3.3 Examples of bullying/harassing behaviour may include:
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1 CODE ON DIGNITY AT WORK AND STUDY The School embraces and values diversity of its staff and student population and seeks to promote equality as an essential element in enhancing the School s contribution to the improvement of health worldwide. Introduction LSHTM Equality and Diversity Strategy The School is committed to a working and learning environment which will enable staff and students to fulfil their potential. All members of the School have a responsibility to treat all colleagues and students with dignity, courtesy, respect and consideration even when disagreeing on work or other matters. Bullying and harassment are contrary to the values of the School. 1 Bullying and Harassment 1.1 These terms are often used interchangeably. 2 Harassment 2.1 Harassment is unwanted conduct which is related to age, race, sex, disability, sexual orientation, gender reassignment and religion or belief which has the purpose or effect of violating a person s dignity, or creating for that person an intimidating, hostile, degrading, humiliating or offensive environment. It may be persistent or an isolated incident. 3 Bullying 3.1 Bullying may be characterised as: Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. 3.2 Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual. 3.3 Examples of bullying/harassing behaviour may include: spreading malicious rumours, or insulting someone by word or behaviour (particularly on the grounds of age, race, sex, disability, sexual orientation, gender reassignment and religion or belief); exclusion or victimisation; ridiculing or demeaning someone or deliberately setting someone up to fail;
2 misuse of power or position such as inappropriate supervision; unwelcome sexual advances touching, standing too close, the display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected; making threats about job stability or academic failure without foundation; setting arbitrary or unreasonable workloads or deadlines; preventing an individual s progression by intentionally blocking promotion or training opportunities or threatening low grades; treating someone less favourably because they submit or reject sexual harassment or harassment related to gender reassignment; offering reward e.g. promotion or good grades for going along with sexual favours or working longer hours, and persistent and unwelcome contact The above list is not exhaustive. 3.4 Bullying and harassment do not necessarily take place face to face. They may also occur in written communications, electronic (e)mail, text messages and over the telephone and on networking sites. 3.5 Bullying and harassment can make someone feel humiliated and anxious. Inappropriate comments, gossip, rumour or judgements about anyone can be damaging. Inappropriate comments, gossip, rumour or judgements about anyone can be damaging. Inappropriate non-verbal behaviour such as physically intimidating or threatening behaviour can serve to undermine confidence and trust. 3.6 People can often feel isolated and stressed, which can lead to physical illness. The stress of being bullied or harassed can affect a person s ability to undertake their studies or the duties of their job. 4 The legal position 4.1 The legal definition of harassment is as follows: A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of (a) violating B s dignity or (b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B. The relevant protected characteristics are:- Age; Disability; Gender reassignment;
3 Race; Sex; Religion or belief, and Sexual orientation 4.2 A also harasses B if A engages in unwanted conduct of a sexual nature if it has the purpose of creating an intimidating, hostile, degrading or humiliating environment for B. 4.3 A also harasses B where B is treated less favourably if B either submits to or rejects unwanted conduct of a sexual nature or conduct related to sex or gender reassignment. 4.4 The School has a legal duty to provide a safe environment for all of its employees and students. This means an environment that is free from harassment and bullying and where the dignity of staff and students is respected. 4.5 The School can be held responsible for harassment of an employee and students by someone who doesn t work for them such as a customer or contractor if they know that they have been harassed twice before but fail to take reasonable steps to protect the employee from further harassment. This is known as third party harassment. 4.6 All staff, students and contractors have a duty to ensure the health and welfare of themselves and others by cooperating with the School s policies and procedures and acting in accordance with this Dignity at Work and Study policy. 5 Responsibilities 5.1 Staff and students All staff and students have a responsibility for their own behaviour and actions. Everyone has a responsibility to support the right of all individuals to dignity at work and study and to maintain an environment in which bullying and harassment is not tolerated. 5.2 Senior Managers Senior managers have a responsibility to ensure that staff and students are aware of this Dignity at Work and Study policy and their responsibilities. 5.3 Named Contact Persons Named Contacts Persons are staff with training/experience that enables them to address bullying and harassment problems. All discussions with staff and students will be confidential and no further action will be undertaken without the prior consent of the individual concerned. A Named Contact Person can advise you on a course of action or take the matter up on your behalf. 5.4 Managers Managers have a responsibility to treat any discussions with staff or students as confidential. When trying to resolve any complaint of bullying and harassment managers will seek to identify ways of dealing with issues through informal
4 mechanisms wherever possible. Managers may need to hold individual meetings with those potentially involved but will not bring the complainant and potential harasser or bully together face to face unless agreed by both parties, for example in a mediation process. 5.5 Student Advisor The Student Advisor can advise students on possible courses of action. All discussions will be confidential and no further action will be undertaken without the prior consent of the individual concerned. 5.6 Equality and Diversity Manager The Equality and Diversity Manager can advise staff on possible courses of action. All discussions with staff will be confidential and no further action will be undertaken without the prior consent of the individual concerned. Informal resolutions could include providing advice, coaching, mediation and counselling. 6 Guidelines for staff 6.1 If you feel you are being bullied or harassed you should talk it over with someone. You may in the first instance find it helpful to talk to a friend, a sympathetic colleague or trade union representative. Discussing your feelings at an early stage in this way may suggest a means of resolving the situation without taking the matter further in a formal manner. 6.2 Do not hesitate to contact someone, even when an incident occurs only once, if you are concerned about it. Any discussions will be confidential and further action involving you will not be taken without your express permission; in particular the person about whom you are complaining will not be given your name as a complainant without your express permission. 6.3 You should keep a diary of all incidents, for example, dates, times and any witnesses and your feeling about what has happened. Keep copies of anything that is relevant, for instance letters, memos, notes of any meetings. Bullying and harassment often reveal themselves through patterns of behaviour and frequency of incidents. 6.4 If you feel able to do so, you should make it clear to the person causing you offence that such behaviour is unacceptable to you. This, may in some cases, be sufficient to stop it. 6.5 If you feel unable to approach the person concerned, this does not imply you consent to the harassment or bullying nor will it prejudice any complaint you may wish to bring. You could consider writing to them to make it clear what it is you object to in their behaviour. Keep copies of this and any reply. Stick to the facts and be firm, not aggressive. Be prepared to describe what happened even if you find it embarrassing. 6.6 You may wish to approach any of the Named Contact Persons on the attached list, whose training/experience enables them properly to address problems relating to bullying and harassment and who are willing to discuss incidents or
5 problems however large or small. Any of the people mentioned can advise you on a course of action or take the matter up on your behalf. 6.7 If the harassment continues (or is of a more serious nature than can be dealt with by the means of the above) then you are advised to seek a confidential meeting with your line manager, or their Head of Department/Unit if they are the person you are complaining about. You may wish to be accompanied at such a meeting by a Named Contact, a friend, or a staff representative and this will be respected. The purpose of the meeting will be to discuss the nature of the problem and arrive, where possible, at a solution which is acceptable to all parties. 6.8 If the approaches listed above fail to solve the issue for you, then you can take out a grievance under the appropriate School procedure. However, you are encouraged to approach a Named Contact Person in the first instance. 7 Guidelines for students 7.1 If you feel you are being bullied or harassed you should talk it over with someone. You may in the first instance find it helpful to talk to a friend, or if you feel it is more appropriate, with a member of staff in your department. Discussing your feelings at an early stage in this way may suggest a means of resolving the situation without taking the matter further in a formal manner. 7.2 Do not hesitate to contact someone, even when an incident occurs only once, if you are concerned about it. Any discussions will be confidential and further action involving you will not be taken without your express permission; in particular the person about whom you are complaining will not be given your name as a complainant without your express permission. 7.3 You should keep a diary of all incidents, for example, dates, times and any witnesses and your feeling about what has happened. Keep copies of anything that is relevant, for instance letters, memos, notes of any meetings. Bullying and harassment often reveal themselves through patterns of behaviour and frequency of incidents. 7.4 If you feel able to do so, you should make it clear to the person causing you offence that such behaviour is unacceptable to you. This, may in some cases, be sufficient to stop it. If you feel unable to approach the person concerned, this does not imply you consent to the harassment or bullying nor will it prejudice any complaint you may wish to bring. 7.5 You may wish to approach any of the Named contact persons on the attached list, whose training/experience enables them properly to address problems relating to bullying and harassment and who are willing to discuss incidents or problems however large or small. Any of the people mentioned can advise you on a course of action or take the matter up on your behalf. 7.6 Alternatively you may seek a confidential meeting with the Student Advisor, or with your tutor or supervisor. If you wish, you may be accompanied at such an interview by a student or staff representative. The purpose of that meeting would be to discuss any incidents or problems, however serious or apparently insignificant
6 they may seem, to advise you on the courses of action available to you, or to take up the matter on your behalf. 7.7 If the bullying or harassment continues (or is of a more serious nature than can be dealt with by the means of the above) then you are strongly advised to seek a confidential interview with a Named Contact Person if you have not already done so. You may wish to be accompanied at such an interview by a friend; a student or a staff representative and this will be respected. The purpose of the interview will be to discuss the nature of the problem and arrive, where possible, at a solution which is acceptable to all parties. 7.8 If the problem has not been resolved by the means set out above then you or someone acting on your behalf may make a formal complaint in writing to a Head of Faculty/Division, which may lead to initiation of the appropriate disciplinary procedures. Accessibility If you require any document in an alternative format, for example, in larger print, please contact the Personnel & Payroll Office. HL Nov 2011
7 SOURCES OF HELP FOR STAFF AND STUDENTS WHO MAY HAVE EXPERIENCED BULLYING OR HARASSMENT You may seek help from anyone you know in the School. However both staff and students are encouraged to contact a Named Contact Person in the first instance. Other sources for staff within the School include: A representative of the School s recognised trade unions: UCU UNISON UNITE Equality and Diversity Manager The Head of Personnel, Payroll and Pensions The Deputy Head of Personnel, Payroll and Pensions Personnel Manager The Secretary and Registrar Heads of Faculty/Division Staff Counselling at the Gower Street Practice Other sources for students within the School: Student Advisor Student Counselling Service Student MSC course representative Research student representative SRC Executive Council members Taught Course Directors The Head of Registry Services Faculty Research Degrees Director Course Directors
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