Dignity at Work and Study Policy and Procedure

Index:

• 1. Introduction and statement of intent
• 2. Scope
• 3. Policy
  • 3.1 University responsibility
  • 3.2 Individual responsibility
• 4. Definition of harassment and bullying
• 5. Procedures
  • 5.1 Informal procedure for Students
  • 5.2 Formal procedure for Students
  • 5.3 Informal procedure for Employees
  • 5.4 Formal procedure for Employees
• 6. Confidentiality
• 7. Monitoring of this policy
• 8. Relevance to other Policies
  • 8.1 Student Policies
  • 8.2 Employee Policies/Procedures
• 9. Useful contacts
  • 9.1 For Students
  • 9.2 For Employees

Appendices

• Appendix A: The Equality Act 2010
• Appendix B: Definitions of bullying and harassment
• Appendix C: Harassment Volunteer Network
• Appendix D: Procedure for Complaints relating to external providers
• Frequently Asked Questions
• Harassment Volunteer Network
  • Network Contact Details

1. Introduction and statement of intent

The University of Glasgow vision is to enhance its position as one of the world’s great, broad based, research-intensive universities. The University recognises that productive employees and students are vital to achieve this. Underpinning this vision are four values – integrity, credibility, openness and success.

Our inclusiveness embraces diversity by valuing and respecting the perspectives and contributions of all our colleagues and students^.(1)

This is supplemented by emphasising that all colleagues and students should be treated with dignity and respect within their working and learning environment and that harassment or bullying in any form will not be tolerated by the University.

⁽¹⁾ http://www.gla.ac.uk/media/media_180610_en.pdf

2. Scope

The behaviours in this Policy cover all members of the University community, including:

• All members of staff holding a contract of employment, and staff from other institutions on placement at, or visiting the University
• All students, including visiting and placement students
• Visitors, including external persons using the University’s premises
• Contractors working at the University
• Individuals working or acting on the University’s behalf, including suppliers of goods and services
• Employees working within the Student Representative Council and student unions.

The procedures ⁽²⁾ relating to this Policy cover;

• All members of staff holding a contract of employment, and staff from other institutions on placement at, or visiting the University
• All students, including visiting and placement students
• Contractors working at the University (Appendix D only)

⁽²⁾ All other University community members not covered below should follow existing complaints procedures should they wish to make a complaint about a University employee or student.

3. Policy

The University of Glasgow is committed to fostering a working, learning and research environment where mutual respect and dignity is experienced by and between employees and students.

The University aims to promote a culture where differences are welcomed, harassment and bullying are known to be unacceptable and where allegations are dealt with in fair and timely fashion, and without fear of victimisation.

The University recognises harassment is unlawful as outlined in the Equality Act.

Harassment and bullying can have a serious detrimental effect on the health, confidence, morale and performance of those affected by it, and on the working, learning and living environment. 

3.1 University responsibility

The University will ensure that:

• Staff, students, visitors and external contractors/suppliers are treated fairly irrespective of any protected characteristics as outlined in the Equality Act 2010 (see Appendix A).
• Incidents of harassment or bullying are taken seriously and dealt with promptly.
• University employees or students who report harassment or bullying are not victimised.
• It will act promptly when allegations of harassment by external parties are reported by employees or students (see Appendix D), in relation to the working or studying environment, and where reasonable.
• Employees and students are made aware of this equality policy through the University’s web pages, publications and general training, where appropriate.
• Malicious, vexatious or spurious allegations will be dealt with in the appropriate manner.⁽³⁾

⁽³⁾ This would be through the Student Code of Conduct or staff Disciplinary Procedure.

3.2 Individual responsibility

University employees, students, contractors and visitors will ensure that they:

• Treat others with dignity and respect.
• Participate in training to support the implementation of the Policy where appropriate.
• Challenge harassing or bullying behaviour as and when appropriate.

4. Definition of harassment and bullying

Bullying and harassment are defined by the Advisory, Conciliation and Arbitration Service (ACAS) as the following:

• Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.
• Harassment is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

For practical purposes those making a complaint usually define what they mean by bullying or harassment – something has happened to them that is unwelcome, unwarranted and causes a detrimental effect. However, behaviour that is considered bullying by one person may be considered firm management by another.⁽⁴⁾  Therefore the test of reasonableness must also be applied, i.e. a reasonable person in possession of the same information would regard it as harassment.

Examples of what may constitute harassment and bullying are provided in Appendix B. This is not exhaustive list, but it provides examples of what is considered to be harassing or bullying behaviour.

⁽⁴⁾ http://www.acas.org.uk/index.aspx?articleid=1864

5. Procedures

The University encourages individuals to solve issues informally as this is often the quickest and most effective method of dealing with harassment or bullying: the University has in place support measures to reflect this. The informal procedure for students and employees are very similar and are outlined below.

If you are a student and your allegation relates to an employee of the University, follow the student procedure. If you are an employee and your complaint relates to a University student, follow the student procedure.

5.1 Informal procedure for Students

If a student thinks they are being subjected to harassment or bullying in any form, they may wish to consider the following course of action:

If possible the student should tell the alleged harasser that they perceive their behaviour as harassment, and that they would like them to alter this behaviour. This can be done in person, or by letter/email. It is helpful if the student has specific examples, or evidence of the unwanted behaviour, and can say why this has made them feel uncomfortable. A record of the discussion, and copies of any correspondence, should be kept by both parties in the event that follow-up action becomes necessary.

If the student finds this too difficult they may ask for support in writing to, or accompanying them to a meeting with, the alleged harasser. This support may be from the Harassment Volunteer Network (see Appendix C), their Advisor of Studies, the SRC Advice Centre, Head of Subject or School.

If the outcome of this initial informal action fails to produce a resolution, then the student should proceed to the Formal Procedure (see 5.2)

5.2 Formal procedure for Students

A formal complaint should be made where a matter remains unresolved through the informal approach, if the problem continues after an agreed resolution or if the matter is of a more serious nature that would not be appropriate to be dealt with by informal means. Formal procedures are in place to allow incidents of bullying or harassment to be investigated fairly and transparently.

For students the following procedures are available:

a) University Student Complaints Procedure: a student can refer a matter of harassment or bullying as either an informal or formal complaint under this procedure. An outcome of a complaint investigation may involve a referral under b) or c) below.  The Complaints Procedure states that a formal complaint must be made within 12 months⁽⁵⁾ from the date of the most recent incident, but clearly it is desirable to address matters promptly.

b) Code of Student Conduct: a report can be made to the Senior Senate Assessor for Student Conduct under this Code if a student has been harassed by another student of this University.⁽⁶⁾

c) Staff Disciplinary Procedures: a report can be made to Human Resources if the University Student Complaints Procedure has been completed and the complaint of harassment by a member of staff of this University towards a student is upheld.

⁽⁵⁾ 6 months in the case of a former student/former employee.

⁽⁶⁾ Students can refer cases under the Code of Student Conduct directly if they are of serious nature, and require early attention/intervention by the Senior Senate Assessor for Student Conduct.

5.3 Informal procedure for Employees

The University encourages individuals to solve issues informally as this is often the quickest and most effective method of dealing with harassment or bullying. If an employee thinks they are being subjected to harassment or bullying in any form, they may wish to consider the following course of action:

If possible, the employee should make it clear to the alleged harasser that they perceive their behaviour as harassment, and they would like them to alter this behaviour. This can be done in person, or by letter/email. It is helpful if the employee has specific examples, or evidence of the unwanted behaviour, and can say why this has made them feel uncomfortable. A record of the discussion, and copies of any correspondence, should be kept by both parties in the event that follow-up action becomes necessary.

If the employee finds this too difficult they may ask for support in writing to, or accompanying them to a meeting with, the alleged harasser. This support may be from the Harassment Volunteer Network (see Appendix C), their line manager/supervisor, a colleague, trade union representative.

5.4 Formal procedure for Employees

If the outcome of this initial informal action fails to produce a resolution, then the employee may proceed to the Formal Procedure, which is the Grievance Procedure.

Where a grievance has already been considered informally (as outlined in the Dignity at Work and Study Policy, section 5.3), and the employee believes it has not been resolved, a formal grievance should be raised within 10 working days of the outcome on the informal stage.

Where a serious case of harassment or bullying is established at the informal stage this may proceed directly to the Disciplinary Procedure for appropriate investigation.

6. Confidentiality

It is important that any claims of bullying and harassment are treated seriously and confidentially.

Appropriate confidentiality will be observed for both complainant and alleged harasser. Confidentiality in this context relates to the details of the case and investigation. Only those who are required to know details of the case will have access to information including the complainant and the alleged harasser.

There may however be circumstances where there is a legal obligation to share information with another party. For example, where a line manager or Harassment Volunteer learns about something that could seriously affect the wellbeing of an individual or group; they have a duty of care to advise a HR Manager/Adviser of Studies or Head of School/Research Institute/Service even though it may be against the wishes of the student/employee. Except in these exceptional circumstances confidentiality will be maintained where at all possible.

7. Monitoring of this policy

The Equality and Diversity Strategy Committee (EDSC) will monitor the implementation and revision of this Policy.

The University will collect anonymised statistical information on complaints made by student and employees including:

• Informal monitoring of the policy by the Harassment Volunteer Network.
• Formal monitoring of student complaints by the Senate Office and of employees’ grievances by Human Resources.

8. Relevance to other Policies

8.1 Student Policies

• Student Complaints Procedure
• Student Code of Conduct
• Code of Practice on Unacceptable Behaviour

8.2 Employee Policies/Procedures

• Grievance Procedure
• Stress, Health and Wellbeing Policy

9. Useful contacts

9.1 For Students

9.2 For Employees

Approved By Court, 20 June 2012