STAFF HARRASSMENT POLICY Pages Issued 5 September 2009 POLICY TO PREVENT HARASSMENT AND BULLYING 1. Policy Aims Through this policy the college aims to: 2. Foster a working and learning environment where individuals and groups treat one another with dignity and respect. Provide a climate where employees and students feel able to raise complaints of harassment without fear of ridicule or victimisation Ensure employees and students are aware of behaviour that may constitute harassment and that such behaviour is unacceptable, should be avoided, will be challenged and could lead to disciplinary action. Provide arrangements for full and fair investigation of complaints of harassment with appropriate confidentiality Encourage the internal and informal resolution of complaints. Policy Statement The City of Stoke on Trent Sixth Form College is committed to the continued development of a positive and productive working and learning environment that is free from harassment, including discrimination, victimisation and bullying. All members of the college community, together with visitors to the college, are entitled to be treated with dignity and respect and the college is committed to fostering a culture that supports, promotes and encourages this. Any incidents of harassment may be regarded as grounds for disciplinary action by the college. Allegations of harassment will be taken seriously. Formal complaints will be investigated and conducted in a manner that will protect those who complain and those who are subject to complaint. The making of malicious, vexations or spurious allegations may give rise to action under the College’s Disciplinary Procedures. Review Number Date 1 26.09.13 2 3 4 5 6 7 8 9 STAFF HARRASSMENT POLICY 3. Pages Issued 5 September 2009 What Is Harassment? Harassment is defined, broadly, as any kind of unwanted and offensive behaviour which is directed at an individual or a group of individuals with the purpose or effect of violating the dignity of that individual or group of individuals and of creating an intimidating hostile, derogatory, humiliating or offensive environment. 4. Grounds of Harassment The following is not an exhaustive list but harassment may occur on the grounds of: - Sex - Disability - Age - Gender - Race or Ethnic Origin - Nationality - Religion or Belief - Marital or Family Status - Sexual Orientation - Gender Re-assignment - Political Opinion - Social Background This applies also to any such discrimination on the grounds of association. In addition, outside of the above grounds, conduct which causes another to fear violence will be used against her/him, may be seen as harassment. 5. Forms of Harassment Harassment can range from the extremes of bullying and violence to less obvious and more subtle actions which will be equally unwanted, unwelcome and unpleasant behaviour. Forms of harassment will include: physical contact ranging from touching to serious assault verbal or written harassment through teasing, jokes, gossip, slander, name calling, offensive language, sectarian songs, etc. graffiti, flags, emblems, visual display posters, obscene gestures offensive e-mail, screen savers etc. Review Number Date 1 26.09.13 2 3 4 5 6 7 8 9 STAFF HARRASSMENT POLICY Pages Issued 5 September 2009 isolation at work, exclusion from social activities coercion, ranging from pressure for sexual favours to pressure to participate in political/religious groups intrusive behaviour such as pestering, following, spying This list is not exhaustive. 6. Effects of Harassment The effects of harassment can be extremely serious, with victims experiencing severe stress, anxiety and emotional problems. All of which can put strain on working, personal and family life. This can lead to illness, absenteeism, lack of drive, lack of interest and commitment and poor performance at work or college. 7. Dealing with Harassment No employee or student of the College should have to tolerate harassment at work or study and procedures which are available to deal with allegations of harassment problems are outlined in the following paragraphs. It is worth noting that harassment problems can raise particularly sensitive issues and all parties involved should proceed with this in mind. 7.1 Informal Action 7.1.1 Personal Action Often, harassment problems can be resolved on an informal basis, and this approach may be enough to produce a speedy, satisfactory solution. This will often avoid embarrassment and reduce the risk of breaching confidentiality. It is recommended, if at all possible, that the person who believes they are suffering harassment, raise the issue with the perpetrator, pointing out that their behaviour is causing offence and is unwelcome. Sometimes individuals are unaware that their behaviour is causing offence. Review Number Date 1 26.09.13 2 3 4 5 6 7 8 9 STAFF HARRASSMENT POLICY Pages Issued 5 September 2009 7.1.2 If the victim feels uncomfortable with approaching the perpetrator directly, or, that step has been taken and failed, then help should be sought from her/his manager or, alternatively, a colleague or union representative, as appropriate. Students should contact – a member of staff, Personal Tutor, Senior Tutor. It may be useful, at this stage to discuss the problem with the personnel dept. The aim of an informal approach is to bring about a rapid and permanent end to the offensive behaviour. 7 .2 Formal Procedure A formal procedure will need to be instigated where: - The informal action has failed ( problem continues or some form of retaliation occurs) - The nature of the complaint is serious enough to require more than informal action. 7.2.1 For employees, the college’s Grievance Procedure will apply. This is available from the personnel department The college Grievance Procedure states that complaints, initially, should be raised with the immediate manager. However, this may be difficult, given the sensitive nature of a complaint, or if the manager is the alleged perpetrator. Employees have the option of raising the issue with another senior manager, the personnel manager, a union official, a specially trained advisor, or, with the Principal, directly. Once the formal procedure has been initiated, the Principal will appoint someone to carry out a prompt, thorough and totally impartial investigation. Review Number Date 1 26.09.13 2 3 4 5 6 7 8 9 STAFF HARRASSMENT POLICY Pages Issued 5 September 2009 Once the investigation is complete, a report will be submitted to the Principal who will decide what, if any action is to be taken. The decision of the Principal is final. The rights of both parties to be accompanied at interview will apply. Strict confidence will be applied throughout and this will be emphasised to all witnesses interviewed. Harassment is a conduct issue and the college’s disciplinary procedure will apply. The point of entry into the disciplinary procedure, should a complaint be upheld, will depend upon the seriousness of the offence in line with the colleges current disciplinary procedure. 7.2.2 For students, the college’s ‘Concern or Complaints’ procedures apply. Details and documents are available from Reception. Concern: an issue where a person wishes to register unease about a situation without, (at least initially), proceeding to a formal complaint. Complaint: an issue which is formally documented, with a formal record of the complaint and a written response to the person making the complaint. The Principal takes a personal interest in complaints from students and confidentiality is maintained wherever possible. 8. Legal Action Staff should be made aware that not only is harassment a breach of college policy, but, under the Protection of Harassment Act 1997, it may be unlawful and open to civil and criminal action. Where an alleged case of harassment appears to constitute a criminal act, the complainant may be referred to the Police. 9. Malicious or Vexatious Complaints Any complainant found to be making malicious or vexatious complaints will be subject to appropriate disciplinary action. Review Number Date 1 26.09.13 2 3 4 5 6 7 8 9 STAFF HARRASSMENT POLICY 10. Pages Issued 5 September 2009 Responsibilities Every member of the college, staff and students, is expected to treat others with mutual dignity and respect. Everyone has a responsibility to ensure they do not behave in a manner that could be intimidating or offensive to others. The college has a responsibility to investigate any complaints of alleged harassment as a serious matter which could, if substantiated, lead to disciplinary action. The college has the responsibility of ensuring that all staff and students are aware of the policy and procedure. Review Number Date 1 26.09.13 2 3 4 5 6 7 8 9