BULLYING AND HARASSMENT: A UNIVERSITY PERSPECTIVE

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1 BULLYING AND HARASSMENT: A UNIVERSITY PERSPECTIVE

2 What is Bullying? intimidating persistent malicious insulting Bullying is persistent unacceptable, offensive, intimidating, malicious, insulting or humiliating behaviour. It can be the abuse or misuse of power which attempts to undermine, humiliate, denigrate or injure an individual. unacceptable offensive humiliating abuse or misuse of power undermining It is not the intention of the harasser, but the conduct itself and the impact on the recipient(s) that determine what constitutes bullying and harassment.

3 What is Harassment? humiliating unwanted conduct violating an individual s dignity related to a relevant protected characteristic 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. hostile offensive intimidating degrading

4 Protected Characteristics Under the Equality Act 2010 protected characteristics are: 1. age 2. disability 3. gender reassignment 4. marriage and civil partnership 5. pregnancy and maternity 6. race 7. religion or belief 8. sex 9. sexual orientation Harassment applies to all protected characteristics except for pregnancy & maternity (where any unfavourable treatment may be considered discrimination) and marriage & civil partnership.

5 What Else is Covered? Harassment also covers complaints of behaviour found offensive by an individual even if it is not directed at them, and a complainant need not possess the relevant characteristic themselves. For example, a member of staff find comments they overhear being made to a disabled colleague offensive, even though they are not disabled themself. Harassment by association or perception An individual can be harassed on the grounds that he or she is related to, or associates with, someone with a relevant protected characteristic. Individuals may also be subject to harassment on the grounds of a mistaken perception that they have or do not have a protected characteristic. Victimisation occurs when a person is treated less favourably because they have asserted their rights under this policy. This also applies to those who have acted as witnesses or supporters of individuals complaining of bullying or harassment.

6 What Might Bullying Look Like? Behaviour that is considered bullying by one person may not seem so to another. The examples given are illustrative: Intimidation and aggression Violent gestures or actual physical violence Disparaging comments or remarks Exclusion or victimisation Unfair treatment Overbearing supervision or other misuse of power

7 What Might Harassment Look Like? Harassment can occur on the basis of any personal attribute that makes the individual different from the majority, or from the person who harasses him/her. The examples given are illustrative: Sexual, unwanted touching, unwelcome sexual advances Racial, derogatory name-calling, insults, reference to skin colour Disability, not recognising competencies, drawing attention to disability or personal appearance Ageist, denigrating competencies, patronising, ridiculing Sexual Orientation, homophobic jokes or remarks, displaying or circulating homophobic materials Religion or Belief, not supporting religious requirements such as prayer spreading malicious rumours, or insulting someone ridiculing or demeaning someone exclusion unfair treatment overbearing supervision or other misuse of power or position unwelcome sexual advances touching, standing too close, display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected making threats or comments about job security or academic achievement without foundation deliberately undermining a competent worker by overloading and constant criticism. Gender Reassignment, ridiculing dress and personal appearance

8 What is University Policy? The University is committed to equality of opportunity and will not tolerate harassment and/or bullying of one individual or group in the University community by another. A breach of the policy and procedure may result in disciplinary action leading to dismissal or expulsion from the University. In addition individuals who harass or bully may be subject to criminal and/or civil proceedings. This policy applies to all University students, staff, visitors, contractors and anyone acting or working on behalf of the University.

9 What is the Process Informal Formal

10 Why Do We Need to Address it? Higher morale and improved student and staff experience Happier staff and students are more productive - not just those immediately affected by bullying or harassment issues, but the whole workgroup Improved service delivery If staff and students are treated fairly and well, they are far more likely to behave in a positive way towards other colleagues, students and members of the public Reduced absence levels, particularly stress related Bullying and harassment are likely to lead to stress related illnesses. Effectively tackling these issues is likely to improve sickness absence rates. Higher retention rates Research indicates that approximately 50% of staff who are targets of bullying and harassment leave the organisation rather than using internal procedures to resolve the situation. Tacking bullying and harassment improves the student and staff experience, meaning high retention rates.

11 What Do I Do if I m Being Bullied? Complaints are often resolved at an informal level, which is the preferable route for most parties and most situations. Wherever possible you should discuss the problem with the alleged harasser this should involve giving examples of the unacceptable behaviour and agreeing how behaviour will change in the future. It may be appropriate for another person to be present. It is a good idea to keep a diary of the instances of harassment or bullying - note the date, time and place of the incident, exactly what was said or done, the context it was said or done, how it made you feel and what action was taken (if any). The names of any witnesses should be noted and relevant documents retained. Access support available

12 What Do I Do if I m Accused of Bullying? Listen to the allegations. Be prepared to acknowledge that your behaviour may have caused offence. An apology or assurance that the behaviour will not be repeated may be all that is needed to deal with the situation. Access support available.

13 What Do I Do if a Staff Member I Manage Complains of Bullying? Managers must take reasonable steps to prevent harassment whether or not a complaint has been made this means challenging inappropriate behaviour. Any discussions should be confidential and no further action taken without the awareness of the complainant. If the matter is very serious, you must inform them of the need to investigate further. The failure of managers to investigate a complaint or to follow agreed procedures may be regarded by the University as a failure to take reasonable steps to prevent harassment or bullying. This not only undermines the spirit of this policy, but may potentially be unlawful. You have a legal obligation to eliminate harassment or bullying of which you are or should be aware of. Simply saying that you were not aware is not an excuse. Check perceptions - an apology or assurance that the behaviour will not be repeated may be all that is needed to deal with the situation. Informal resolutions should be explored to ascertain what the difficulties are. You could consider: A facilitated meeting with both parties to discuss the matter openly or; Speak to both parties individually. If they wish to submit a written complaint this must be addressed to the Director of Human Resources.

14 What Do I Do if a Student Complains of Bullying? If a student approaches you to report bullying and harassment: - Listen - Remind them that they should, wherever possible, attempt informal complaints resolution: have they raised the problem with the alleged harasser? Have they approached a Listening Ear or their tutor / lecturer for support in addressing the issue? Have they kept a diary of the instances of harassment? - Any discussions should be confidential and no further action taken without the awareness of the complainant. If the matter is very serious, you must inform them of the need to investigate further. If they wish to submit a written complaint this must be addressed to the Director of the Office of Student Affairs.

15 Things to remember The University has a duty of care for its staff and students. It is not the intention of the harasser, but the conduct itself and the impact on the recipient that determines what constitutes bullying and harassment. Most people will agree on extreme cases of bullying and harassment but it is sometimes the grey areas that cause most problems. Individuals can complain about behaviour found offensive even if it is not directed at them, or harassment by association or perception. Staff and students should familiarise themselves with examples of unacceptable behaviour in the University (See slides 2, 3, 6 & 7)

16 Support Available Staff and Staff Students Students Listening Ears Line Manager Students Union Advice Services University Counsellor Trade Union Representative Tutor University Complaints Officer

17 Useful Contacts Listening Ears Students Union Advice Services Policy and Procedure: Trade Union information: Complete a referral form here: www2.gre.ac.uk/currentstudents/support/counselling/appointment University Counsellor (by Appointment Only)