CODE OF PRACTICE ON HARASSMENT 1 Harassment Policy Statement 1.1 The University is committed to a working and learning environment that is free from harassment or bullying of individuals on any grounds. Harassment can occur in a wide range of circumstances, but may be focused, for example, on disability, gender, sexual orientation, marital status, family responsibility, age, race, colour, ethnic origin, nationality, trade union membership and activity, political or religious beliefs. 1.2 Expectations and requirements relating to general conduct are stated in the Staff Handbook, including: General Conduct "Your conduct should at all times take account of the need for satisfactory relations with students, colleagues and others with whom you have contact in the course of your duties and responsibilities" and as stated in the Rules relating to students, including: Conduct “A student shall not use, threaten to use, or incite others to use physical violence. A student shall not act in such a manner as to cause annoyance or nuisance to other persons." 1.3 Harassment can seriously damage the working environment for staff and students at the University and can be a great source of stress. Such harassment is totally unacceptable and is likely to constitute serious or gross misconduct under the appropriate University Disciplinary Procedure. 2 Harassment Harassment can be of a physical, verbal or non verbal nature. It can include any behaviour directed towards another person which is unreasonable, unwelcome and/or offensive. Harassment, as perceived by the individual, may be based on, but is not limited to, that person's gender, race, colour, ethnic origin, nationality, disability, sexual orientation, marital status, family responsibility, age, trade union membership and activity, political and religious beliefs. Harassment can occur regardless of intent. What is perceived by one individual as harassment may not be similarly perceived by another where differences of attitude or culture apply. Examples of harassment may include: bullying, which may comprise persistent, offensive, abusive, intimidating, malicious and/or insulting behaviour which makes the recipiant feel upset, threatened, humiliated or vulnerable unwelcome looks or remarks that may be based on disability, gender, race or sexuality physical contact, or over-familiar behaviour that may be of a sexual nature compromising invitations displays or circulation of offensive or degrading materials hostility, offensive jokes, insults, ridicule, offensive remarks or correspondence of any nature. isolation or non-cooperation at the University patronising language or unfounded critical comments. assault This list is neither exclusive nor exhaustive. Other offences of a similar nature may also be construed as harassment. 3 Principles 3.1 Men and women have the right to be treated with dignity and respect at the University. 3.2 Harassment, including bullying, of staff, students or others with whom individuals have contact in the course of their duties and responsibilities or studies is deemed by the University to be totally unacceptable behaviour. 3.3 Staff and students have the right to complain to the University about harassment should it occur at the University, or should it be committed elsewhere by a colleague, student or other person with whom they have contact in the course of their duties and responsibilities or studies. 3.4 An attempt should be made to resolve any issues relating to harassment as outlined above on an informal basis in the first instance when possible and appropriate. 3.5 Appropriate staff will be designated to offer advice and guidance on dealing with harassment on a confidential basis. 3.6 Any formal complaints or allegations about harassment as outlined above will be treated very seriously by the University. They will be considered and investigated fairly and objectively as quickly as possible. 3.7 The University will treat as confidential complaints or allegations of harassment and any records relating thereto, unless it has a duty to notify another agency (eg the Police) or where the complaint compromises the University’s legal responsibilities. (See also 4.3.2) 3.8 Harassment is likely to constitute grounds for formal disciplinary action where it is considered to be serious or gross misconduct. In certain circumstances, it may be unlawful and individuals may be personally liable. 3.9 All staff and students are expected and required to comply with this Code of Practice at all times. Managers, Senior Academics, supervisors, course and year tutors are required to implement it when appropriate. 3.10 The University recognises the possibility that complaints or allegations of harassment may be made with mischievous or malicious intent. In any such cases, disciplinary action against the individual(s) raising the complaint or allegation will be considered. 3.11 This Code of Practice will be communicated to all members of staff and students. 3.12 Any reported incidents of harassment will be monitored on a confidential basis by the University. Anonymous statistical records of any such incidents will be maintained and reported to the Personnel Committee and University Management Team from time to time as appropriate. 4 Guidelines for Staff and Students 4.1 If you feel that you are being affected by any form of harassment or bullying as defined, do not feel that it is your fault or that you have to tolerate it. If at all possible you should make it clear to the person causing the offence either orally or in writing that such behaviour on that person's part is unacceptable to you. This may in some instances be sufficient to stop it. If you feel unable to tackle the person concerned this does not constitute consent to the harassment nor will it prejudice any complaint you may bring. If you feel unable to speak to the person concerned, or if having spoken, the behaviour persists, it is important to begin to keep a note of the details of any relevant incidences which distress you, including a note of the ways in which the incidents cause you to change the pattern of your work or social life. 4.2 You can also seek advice or help in the following ways: 4.2.1. You could seek the help or advice of a trusted friend, a sympathetic colleague or a recognised NATFHE/UNISONunion representative, who should maintain confidentiality as appropriate. You could contact a designated adviser, counsellor or a member of the Chaplaincy, all of whom are willing to discuss incidents or problems however large or small they may seem. Any of the people mentioned could advise you on a course of action or take the matter up on your behalf. Any discussion will be confidential and further action involving you will not normally be taken without your express permission. 4.2.2 It may be appropriate to have an informal, confidential meeting with your manager, course or year tutor or a Senior Academic. Conversations will be kept confidential as far as possible, though in some cases the person you speak to may have a duty to take action. Although every effort will be made to maintain your confidentiality, if this is what you request, it may be necessary to speak to the person concerned. That individual may then draw conclusions that the issue has been raised by a particular person, even if a name has not been divulged. At any time Students may seek a confidential meeting with a representative from the Student Union Welfare Office. If you wish, you may be accompanied at such an interview by a sympathetic fellow member of staff, student or a recognised union representative. Following such an interview, further action involving you will not normally be taken without your express permission. In particular, the person about whom you are complaining will not be given your name as a complainant without your express permission. At any time Staff may seek a meeting with a representative from the Personnel Department, however confidentiality cannot always be guaranteed where the University has a legal responsibility to act. 4.2.3 You may wish put your complaint in writing or seek an interview with your Head of Academic Group or Service or any other member of management you feel able to approach. You can be accompanied at such an interview by a fellow member of staff, student or a recognised NATFHE/UNISON union representative if you wish. Where incidents of harassment are brought to attention in this manner, it will not normally be possible to maintain your confidentiality as the senior member of staff may have a duty to enact the University’s Disciplinary Procedure. Any formal complaint will be investigated by the University as quickly as possible. 4.3 If the problem has not been resolved by the above means then you may make a formal complaint under the appropriate University Grievance or Complaints Procedure. 4.4 Where harassment has occurred the University will provide support mechanisms, for example independent professional counselling, where appropriate. 4.5 If you are accused of harassment by a fellow staff member or student, you may seek the advice of your manager, course or year tutor, Head of Academic Group or Service, recognised union representative or the Personnel Department, as appropriate. 5 Cases of Assault If you have been assaulted or attacked, seek help immediately. In particular you are strongly advised to report the attack to the Police. Your Head of Academic Group or Service, designated adviser or a representative of the Personnel Department or Students' Union as appropriate will give you support and will help you contact appropriate external professional bodies who will help you decide what to do. For your own protection and for the protection of others it is important that any offender is dealt with. If you decide to go to the Police, you will be accompanied by a senior member of staff or representative of the University, for example a member of the Chaplaincy, unless you prefer to go alone.