Equality and Diversity: Harassment and Bullying
Code to Combat Harassment and Bullying in
the Working and Learning Environment
1 Introduction
1.1 Goldsmiths College recognises that the problem of harassment and bullying threatens staff and students' health, wellbeing and contribution to the organisation and such behaviour will not be tolerated by the College.
1.2 To demonstrate the College's commitment to the prevention and elimination of harassment and bullying this Code is intended to:
a. inform employees and students of the type of behaviour that constitutes harassment and bullying
b. clarify the roles and responsibility of staff, students and managers within the College in both preventing and dealing with cases of harassment and bullying
c. provide employees or students who are the victims of harassment or bullying with a means of redress.
1.3 The Code will apply to all staff and students (including staff on casual or temporary contracts) including those working away from base.
1.4 The College will take steps to deal with incidents of harassment or bullying from individuals who are not employees or students of the College, e.g. outside contractors or agency staff.
1.5 The Code is intended to complement other College policies such as the Equal Opportunities Policy. Attention is also drawn to the disciplinary and grievance procedures for staff and the disciplinary and complaints procedures for students.
1.6 The College expects all its staff and students to give active support to the practical implementation of this Code.
2 Principles
2.1 All employees and students of the College have the right to be treated with consideration, dignity and respect at work and in the learning environment.
2.2 Managers, staff and students have a joint responsibility at work and in the learning environment to prevent and eliminate harassment and bullying on the grounds of race, colour, creed, nationality, age, social background, ethnic or national origin, gender, HIV status, marital status, sexuality, disability, political or religious views, appearance, trade union membership or non membership or on any other grounds.
2.3 The College recognises that harassment associated with an individual's race, sex, disability, religion and belief, or sexuality is an unlawful form of discrimination which is contrary to the Sex Discrimination Act 1975, Race Relations (Amendment) Act 2000, the Disability Discrimination Act 1995 and the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003 and the Race Relations Act 1976 (Amendment) Regulations 2003
2.4 All employees and students are required to co-operate with measures introduced by the College to combat harassment and bullying in the workplace and learning environment.
2.5 The decision to progress a complaint of harassment or bullying under the Code rests with the victim except where the situation is so serious that by not taking action the College would be prejudicing its reputation and responsibilities for the welfare of its employees and students.
2.6 The College will consider taking disciplinary action, which may include dismissal or expulsion, in circumstances where an allegation of harassment or bullying has been substantiated.
2.7 Retaliation against anyone making a complaint or giving evidence as part of an investigation into harassment or bullying or subsequent victimisation will constitute a serious disciplinary offence and will be dealt with in accordance with the College's disciplinary policies and procedures.
3 Definition and examples of harassment and bullying
3.1 For the purposes of this policy harassment is defined as any unwanted conduct which is intended to or which creates the effect of violating the dignity of the employee/student or creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee/student.
Unwanted conduct can include unwelcome physical, verbal and non-verbal conduct such as offensive pin-up pictures and other written materials. The definition of harassment does not extend to behaviour which is mutually acceptable and which is related to friendly or social behaviour occurring naturally with others at work and in the learning environment. Harassment may be intentional or unintentional, conscious or subconscious. Differences of attitude or culture and the misinterpretation of social signals can mean that what is perceived as harassment by one person may not seem so to another. The defining features are, however, that the behaviour is unwanted by the recipient, unreciprocated and undermines the dignity of people at work or in the learning environment and would be regarded as harassment by any reasonable person This test of reasonableness is a legal requirement when determining whether or not harassment has taken place.
3.2 Bullying may be characterized as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying need not be face to face, but may be by written communications, or so-called 'flame mail' via e-mail.
3.3 Harassment and bullying often involves an overt abuse of power or may appear in more subtle guises carried out by one or more individuals.
3.4 Examples of different types of harassment which are considered to be unacceptable are:
3.4.1 Sexual Harassment
This may include sex-orientated jibes, language or abuse;
unwelcome comments about dress or appearance unrelated to an
individual's job; leering, whistling, suggestive gestures; the display of
pin-ups or pornographic pictures or sexually suggestive objects;
unwanted physical contact; undue pressure for social contact
outside work/the learning environment or demands for sexual
favours.
3.4.2 Racial Harassment
This may include racially derogatory remarks, name calling or racist
jokes, the display of racially offensive material, physical threats,
assault and insulting or abusive behaviour or gestures.
3.4.3 Harassment on the grounds of disability
This may include ridicule, derogatory comments, jokes and insults,
unrealistic work demands.
3.4.4 Harassment on the grounds of religion
This might include mockery, insults, derogatory comments about
particular forms of clothing.
3.5 Examples of different types of bullying which are considered to be unacceptable are: haranguing, threatening or abusive behaviour, insults or ridicule, recurring unfounded criticism of the performance of work tasks, exclusion by talking solely to third parties without foundation.
These lists of examples are not exhaustive and the forms of harassment and bullying are not mutually exclusive.
4 Confidential support and advice
4.1 Employees and students are encouraged to discuss informally harassment or problems with bullying with one of the named sources of help identified in Annexe C2i, attached.
5 Dealing with complaints
There are various ways in which an individual can deal with harassment or bullying ranging from simply asking the person to stop, to taking up a formal complaint.
5.1 Informal action
In the first instance, wherever possible, an employee or student who
feels that they have been harassed or bullied, should consider asking
the harasser or bully to stop and make it clear that their behaviour is
unwelcome. It is also important to begin to keep a note of the
details of any relevant incidents including a note of the ways in
which the incidents caused the victim of the harassment/bullying to
change the pattern of their work/study or social life.
If a direct approach to the harasser or bully is too difficult, the initial approach may be made by a friend, colleague, trade union representative, manager, member of the Human Resources Department, tutor or Students' Union officer. Alternatively, an employee or student may choose to write a letter to the person they believe to be harassing or bullying them, outlining their concerns and asking for the behaviour in question to cease.
5.2 Notification of incidents to Head of Human Resources and Academic Registrar
The College is concerned to record, however minimally, all incidents
of sexual and racial harassment and with the permission of the
person reporting the incident, the fact that there has been an
incident should be reported to the Head of Human Resources (in the case
where a member of staff is making the complaint and/or where there
is a staff member complained of) and to the Academic Registrar
(where the issue is solely in relation to students). This is not
intended to breach the confidentiality of any discussion nor the staff
or student member's right to choose not to take any further action,
but a mechanism to ensure that incidents are recorded centrally. It
may be, for example, that several incidents are recorded within one
department in which case further investigation would be necessary.
5.3 Formal action
5.3.1 Where informal methods for resolving harassment or bullying fail, or the case is a serious one, employees or students are advised to make a formal complaint.
5.3.2 In circumstances where an alleged harasser is an outside contractor the situation should be reported to the manager or Head of Department who will then take the matter up with the Head of Department managing the contract (reporting the complaint to the Head of Human Resources/Academic Registrar as in 5.2 above).
5.3.3 Complaints of alleged harassement/bullying should be reported to the line manager/tutor/Head of Department as soon as possible after the incident or identification of the problem stating:
a. the name of the alleged harasser or bully
b. the nature of the harassment/bullying
c. the dates, times and locations when harassment or bullying occurred
d. the names of witnesses to any incidents of harassment or bullying
e. any action already taken by the complainant to stop the harassment or bullying.
If the member of staff or student wishes to pursue a formal complaint, they will be asked to confirm the details of the complaint in writing.
5.3.4 If the procedure for making a formal complaint is inappropriate because the line manager/tutor/Head of Department is the alleged harasser or bully or because the employee or student would rather speak to someone else, perhaps to someone of their own race or sex, then, in the case of a member of staff, the matter should be reported to a more senior manager, or to the Head of Human Resources. In the case of a student, the case should be referred to the Head of the Department concerned or the Academic Registrar.
5.3.5 When a manager/tutor/Head of Department receives a formal complaint they should immediately report this to the Head of Human Resources in cases involving staff member(s) and/or to the Academic Registrar in cases where only students are involved. The Head of Human Resources/Academic Registrar as appropriate will then make the necessary arrangements to have the complaint thoroughly investigated as quickly as possible ensuring the rights of all parties are protected.
5.3.6 The Head of Human Resources/Academic Registrar will arrange for the complainant to be interviewed by a person who will have been specifically trained for that function and who will not have been previously involved in the case. Wherever possible the interview will take place within 10 working days. The complainant may be accompanied by a friend who is a member of the College's staff or a student or a trade union or Students' Union officer.
5.3.7 If the report of the interviewer indicates that the matter should be pursued, disciplinary proceedings will be initiated at the appropriate stage of the procedures (that is, depending on the seriousness of the allegation).
5.3.8 If, after the report of the interview, the Head of Human Resources/Academic Registrar decides not to pursue the matter, a written statement of the reasons will be given to the complainant. If the complaint is upheld, given the requirement for confidentiality in disciplinary cases, the complainant will not be told the actual level of disciplinary action taken against an individual.
5.3.9 Serious cases of harassment will be treated as gross misconduct (which, if proved, can lead to summary dismissal). Where the misconduct is less serious however it may be sufficient for the harasser to promise not to re-offend and to be warned as to his/her future conduct. Sometimes it will not be considered appropriate for the harasser and the victim(s) to continue working in close proximity. In such cases every attempt will be made to relocate the harasser rather than the victim(s).
6 Appeals
6.1 If the complainant is not satisfied about the way their complaint has been handled, they may chose to follow the College's grievance procedure. Any grievance should be lodged within 2 weeks of receipt of the letter confirming the outcome of their complaint.
7 Malicious complaints
7.1 Making malicious allegations of harassment or bullying is regarded as a serious disciplinary matter.
Nothing in this Code will prevent members of staff/students exercising their legal rights.
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