- Disabilities Policy
- Disabilities Equality Scheme
- Gender Equality Scheme
- Equal Opportunities Policy
- Race Equality Policy
- Race Equality Action Plan
- Code of Practice on Harassment
- Code of Practice on Freedom of Speech
Code of Practice on Harassment
| | Principles and Definition1. The College regards harassment of its members or employees as demeaning and damaging, not only to its victim but also to the College. The College is committed to protecting members or employees from any form of harassment which might inhibit them from pursuing their work or studies, or from making proper use of College facilities. Complaints of such conduct will be taken seriously and may lead to disciplinary proceedings. All members of College and employees have a personal responsibility to ensure that their behaviour is not contrary to this code and are encouraged to ensure the maintenance of an environment in the College which is free from harassment. 2. For the purposes of this code, harassment may be broadly understood to consist of unwarranted behaviour towards another person, so as to disrupt the work or reduce the quality of life of that person by such means as single or successive acts of bullying, verbally or physically abusing, or ill-treating him or her, or otherwise creating or maintaining an intimidating, hostile or offensive studying, working, living or social environment. Forms of harassment covered by this code include harassment relating to another's sex (including gender reassignment), sexual orientation, religion, race, or disability. Unacceptable forms of behaviour may include unwelcome sexual advances, unwelcome requests for sexual favours, offensive physical contact or verbal behaviour, or other hostile or offensive acts or expressions relating to people’s sex, sexual orientation, religion, race or disability. Harassment may be deliberate and conscious but also unintentional. The abuse of a position of authority or trust, as for example that of a student’s tutor or an employee’s supervisor, is an aggravating feature of harassment. Even more so is the threat, express or implied, of reprisals if a complaint is made. Formal inequality of status is not a necessary condition for harassment; inappropriate behaviour can also constitute harassment in the context of student-student or staff-staff relationships. Behaviour which between equals might not be seen as harassment may become so where there is sufficient inequality between the persons concerned for the recipient reasonably to feel unable to put a stop to it easily. Sexual harassment is unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of men and women at work. It covers a range of behaviour which is unwelcome, unsolicited, unreciprocated, or professionally inappropriate. It includes offensive physical contact or language; and unwelcome sexual advances or requests for sexual favours when: a) submission to or rejection of such conduct by an individual is used as the basis for academic or employment-related decisions affecting him or her; or b) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive studying, working, or living or social environment. Serious forms of sexual harassment may involve explicit demands for sexual activity and actual physical violence. Harassment on grounds of race, colour, nationality, ethnic or national origin is inconsistent with the College’s commitment to eliminating unlawful racial discrimination, promoting equality of opportunity and promoting good relations between people of different racial groups. Racial harassment covers a wide range of unacceptable, and often unlawful, behaviour which could produce an intimidating or unpleasant atmosphere within the College and includes racist banter and abuse, racist literature, graffiti or the overt shunning of people from different racial groups. 3. Being under the influence of alcohol or otherwise intoxicated will not be admitted as an excuse for harassment, and may be regarded as an aggravating feature. Advice4. Advice may be sought or complaints pursued through any appropriate channel. Undergraduates may prefer to raise any concerns with their subject tutor or personal tutor and graduates with their college adviser. Those approached will direct enquirers elsewhere, if that seems most likely to meet the enquirer’s needs. In addition to other officers, the following people have been specially appointed as Harassment Advisers, to give advice in this connection and to answer questions (whether or not amounting to a complaint):
Those protected by this code may appropriately seek advice in relation to harassment even if the conduct in question is not sufficiently serious to warrant the institution of disciplinary proceedings. Either of the Harassment Advisers listed above may be approached in the first instance. 5. Enquiries about harassment will be responded to promptly. Harassment Advisers will discuss the range of options available to enquirers and whenever possible assist them in resolving the problem informally in the first instance. The role of advisers is advisory and not disciplinary. All disciplinary matters lie in the hands of the relevant disciplinary bodies. Confidentiality and Protection from Reprisal6. It is essential that all those involved in a complaints procedure (including complainants) observe the strictest confidentiality consistent with operating that procedure; an accusation of harassment is potentially defamatory. Except as provided in clause 9 the College shall take steps to ensure that neither the complainant nor the respondent is subject to reprisals or discrimination of any kind by any person by reason of the making of the complaint. Discipline7. If a complaint is not resolved on an informal basis it may be referred to the President or Vice-President who will determine whether there is a prima facie case. If a prima facie case is established at this preliminary stage, the President (if the Vice-President established that there was a prima facie case) or Vice-President (if the President established that there was a prima facie case) will appoint a Committee to conduct the investigation of the complaint. The Committee will not be appointed by, or include, a President or Vice-President who has determined the existence of a prima facie case. The Committee shall normally consist of the President or Vice-President and four others. The Committee will not include either college Harassment Adviser, or any other person from whom the complainant has sought advice on the issue giving rise to the proceedings or to whom the complaint was initially made. In exceptional circumstances, the Committee may be appointed by the Senior Tutor. In the case of a complaint of sexual harassment the Committee will include at least one member of each sex and in the case of a complaint of racial harassment the Committee will include, if possible, at least one fellow or College lecturer from an ethnic minority group. Where either the complainant or the respondent is a non-academic employee, at least one member of the Committee will be a non-academic employee of the College. Where either the complainant or the respondent is a student, at least one member of the Committee will be a member of the JCR or MCR. Where either the complainant or the respondent is an academic member of staff, at least one member of the Committee will be a fellow who is a member of the Tutorial Board. Where a complaint falls within Statute XIV or the College Bylaws made under it, the procedures employed will comply with that Statute and in particular the grievance procedures set out in part VI. The respondent and the complainant will be informed of their right to make written and oral representations to the Committee, and to select one member of the College or a friend, adviser or trade union official from outside the College, to represent them and assist them if they so wish. In serious cases legal representation will be permitted insofar as this is necessary to meet the requirements of the rules of natural justice. Disciplinary Action8. The Committee shall report its findings as soon as practicable to the Tutorial Board, or if appropriate, to the College or the Bursarial Committee; provided that the Committee shall have the power to refrain from making any report if the matter has been otherwise resolved to the satisfaction of the complainant and the respondent. If the Committee finds the complaint to be well-grounded on the balance of the evidence, it shall make recommendations as to the appropriate disciplinary or remedial action to be taken; in the most serious cases this could involve dismissal or sending down. The Tutorial Board or College or Bursarial Committee, having considered the report and recommendations of the Committee, shall take appropriate action. If the Tutorial Board or the College, acting on the advice of the Committee, finds that the complaint was made maliciously or with the intention of abusing the procedures laid down in this Code, the complainant may be reprimanded or disciplined. Jurisdiction9. Nothing in this Code shall remove the power of the Deans of Arts to deal with examples of abusive, offensive or aggressive behaviour whether or not amounting to harassment. Attention is drawn to the relevant provisions of the Information and Regulations for Members of the College. Nothing in this code shall detract from the position and jurisdiction of the Proctors or the right of free access to them by all junior and senior members of the University. August 2004 |