Pudsey Bolton Royd Primary School Prevention of Harassment Policy Policy Statement Pudsey Bolton Royd is committed to the continuing development of a positive and productive working environment that encourages good working relationships for its stakeholders. All members of the school community and visitors to our school are entitled to be treated with dignity and respect and Pudsey Bolton Royd is committed to promoting a culture that supports and encourages this. It recognises that the work and study environment needs to be free from discrimination, harassment and bullying. Harassment of one member of the school community by another is unacceptable behaviour. All members of staff and students are responsible for helping to ensure that individuals do not suffer any form of harassment. Any incidents of harassment may be regarded as grounds for disciplinary action which may result in dismissal or expulsion from the school. Victimisation of any individual who makes a complaint of harassment or bullying is not acceptable and will not be tolerated. Guidance Notes Definitions of harassment – In law, harassment is defined as unwanted conduct which has the purpose or effect of: Violating dignity or Creating an intimidating, hostile, degrading, humiliating or offensive environment Harassment may occur where the harasser has a position of authority but may equally occur in other contexts. Legislation All forms of harassment raise serious employment issues. Since December 2003 there has been a free standing definition of harassment that is common to all Equal Opportunities Legislation. This definition has been adopted by the school and is given above. Employees are also protected by the duty of care imposed on employers by the Health and Safety at Work Act, 1974. The Protection from Harassment Act 1997 specifically clarified the law in the area of harassment, 1 creating new criminal offences and a civil right to damages. The Act states that a person must not pursue a course of conduct which amounts to harassment, and which he or she knows or ought to know amounts to harassment. The perpetrator does not have to intend to cause the victim to feel harassed; it is sufficient that any reasonable person, in possession of the same information, would perceive the behaviour as harassment. It is important to recognise that it is not only Pudsey Bolton Royd Primary School but also individual members of the school community who have a responsibility to uphold the law. Sexual Harassment Sexual harassment is a form of sex discrimination and involves unwanted and unwelcome attention of a sexual nature. This may be physical or verbal and involve the denigration of an individual on sexual grounds or by sexual means. Some examples of such harassment are: Indecent assault Deliberate physical contact to which the individual has not consented or had the opportunity to object to Offensive or derogatory language alluding to a person’s private life or sexual behaviour or orientation by innuendo, jokes or remarks Provocative suggestions Pressing an individual to accept unwelcome invitations The display of suggestive or pornographic material Unwelcome repeated phone calls, letters or emails These examples should not be seen as exhaustive: any unwelcome behaviour of a sexual nature which creates an intimidating, hostile or offensive environment for the recipient may be regarded as sexual harassment. Racial Harassment Racial harassment is any behaviour, deliberate or otherwise, relating to race, colour, ethnic or national origin directed at an individual or group, which is found to be offensive or objectionable to the recipient and which creates an intimidating, hostile or offensive environment. Some examples include: Physical attack Verbal abuse, threats, derogatory name-calling, racist insults and jokes Ridicule of an individual on racial or cultural grounds Exclusion from normal workplace interactions or social events Unfair allocation of work and/or responsibilities 2 Racist graffiti/insignia or display of racist material Inciting others to commit any of the above Bullying Bullying in the workplace damages individuals’ health and lives and undermines productivity and effective work relationships. Bullying can occur when a superior uses the opportunity of position to intimidate a subordinate, in peer relationships or, in rare cases, may affect someone in a superior position. Bullying can be broadly defined as behaviour which consistently undermines another’s confidence, reducing feelings of self esteem and self-worth. Such behaviour may be deliberate, as in a planned campaign, or may arise out of the bully’s own immaturity, lack of inter-personal skills and poor self-confidence. It is generally psychological, rarely though sometimes physical and may also be exacerbated by the bully’s own susceptibility and reaction to stress. Workplace bullying consists of abuse of power and the regular use of inappropriate behaviours at the expense of another individual. Some examples of these behaviours include: Physical or verbal abuse, including threats Psychological intimidation, humiliation, excessive and/or unreasonable criticism Unjustifiable removal of areas of responsibility Ostracism (“sent to Coventry”)/exclusion Malicious lies Setting unreasonable and unrealistic goals/targets “academic bullying” i.e. asserting a position of intellectual superiority in an aggressive, abusive or offensive manner; threats of academic failure; public sarcasm and humiliation N.B. Legitimate, constructive and fair criticism of a staff member’s performance or behaviour at work will not be considered to be bullying or harassment. The School will not condone bullying under the guise of “strong management” but, conversely, regards an assertive management style as acceptable provided that all staff are treated with the respect and dignity they deserve. Other forms of Harassment The following are further examples of specific types of harassment but, once again, should not be considered as an exhaustive list Homophobic harassment i.e. harassment directed at homosexual persons or groups on the grounds of their sexual orientation (applying equally to homosexual men or women) 3 Harassment in respect of a recipients disability or impairment Repeated gibes in respect of personal traits or appearance, practical jokes or invasions of privacy, any or all of which may cause physical or psychological distress Code of Practice Advice and information will be available from appropriate members of the school’s leadership team (as defined in the guidelines for dealing with personal harassment) to any pupil or member of staff. When reported, complaints of harassment will be considered with all possible speed and the school will take appropriate action. Should any delay occur, explanations will be given to all parties concerned. Cases of harassment, wherever possible, will be resolved informally. However harassment may provide grounds for disciplinary action against individuals up to and including expulsion or dismissal from the school. (usually made up of members of the governing body) Panels which handle disciplinary or grievance procedures relating to harassment should consider seeking advice from someone with particular expertise or training in such issues e.g. the Human Resources team at Leeds City Council The School recognises that it has an equal duty of care to both the person making the complaint and the alleged harasser and allegations will be properly and sensitively investigated. Cases of alleged harassment will be investigated impartially by the School, which will ensure that the alleged harasser(s), and the person making the complaint are given a clear account of the allegations and are able to seek appropriate guidance and assistance in presenting their case. Any allegation of harassment will be treated with respect. However, the School has a duty of care to all its members, both staff and pupils, and to visitors. When informed of an incident it may be necessary, in exceptional circumstances, for further action to be taken even if this is not the course of action sought by the complainant. In these circumstances the complainant will be advised of the action to be taken and the reasons for doing so. In all cases, information will only be divulged to key individuals within the system who have the responsibility and authority to take action on harassment. The School will treat as confidential all records concerning allegations or complaints of harassment. 4 The possibility that complaints might be brought with mischievous or malicious intent is also recognised by the School and may provide grounds for disciplinary action against individuals doing so up to and including dismissal/expulsion from the School. GUIDELINES FOR DEALING WITH PERSONAL HARASSMENT If you feel that you are being subjected to harassment in any form, do not feel that it is your fault or that you have to tolerate it. Nor should you be deterred from making a complaint because of embarrassment or fear of intimidation or publicity. The school will treat all complaints sensitively and appropriately and take all reasonable action to protect the complainant. There are various steps that you or the School can take to deal with harassment, both on an informal or formal level. You should take any action you decide upon as quickly as possible. Whichever route you choose, you are advised to keep a written record of all relevant incidents, including dates and times, and the names of any witnesses. N.B. A complaint should be logged as promptly as possible or at least within 60 working days of the last example of bullying or harassment. If the complaint is lodged after this time the school will be unable to take further action (see Local Authority Guidelines) Step One – Personal Action If you feel able you should make it clear to the person causing the offence 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 make your concerns known to the person concerned this does not constitute consent to the harassment nor will it prejudice any complaint you may bring. Step Two – Informal Action If you do not wish to raise the matter with the individual personally or if the behaviour continues following your request for it to stop, you are advised to speak to, if you have not already done so, with a member of the School Leadership Team or the Learning Mentor. They will listen to your concerns and give you advice and information about the routes open to you. 5 Step Three – Formal Action If the situation has not been resolved following informal action, or you are concerned at the serious nature of the harassment then you are advised as follows: As a member of staff, to seek a confidential interview with the Head Teacher or Deputy Head Teacher. As a student, to seek a confidential interview with your teacher, Head Teacher or the Learning Mentor. At this point a bullying/harassment form will need to be completed (see appendix 1) You may wish to be accompanied at such an interview and this wish will be respected in line with the Bullying and Harassment Policy and Procedure for the Local Authority. The purpose of the interview will be to discuss the nature of the harassment and decide on a way forward which is acceptable to all parties. You or someone authorised to act on your behalf may make a formal complaint under the grievance or complaints procedure as appropriate. Cases of physical, sexual or racial assault. If you have been assaulted, seek help immediately. You should report the assault to the police. If you have been physically or sexually assaulted or raped, seek medical help and advice. If you have contacted the police they will make these arrangements for you. For your own protection and for the protection of others it is important that the offender be dealt with. Where such an incident occurs within the School environment, Leeds City Council will need to be notified. Support The following resources are available to all staff: Unions (see appendix 2) Leeds City Council Human Resources CareFirst – Counselling Service (available through HR) ACAS – www.acas.org.uk or 08457 474747 Should an employee choose to move to the formal stage, it is recommended that they first contact their trade union or other representative. 6 The following documentation should be read in conjunction with this policy: Single Equality Scheme Policy for the prevention of Racial Harassment Discipline and Grievance guidelines Whistle Blowing Procedure and Policy Anti-Bullying Policy Bullying at Work (section 6.4 in Personnel handbook) Bullying and Harassment Policy and Procedure for Leeds City Council. Policy written by Equal Opportunities Co-ordinator: October 2011 Approved by staff: November 2011 Approved by Governors: Review date: 7