investigate the case. The suspension will be on the authority of the Vice

Chancellor or his/her nominee. The alleged harasser has the right of appeal in accordance with the procedures approved by the Board of Governors.

4.5 We will investigate the matter to see how best we can deal with the complaint, taking into account all available facts. Depending on the outcome of the investigation, the investigating manager will determine whether the best course of action is to:

 take no further action – where the facts of the case suggest the complaint cannot be proved, felt to be unjustified or the evidence is not sufficiently clear;

 facilitate a conciliatory meeting – where we believe that a meeting between the two sides, accompanied by appropriate members of management, could lead to a satisfactory resolution;

 arrange counselling or training for the alleged offender - where we feel this will correct the behaviour or resolve the situation; or

 take disciplinary action - where the facts of the case suggest that disciplinary action against the alleged offender is appropriate, the investigating manager will refer in the case of a member of staff to the

HR Services. Where the alleged offender is a student, the investigating manager will refer to the Office of the Director of Student Services.

4.6 Any disciplinary action taken will reflect how serious the offence is. We will take this action lin line with the appropriate Disciplinary Procedures for staff or students. We will treat incidents of serious harassment or bullying as gross misconduct in the case of staff. This may result in dismissing them. If a student is involved, we will treat these incidents as misconduct, which may result in the student being suspended or expelled.

4.7 We will treat any resulting victimisation or other retaliation by the offender as a serious matter. If this happens, you should tell the member of staff dealing with your case as soon as possible.

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5.0 Appeals

5.1 A student who has been disciplined because a complaint against him/her is upheld following investigation will have the right of appeal to the Board of

Governors. A copy of the Appeals Procedure is in the Rules, Regulations and

Procedures for Students . Students in this position may seek advice from the

Students’ Union Advice Service.

6.0 Further considerations

6.1 This procedure will operate alongside the procedure for dealing with complaints of alleged unacceptable behaviour made by staff, if a student is implicated.

6.2 This procedure will apply equally to cases of alleged unacceptable behaviour by, or of, groups of students as well as individuals.

6.3 The decision to take action to resolve a case of alleged unacceptable behaviour normally rests with the individual concerned. However, senior managers have the right to begin an investigation without someone having made a complaint.

(see Statement of Policy, section 6) .

Approved April 2002

Amended October 2005

Amended April 2009

Amended July 2010

Page 16

Part 4: Sources of advice and support

Organisation

Employee Support Helpline

(for staff)

Phone / e-mail

0800 068 6729

Minicom:

800 731 0302

Ext. 6444

Internet reference www.icasxtra.com

Username: ucesh

Password: ESHuc05

University Security Desk

Staff Grievance and Disciplinary

Procedures

Ext. 4784 hrs@anglia.ac.uk

www.anglia.ac.uk/hr/policies

Student Rules, Regulations and

Procedures

Students Union Advice Service,

Cambridge

Students Union Advice Service,

Chelmsford

Student Services, Cambridge

Student Services, Chelmsford

Ext. 4232

01223 460008 cambs.advice@an gliastudent.com

01245 258178

Ext. 4250 essex.advice@ang liastudent.com

0845 196 2298

Ext. 2298

0845 196 4240

Ext. 4240

0845 196 2398

0845 196 7722 http://web.anglia.ac.uk/anet/sta ff/sec_clerk/rul_regs.phtml

http://www.angliastudent.com/ http://www.angliastudent.com/ http://www.anglia.ac.uk/studen tservices http://www.anglia.ac.uk/studen tservices

University Chaplain, Cambridge

University Chaplain, Chelmsford

Victim Support, Cambridge

Victim Support, Chelmsford

Samaritans Linkline

0845 389 9523

0845 456 5995

0845 709 9090 www.anglia.ac.uk/chaplaincy www.anglia.ac.uk/chaplaincy www.victimsupport.org.uk

www.victimsupport.org.uk

www.samaritans.org

www.tuc.org.uk

TUC Pay and Work Rights

Helpline

UNISON

0800 917 2368

UCU

0845 355 0845

(Head Office)

020 7756 2500

(Head Office) www.unison.org.uk

www.ucu.org.uk

For links to the web sites of the Equality and Human Rights Commission, campaigning organisations, and support groups offering advice and information on a range of issues, please visit www.anglia.ac.uk/equalops [Contacts updated July 2012]

Page 17

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