CARDIFF UNIVERSITY RELIGION AND BELIEF POLICY 1 POLICY ON RELIGION AND BELIEF 1 Policy Statement 1.1 Cardiff University is committed to supporting, developing and promoting equality and diversity in all of its practices and activities. The University aims to establish an inclusive culture free from discrimination and based upon the values of dignity, courtesy and respect. The University recognises the right of every person to be treated in accordance with these values. Such an environment cannot be created or sustained if staff or students are subject to any type of discrimination because of their faith, religious affiliation, philosophical beliefs or non-belief. 1.2 Cardiff University welcomes all people regardless of their religions, philosophical beliefs and faiths and is strongly committed to promoting equality of opportunity in all its activities. It is incumbent upon all members of the University community to behave with dignity, courtesy and respect and to act in a non-discriminatory manner at all times. Cardiff University is a secular organisation that does not require or promote religious belief in general or any religious belief in particular, but historically its governance has included some statutory role for organised religion. Cardiff is a multicultural city in which many religious faiths are practised. The University permits religious worship and the acknowledgement of religious occasions on its premises where this does not interfere with the academic purposes of the University. 1.3 The University is an academic institution committed to the values of open and rational debate. The University is committed to providing an environment where individuals can act in accordance with the right to academic freedom within the law and the University and its staff will conduct themselves in accordance with the University’s Charter and statutes (including STATUTE XVIII - Academic Staff). 1.4 The University is committed to protecting and promoting the rights of every member of the University community to freedom of thought, conscience and religion, freedom of expression and freedom of association. These rights apply to people with or without formal religious affiliation, of all faiths and none, and provide for the principle of respecting other people’s freedom to express their beliefs and convictions. However, any expression of belief has to take account of the rights and reasonable sensitivities of others. What is appropriate will depend on the circumstances but any attempt to bully or coerce others to comply with a particular belief system, for example through threats will not be acceptable. It is also unacceptable to attempt to bully or coerce others to reject any philosophical belief system or religion. 2 2 The University seeks to ensure that: The University’s policies for student and staff are based on relevant criteria that promote equality and do not discriminate on grounds of religion, religious or philosophical belief or non-belief Individuals and groups are treated with dignity and fairness whatever their religious and/or philosophical beliefs may be. There are informal and formal complaints procedures in place to raise complaints of discrimination relating to religion or philosophical belief Where possible, appropriate facilities are provided and service accessibility is considered to meet the spiritual and religious needs of all staff and students. It promotes a positive University environment in which open and constructive debate is encouraged It cultivates a supportive environment for staff and students in which all who wish to can express and practice their religious or philosophical beliefs It does not tolerate discrimination, harassment, bullying or victimisation on grounds of religion or philosophical belief 3 The Legal Context 3.1 The Employment Equality (Religion or Belief) Regulations 2003 The Employment Equality (Religion or Belief) Regulations apply to all staff and students in higher education and make it unlawful for anyone in the University to discriminate against directly or indirectly, harass or victimise any member of staff or any student because of the religion, religious belief or philosophical belief held by: The individual (because of actual or perceived belief or lack of religion or philosophical belief) A person or persons with whom the individual associates, or A member or members of their family 3.1.2 It is unlawful to discriminate against any individual on the basis of them belonging to, or not belonging to, any particular religious or philosophical belief group. 3.1.3 The regulations do not specifically define religion or philosophical belief. The courts will decide which particular groups would be protected by the legislation by considering the presence of the following: Collective worship A clear belief system A profound belief affecting the way of life or view of the world 3.1.4 The Regulations apply to all employment practices, and vocational training including: Recruitment and selection, Promotions and Transfers Terms and conditions of employment 3 3.2 Dismissals Employment references (including post termination) Vocational Training (this includes all Higher Education Courses) The Equality Act 2006 3.2.1 Part 2 of the Equality Act 2006 came into effect on 6 April 2007 and makes it unlawful to discriminate on grounds of religion or belief: in the provision of goods, facilities and services in the disposal and management of premises in education in the exercise of public functions 3.2.2 Exceptions apply where the purpose of an organisation is to: practice, advance or teach a religion or belief enable people to receive some benefit, or to carry out some activity within the framework of a religion or belief or maintain good relations between persons of different religions or beliefs 3.2.3 The Racial and Religious Hatred Act 2006 The Racial and Religious Hatred Act 2006 amends the Public Order Act 1986 and provides a new criminal offence of stirring up racial hatred against a person on racial or religious grounds. The offence applies to words or behaviour which are threatening and intended to stir up religious hatred. 3.3 The Human Rights Act 1998 The Human Rights Act 1998 gives legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights include the right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression and freedom of association. Under the Act there is also the responsibility to respect the rights of other people and not to exercise your rights in a way which is likely to prevent others from being able to exercise theirs. 4 GUIDELINES ON RELIGION & BELIEF 1. These guidelines should be read as part of the wider set of policies, procedures and guidance provided by the University on specific issues including: Equality & Diversity Policy Dignity at Work and Study Policy Race Equality Scheme & Action Plan Grievance Procedure for Staff Complaints Procedure for Students Recruitment and Selection Policy and Guidelines Staff Development and Appraisal Procedure Widening Participation Guidelines The University Code of Practice on Freedom of Speech Staff Worklife Balance Schemes provision Senate Regulations on Student Absence and Assessment Health and Safety Policy Security Guidelines Religious worship and participation in activities 2. Religion and Belief in the workplace 2.1 Recruitment and Selection The University’s recruitment and selection procedures are designed to ensure equality of opportunity for all applicants and to select the best candidate, based on merit, for each vacancy. 2.2 When preparing the person specification for a post, managers should take care not to include requirements which may discriminate on the grounds of religion or philosophical belief. For information on recruitment and selection issues staff should refer to the Recruitment and Selection Policy and Recruitment and Selection Guidelines and contact Human Resources for advice. http://www.cf.ac.uk/humrs/recruit/recdocumentation/recruitment-documentation.html 2.3 Staff - religious observance during the working day The University recognises that some members of staff may wish to pray or worship during the working day. Managers should aim to accommodate these wishes by allowing staff to undertake observances at the desired times wherever practicable. However, all staff, regardless of religious or philosophical belief or non-belief are required to work in accordance with their contract and, in permitting time away from work for this purpose, the University expects that staff will make up any time to fulfil their contracted hours of work. Also, in deciding whether or not to grant a request, Managers should take account of business needs and the duty to treat all staff fairly. 5 2.4 Staff may request that their lunch break coincides with their religious obligations to pray at certain times of the day. On receiving such a request, managers should try to be flexible in accommodating these needs. 2.5 Wherever possible, the timing of key meetings should take account of the attendees’ religious needs (see also link to calendar below). 2.6 Confidentiality Managers should be aware that an individual’s religious beliefs or beliefs of a similar nature are sensitive personal data and unless already known to colleagues should not be disclosed to them without prior discussion with the individual. 2.7 Staff leave for religious or philosophical belief purposes Members of University staff may request to take paid leave from their annual leave entitlement to participate in their religious festivals, celebrations or ceremonies. It is the staff member’s responsibility to make leave requests reasonably in advance in order to maximise the opportunity for leave to be granted. Line managers should consider all requests in light of operational requirements. Requests should not be refused unreasonably. 2.8 Time off can be accommodated using annual leave, time off in lieu or in certain circumstances unpaid leave, especially where lengthy periods of leave are requested for a pilgrimage or to attend ceremonies related to births, weddings or deaths (staff should also refer to the University’s Special Leave and Work/life Balance Policies). 2.9 A religion and holy day calendar can be found at http://www.interfaithcalendar.org/ or at the BBC’s website, which also provides some further information about commonly practiced religions or beliefs: http://www.bbc.co.uk/religion/religions. 2.10 Staff Duties The University engages in many activities and research projects which in some circumstances an individual may object to on the grounds of their religious or other belief. It is accepted that such situations may arise in such a diverse and international community and managers should deal sensitively with any such situation that arises. Where a member of staff is required as part of their duties to undertake activities that they object to on the grounds of religious or other belief, they should inform their manager of this. This should include the reasons why the activities they are being required to undertake are objectionable on religious grounds. HR will provide advice and support in these situations. 6 3. Providing support for students 3.1 Recruitment and Selection of Students It is the University's aim to recruit and admit students who have the potential to and who are most able to benefit from the University's learning, teaching and research environment. Admission to the University is based upon an assessment of an applicant's suitability and potential against specific entry requirements for a programme of study. The Admissions Framework explains the University's admissions process for potential applicants, applicants and their representatives. http://www.caerdydd.ac.uk/regis/general/applyonline/index.html 3.2 Students – non-attendance for religious or philosophical belief purposes The university provides some quiet/contemplation rooms for use by staff and students to assist students to observe the requirements of their religion and pray at certain times of the day (see 4.1 below). 3.3 Students who wish to fulfil their obligation to pray should, wherever possible do this either before or after lectures/classes, however this may not always be possible. Pressure on the academic timetable and on teaching space can mean that times of religious observance are included in the student working week. The timetabling of lectures and learning activities may result in a regular conflict with prayer times or times of observance for some students. If there is a conflict between the timing of classes and religious needs, students should draw this to the attention of the relevant staff. If it is practical, and taking into account the interests of other students, alternative arrangements may be made. Should there be difficulties reconciling a student’s educational and religious needs procedures in the University’s Dignity at Work and Study Policy should be followed. 3.4 Staff should also be aware that particular religious or cultural requirements may involve a lengthy absence period for travel abroad e.g. for a wedding or funeral. If this occurs students should discuss the effect of this on their study with relevant staff in advance of their absence. Depending on the timing and duration of the absence from the course it may affect the duration of the course and timing of assessment. Such cases will be dealt with under the regular Senate Regulations e.g. absence, assessment. The specific procedures for monitoring and regulating absence included in the Senate regulations should be used by school to monitor absences. http://www.cf.ac.uk/regis/sfs/regs/index.html Part 2 – Attendance and Progress Student Absence Procedure - Interruption of Study and Failure to Engage, Paragraph 2.3.7 (absences over 10 days) 3.5 Students are responsible for making up for missed learning opportunities resulting from participation in prayer, religious festivals and other absences. 7 However, tutors should be supportive in this by ensuring that any handouts normally distributed in the class are made available. 3.6 It may not be possible for students to have access to the same level of prayer facilities or time off to attend prayers during work placements. For example, a number of degrees which lead to a professional qualification have training elements which may cut across religious observances. 3.7 It is common that all formal clinical teaching sessions are compulsory as well as small group seminars and practical classes. It may not be possible for students to miss compulsory clinical sessions on the grounds of a religious or philosophical belief. A student may fail to meet the requirements of the professional bodies for fitness to practice if they miss compulsory sessions. As healthcare professionals, the management of patients will necessarily take priority and professional obligations will need to be fulfilled e.g. On-call duties during religious festivals. This may also be the case during clinical training when it will not be possible to re-provide clinical teaching that may be missed through absence. 3.8 Some other courses may also have compulsory attendance and it would not be possible for students to miss compulsory elements of these courses. A student may fail to meet the requirements of the professional bodies for fitness to practice if they miss compulsory sessions. Any literature relating to qualifications that include compulsory attendance should make this element of the qualification clear, explaining that the University will not be able to offer flexibility regarding the times and locations of the compulsory elements. 3.9 Religious festival and assessment deadlines Schools and departments are advised to ensure that they publicise coursework deadlines etc. well in advance. If the deadline falls on an important religious day, the student should have been prepared to submit it in advance. 3.10 Students – assessment scheduling The University will seek to accommodate requests from students unable to sit examinations on certain days on religious grounds in accordance with the assessment regulations. (See assessment regulations for further details) http://www.cf.ac.uk/regis/sfs/regs/index.html Reference: Assessment - Taught Programmes Senate Assessment Regulations for Taught Programmes of Study paragraph 9.11 (for arrangements relating to assessment and examinations) 3.11 A religion and holy day calendar can be found at http://www.interfaithcalendar.prg/ or at the BBC’s website, which also provides some further information about commonly practiced religions or beliefs: http://www.bbc.co.uk/religion/religions. 8 3.12 Student Participation in Specific Activities Similar to ‘Staff Duties’ above, if a situation arises where a student objects to activities or research projects on the grounds of their religion or belief, they should raise this with their tutor. Advice can be obtained from Governance and Compliance on such issues. 3.13 University Residences It is the policy of the Residences Office to allocate students to mixed flats in terms of gender and nationality/race, including study bedrooms on the ground floor. If students would like to request that they be allocated a Male or Female only flat, they can note this in the appropriate place on the online application form. University Residences includes a female only residence at Aberdare Hall. The Allocations team should make every effort to accommodate requests for single sex accommodation. 4. University Facilities and Procedures 4.1 Quiet rooms The University aims to accommodate needs relating to religion and philosophical belief by providing a suitable space but, in providing facilities, the University has to judge what is reasonable and practical given the demand, the cost and its business requirements. 4.2 Religious dietary requirements Cardiff University will respond positively to requests for food that meets staff and students’ dietary requirements (e.g. vegetarian, kosher, halal). 4.3 Staff organising refreshments and buffets for meetings should consider the dietary requirements of participants by asking for dietary requirements and arranging a range of food to include vegetarian, vegan etc. Any food on offer should be labelled or served separately to ensure that participants can choose appropriately. 4.4 The University encourages staff members who are organising work functions and events related to work, to consider potential conflicts between a member of staff’s religious or philosophical beliefs and his/her ability to engage in activities involving food and alcoholic drink. 5. Religious dress/symbols 5.1 The University does not currently have a dress code in place for its staff or students and respects each individual’s freedom of expression in the way that they choose to dress. Some schools or specific posts may be subject to relevant Health and Safety requirements which may require safety clothing to 9 be worn or caution to be taken with clothing and /or accessories in order to protect the safety of the individual (or that of others). This may be particularly relevant in clinical or laboratory settings. For advice and guidance see the Health and Safety policy along with any specific policies relating to the school/directorate. 5.2 If there is dispute or concern about health and safety implications about a particular form of dress, the University’s Health and Safety and HR functions can provide further advice. 5.3 The wearing of slogans and symbols on clothes which may be considered offensive, for example slogans that may amount to harassment on the grounds of religion, philosophical belief or non-belief will be a breach of the Dignity at Work and Study Policy and as such may result in disciplinary action (see complaints guidelines below). 5.4 Arrangements have been put in place to deal sensitively with any issues regarding procedures for identification cards. Please refer to the University policy and guidelines on ID cards and the Examination Invigilators Handbook Guidelines for information. If you would like further advice please contact Human Resources if you are a member of staff or student advisory services if you are a student. Policy and guidelines on ID cards: http://www.cf.ac.uk/secty/idcards/index.html Health and Safety policy and guidelines: http://www.cardiff.ac.uk/osheu/index.html 6. The Chaplaincy The Chaplaincy aims to provide spiritual and pastoral support to the University community. The Chaplaincy currently comprises representatives from the Christian faith however the Chaplaincy is available to give advice and support on wider issues relating to any religion or belief and to facilitate discussion over any concerns or difficulties experienced. As a result of the religion and belief policy the University also hopes to look at the possibility of developing the role of the Chaplaincy to provide a multi-faith service. 7. Freedom of thought, conscience and religion and Freedom of Speech 7.1 The Religion and Belief policy should be read in conjunction with the Code of Practice on Freedom of Speech. The Code of Practice does not stifle lawful, legitimate criticism of, or debate about a religion or belief for academic purposes. However, it does take into account other legal obligations, for example, incitement to racial hatred would transgress the bounds of lawful speech. . The University is committed to providing an environment where individuals will act in accordance with the right to academic freedom within the law and the University and its staff will conduct themselves in accordance with 10 the University’s Charter and statutes (including STATUTE XVIII - Academic Staff). 7.2 The University is an academic institution committed to the values of open and rational debate. The right to freedom of thought, conscience and religion is absolute. However, any manifestation of beliefs has to take account of the rights and reasonable sensitivities of others. What is appropriate will depend on the circumstances but any attempt to bully or coerce others to comply with a particular belief system, for example through threats or may result in disciplinary action (see Complaints Procedure below) 7.3 The Interfaith network’s Code on Building Good Relations with People from Different Faiths and Belief provides advice on ensuring that discussion of religion and belief can take place in a way that allows respect and courtesy to be maintained. 7.4 Rental of Meeting and Conference Facilities Inciting racial hatred is a legal offence that applies to words or behaviour that is threatening and intended to stir up racial or religious hatred. The University does not permit the use of its meeting and conference facilities for meetings or events that are aimed at inciting hatred towards any religion or belief group or towards anyone not sharing their own religion/belief. The University also does not permit the use of its meeting or conference rooms for inciting hatred against the wider community on the basis of religion, philosophical belief or any other reason. The University reserves the right not to accept bookings for any of its meeting or conference facilities if they are deemed inappropriate in this respect. 8. Policy Management 8.1 Complaints procedures The University’s policies state that all staff and students have the right to work, study and live without fear of discrimination, intimidation, harassment and threatening or violent behaviour. 8.2 The University will not tolerate discrimination (direct or indirect), harassment, bullying or victimisation of any member of the University community or of visitors to the University because: of their religion or belief (perceived or actual), they have no religion/belief they have changed or renounced their religious/belief allegiance of the religion or belief of person or persons with whom the individual associates of the religion or belief of a member of their family 8.3 The University will not tolerate behaviour that uses religion, philosophical belief to harass or discriminate against others on the grounds of gender, ethnicity or sexual orientation. 11 8.4 In line with the principles outlined throughout this document lawful behaviour may however include non-violent protest on the grounds of religion or belief (where this does not constitute another unlawful act) and criticism that does not transgress the bounds of lawful speech. To assert that another religion or belief is false in its teachings is acceptable within the bounds of lawful speech. On the other hand, to stir up hatred against individuals who hold a particular belief or do not hold the same beliefs is not. To advocate acts of violence or compulsion against an individual(s) for reasons of custom or non-compliance with a particular belief system is also unacceptable. Actual violence, threats, and verbal abuse or criminal damage to property is unlawful. Stating that another system of belief, or lifestyle, is wrong however comes into a different category of legitimate debate. 8.5 Contravention of the Religion and Belief Policy will be treated as a disciplinary matter and offenders will be dealt with under the University Disciplinary policy for staff or the Student Disciplinary Code. 8.6 The Dignity at Work and Study Policy sets out a range of informal and formal procedures that individuals can use to raise concerns or make a complaint of discrimination or harassment. Dignity Advisors can provide advice to staff and personal tutors, Student Support and the Students Union can provide advice to students in the first instance. 8.7 If you feel that you have been discriminated against in any way please follow the procedures identified in the University’s Dignity at Work and Study Policy or Complaints Procedures. Student complaints procedure: http://www.cf.ac.uk/cocom/student/index.html Staff Grievances: http://www.cf.ac.uk/humrs/staffinfo/policyprocedures/index.html 8.8 The University will work with the Students Union to resolve any issues, complaints or queries relating to Union activities, membership or societies that are relevant to religion and belief. 9. Monitoring, evaluation and review 9.1 The University's Equality and Diversity Committee will monitor and evaluate the policy on Religion and Belief. 9.2 The University has amended its staff data collection questionnaire to include monitoring question relating to religion and belief. The University 12 asks for this information in order to monitor the application of its policies and procedures and employment opportunities to ensure that we can identify and remove any barriers or adverse treatment based on religion and belief and promote equality including positive action initiatives where appropriate. The provision of this monitoring information is optional however data will be treated as confidential and only used for the purposes outlined above. 9.3 The University's Policy on Religion and Belief will be reviewed not less than every three years. 9.4 The University’s impact assessment tool will include provision for monitoring the impact of policies and procedures on issues relating to religion and belief. 9.5 A number of staff and student surveys will include provision to collect disaggregated data relating to equality on the grounds of religion and belief.