Human Resources Policies & Procedures
DIGNITY AT WORK AND STUDY POLICY
1. POLICY STATEMENT
1.1 Leeds Trinity University aims to provide a compassionate, respectful and inclusive
working and learning environment which is free from harassment, bullying or unfair
discrimination. The University expects that all individuals will be treated with respect
and consideration.
1.2 The University recognises that harassment can have a detrimental effect upon the
performance, morale, confidence, health and learning of those who are affected by it.
The University has a zero tolerance approach to harassment, bullying or victimisation
and any breach of this policy could lead to formal disciplinary action being taken, which
may include dismissal or expulsion from the University.
1.3 The purpose of this policy is to minimise the possibility of harassment, bullying or
victimisation occurring and to ensure that adequate procedures are available when
needed.
2. SCOPE
2.1 This policy applies to bullying, harassment or victimisation by a member of staff
against another member of staff, a student1 against a student, a member of staff
against a student and a student against a member of staff. This policy also aims to
protect members of staff and students from harassment by third parties, such as
external contractors and agencies working for the university.
3. DEFINITIONS OF HARASSMENT
3.1
General definition:
Harassment is unwanted physical, verbal or non-verbal conduct which subjects
an individual or group of individuals to unwelcome attention, intimidation,
humiliation, ridicule, offence or loss of privacy. It is usually characterised by
persistent behaviour, although a single incident may be serious enough to
constitute harassment and justify a complaint.
Harassment of one person by another, whether based on any of the
characteristics below, or not, is deemed to be unacceptable at the University
and should be reported under this policy.
Under the Equality Act 2010, harassment will amount to discrimination if it is:
On the grounds of age
Related to a person’s disability or health condition (including mental
health)
On racial grounds
On grounds of religion or belief (including none)
Sexual in nature
On grounds of sexual orientation
1 The term “student” applies throughout the policy to al those studying with us, whether full
or part- time, including apprentices.
DATE OF ISSUE: January 2019
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AUTHOR: Human Resources
Human Resources Policies & Procedures
On the basis of gender
On the basis of pregnancy or maternity
Harassment may also amount to discrimination where an individual
experiences:
• Harassment on the grounds that they are related to, or associate with
someone with a protected characteristic (ie age, disability, gender, race,
religion, sexuality, gender reassignment or identity). This is known as
harassment by association.
• Harassment on a mistaken perception that a person has or does not have
a protected characteristic (ie age, disability, gender, race, religion,
sexuality, gender reassignment or identity). This is known as perceptive
harassment.
The University will not tolerate harassment or discrimination of any kind.
3.2
Sexual or Gender-based Harassment
3.2.1 Sexual harassment is unwanted conduct of a sexual nature which is offensive
to the recipient.
3.2.2 Gender-based harassment is unwanted physical, verbal or non-verbal conduct
on the basis of an individual’s gender or gender identity which is offensive to
the recipient.
3.2.3 Sexual harassment often, but not always, arises between people of unequal
organisational status. The University will regard the abuse of a position of
authority very seriously.
3.2.4 The most common form of sexual harassment is of women by men, but sexual
harassment of men by women or within the same sex does occur. All are
equally unacceptable.
3.2.5 Examples of sexual or gender-based harassment include the following:
•
Unnecessary and unwanted physical contact
•
Sexual innuendo and sexual expletives
•
Unwelcome advances, attention, invitations or propositions
•
Unwelcome or lewd references to a person’s physical features, figure
or dress
•
Suggestive and unwelcome comments, looks, attitudes or jokes
•
Sexist graffiti or the display of pornographic, degrading or indecent
material
•
Electronic transmission of pornographic, degrading or indecent
material
DATE OF ISSUE: January 2019
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AUTHOR: Human Resources
Human Resources Policies & Procedures
•
Threats of academic failure or promises of promotion/training in
exchange for sexual favours
•
Any criminal behaviour, such as indecent exposure, sexual assault or
rape (see section 6)
3.3
Racial or religious harassment
3.3.1 Racial or religious harassment is conduct based on race, religion, colour,
nationality or ethnicity, which is offensive to the recipient(s), and can include
hostile or offensive acts or expressions by a person or group against another
person or group, or incitement to commit such an act. Racial harassment can
also arise from exclusion and/or omission.
3.3.2 Examples of racial or religious harassment include the following:
•
Derogatory name-calling
•
Insults, racist or religious-based jokes
•
Racist graffiti or the display or transmission of offensive material
•
Verbal abuse or intrusive questioning about racial or religious issues
or racial origins
•
Gestures or physical threats or attacks
•
Deliberate exclusion from activities, social or otherwise
•
Ridicule of an individual for cultural differences such as appearance,
dress, diet, or ethnic background
4
BULLYING
4.1
Bullying is threatening, abusive, intimidating or insulting behaviour which may
be an abuse of power, position or knowledge, which can result in the recipient
feeling threatened, undermined, belittled and can erode an individual’s
confidence.
4.2
Examples of bullying behaviour include the following:
•
Shouting
•
Sarcasm
•
Threatening behaviour or remarks
•
Derogatory or belittling remarks regarding appearance, job
performance or personal attributes
•
Persistently ignoring or patronising a person/persons
•
Subjecting someone to unreasonable group pressure
DATE OF ISSUE: January 2019
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AUTHOR: Human Resources
Human Resources Policies & Procedures
4.3
Bullying is not confined to open, derisory remarks or aggression, but can also
be subtle and devious, resulting in an individual being singled out, demeaned
and devalued.
4.4
Bullying can be carried out by an individual or a group of individuals. It
frequently involves someone in a position of authority bullying someone in a
more junior position. However, bullying of people in a more senior position by
people in a more junior position and between people in equal positions could
occur. All are equally unacceptable.
4.5
Vigorous speech and comment, academic debate can be distinguished from
bullying behaviour. However, care should be taken to ensure that neither
staff nor students are made to feel intimidated.
4.6
In relation to staff, managers are entitled to provide constructive feedback, to
outline areas where improvement is needed and to instigate formal procedures
where necessary. This does not constitute harassment and bullying.
5
RESPONSIBILITIES
5.1
All University staff and students are expected to comply with the requirements
of this policy and to take steps to ensure that they display appropriate,
professional and respectful behaviour at all times.
5.2
The University recognises that harassment, bullying and discrimination are
sometimes linked to equality and diversity issues. All staff are responsible for
familiarising themselves with the University’s Equality and Diversity Policy.
5.3
Managers have a particular responsibility for taking all reasonable steps to
ensure that harassment does not occur in the area of work for which they are
responsible. Managers should also be responsive and supportive to any
member of staff who complains about harassment, provide full and clear advice
on the procedure to be adopted and ensure that there is no further problem of
harassment or victimisation after the complaint has been resolved.
6.
PROCEDURES FOR DEALING WITH HARASSMENT
Anyone who believes that he/she is the subject of harassment in any form
can take the following steps:
6.1
Informal action:
6.1.1 If at all possible, those who believe they are the subject of harassment should
tell the person(s) concerned that their behaviour is causing offence and ask
them to stop. It may be useful to have a note of incidents including times and
dates in order to be able to give examples of the behaviour that may have
caused offence.
6.1.2 If an individual has attempted to address the issues or alternatively does not
feel able to do so without support and assistance, he/she may seek confidential
help and advice from any of the following:
•
Their personal tutor, or any member of academic staff
DATE OF ISSUE: January 2019
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AUTHOR: Human Resources
Human Resources Policies & Procedures
•
Their line manager or Head/Director of their School/Department
•
An appropriate trade union representative
•
A member of the Human Resources Department or, for students, the
Director of Student Services
•
The Student Union
6.2
Formal action:
6.2.1 If the problem persists, or if an incident is sufficiently serious, the individual will
provide a written statement, which should include details of what has happened
and how this is affecting the individual. Complaints of harassment, bullying or
victimisation should be referred to the appropriate person, as set out in the table
below.
Type of Complaint
To be referred to
Complaint about a colleague’s
The complainant’s line manager, their
behaviour
Trade Union or Human Resources
Staff complaint about their line The line manager’s line manager,
manager
their Trade Union, or Human
Resources
Student complaint about another Student Union, or Student Services
student
Student complaint about a member
The Head/Director of
of staff
School/Department, Student Services
or the Student Union
Staff complaint about a student
Their Head/Director of
School/Department.
6.2.2 Human Resources, or Student Services will advise on and support the
coordination of the investigation, which will include the identification of an
appropriate Investigating Officer. The Investigating Officer will carry out a
thorough investigation and make recommendations for action to Human
Resources or Student Services.
6.2.3 The Investigating Officer will meet with the complainant to discuss their findings
and will confirm these in writing, subject to third party rights and data protection.
The investigation process should be completed within 30 days of receipt of the
written complaint wherever possible.
6.2.4 In most cases the individuals concerned will be able to continue working or
studying pending the outcome of the investigation. In exceptional
circumstances it may be necessary for the Director of Human Resources or
Director of Student Services to review these arrangements with the individuals
concerned.
6.2.5 If, at the conclusion of the investigation, it is judged that the matter is of a
sufficiently serious nature as to warrant consideration of disciplinary action,
then no such action will be taken without invoking the appropriate disciplinary
procedure.
DATE OF ISSUE: January 2019
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AUTHOR: Human Resources
Human Resources Policies & Procedures
6.2.6 However, in cases where there is a prime facie case of gross misconduct, the
University reserves the right to proceed directly with an employee or student
disciplinary process, in order to prevent unduly lengthy and duplicated
investigations.
7.
CONFIDENTIALITY
7.1
Issues of harassment will be dealt with in a confidential manner and the decision
as to whether or not a complaint should be taken forward will rest with the
complainant.
7.2
It must be recognised that there may be instances in which confidentiality cannot
be maintained. In exceptional circumstances action may be taken against the
wishes of a complainant in order to address an unacceptable risk. Where possible,
confidentiality will not be compromised without the complainant being consulted
and having the opportunity to take advice.
8.
CRIMINAL OFFENCES
If a criminal offence such as harassing phone calls, physical assaults, indecent
exposure or rape take place, the individual will be advised to report the matter to
the police and the University will refer such cases automatically to its Disciplinary
Processes.
9.
VEXATIOUS COMPLAINTS
Complaints of harassment are treated seriously by the University. It should
therefore be noted that anyone found to be making mischievous or malicious
complaints will be subject to the appropriate disciplinary procedures.
DATE OF ISSUE: January 2019
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AUTHOR: Human Resources