Harassment - Guidelines
What you should do if you are the victim of personal harassment:
Any employee or student who suffers from personal harassment from any other individual or group in the course of their work or study will have the support of management in seeking to ensure that harassment ceases. There are various ways in which each individual can deal with harassment ranging from simply asking the person to stop, to taking up a formal complaint.
Other complaints relating to work or academic related issues should continue to be handled through the agreed grievance procedures, copies of which are available from Human Resources or Department of Student Services as appropriate.
1 - Informal Procedure
If at all possible you should make it clear to the person causing the offence that such behaviour is unacceptable to you. In many cases such an approach is successful and the harassment ceases. In some cases, the person against whom you have a complaint may be unaware that his/her behaviour is unacceptable or objectionable, or it may happen that his/her words or actions have been misinterpreted. In such cases the misinterpretation needs to be cleared up quickly.
You may wish to seek help or advice from a friend or sympathetic colleague or from someone in authority whom you feel able to talk to and who may also accompany you to any meetings. At any time you may request a confidential meeting with any person from the University Harassment Network whose training and experience enables them to handle problems relating to personal harassment. An up-to-date list of Harassment Network members is available from Human Resources and Student Services and from the Student Advice Centre on request. Informal help is also available through the Campus Unions.
If you feel unable to speak to the person concerned, or it has no effect, this does not imply that you consent to the harassment nor will it prejudice any complaint you may bring. It is however important to begin to keep a note of the details and dates of any relevant incidents which distress you and the effect they have had on you.
Many situations can be resolved at an informal level. However, the Personal Harassment Guidelines contain further stages which can be applied in situations where the preliminary steps outlined above fail to be effective in stopping the harassment or where the behaviour is of such a serious nature that the informal measures would be inappropriate.
2 - Formal Procedure
If the harassment continues or is of a more serious nature than can be dealt with by an informal approach, then you are strongly advised to seek a confidential interview with your Head of Department or with any person from the University Harassment Network. They will listen to you in confidence and give you advice on how to proceed. You may also wish to seek advice from the appropriate Trade Union or Campus Union.
Members of the University Harassment Network are all willing to discuss incidents or problems however serious or however apparently insignificant they may seem. They will simply listen, offer advice on the ways you might resolve the matter or, if you wish, will refer the matter to a person who can take the matter further with you. Any discussion will be confidential within the Network and further action will not be taken without your express permission.
All formal complaints of harassment should wherever possible in the first instance, be raised with the Head of Department of the complainant. He/she will consider the nature of the claims, make initial enquiries and take any action deemed appropriate as quickly as possible. It may be advisable for the Head of Department to involve a second person in this process in order to ensure that an objective investigation is conducted and that a range of views are represented. In instances where the Head of Department wishes to ask a second person(s) to assist in this process, s/he should always inform the complainant of his/her intention and ask for the complainant's confirmation that the nominated advisor(s) is acceptable to him/her. The confidentiality and sensitivity of harassment cases should always be a prime concern when considering who would be an appropriate impartial party in such investigations.
Where the alleged harassment occurs between members of different departments, the complainant should inform his/her Head of Department who will liaise with the relevant parties. The Head of Department is encouraged to seek advice from Human Resources or Department of Student Services in dealing with any case of harassment.
In situations where the alleged harassment is of such a serious nature that it cannot be dealt with at a departmental level, or where the Head of Department has taken steps to address the issue but the problem persists he/she may refer it to Human Resources or Student Services, whichever is appropriate (see sections a-d).
NOTE In cases where a Head of Department is the alleged harasser, the complainant should seek advice from a member of the Harassment Network who will advise him/her on how to proceed.
If a complainant approaches his/her Head of Department regarding a case of alleged harassment and the Head of Department decides not to take the issue further, he/she must provide the complainant with reasons for this decision in writing. If the complainant still wishes to pursue the issue, he/she should seek advice from a member of the Harassment Network.
i - Where both the harassee and alleged harasser are members of University staff:
- Where unable to resolve alleged harassment between two staff members the Head of Department of the complainant should consultHuman Resources. A professional member of Human Resources will carefully consider the case and may decide to interview in turn, the complainant and the alleged harasser. A witness will be present in both cases to record the interview. The interviewee will be invited to ask a friend, colleague, harassment network member or Trade Union representative to accompany him/her to this meeting.
- If, after investigation, the complaint is considered to be well founded, Human Resources will refer the matter to the Head of Department of the alleged harasser for appropriate action (which may include disciplinary action) to be taken as appropriate to the relevant procedures and seriousness of the allegations.
- If Human Resources decides not to pursue the matter, a written statement of the reasons for that decision will be provided to the complainant. If staff wish to pursue the matter further they may have recourse to the relevant grievance procedures: it is expected that this will be using the later stages of the procedures although Human Resources will advise staff according to circumstances.
ii - Where both the harassee and alleged harasser are students
- Where unable to resolve alleged harassment between two students the complainant's Head of Department should consult the Student Services Department. The Head of, or designated staff member in Student Services will carefully consider the case and may decide to interview in turn, the complainant and the alleged harasser. A witness will be present in both cases to record the interview. The interviewee will be invited to ask a friend, colleague, representative from the Students' Union or harassment network member to accompany him/her to this meeting.
- If, after investigation, the complaint is considered to be well founded, the Department of Student Services will advise the Head of Department of the further action that may be taken.
- If the Department of Student Services decides not to pursue the matter, a written statement of the reasons for that decision will be provided to the complainant.
iii - Where the harassee is a student and the alleged harasser is a member of staff:
- In cases where the complainant is a student and the alleged harasser is a member of staff the Head of the complainant's department should consult the Head of, or designated staff member in Student Services. They will consider the case in the first instance and consult with Human Resources before making a decision on how to pursue the matter.
- If, after investigation, the complaint is considered to be well founded, Human Resources will refer the matter to the Head of Department of the alleged harasser to take the appropriate action which may include disciplinary proceedings as appropriate to the category of staff and seriousness of the allegation.
- If, after careful consideration, a decision is made not to pursue the matter, a written statement of the reasons for that decision will be provided to the complainant by the Department of Student Services.
iv - Where the harassee is a member of staff and the alleged harasser is a student:
- In instances where a member of University staff is complaining of harassment by a student the complainant's Head of Department should consult a professional member of Human Resources who will consider the case in the first instance and consult with the Department of Student Services before making a decision on how to pursue the matter. Any formal action that is taken against the harasser will be the responsibility of the Department of Student Services.
If, after investigation, the complaint is considered to be well founded, the Department of Student Services will advise the Head of Department of the alleged harasser of the most appropriate course of action.
If a decision is made not to pursue the matter, a written statement of the reasons for that decisions will be provided to the complainant by Human Resources.
If staff wish to pursue the matter further they may have recourse to the relevant grievance procedures: it is expected that this will be using the later stages of the procedures although advice will be given to staff by Human Resources, according to circumstances.
Please note:
'Head of Department' refers to any figure in authority such as Wardens of Halls of Residence or the Director of Housing.
It is not possible to set down detailed guidelines as to how every case will be pursued due to the diverse and sensitive nature of harassment issues.
Formal action may include the University Disciplinary and Grievance procedures for staff and students, copies of which are available from Human Resources and Student Services respectively.
The harassee will be fully advised in writing of the reasons for any course of action decided on. No action will be taken without his/her knowledge and agreement. If the University decides not to pursue a harassee's claims, he/she will be informed of the alternatives open to him/her.
What the University will do in response to a complaint
The University undertakes:
- To take the complaint seriously.
- To investigate all allegations impartially and thoroughly and as quickly as possible.
- To ensure that the alleged harasser is fully informed of the claims made against him/her and has a fair opportunity to state a case in response.
- To maintain confidentiality as far as possible for all parties involved in a harassment case.
- If an allegation is proved, to take effective action to prevent a recurrence.