Dealing with Personal Harassment Policy and Code of Practice

1 Introduction

Our goal is to develop a working environment in which harassment is known to be unacceptable and where individuals are confident enough to bring complaints without fear of ridicule or reprisal. This Code of Practice aims to provide a framework for action through:

a Policy statement, which expresses the University's firm intention to eliminate harassment, retaliation and victimisation; clear, fair and user friendly procedures providing informal and formal ways of resolving problems quickly and confidentially; access to counselling, advice and support for all levels of staff involved; fair and immediate investigations of any alleged incident; swift, sensitive and effective remedies; appropriate use of the disciplinary procedure; a commitment to protect confidentiality as far as possible; a sustained programme of communication, monitoring and training offering support to both parties involved.

Staff will benefit from a working environment, which encourages respect for the dignity of individuals. It is important that we establish high standards of behaviour which all staff know about and are expected to conform to. 2 Policy Statement

Teesside University aims to provide a working and learning environment which will enable staff to fulfil their personal potential. In order to achieve this the University is committed to equality of opportunity and the creation of a stimulating and supportive environment which is free of unnecessary and unlawful discrimination. Sexual, racial and other forms of personal harassment can seriously worsen working and social conditions for staff and students at the University. Any proven incidents of harassment will be regarded extremely seriously and may be grounds for disciplinary action which may include dismissal. It is the duty of every member of University staff, and those visiting the University 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 Universitys 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. Line Managers (as defined in Appendix 1) are required to ensure that the policy is effectively applied and that harassment does not occur. An individual is entitled to:

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expect the University, through Human Resources and Line Management, to institute a preliminary investigation into the alleged harassment if the formal action of the Procedure is invoked. The outcome could be investigated further. institute Grievance proceedings against Line Management for failing to meet their responsibilities under the Universitys Policy and procedure on harassment.

Anyone experiencing harassment has the right to avail himself/herself of the procedure on harassment, irrespective of the right which may exist to pursue a grievance through an Employment Tribunal or a Court of Law. Harassment is unacceptable in Teesside University whether or not it is unlawful. The University will ensure that this Policy is widely publicised and its contents made known to all staff, students, contractors and visitors. 3 The Law

Failure to deal with allegations or incidents of harassment at work may expose employers and employees to a number of legal consequences. Certain types of harassment are regarded as unfair discrimination and are covered by statute. Sexual harassment is covered by the Sex Discrimination Act 1975, and racial harassment is covered by the Race Relations Act 1976. The Disability Discrimination Act 1995 protects people with disabilities against unfavourable treatment. Under the Criminal Justice and Public Order Act 1995 the use of threatening, abusive or insulting words, or disorderly behaviour intended to cause harassment, alarm or distress, is a criminal offence. There is also an EU Recommendation to combat sexual harassment and a Code of Practice protecting peoples dignity at work. The Protection from Harassment Act 1997 legally defines bullying as harassment. Claims from individuals may also be brought within the Tribunal system as well as the Court system under the Employment Rights Act 1996 and the Human Rights Act. Nothing in this Code will prevent members of staff exercising their legal rights. 4 The Effects of Harassment

Harassment can exact a high price on staff. Those suffering from harassment can be subject to fear, stress and anxiety which may put great strains on study and personal and family life. It can lead to illness, increased absenteeism, and apparent lack of commitment, poor performance and even resignation. The damage, tension and conflict which harassment creates should not be underestimated. The University will endeavour to provide support to both the person who is being harassed and the person accused of the harassment.

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Procedure 1 Informal Action

If you feel unable to speak to the person concerned this does not constitute consent to the harassment, nor will it prejudice any complaint you may bring. If the harassment continues (or is of a more serious nature than can be dealt with informally) you are advised to formalise your complaint. Wherever possible, complaints of harassment will be dealt with internally and informally. This is likely to produce solutions which are speedy, effective and minimise embarrassment and risk of breaching confidentially. It is important that anyone who believes that they are suffering from harassment should keep notes as outlined below for each incident as soon as possible after the event. Detailed notes should include the following:

date time place name of person harassing them what actually happened how the person felt at the time name of any witnesses action taken and whether reported to Management any correspondence relating to the incidents and subsequent complaints.

You may also wish to discuss your concerns with a Harassment Advisor who will listen to your concern and offer advice. The person accused of harassment will be entitled to consult a different Harassment Adviser. If you feel able to do so, you may approach the person harassing you with a friend from within the University not acting in a professional capacity, Harassment Advisor, Trade Union Representative, Course Leader or Student Union representative, to inform them that their behaviour is unacceptable to you and to try to resolve the matter informally. This request could also be made in writing and you should keep a copy of all correspondence. Any discussion or written communication will be confidential and further action involving you will not be taken without your express permission. 2 Formal Action

If you feel unable to address the issue informally, a formal complaint should be made in writing to the Director of Human Resources and a copy sent to the person accused of harassment. The complaint will be acknowledged as soon as possible and action will be taken to investigate the issues raised. A Human Resources Manager and another member of staff will arrange to meet with the complainant, normally within 5 working days, from the receipt of the complaint, to establish the nature of the complaint and to counsel for any compromise. A similar meeting will take place with the person accused of harassment. Any investigation will respect the confidentiality not only of the complainant, but also of the person accused of harassment.

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The Human Resources Manager will then meet with the Deputy Director of Human Resources and Director/Head of relevant School/Department to recommend a decision on whether to investigate further. This decision will be outlined in a written report of which both the complainant and the person accused of harassment will be given copies. If the outcome of the decision is to investigate the complaint further, then an appropriate investigating team will arrange to interview all the parties concerned as well as any named witnesses as soon as possible, to ensure all information relating to the complaint is thoroughly investigated. The investigating team would normally be a Human Resources Manager and Deputy Director/Head of School/Department, or an independent Deputy Director/Head if the complaint is made against a Director/Head or Deputy of the complainants School/Department. The investigating team will produce a report on their findings for the Deputy Director of Human Resources and Director/Head of School/Department which will contain recommendations as to whether further action needs to be taken. The complainant and the person accused of harassment will be given copies of this report. If the decision is then taken to proceed further, the Deputy Director of Human Resources will notify the parties concerned in writing of what action will be taken. This may involve the initiation of disciplinary proceedings at the appropriate stage of the Disciplinary Procedure depending upon the seriousness of the complaint. Other action may include advising of a training need or the possibility of counselling. The decision will be given as soon as possible, but normally no later than 10 working days from the report being received. The person accused of harassment may appeal, if he/she is not satisfied with this outcome. If a decision is taken not to pursue the matter, a written statement of the reasons will be given to the complainant and person accused of harassment normally within 10 working days. If the complainant is not satisfied with the outcome, he/she may appeal. Procedure For Senior Staff (Vice-Chancellor, Deputy Vice-Chancellors, University Secretary, Director of Finance) The Procedures to follow are the same for all other employees at the University except that the Line Manager for senior staff is the Chair of the Board of Governors. Procedures for forms of disciplinary action covering senior staff are detailed in the Articles of Government for Teesside University . 3 Representation

At any point in the informal or formal process both the person being harassed and the person alleged to be harassing may be accompanied by a Trade Union Representative or a friend who is employed by the University not acting in an official capacity. Students may be accompanied by a Student Union representative or a friend not acting in an official capacity

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Collective Complaints

Where more than one employee or student wishes to complain about the same issue or behaviour of the same person, a collective complaint can be made. The same procedure will be used as for individual complaints. 5 External Complainants

The University recognises that complaints of Harassment may be made against employees or students by individuals external to the University, such as prospective students or prospective employees. In such cases the same procedure will apply as for internal complaints. 6 Appeals

Either party may appeal against the decision. An appeal may be raised on grounds including the perceived unfairness of the judgement, new evidence coming to light or procedural irregularities. These are examples of grounds of appeal and are not an exhaustive list. Appeals must be submitted in writing to the Director of Human Resources normally within 10 working days of the written confirmation of the outcome. No new allegations should be allowed to be raised during an Appeal. Two independent people normally the Director of Human Resources and a Director/Head of School/Department not involved in the investigation, and not working in the School/Department of either party, will re-assess the evidence and may wish to re-interview the parties or any witnesses. A decision will then be made as to the outcome normally within 10 working days of completing their reassessment. 7 Role of Harassment Advisors

The main focus of the role would be to listen to the concerns in the first instance and help the individual identify a remedy, way forward or further assistance they require. Advisors will be volunteers and they will listen to what has happened and offer support and advice at the informal stage of the Procedure. Advisors considered suitable for the role will be given full training in the role, and agreement will be reached with their Line Managers for time off to undertake the work required Advisors will need to:

Understand what harassment is Be familiar with the Universitys Policy and Procedure Be a good listener Be non judgemental Be able to communicate effectively, explain options and give relevant information Be able to help individuals understand that something can be done if they want to, but that they are not under pressure to do so. Be able to keep confidentiality Be prepared to undertake training and have refresher training

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If an Advisor is approached by an individual, at the first meeting the issue of confidentiality will be emphasised. The Advisor is there to listen and not judge. Options would be clarified, e.g. do nothing, just needed to talk, referral to a specialist such as a Counsellor, confront the alleged harasser in person or writing, move to more formal action. The Advisor should accept the individuals decision, whether this is to move forward or not.

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Procedure for Dealing with Harassment

Gather Evidence Informal Stage Confront Harasser (face to face or in writing) Issue Not Resolved Go to Formal Stage Make complaint in writing to Director of Human Resources Complaint Acknowledged within 5 working days Human Resources Manager to speak to Complainant to establish nature of complaint Human Resources Manager meets with Deputy Director of Human Resources to discuss findings Formal Stage Report produced on decision and Copies given to Complainant and person accused of harassment Human Resources Manager and Dep.Director/Head School/Department or Independent Dep. Director/Head will investigate by interviewing both parties and any witnesses. Human Resources Manager and Dep.Director/Head School/Department to produce report of findings and recommendations to Deputy Director of Human Resources & Director of School/Dept. Decision to proceed or not given to parties within 10 working days. If case proven outcome may include Disciplinary Action, Re-training or Counselling. Not to Proceed Further. No Further Action Taken. Appeal against Outcome Issue Resolved. No Further Action Needed

Not proceeding further. Recommendation may be for Re-training or Counselling.

Appeal against Process

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Notes for Guidance Defining Harassment There is not and probably cannot be a single simple definition. This is because harassment takes many forms, occurs on a variety of grounds and may be directed at an individual or group of individuals. In the European Code of Conduct on the Protection of the Dignity of Men and Women at Work, for example, the essential characteristic of sexual harassment is that it is unwanted by the recipient. The Code further states that such conduct is unacceptable if it is unwanted, unreasonable and offensive to the recipient. However, any requests from Management to carry out duties and responsibilities deemed, of itself, to be within the scope of the role of the employee, will not normally be deemed as harassment. Through this Policy and Code of Practice the University seeks to extend the above general definition of sexual harassment to all forms of personal harassment. It is, therefore, not the intention of the person carrying out the deed, but the impact on the recipient which determines what constitutes harassment. In such circumstances, the Investigating team could come to a reasonable judgement on whether the behaviour is seen as harassment or not. However, the University recognises that harassment can be unintentional. This Policy allows for a range of responses to a complaint and these will be actioned as appropriate to the nature of the circumstances giving rise to the complaint. Forms of Harassment Harassment may take many forms. It can range from extreme forms such as violence and bullying to less obvious actions like ignoring someone at work. Whatever the form of harassment it will be unwanted behaviour which is unwelcome and unpleasant. Forms of harassment may include: abuse of organisational power to harass, bully or victimise individuals;

physical contact ranging from unnecessary and unwelcome touching to serious assault intimidating behaviour which can be physical or non-physical verbal and written harassment through jokes, offensive language, gossip and slander, sectarian songs, letters visual display of posters, graffiti, obscene gestures, flags and emblems; isolation or non-co-operation at work coercion ranging from pressure for sexual favours to pressure to participate in or give up membership of political/religious groups intrusion by pestering, spying, following.

Extreme forms of harassment, such as sexual or racial assault, which constitute offences under the criminal law are clearly recognisable.

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Although harassment may involve an overt abuse of power, coercion or violence, it can also appear in far more subtle guises. In some cases it can be unintentional on the perpetrator's part. Employees may be harassed by colleagues, subordinates as well as by managers or supervisors. Grounds of Harassment People can be subject to harassment on a wide variety of grounds, including:

their race, ethnic origin, nationality or skin colour their sex or sexual orientation their religious or political convictions their willingness to challenge harassment, leading to victimisation their position within the organisational structure an overt abuse of power on individuals lacking organisational status their membership or non-membership of a Trade Union their disabilities, sensory impairment or learning difficulties their status as ex-offenders their age or youth their real or suspected status with regard to AIDS/HIV a real or suspected medical condition.

Anyone who is perceived as different, or who is in a minority, or who lacks organisational power, runs the risk of being harassed. Thus health, physical characteristics, personal beliefs and numerous other factors may lead to harassment and this can occur between people of the same sex or the opposite sex. The above lists of Grounds and Forms of harassment are not exhaustive and are given as indicators.

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Appendix 1 Line Managers For the purposes of this Harassment Procedure a Line manager shall be defined as follows;

for Directors of Schools, the Line manager shall be defined as the ViceChancellor for Directors/Heads of Departments/Units, the Line Manager shall be their appropriate Deputy Vice-Chancellor or the University Secretary for academic members of staff the Line Manager shall be the Director of School/Department for all other members of staff the Line Manager will be either the Senior Manager or the Senior Professional/Technical staff member of that relevant Department.

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