Bullying and Harassment Policy (Students) Equality and Diversity Date: November 2012 Page 1 Contents Page No: 1. Policy Statement 3 2. Policy aims and objectives 3 3. Legal Framework 4 4. Definition of Bullying 4 5. Definition of Harassment 5/6 6. Defintion of Victimisation 6 7. Effects of Bullying and Harassment 7 8. Monitoring 7 Equality and Diversity Date: November 2012 Page 2 1. 1.1 Policy Statement John Leggott Sixth Form College is committed (as defined in the Equal Opportunities Policy) to ensuring that all its students are treated with dignity and respect, irrespective of age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. It is also committed to the elimination of all forms of bullying/harassment in College, and the creation of an inclusive, safe and secure learning environment for all its students. 2. Policy Aims and Objectives 2.1 The aim of this policy is to prevent any form of bullying/harassment within the College. All members of the College community, including staff, students, governors and associates have a responsibility for achieving this. 2.2 Where it does occur, the policy aims to take appropriate and effective action to prevent any recurrence. 2.3 The specific policy objectives are: To ensure that all students of the College are aware of the types of behaviour which constitute bullying/harassment, and of their understand that responsibilities to prevent and report any such incidents. To ensure all students of the College bullying/harassment will not be tolerated and that appropriate measures will be taken. To promote a climate within the College which does not support bullying/harassment, and where everyone feels confident in bringing forward complaints of bullying/harassment without fear of victimisation and recrimination. To ensure that all allegations of bullying/harassment are responded to quickly, positively and in complete confidence, and that victims and perpetrators are offered counselling and support. Equality and Diversity Date: November 2012 Page 3 3. Legal Framework 3.1 The College recognises that any person who has suffered bullying/harassment might be able to seek remedies through criminal or civil law. The legislation under which any breach would be considered includes The Equality Act 2010. Human Rights Act 1998 Criminal Justice and Public Order Act 1994 Crime and Disorder Act 1994 4. Definition of Bullying 4.1 Bullying is deliberate, persistent and often occurs when there are no witnesses. It involves the intentional belittling of someone through the misuse of power or position that leaves the victim feeling hurt, upset, vulnerable and helpless. Examples of bullying behaviour include: Abuse of power or use of sanctions. Intimidation. Malicious or insulting power Excluding or ignoring others Deliberate isolation or non co-operation in College activities Embarassing or insensitive comments Abusive communication – for example emails or text messages by an individual or group. 4.2 Bullying is a wilful, conscious desire to hurt, threaten or frighten someone. It may be targeted at one person, or may be widespread, usually as a result of the ‘bullying style’ of one person. Examples of bullying might include: Verbal – such as name-calling, teasing, ‘secret whispering’ or malicious comments. Physical – such as any form of hitting, punching, pushing or other form of physical activity. Equality and Diversity Date: November 2012 Page 4 Fear – such as any action planned to frighten or threaten someone. 5. Definition of harassment 5.1 There There are three types of harassment which are unlawful under the Equality Act 2010: 1) Harassment related to a protected characteristic: Age Disability or impairment Gender reassignment Pregnancy and maternity Marriage or civil partnership Race, including ethnic origin or skin colour Religion or belief or lack of any religion Sex Sexual orientation and also Political, Trade Union, or other opinion. 2) Sexual harassment 3) Less favourable treatment of someone because they submit to or reject sexual harassment or harassment related to sex 5.2 Harassment can take many forms. It can be directed at an individual or a group. It is the effect that it has on an individual that is important, not the intention of the harasser. 5.3 Harassment is unwanted behaviour or conduct, that might be persistent or an isolated incident, relating to a protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. Equality and Diversity Date: November 2012 Page 5 5.4 Examples of harassment include: Unwelcome remarks, such as jokes, innuendo, teasing and verbal abuse of terms of endearment which are uninvited and found to be offensive Racist and/or sexist comments or jokes Unfair allocation of work. The display, storage or circulation of offensive material or graffiti Unwanted physical contact, pestering, propositioning, spying etc Embarrassing or insensitive comments Suggestive remarks about appearance or dress Intrusive questioning about ethnic origin Ignoring someone Note 2: Under the Equality Act 2010 a person has a disability if they have a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. People with HIV, cancer and multiple sclerosis are covered from the point of diagnosis rather than from the stage when the condition has an adverse effect on their ability to carry out day-today activities. For more information about the duty to make reasonable adjustments please contact HR. Note 3: Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave. An employee’s absence due to pregnancy related illness should be recorded separately and should not be taken into account when making decisions about her employment. 6. Definition of Victimisation 6.1 Victimisation occurs when an individual is treated less favourably because the person has made a complaint about the behaviour of someone who has been harassing/bullying them or a complaint of discrimination (under the Equality Act 2010) helped someone else to make a claim by giving truthful evidence, information or support Equality and Diversity Date: November 2012 Page 6 made an allegation that another person has contravened the Act done anything else in connection with the Act 7. Effects of Bullying and Harrassment 7.1 Bullying/harassment can make the recipient feel upset, threatened, humiliated and vulnerable. The effect on a person can include loss of self-esteem, defensiveness, hopelessness, illness, isolation, increased use of drugs or alcohol, strong negative feelings and stress. The result may be the formation of cliques, an atmosphere of fear that becomes the norm, increased absenteeism, and the creation of a culture in which bullying and harassing behaviour becomes accepted and increases. 8. Monitoring and Review 8. 1 The policy will be monitored annually by the College to judge its effectiveness and will also be reviewed and updated in accordance with changes in the law. 8.2 The Equality & Diversity Coordinator in conjunction with the HR Manager, Senior Management Team, staff cohort and student body will be involved in this process and work collaboratively to ensure that this Policy is fit for purpose. 8.3 Progress reports will be presented to the Equality & Diversity Core Group and summarised in the annual report to the Corporation. 10. Procedures for dealing with bullying and harrassment 10.1 If a student feels that they or others are being bullied, harassed, or discriminated against in College or whilst taking part in College activities, they should talk to someone about it. Students should discuss their concerns with their community mentor, course tutor or any other member of staff. If necessary they can make a formal complaint. 10.2 Any concerns or complaints will be dealt with in confidence and acted upon with sensitivity. Copies of the Complaints Procedure can be accessed via the Equality and Diversity Date: November 2012 Page 7 College website, are kept by all senior staff and are available from the main reception office. 10.3 For advice and guidance on how the College may discipline students in relation to a bullying/harassment claim made against them which has been proven, please refer to the College’s Student Behaviour Policy. Equality and Diversity Date: November 2012 Page 8