Student Harassment Policy. Effective August 2015 Present

Transcription

1 Student Harassment Plicy Effective August 2015 Present

2 UNIVERSITY OF CENTRAL LANCASHIRE Student Harassment Plicy The University values and respects all students and is cmmitted t prviding an inclusive and supprtive student experience fr all. Our values and visin are set ut in the Equality and Diversity plicy and Student Charter. They detail the rights and respnsibilities we all have as members f the UCLan cmmunity. Every student has a persnal respnsibility t cmply with these plicies and t treat fellw students, staff and visitrs with dignity and respect. Bullying, harassment and victimisatin are nt tlerated and allegatins will be taken seriusly, cnsidered carefully and acted upn apprpriately. 1. Definitins Key definitins (based n definitins frm ACAS) Under The Equality Act (2010) and The Public Sectr Equality Duty the University has a legal duty t take practive steps t cmbat victimisatin and harassment. Peple can be subjected t harassment r bullying n a wide variety f grunds, including in relatin t the fllwing prtected characteristics : Age Disability Gender reassignment Pregnancy r maternity (where interpreted as discriminatin) Marriage r civil partnership Race (including ethnic rigin, natinality r skin clur); Religin and belief Sex/gender Sexual Orientatin Harassment Harassment is unwanted cnduct that vilates a persn s dignity r creates an intimidating, hstile, degrading, humiliating r ffensive envirnment fr them having regard t all the circumstances including the perceptin f the victim. Harassment includes behaviur that is ffensive, frightening r in any way distressing. It may be intentinal bullying which is bvius r vilent, but it can als be unintentinal r subtle and insidius. Belw is a list f what may cnstitute harassment: Offensive gestures, language, gssip r jkes Insulting r abusive behaviur r cmments Spreading malicius rumurs Physical cntact, ranging frm an invasin f persnal space and/r inapprpriate tuching, t serius assault Display f sexually suggestive, prngraphic, racist r therwise ffensive pictures r ther material r the transmitting f any such messages r images via electrnic mail, mbile telephne r scial media Persistent unwanted islatin r exclusin Outing smene Persistent unwanted attentin Humiliating r demeaning criticism

3 Harassment may cnsist f a single incident r a pattern f behaviur which cntinues after an bjectin is made. An individual des nt need t belng t a grup themselves in rder t bring a cmplaint if they feel smene s behaviur was inapprpriate and vilated the dignity f that grup. Fr example, smene culd still cmplain that a hmphbic remark was used even if they were hetersexual. Harassment can als take place n the basis f perceptin r assciatin. An individual can bring a cmplaint if they experience harassment because they are perceived t have a prtected characteristic that they d nt actually have, r because they are assciated with a persn with a prtected characteristic. Fr example, an individual can bring a cmplaint if they are harassed because their partner has undergne gender reassignment, r because they need t take time ut f wrk t care fr an elderly r disabled relative. It is nt the intentin f the alleged harasser that determines whether harassment has ccurred, but whether it is cnsidered unacceptable t the cmplainant. It may be deliberate r unintentinal, and differences f attitude r culture and the misinterpretatin f scial signals can mean that what is perceived as harassment by ne persn may nt seem s t anther. Bullying Bullying may be characterised as ffensive, intimidating, malicius r insulting behaviur, an abuse r misuse f pwer thrugh means that undermine, humiliate, denigrate r injure the recipient. What is cnsidered bullying t ne persn may nt t anther due t differences in attitude and culture. Sme f the examples that ACAS include as frms f bullying are: spreading malicius rumurs, r insulting smene (particularly n the grunds f age, disability, gender reassignment, race, religin r belief sex and sexual rientatin) ridiculing r demeaning smene picking n them r setting them up t fail exclusin r victimisatin unfair treatment verbearing supervisin r ther misuse f pwer r psitin Bullying and harassment can take the frm f face t face cntact as well as written cmmunicatins including , visual images, electrnic , r by telephne and SMS. Victimisatin Victimisatin is defined as treating a persn/grup f peple less favurably because f actin they have taken under r in cnnectin with equality legislatin. Sme examples f victimisatin include: Excluding smene frm scial situatins fllwing a cmplaint r rumur; Denying smene the pprtunity t participate in a prject, scial event r apply fr a placement pprtunity because they are perceived t be a trublemaker ; Lwering a student s assessment results because they have made r supprted a cmplaint. Hate Crime Hate crime is defined as Any hate incident, which cnstitutes a criminal ffence, perceived by the victim r any ther persn, as being mtivated by prejudice r hate. Harassment, bullying and victimisatin invlving students may be: experienced by students frm ther students, staff r visitrs by students n ther students, staff r visitrs

4 2. What shuld I d if I believe I am being harassed? If yu feel yu are being subjected t harassment in yur rle as a student f the University, d nt feel that it is yur fault r yu have t put up with it. The University s primary cncern is that yu shuld receive apprpriate supprt, assistance and cnfidential advice. There are varius ways yu can deal with harassment ranging frm asking the persn t stp t pursuing a frmal cmplaint. Whilst yu have the pprtunity t make a frmal cmplaint at any stage, wherever pssible, cmplaints f harassment will be dealt with infrmally, as this is mre likely t prduce slutins which are speedy and effective. If yu experience a single r multiple acts f harassment that yu cnsider t be serius please prceed directly t the frmal prcedure. Hwever this plicy des shuld nt deter r delay any reprt t the plice that yu think is apprpriate. Shuld yu make a cmplaint t the plice the University recmmends that yu infrm the Directr f the Student and Academic Supprt Service s that the University is able t assist yu and the plice, but there is n bligatin n yu t d s. 3. Infrmal Steps Act prmptly, d nt wait until yur University life feels intlerable. Make it clear, directly r thrugh a friend r third party, that the behaviur in questin is unacceptable t yu. Make a written nte f any incident(s) f harassment including dates, time, lcatin and what everyne invlved said. Als make a nte f the names f anyne else wh witnessed the alleged incident. Seek a meeting with a Student Cunsellr in Student Services r a Student Advisr in the Students Unin. They will listen and will prvide advice n what ptins are available and what can be dne t reslve the situatin. These meetings are cnfidential and (save fr exceptinal circumstances) nthing yu say will be passed t a third party withut yur express cnsent. Yu may prefer t write t the persn, being specific abut what is causing ffence and retaining a dated cpy f the letter. 4. Mediatin If the infrmal steps detailed abve are either nt sufficient r yu feel they are inapprpriate t stp the alleged harassment, yu may wish t cnsider mediatin as a means f finding agreed cmmn grund. This can be dne by asking the Head f the Cunselling and Advisry Centre t cnvene a meeting f all parties invlved. The purpse f this meeting is t try t agree a way frward withut further harassment. If this is nt pssible, yu still have recurse t the frmal prcedure. 5. Frmal Prcedures If, having given full cnsideratin t and/r fllwed the infrmal measures utlined abve, the harassment cntinues r yu experience a single act f serius harassment, yu shuld ldge a frmal cmplaint. The University is cmmitted t supprting yu in making any legitimate cmplaint.

5 5.1 Cmplaints abut ther students The University s Regulatins fr the Cnduct f Students prhibit the harassment f any student. If yur cmplaint is abut anther student(s), it shuld be submitted under the Regulatins fr the Cnduct f Students. Yu shuld put yur cmplaint in writing t the Directr f the Student and Academic Supprt Service. If yu are a student at a partner institutin and yur cmplaint is abut anther student, yu shuld fllw yur institutin s cmplaints prcedure. If yu are a student n placement and yur cmplaint is abut anther student n that placement wh attends the University, yu shuld infrm a member f staff at the Student and Academic Supprt Service wh will, where apprpriate, invke the disciplinary prcedure under the Regulatins fr the Cde f Cnduct f Students. If the student yur cmplaint relates t n yur placement des nt attend the University, yu shuld cntact yur placement tutr at the University in the first instance. 5.2 Cmplaints abut members f staff The University has a Cmplaints Prcedure fr use by students t raise cncerns abut any service prvided by the University (see If yur cmplaint is abut a member f staff, it shuld be submitted under the University s Cmplaints Prcedure. Yu shuld put yur cmplaint in writing t the Head f Department f the member f staff wh is causing the harassment and als send a cpy t yur wn Head f Department. If yu are a student at a partner institutin and yur cmplaint relates t a member f staff at that institutin, yu shuld in the first instance pursue yur cmplaint in accrdance with the partner institutin s prcedure. In the event f dissatisfactin upn exhaustin f the partner institutin s prcedure, students will be entitled t submit their cmplaint t the University under stage 3 f this Prcedure within 15 wrking days f the date f the partner institutin s final respnse. If yu are a student n placement and yur cmplaint relates t a member f staff n that placement, yu shuld cntact yur placement tutr at the University in the first instance. 6. Guidance n submitting a frmal cmplaint Yur cmplaint shuld be in writing and needs t be signed. Yur written cmplaint shuld include details f every incident (including dates and times) and the names f any witnesses. Please prvide details f any infrmal r ther measures yu have already taken t attempt t reslve the matter. If yu are nt sure wh t cntact, the Cmplaints Liaisn Officers will be happy t help and can be cntacted via n cliaisn@uclan.ac.uk 7. Mnitring All cmplaints f harassment are subject t statistical mnitring and cllated in the Academic Quality and Standards Unit in accrdance with the mnitring scheme and relevant legislatin. Details f the case will remain cnfidential and will nt identify individuals in any way.

6 8. Cnfidentiality If infrmatin is t be kept cnfidential, the student shuld make this clear t the persn t whm a cmplaint is made. Students shuld understand that in exceptinal circumstances it may be difficult fr cnfidentiality t be respected, fr instance where a criminal ffence has been disclsed. Students shuld als understand that in sme circumstances the demand fr cnfidentiality may make it difficult fr the University t assist them with their cmplaint.