Anti-Harassment Policy

Transcription

1 Anti-Harassment Policy 1.0 Policy Statement Sandwell Homes believes in equality and will not tolerate any form of harassment, discrimination or intimidation. This Anti - Harassment Policy confirms Sandwell Homes commitment to deal with all incidents involving its tenants and residents promptly and positively, ensuring that they are able to live in any part of Sandwell free from harassment, intimidation and victimisation. 2.0 Scope 2.1 This policy supports the Councils Equality Policy and Sandwell Homes Equality and Diversity Policy. It defines how Sandwell Homes will deal with reported incidents of harassment. 2.2 It is not within the scope of this policy to deal with: General anti-social behaviour or domestic abuse; these will be dealt with through the Council s Anti-Social Behaviour Policy and the multiagency, Domestic Violence Strategy. Harassment and / or discrimination involving employees; this is addressed through other equality policies and procedures: e.g. Code of Conduct for Employees; Disciplinary Rules & Procedure; Respect & Dignity at Work Policy & Procedure Actions against perpetrators of harassment; this is addressed through the Council s Anti-Social Behaviour Policy. Incidents of harassment where both the victim and alleged perpetrator are not council tenants; these will be dealt with by the Council s Anti- Social Behaviour Team. 2.3 Sandwell Homes and the Council condemn all forms of harassment and will use all available powers and resources to deal effectively with perpetrators of harassment, as well as providing on-going support to victims of harassment. Produced by Kashmir Randhawa July 2007 Page 1

2 2.4 The Council s tenancy agreement prohibits acts of discrimination, intimidation or harassment on grounds of: colour, race, ethnic or national origin, gender, sexual orientation, age, physical or mental disability or religious belief. Action for breach of tenancy by any tenant or persons for whom they are responsible, can lead to eviction or other enforcement action. 2.5 Sandwell Homes will not pre-judge alleged perpetrators prior to the investigation, however, actual or potential perpetrators will be made aware of their actions. 3.0 Definition 3.1 Harassment is unwarranted, unwelcome and uninvited behaviour, which is intimidating, humiliating, degrading, offensive or distressing to the recipient. 3.2 Harassment can consist of acts of intimidation against a person because of their race / ethnicity, sexual orientation, gender, age, religion / belief or disability (there may be other reasons). For more detailed definitions, of the various forms of harassment please refer to Definitions section at the end of this document. 3.3 Sandwell Homes recognises that harassment affects the well- being of a person and can result in: Isolation Humiliation and feeling ridiculed Low self-esteem and confidence Depression and / or other symptoms of ill health Inability to cope with day-to-day activities Anxiety and stress 3.4 General examples of harassment may include: Verbal abuse or taunting Leering or insulting gestures Ignoring or freezing out Embarrassing comments Intrusion or pestering, stalking, spying etc. Graffiti Damage to home or personal property Display or circulation of offensive materials Intrusive or persistent questioning Unwanted telephone calls and text messages Produced by Kashmir Randhawa July 2007 Page 2

3 3.5 Hate crime is a severe form of harassment and will not be tolerated by Sandwell Homes. In the case where such activity is prevalent, direct and immediate action will be taken. For a more detailed definition of hate crime please refer to 1a (1.7) in Definitions section at the end of this document. 3.6 Sandwell Homes acknowledges current legislation relating to harassment. For a more detailed explanation of legal definitions please refer to the appropriate section at the end of this document. 4.0 Principles 4.1 Sandwell Homes operates a zero-tolerance policy with regards to harassment. We will encourage victims and witnesses to report all incidents of harassment by publicising and promoting our polices and procedures, ensuring that the reporting of harassment is more accessible and by offering appropriate support, whether this be solely or in collaboration with appropriate external agencies. 4.2 All reports of incidents of harassment will be accurately recorded, investigated and monitored in accordance with existing service standards and procedures. 4.3 A quarterly report will be taken to the Sandwell Homes Executive Management Team or nominated committee, with details of cases reported, final outcomes, geographical location and financial implications. This report and the decisions made will be shared with all relevant stakeholders so that any actions deemed necessary, can be instigated. 4.4 Sandwell Homes will take a victim centred approach when responding to cases of harassment and adopt the following principle: A harassment incident is any incident, which is perceived to be harassment by the victim or any other person. 4.5 Sandwell Homes will ensure that employees are made aware and trained to identify the needs of victims and witnesses of harassment, so that they can provide a responsive and effective service whilst respecting the need for sensitivity and confidentiality. 4.6 Actual or potential perpetrators will be made aware of the consequences of their actions. 4.7 Sandwell Homes will provide advice and assistance to victims of harassment and offer appropriate support. Produced by Kashmir Randhawa July 2007 Page 3

4 4.8 Where there is evidence of harassment, appropriate action will be taken, taking into account the nature and severity of the incident and the options available, including working with the Police and other relevant agencies. The full range of civil legal remedies will be considered including injunctions, anti-social behaviour orders, demoting tenancies (change of council tenancy from secure to non-secure) and possession proceedings. 4.9 In cases where the safety and well being of the victim(s) is at risk, Sandwell Homes will offer alternative accommodation, temporary or permanent depending on circumstances Sandwell Homes will actively work with other agencies to combat all forms of harassment Sandwell Homes is committed to ensuring that its Anti-Harassment Policy and procedures are open and transparent and will continually monitor and review its effectiveness This Anti-Harassment Policy has been developed through consultation with Sandwell MBC and a range of community groups / agencies, to ensure the diverse community of Sandwell receives representation. Policy produced: July 2007 By: Kashmir Randhawa Project Officer Sandwell Homes Limited Sandwell Road West Bromwich B70 8TB Tel: kashmir_randhawa@sandwellhomes.org.uk To be reviewed: 2009 If you have any comments, concerns or suggestions to improve this policy, please let us know. Produced by Kashmir Randhawa July 2007 Page 4

5 Definitions 1.0 Racial Harassment Sandwell Homes has acknowledged and adopted the definition of a racist incident from the Macpherson Report: A racist incident is any incident which is perceived to be racist by the victim or any other person Sandwell Homes has acknowledged and adopted the new statutory definition of racial harassment defined by the Race Regulations, which makes harassment on grounds of race or ethnic or national origin a separate, unlawful act. This will occur when: a person (A) subjects another person (B) to unwanted conduct on grounds of race or ethnic or national origin that has the purpose or effect of: Violating B s dignity; or Creating an intimidating hostile, degrading, humiliating or offensive environment for B Deliberately pronouncing a persons name wrongly. Mimicking the way a person talks- i.e., if they have an accent. Negative remarks about people of your race or culture that would make you and other people of your race feel uncomfortable. A person is treated differently because of his / her cultural appearance; e.g. the way they dress. 1.1 Sexual Harassment Sandwell Homes acknowledges and accepts the definition of sexual harassment under the Sex Discrimination Act, which highlights two forms of unlawful sexual harassment: Unwanted conduct on the grounds of sex Unwanted physical, verbal or non-verbal conduct of a sexual nature Under the Sex Discrimination Act 1975, sexual harassment can occur either directly or indirectly. Incidents involving touching and other physical threats are criminal offences and will be reported to the police. Produced by Kashmir Randhawa July 2007 Page 5

6 Spreading rumours about a person s sexuality. Intrusive sexually explicit questions and / or remarks. Frequent jokes about sexual acts. Frequent jokes about males / females. 1.2 Gender Harassment Gender harassment is a form of sexual harassment and is covered by the Sex Discrimination Act, which includes the Gender Equality Duty. Generally, victims are subjected to repeated negative comments, jokes and innuendoes directed at a person(s) because of their gender. It is harassment on the grounds that an individual intends to undergo, is undergoing or has undergone gender re-assignment. Gender reassignment is the medical and social process where by an individual changes their birth sex to match their chosen gender identity. Language or physical conduct, which demeans another person because of his / her gender. Abusive or threatening behaviour directed at a person on the basis of his / her gender. A trans person is excluded from social activities at work. A transvestite is continuously asked intrusive questions or is the target of jokes / inuendos. A person, who has gone through gender reassignment to become a woman, is still referred to as a man and vice-versa. 1.3 Age Harassment Harassment is unlawful whether it is on grounds of your actual age or your apparent age or even the age of the people you associate with. Harassment can be on grounds that you are within an age range, for example, that you are in your 20s, 30s or 40s etc. The contributions / suggestions of a person are disregarded because of his / her age. Derogatory, unjustifiable, age-related remarks. Produced by Kashmir Randhawa July 2007 Page 6

7 1.4 Religious Harassment Religious harassment is the term used to describe ridicule or denigration of an individual due to their faith, religious practices or beliefs. It can be both verbal and non-verbal. Sandwell Homes acknowledges the existence of legislation, which prohibits religious harassment. A person is denied the right to practice their faith while other people freely practice theirs. A person is treated differently because of his / her religious appearance i.e., wearing a hijaab / turban. 1.5 Disability Harassment Harassment on the grounds of actual disability or relating to disability is unlawful. This can be verbal or physical conduct related to disability, affecting the dignity or well being of an individual. It is any conduct the person finds offensive causing him / her to feel threatened, bullied, humiliated, intimidated or insecure. Humiliating comments or actions about a person s physical disability, such as insults. Overbearing or abusive behaviour towards others with intellectual disabilities. Continually taunting or belittling a person with any non-physical disability by mocking and / or intimidating him / her. 1.6 It is this behaviour and the affect it has on the recipient, that determines what constitutes harassment, not the intention of the perpetrator. 1.7 Hate Crime Hate crime is a severe form of harassment, which goes beyond causing offence or hostility. Hate crime is a criminal offence committed against a person or property, that is motivated by a person s hatred of someone because of their: Race, colour, ethnicity, nationality or national origins. Religion. Gender or gender identity. Produced by Kashmir Randhawa July 2007 Page 7

8 Sexual orientation. Disability. Age. Hate crime is any incident, which is perceived by the victim or any other person as being motivated by prejudice or hate. Sandwell Homes will not tolerate any form of hate crime and will work with other agencies to take action against the perpetrator(s) and provide support to the victim(s). Institutional Vandalism: A Jewish community centre is vandalised with swastikas painted on the building. Intimidation / Malicious Harassment: A young man is verbally and / or physically assaulted / threatened because of his skin colour. Interference with the Right to Fair Housing: A black family has a cross-burned on their lawn Produced by Kashmir Randhawa July 2007 Page 8

9 Legal definitions 1.0 In law, harassment is defined as: unwanted conduct which has the purpose or effect of: a. Violating dignity; or b. Creating an intimidating, hostile, degrading, humiliating or offensive environment 1.1 The legal framework for dealing with harassment is contained within the following legislation: Protection from Harassment Act 1997 The Race Relations Act 1976 (Amendment Act 2000) The Sex Discrimination Act 1975 The Disability Discrimination Act 1995 (Amendment of the Regulations 2003) Crime and Disorder Act 1998 Anti-Social Behaviour Act 2003 Housing Act 1996 Housing Act 2004 Gypsies and Travellers The Gender Equality Duty Human Rights Act 1998 Immigration and Asylum Act 1999 Sex Discrimination (Gender Reassignment) Regulations 1999 Disability Right Commission Act 2000 The Gender Recognition Act 2004 Public Order Act 1986 (incitement to religious hatred) Crime and Disorder Act 1998 (racially aggravated offences) Anti-Terrorism, Crime and Security Act 2001 (religiously aggravated offences) The Employment Equality (Age) Regulations 2006 Produced by Kashmir Randhawa July 2007 Page 9