Policy Statement
This University is committed to fostering an environment where its staff, students, visitors and contractors can work, study and live free from intimidation, aggression, coercion and victimisation. The University is particularly concerned to eliminate all forms of harassment and bullying as it recognises that such behaviour is unacceptable, discriminatory and, in certain circumstances, also unlawful.
All incidents will be taken seriously and could provide grounds for disciplinary action that may lead to dismissal or expulsion from the University. Furthermore, individuals who harass or bully may be subject to criminal and/or civil prosecution.
All University staff, students, visitors and contractors are responsible for helping to ensure that individuals do not suffer harassment or bullying in any form. If, however, bullying or harassment does occur there are a number of actions individuals can take.
All line managers, as part of their managerial responsibilities, have a legal obligation to eliminate harassment of which they are, or should be, aware. All individuals will be personally accountable for their behaviour, actions and/or lack of actions in cases of complaint of harassment or bullying.
Reasons for this Policy
Bullying and harassment are unacceptable forms of behaviour and contrary to the University’s aims of fostering an environment where its staff, students, visitors and contractors will be treated with dignity and respect. Additionally, bullying and harassment can prevent effective performance and creativity, instead causing increased illness, absenteeism, underachievement and reduced opportunities. It also represents a waste of human resources and a denial of opportunity for individual fulfilment. There are also legal reasons for the establishment of this policy. Bullying and harassment are behaviours which, if based on a person’s sex, race, disability, religion or sexual orientation, are unlawful. Additionally, there are legal implications coming from Health and Safety legislation. Any bullying and harassment may be a source of great distress to the recipient and the University has a legal ‘duty of care’ under Health and Safety legislation to protect its staff.
Definitions
Harassment or bullying can take many forms, often involving the abuse of power or position and may be a single event, sporadic events or a continuing process. Both harassment and bullying refer to behaviours which, deliberately or otherwise, are hostile and/or offensive to the recipient or others and which unreasonably interfere with an individual’s work, academic performance or social life. Harassment or bullying may involve apparently insignificant acts which cumulatively create an intimidating environment that undermines the integrity or dignity of the individual. Unacceptable behaviour ranges from violence and threats to ignoring people. In all cases, harassment and bullying are unwelcome and can make an individual feel uncomfortable, unsafe, frightened or embarrassed. Such behaviours may be expressed verbally or non-verbally via traditional or electronic communications, or by physical actions. The common link is that the behaviour is unwanted by the recipient or others, is unwarranted by the relationship and would be regarded as harassment or bullying by any reasonable person. Examples of types of behaviour covered by this policy are given below. The list is not intended to be exclusive and other issues, could form the basis of a harassment case.
Bullying
is a complex phenomenon of unwanted offensive and malicious behaviour which undermines an individual or group through persistently negative attacks. There is typically an unpredictable and irrational abuse of power or position that can manifest itself in physical, verbal or non-verbal forms. There is usually an element of vindictiveness attached to bullying and the behaviour is calculated to undermine, patronise, humiliate, intimidate or demean the recipient.
Stalking
is a form of harassment which is being more commonly reported. It involves pestering an individual, either in person or in writing or electronic formats or on the telephone. Stalking can also involve following an individual or spying on them, alarming the recipient or causing them distress and may involve violence or fear of violence.
Sexual Harassment
is unwanted behaviour of a sexual nature. It includes unwanted attention of a sexual nature that denigrates or ridicules or is intimidating. This may be physical, ranging from unwanted touching, groping or the invasion of personal space to sexual assault, rape or indecent exposure. Sexual harassment can be verbal and may include unwanted personal comments or sexual slurs, belittling, suggestive, lewd or abusive remarks, explicit ‘jokes’ or innuendo, and compromising invitations, including demands for sexual favours. Examples of non-verbal sexual harassment include: suggestive looks, leering, explicit gestures, sending sexually explicit emails or the display of pornographic material on University equipment or premises. (The IT implications are discussed further in the University’s separate Code of Practice on ICT Pornography). Most commonly, the reported incidents refer to the sexual harassment of women by men, although there are reports of women sexually harassing men and of same sex sexual harassment.
The Employment Equality (Sex Discrimination) Regulations 2005 define harassment for the first time and permits people to make a claim of sexual harassment. The new leglislation prohibits sexual harassment described above, but also prohibits “sex-based” harassment, which is harassment on the grounds of someone’s gender.
Racial Harassment
is unwanted behaviour based on race, ethnic or national origin. It includes written or verbal threats or insults based on race, ethnicity or skin colour, abusive comments about racial origins, ridicule based on cultural grounds, derogatory namecalling, racist jokes, damage to property, the display of offensive graffiti or insignia and incitement of others to commit any of the above.
Religious Harassment
is unwanted behaviour based on religious beliefs or practices. This may take many forms including ridiculing items worn for religious reasons, denigrating cultural customs and dismissive treatment of requests for holidays for religious or cultural festivals, or derisory comments against an individual’s beliefs. It includes the incitement or persistent pressure through forms of evangelism and religious propaganda that suggests the answer no is unacceptable to the person trying to spread their ideas on religion or recruiting to their particular group. Regardless of an individual's cultural/religious beliefs about different lifestyle choices (e.g. pertaining to gender, sexuality, dress), such beliefs must not manifest themselves in breach of the University's equal opportunities policies or legislation.
Disability Harassment
is unwanted behaviour based on disability, impairment or additional need. Such behaviour may include comments that are patronising or objectionable to the recipient or which creates an intimidating, hostile or offensive environment for people with disabilities. Disability harassment includes inappropriate reference to disability, unwelcome discussion of the impact of disability, refusal to work with and exclusion of people with disabilities from social events or meetings.
Sexual Orientation Harassment
is unwanted behaviour based on known or presumed sexual orientation. Such behaviour includes namecalling, stereotyping, assault, verbal abuse, actual or threatened unwanted disclosure of sexuality, derogatory comments, excluding same-sex partners from social events or intrusive questioning about a person’s domestic circumstances.
Cases of Physical Assault
Physical assault is a criminal offence and if you have been attacked, it is important that you seek help immediately. Contact one of the sources of help listed at the end of this leaflet and they will offer support and help you decide what to do. You will be advised about the choices that are open to you. If a case of assault is being pursued through the Criminal Courts, the University will need to consider at what stage it is appropriate to initiate its internal procedures. During this period every effort will be made to ensure that you are given support and are not isolated.
Harassment Complaints Procedure
Action may be taken in a number of ways to end harassment and bullying. The University provides a support service called Confide and incidents should be reported to one of its members. Confide is described below and is available to try to resolve issues as quickly and effectively as possible. Within the University, there are informal and formal procedures and these are outlined below.
Confide: on campus harassment support network
The University has a Harassment Adviser and other harassment contacts who have training in dealing with incidents of harassment and bullying and contact details are given at the end of this leaflet. Confide consists of academic and non-academic staff from across the University who are available to talk to staff or students in confidence. They offer support, advice and assistance in seeking a satisfactory solution to the issues raised. Confide are willing to discuss any incidents or problems, no matter how serious or trivial they may seem. You may seek an informal, confidential interview with a member of Confide at any time. Such a meeting may, with your permission, lead to attempts being made to resolve the issue without drawing on the informal and formal action procedures outlined below. Following an informal meeting with a member of Confide, further action will not normally be taken without your expressed permission, (disclosures of child abuse for example do have to be reported to the relevant Authorities). You may wish to contact the relevant national body mandated to investigate harassment, such as the Commission for Racial Equality, the Disability Rights Commission or the Equal Opportunities Commission. Contacts for these and other organisations are listed at the end of this leaflet.
Confidentiality
Due to the sensitive nature, complaints of harassment or discrimination will be investigated with particular care and will remain, where possible, confidential. The purpose of this provision is to protect the confidentiality of the person making the complaint and the reputation of the person being complained about until the matter has been resolved. If it is deemed that the safety of an individual(s) is at risk of serious harm, confidentiality in these circumstances may be overridden by legal obligations to disclose.
Informal Action
If you feel that you are being harassed or bullied, do not feel that it is your fault or that you have to tolerate it. There are a number of people available to help, advise and support you and you should contact one of them as soon as you feel you have a problem.
If you feel able to, you can approach the individual who is responsible and make clear to them that their actions or comments are unwanted and offensive and that you wish them to stop. You can do this with the support of the Harassment Adviser, any of the people in the Sources of Help section at the end of this leaflet or, if you wish, another colleague from the University. Alternatively, you may ask your Head of Department, another senior member of staff or hall warden to intervene on your behalf. Any such discussion will be confidential; in particular the person about whom you are complaining will not be given your name without your permission.
You may feel more comfortable with writing a letter to the individual concerned, explaining the behaviour that has upset you, wherever possible giving dates and occasions, and stating that you wish the behaviour to cease. The Harassment Adviser can give you advice about the content of such a letter. This may, in some instances, be sufficient to stop the offensive behaviour. However, if it persists and you need to take your complaint further it is important to note details of distressing incidents, including the date and time and the way in which the incidents caused you to change the pattern of your work or social life.
Where appropriate it is advised that the informal process be used to seek a resolution. However, there may be situations where this is not appropriate or where protracted attempts to resolve the issue informally have failed. In these circumstances, the only way forward may be to formalise the complaint.
Formal Action
If you wish to make a formal complaint, you should first contact a member of Confide, who will be able to give guidance and discuss the matter thoroughly with you. If appropriate, they will help to put your complaint in writing to the Chief Operating Officer who will then initiate an investigation. If your complaint relates to a single incident, you should make a complaint within three months of the incident occurring. A formal investigation panel will usually be convened within 15 working days of your complaint being lodged.
Investigation Process
An investigation into the circumstances will then take place by a small panel that will include a member of Confide and other appropriate people chosen by the Chief Operating Officer and Harassment Adviser. This investigation will be prompt, sensitive, impartial and confidential. The panel will gather information from the individuals concerned or any other relevant people and will consider whether, on the basis of the information collected, the complaint is substantiated. If the panel believes that, on the balance of probabilities, there is sufficient evidence in support of the complaint and it is sufficiently serious to warrant it, there will be a recommendation that agreed disciplinary procedures be invoked at the appropriate level, up to and including dismissal or exclusion from the University. Since the role of the panel is an investigatory one, it should avoid making any conclusive finding of fact which might prejudice subsequent disciplinary proceedings.
In the event of disciplinary action being recommended against a student, the Head of Department or the Chief Operating Officer may initiate disciplinary action in accordance with the procedures set out in Ordinance XVII. In line with Ordinance XVII, a formal complaint of harassment against a student that falls under criminal law may not be submitted unless the matter has been reported to the police and either prosecution or a decision not to prosecute has been taken. If the formal harassment complaint is upheld, the Chief Operating Officer shall decide whether disciplinary action should be taken.
In the event of disciplinary action being recommended against a member of staff, the case will be referred to the appropriate Head of Department or Section who may initiate proceedings in accordance with the individual’s conditions of service. In some cases, rehabilitation of certain types of ex-offender by moving them to other sections or departments might be considered and/or training.
If the police are involved in the case, the University may postpone its internal investigation until the result of the police enquiry is known.
Grievances/Appeal against outcome
If you make a complaint of harassment but are not satisfied with the action taken by the University, you should appeal in accordance with the appeal process set out in the relevant grievance procedure.
Victimisation
Anyone seeking advice, making a complaint or assisting in an investigation shall be offered support and protection against intimidation, victimisation or discrimination. Retaliation against an individual for complaining about harassment is a disciplinary offence.
False Complaints
The University takes seriously false accusations of harassment and bullying and if an individual brings a complaint that is found to be mischievous or malicious then appropriate action will be taken. This may include disciplinary proceedings.
Monitoring
References made to Confide under the informal and formal procedures will be monitored on an annual basis. The monitoring process will report to the Equal Opportunities Sub-Committee and the Human Resources Working Group and statistical information about harassment and bullying within the University will be produced by the Harassment Adviser. Names of individuals and departments concerned with incidents will not be published. Where patterns of harassment are identified, the University will take appropriate action to address the problem.
Responsibilities
The co-operation of all University staff, students, contractors and visitors is essential to ensure the success of this policy. All individuals will be held personally accountable for their actions, lack of actions and behaviour in cases of complaint of harassment or bullying. Managers and supervisors have a particular responsibility, of which they are or should be aware, for eliminating any form of harassment or bullying. Those in positions of authority or trust should be especially careful that this power is not misused.
All staff and students have a clear role to play in acknowledging, challenging and eliminating harassment. The University is committed to acting positively to resolve issues of harassment and bullying and is involved in a programme of staff training to heighten awareness about these important matters and to contribute to their prevention. Any individual who wishes to find out more about harassment or bullying, its impact, strategies for prevention, including training, or publications available, should contact the Harassment Adviser for further information.
Approved by Council
SOURCES OF HELP
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Harassment Panel |
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Sandra Jasper (S.E.Jasper@lboro.ac.uk |
(Harassment Adviser & Equal and Opportunities Adviser) |
223608 |
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(24 Hour Answer phone available) |
222377 |
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Jill Thorley (J.K.Thorley@lboro.ac.uk) |
(Civil Engineering) |
ext.4139 |
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Rob Kirkwood (R.S.M.Kirkwood@lboro.ac.uk) |
(Computing Services) |
222311 |
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Michael Kearney (M.J.Kearney@lboro.ac.uk) |
(Electronic and Electrical Engineering) |
222801 |
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Anne Hill (A.E.Hill@lboro.ac.uk) |
(Estates Services) |
222101 |
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David Berry (D.G.Berry@lboro.ac.uk) |
(European Studies) |
222988 |
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Anne Goulding (A.Goulding@lboro.ac.uk) |
(Information Science) |
223056 |
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Security |
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24 hours 222141 |
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Chaplaincy (*The Chaplaincy can provide a means of contact to representatives of other faiths) |
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Chaplaincy Office |
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232790 |
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Trade Union / Professional Association |
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David Edwards (D.W.Edwards@lboro.ac.uk) |
(A.U.T.) |
222515 |
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Jill Thorley (J.K.Thorley@lboro.ac.uk |
(AMICUS) |
ext.4139 |
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Dave Jordan (D.Jordan@lboro.ac.uk) |
(UNISON) |
224605 |
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Viv Green (V.Green@lboro.ac.uk) |
(UNISON) |
222899 |
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Students’ Union |
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Student Advice Centre (confidential) |
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235593 |
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Sabbatical Office |
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235593 |
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Counselling Service (confidential – For Staff and Students) |
222148 |
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Other Internal Sources |
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Disability and Additional Needs Section (DANS.@lboro.ac.uk) |
222770 |
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Loughborough Lesbian, Gay, Bisexual Association (ilgba@lboro.ac.uk / www.isu.lboro.ac.uk/clubsocs/llgba |
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Pilkington Library – have a number of texts relating to harassment and bullying |
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External Sources |
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Samaritans (24 Hour Service) |
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0116 2700007 |
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UK National Workplace Bullying Advice Line |
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01235 212286 |
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Equal Opportunities Commission (www.eoc.org.uk) |
0161 833 9244 |
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Leicestershire Constabulary |
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0116 222 2222 |
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Rape Crisis |
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0116 270 6990/ |
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Juniper Lodge (Sexual Assault Response Centre) |
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0116 273 3330 |
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Survivors (Male Victims of Rape) |
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0207 613 0808 |
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Stonewall (Working for Lesbian and Gay Equality) (www.stonewall.org.uk) |
08000 50 20 20 |
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Beaumont Society (Self-help group for transgendered people) |
01582 412220/ |
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Charnwood Racial Equality Council |
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01509 261651 |
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Commission for Racial Equality (www.cre.gov.uk) |
0207 828 7022 |
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Disability Rights Commission (enquiry@drc-gb.org) |
08457 622 633 |
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SKILL (National Bureau for Students with Disabilities) (www.skill.org.uk) |
0207 450 0620 |
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DISinHe (Disability in Higher Education) (www.disinhe.ac.uk) |
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The Centre for Policy on Ageing |
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0207 253 1787 |
Remember that Heads of Department, Section
Heads, Hall Wardens and Personal Tutors are also there to help you.
Copies of this information and other equal
opportunities codes can be obtained from Personnel Services.
December 2001.
Return to: Personnel Services Home Page
Last modified: 2 May 2002
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