Harassment Policy and Procedure
Guidance, Principles and Procedures for dealing with Harassment
1.
Introduction
The Corporation's aim is to have an environment which is conducive to effective work and study,
ie all college members should feel comfortable and work and study in a friendly, co-operative
way. This is the acceptable and reasonable standard it expects.
The Corporation finds harassment in College unacceptable and it will therefore not be tolerated.
To prevent harassment in College the Corporation has procedures which make it clear that all
forms of harassment will be dealt with. All College members have a right to effective remedies
when incidents occur and procedures ensure that quick and effective action is taken.
The Policy applies to Governors, students, staff, contractors, visitors and the College Code
makes a clear statement about the unacceptability of harassment and warns of the
consequences of such behaviour. Harassment could lead to formal warnings and possible
dismissal for staff, expulsion for students and barring for visitors and contractors from entering
College premises.
It is important to recognise that conduct which one person may find acceptable, another may
find totally unacceptable. All employees must, therefore, treat their colleagues with respect and
appropriate sensitivity.
Complaints of harassment will be dealt with seriously, sympathetically and action will be taken
promptly to investigate such complaints.
Complaints will be carefully tracked and a note of how they are resolved will be kept.
1.1
Background
Harassment is a serious problem which has often been dismissed as individuals being
over sensitive. It can affect people's health, work, performance, and job prospects.
‘Bullying’ or ‘harassment’ are phrases that apply to treatment from one person (or a
group of people) to another that is unwanted and that has the effect of violating that
person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive
environment for that person.
It is not the intention of the perpetrators but the deed itself and the impact on the
recipient that determines what is harassment.
An act of harassment may not affect the person it was directly aimed at but another
person may feel harassed by their treatment of that person.
Forms of harassment may include:
Physical contact
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unwanted contact, bullying, assault, gestures, intimidation or
aggressive behaviour, touching, pestering, following or spying.
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Verbal/written
unwelcome remarks, lewd comments, suggestions and proposals,
malicious gossip, jokes, banter, insult or innuendo, hate mail,
sectarian remarks, ridicule
Non verbal
offensive literature or pictures, E-mail, graffiti, computer images,
flags or emblems, isolation or exclusion, including from social
activities, non co-operation, coercion both sexual or religious.
This list is by no means exhaustive.
The basis for harassment can be diverse:
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disabilities, impairments or learning
difficulties
belief, religious or political views or
convictions
race ethnicity, skin colour or age
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real or suspected infection with
AIDS/HIV
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wearing of offensive or
provocative insignia
subjective assessment of work
standard
gender, gender reassignment or
sexual orientation
marriage, civil partnership,
pregnancy, maternity
Unacceptable behaviour includes:
*
Spreading malicious rumours, or insulting someone (particularly on
gender/race/disability grounds)
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Copying memos that are critical about someone to others who do not need to
know
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Ridiculing or demeaning someone – picking on them or setting them up to fail
*
Exclusion or victimisation
*
Making threats or comments about job security or their course of study without
foundation.
The communication can be in any form.
Harassment or bullying may be perpetrated by people within the College on each,
by college users on people outside the College or by people from outside college
on College users. No form of harassment is acceptable to the College.
It is the duty of all staff and students within the College to take responsibility for their own
behaviour towards each other and stop behaviour that does not conform with this Policy
where and when it occurs. Ultimately the College disciplinary codes will be invoked
against those staff or students who harass others.
Bullying does not include appropriate criticism of an employee’s or student’s behaviour
or proper performance management.
1.2
Harassment and the Law
Harassment is unacceptable in College and can be challenged in law, namely:
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Equality Act 2010
Fair Employment Acts 1976 and 1989
Health and Safety at Work Act 1974
Employment Protection (Consolidation) Act 1978
The Criminal Justice Public Order Act 1994
EC Resolution 1990 on the protection of dignity of women and men at work A Code of practice on measures to combat sexual harassment
The Protection from Harassment Act 1997
The College is prima facie liable for what their employees do in the course of their
employment, whether or not it is aware of their actions. They may avoid liability for
harassment amounting to unlawful discrimination only if they can prove they took
appropriate measures to ensure offending acts were not carried out. The employer’s
liability is in addition to that of the individual employee’s liability for his/her actions.
It is important to note that alleged harassers need not realise they are causing distress.
They are liable if a reasonable person would know that they were. Causing such
distress more than once could be described as bullying. This applies to, sexual
orientation, racial or disability discrimination where criminal and/or civil action can be
taken. Anyone found responsible for harassment of another may be personally liable,
should the complainant undertake legal proceedings.
Where possible the harassed person should make it known to the perpetrator that their
behaviour is unwanted.
Claims from individuals may be brought within the court system as well as, for staff, the
tribunal system. No position will be jeopardised nor will they suffer any form of detriment
or be victimised by filing a complaint involving harassment. This includes, for staff, terms
and conditions, recruitment, promotion or responsibilities.
1.3
Responsibilities
It is the duty of every member of the College and those visiting College premises to take
responsibility for their behaviour and modify it if necessary as harassment is not
acceptable under any circumstances. In the event of a failure to do so, disciplinary
action in accordance with the College's disciplinary procedure may be a consequence
and anyone found responsible may also be held personally liable should the person who
has been harassed undertake legal proceedings. Managers are required to ensure that
the policy is effectively applied and that harassment does not occur.
The Corporation will ensure that this policy is widely publicised and its contents made
known to all staff, students, contractors and visitors.
1.4
Training
Information will be provided, to staff as part of the induction process. Specific training
will also be provided for managers to ensure they gain the knowledge, skills and
awareness of the relevant legislation necessary to operate the College's policy efficiently
and effectively and to communicate this to their staff and students.
1.5
Support Framework
Harassment, bullying and abuse can initially develop relatively unnoticed or from what
was originally believed to be an innocent situation. Once it is recognised the victim may
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well want support. There are a variety of ways this may be available. Below are
College, personal or professional references that could be used.
College Counsellor
who provides confidential support from someone trained to
listen and advise, discuss options, talk through procedures.
The counsellor will have no formal part in procedures as
what is discussed is confidential
A line manager
who may be able to put things in context or advise on
procedures. Where the person in authority causes
harassment it may be that their superior would be the one
to approach.
Union representative
who can explain and provide professional expertise and
possibly assistance in making a complaint.
Tutors/mentors
who have a professional responsibility to assist
Personnel staff
who can advise on procedures, actions or rights
If, after an investigation, one of the parties concerned in a personal harassment case has
to be removed from the workplace, then as a matter of principle, the alleged harasser will
be moved rather than the complainant.
1.6
Review and Monitoring of the Procedure
It will be the responsibility of the Personnel and Equality Director to review and monitor
the progress of the policy and the procedure on an annual basis and bring about change
where necessary.
2.
Procedures for dealing with Harassment
2.1
Introduction
Complaints of harassment need to be handled in a sensitive manner. The procedure
therefore seeks to ensure minimal stress for all concerned, timely resolution of
complaints and a degree of flexibility appropriate to individual circumstances.
The College will not normally consider a complaint of harassment raised more than
twelve months after the series of incidents to which it relates or two weeks in the case of
an isolated incident.
At all stages of the procedure, the need to maintain confidentiality will be paramount.
Information circulation will be minimised to that which is necessary to ensure a fair
investigation and hearing.
This procedure is separate from the disciplinary procedure, which may be used following
the results of the investigation under this procedure. Alternatively, an incident may be
serious enough to proceed straight away with the disciplinary procedure.
If at any stage in this procedure an employee does not receive a response to a formal
complaint in accordance with the specified or agreed time limits, or where the response
is inadequate or in appropriate, the employee is entitled to raise the matter under the
Corporation's Grievance Procedure.
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It is recognised that in bringing a complaint, the complainant must be protected from
further harassment or detriment arising from the alleged incident and associated
complaint.
College members are encouraged to deal with the unwanted behaviour immediately as it
happens by talking to the person informally and pointing out that their behaviour is
unacceptable.
2.2
Keeping a record
It is important that anyone who believes that they have suffered from harassment should
keep notes of the details outlined below for each incident and that they are made as
soon after the event as possible.
Detailed notes should include the following:
*
*
*
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2.3
Date
Time
Place
Name of person harassing them
What actually happened
How the person actually felt at the time
Name of any witnesses
Action taken and whether reported to management
Any correspondence relating to the incidents and subsequent complaints
Stage 1
Informal Resolution
Before taking formal action you may wish to speak to someone informally.
It is probable that an informal and internal approach may be preferable. The solution
should be speedy, effective, confidential and avoid embarrassment.
If you are being bullied or harassed by a customer, supplier or someone else with whom
you come into contact at work, the matter should be raised with your line manager who
will then decide how best to deal with the situation, in consultation with you.
In all other cases, talk initially to the person causing offence. This should be as soon
after an offence as possible and in a quiet and private place. Make sure you both have
time to discuss the issue and make it perfectly clear you find the behaviour offensive and
that you want it to cease. Make a note of the meeting and keep it safely in case you
need it again.
If you feel unable to approach the situation alone then you could ask for the assistance
of a colleague, a Trade Union or Student Union representative, a line manager, a tutor or
a member of the College management. They will adopt an informal approach with you.
If the harassment is from your immediate superior, a subject lecturer or tutor you may
wish to ask their line manager for assistance.
If the harassment is more of a group issue, discuss the matter with your colleagues or
tutor. It may be more appropriate and less threatening to deal with the matter informally.
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The informal reporting of harassment may necessitate investigation. This may be the
case where there is a criminal offence or serious misconduct. (The College, in these
circumstances may be compelled to act irrespective of the individual’s wishes and deal
with the matter formally.) In all events discussions will be held within the confines of the
investigation.
The appropriate courses of action may then be followed:
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In certain circumstances it may be determined to involve a neutral third party (a
mediator) to facilitate a resolution of the problem and this will be discussed with you if
it is appropriate.
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To take no further action at this stage, but to record any future incidents as
recommended above and to keep the situation under review, enabling the employee
to seek further advice in the future if necessary.
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If the offender has not already been approached, then ask the person to stop the
offending behaviour and again keep the situation under view.
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Make a formal complaint.
It is worth noting that a third party witnessing harassment can make a complaint of
harassment.
2.4
Stage 2
2.4.1
Formal procedure
Where an informal approach has failed or the offence is of a serious nature or
when an individual prefers to follow a more formal procedure, the individual
should put in writing to their line manager, or the next line manager if their
immediate manager is implicated. The letter needs to specify that it is a formal
complaint giving details of the incident(s). On receipt of the complaint the Line
Manager will contact the Personnel and Equality Director to arrange an
investigation.
The individual has the right to contact their trade union or student union
representative to take up your complaint. Anyone affected by harassment may
take legal action. Employees may also have the legal right to apply to an
Employment Tribunal for a decision on the matter. An application to an
Employment Tribunal must be made within three months of the alleged offence or
for civil action through County Courts the period is six months.
Again, it is worth noting that a third party witnessing harassment can make a
complaint of harassment.
2.4.2
Police involvement
In cases of an alleged assault or alleged behaviour that is considered to be a
criminal offence, the Principal may contact the Police for their appropriate action,
if the complainant so wishes and/or if the incident is considered to be a serious
criminal offence.
2.4.3
Initial response
The investigation will be carried out by a panel comprising of two designated
managers and their scribe. Neither should be connected with the case in any
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way. The Personnel and Equality Director should ensure that those carrying out
the investigation reflect the nature of the complaint in terms of race/sex/disability
as far as possible. This may require consulting a third person. The Personnel
and Equality Director can provide advice on this matter.
The person against whom the complaint has been made should be informed of
the nature of the complaint and details of the procedure involved and advised to
seek representation.
The investigator will meet with the complainant and the alleged harasser
separately and with their respective representatives. Detailed written statements
will be taken. Both parties should be given the opportunity to nominate witnesses
whom they wish to be interviewed.
The investigator will meet anyone else who was present or who has information
that is relevant to the issue. Notes of this meeting will also be taken and the
individuals called will be able to be accompanied by a friend or union
representative.
Further interviews may need to take place to clarify or gain further information.
The manager will also need to ensure that they have collected all relevant written
materials.
2.4.4
Investigating a complaint
The investigating managers are required to protect the rights of both parties
involved and ensure that both are entitled to a full and fair opportunity to put their
version of events.
Whilst carrying out an investigation it may be necessary to consider the
separation of the parties involved. This could mean temporary re-deployment,
changing timetables or for staff, suspension on full pay. All parties must act so as
to not aggravate the situation.
The persons investigating should
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make sure that the person is aware of their rights to be accompanied
find a suitable quiet room where they will not be disturbed
explain that information will remain confidential and the matter will not be
communicated further without the knowledge and consent of the complainant
listen to the complainant's allegations, clarify understanding and make notes
meet with the alleged perpetrator and any witnesses identified by either party
be thorough and impartial with due regard to the rights of all the parties
involved
question objectively and without preconceptions and without trying to reason
the situation with the complainant
remember you are investigating and not making judgements
agree the next stage with the complainant and that they wish to continue with
the complaint
inform the complainant of the timescale of the procedure
gather signed witness statements.
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Give the commitment to confidentiality for everyone involved in the investigation
and instil the need in the other parties involved. Ensure witnesses keep their
evidence confidential.
Follow the same guidelines as for any meetings involved in an investigation complainant, alleged perpetrator(s) or witnesses.
Keep a written record of
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the complaint
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the time scales
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statements including dates, names, frequency of incidents
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signed notes from meetings agreed by the parties concerned
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informing the alleged harasser of the allegations against them
Inform the complainant and alleged perpetrator(s) of follow up action if applicable.
This could involve formal procedures, seeking senior management advice or
referral to the Personnel and Equality Director/Student Experience Director. If
agreements have been reached these should be stated along with any monitoring
or training that has been agreed.
2.4.5
Time limits
The panel should normally be completed within 15 working days of the complaint
being received. On occasions, it will not be possible to keep within this timescale.
In such cases, the complainant and the alleged offender must both be kept
informed of any need for an extension and the likely timescale for completion.
2.4.6
Consideration of information
The panel will, on completion of the investigation, review the material collected
and decide whether the complaint is substantiated. This should then be
forwarded to the Personnel and Equality Director to be dealt with, if necessary, as
detailed in 2.4.7.
In some cases, there will not be any witnesses and it will be one person's word
against another's. In these cases, the disciplinary hearing will consider whether
on the balance of probabilities, the incidents/actions occurred.
In the case of students, then the Personnel and Equality Director should be
replaced with Student Services Manager
2.4.7
Further action
Formal actions will be taken through the disciplinary procedures and codes for
staff or students. The investigation stage of the disciplinary procedures will be
counted as having taken place where there has already been an informal
investigation, if the:
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panel recommends that disciplinary action is justified then the Personnel and
Equality Director should refer the matter under the Disciplinary Codes and
Procedures. The panel’s enquiries will replace the investigative stage of
these procedures. The alleged harasser will be entitled to a full hearing.
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allegation is not substantiated by the panel the Personnel and Equality
Director should inform the complainant providing a written statement outlining
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the conclusions if requested. Where working relationships have nevertheless
been harmed the panel may make recommendations about rescheduling of
work, timetable or responsibilities to the appropriate managers/tutors.
Generally the alleged harasser will be transferred although the person
harassed may be given first refusal if they so wish. However, it would have to
be the person's (victim's) own choice and their reasons for wanting to be the
one moved must be given in writing.
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Panel upholds the complaint but decides disciplinary action would not be
justified in the case. The Personnel and Equality Director/Student Experience
Director may recommend to a line manager/tutor that they consider transfer of
staff or students, training, re-deployment or compassionate leave until a
satisfactory outcome can be found.
Management action other than to initiate the disciplinary procedure. This could
include:
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intervention by a third person (mediator) to agree working arrangements
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A recommendation of redeployment of one or both parties, either on a
temporary or permanent basis. Should a transfer take place, this must not be
on any less terms and conditions of employment, unless action is taken within
the disciplinary procedure to demote an individual.
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Setting up arrangements to monitor the situation.
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Required attendance on training courses.
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Making arrangements for both parties to work as separately as possible within
the same workplace.
If you are unhappy with the way the complaint has been managed you may take out a
grievance against the person(s) trying to resolve the situation. In either case you should
be prepared to give evidence either in writing or in person. You would also be required
to be available for questioning by the disciplinary or grievance panel. At all stages you
have the right to be accompanied by a colleague and/or represented by your Union.
Contractors/Visitors
If any contractors/visitors are found to have harassed on College campuses, the
Principal will decide whether or not an individual be allowed back on College premises
again or refusal of services by a particular company.
Counselling
If counselling is recommended, it is not simply for those who believe themselves victims
but also for those who behaviour is deemed as unacceptable.
3.
Clarification and interpretation
Clarification or interpretation is available from the Personnel and Equality Director or
Student Services Manager
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4.
After Disciplinary Procedure
Where a complaint is upheld it may be necessary to re-locate or transfer one party. It is
usual that this person would be the perpetrator, however, where practicable, the
complainant will be given first choice as to whether or not they wish to be transferred.
However, it would have to be the person's (victim's) own choice and they would have to
state their reasons in writing why they would prefer to move. Where this occurs it will not
lead to any disadvantage to the victim of harassment.
Where the perpetrator is transferred it will not be in breach of their contract or conditions
of service. This could lead to a constructive dismissal case by the perpetrator. Transfer,
even on disadvantageous terms, may be offered as an alternative to dismissal where
dismissal would otherwise be the appropriate sanction and the person in such a case
would have to write to confirm this as an acceptable alternative to dismissal.
A request for transfer may be considered even where a case is not substantiated rather
than requiring persons to continue working together when the element of trust no longer
exists.
After the procedures have been followed, the Personnel and Equality Director or Student
Services Manager will check that there has been no further victimisation.
5.
Monitoring
5.1
Formal cases of harassment will be handled through the Disciplinary Procedures
of the College and records kept in accordance with that procedure.
5.2
Records of complaints/grievances caused by harassment will be logged
Personnel and Equality Director and Student Services Manager respectively and
form part of the annual reporting cycle.
5.3
Any documentation should be passed to the Personnel and Equality Director for
necessary follow-up and filing. Where the complaint remains informal no record
will be held but the complainant should hold their own records of the meeting. A
record will be made in the complaints book (see 5.2). If a case is not
substantiated then no records will be kept on an individual’s file.
Reviewed
Reviewed by
(Minor amendments
only)
Approved
Impact Assessment
Next review date
RMa/JJe/106758089
By
Jenny Jerina/Rachael Makinson
Date
21 November 2013
CE
Completed
27 November 2013
29 April 2014
November 2016
10