Dignity at Work and Study

Everyone should be treated with dignity and respect at work and study. In accordance with the Equal Opportunities Code of Practice, the Race Equality Policy, the Sexual Orientation Policy the Age Policy, and the RAE Code of Practice and the Gender and Disability Equality Schemes, Swansea University is committed to providing a working and learning environment which will enable staff and students to fulfil their personal potential. The University accepts that such an environment cannot be created or sustained if individually or collectively staff and students are subject to harassment of any kind.

The aim of this policy is to assist in developing and encouraging a working and learning environment and culture in which harassment and bullying is known to be unacceptable and where individuals have the confidence to deal with harassment without fear of ridicule or reprisals. This policy aims to ensure that if harassment or bullying does occur, adequate procedures are readily available to deal with the problem and prevent it recurring.

All students and members of staff at Swansea University have a personal and legal responsibility not to harass or bully others.

Harassment in any form will not be tolerated. Incidents of harassment will be regarded extremely seriously and can be grounds for disciplinary action which may include dismissal or expulsion. However, recipients of harassment should remember that sometimes distress is caused inadvertently and the person responsible may be unaware of the effect of their behaviour. In such cases, disciplinary action against the perpetrator may not necessarily be appropriate.

Working within an educational environment there are occasions where academic staff will need to discuss with students, material that is deeply offensive. In this instance the University recognises that there are legitimate educational needs to display and discuss such material.

Any member of staff or any student may initiate the procedures under this policy where they consider that they are being subjected to harassment or bullying by a member of staff or a student.

The standard definition for harassment is unwanted conduct on the grounds of race, gender, sexual orientation etc. which has the purpose or effect of either violating the claimant's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

The following are some examples of specific types of harassment, but it should be noted that this policy applies to all forms of harassment.

2.1. Bullying

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. Examples of bullying could be:

• Abuse of power or authority;
• Verbal, written and/or physical intimidation e.g. threats, derisory remarks;
• Persistent unjustified criticism;
• Public humiliation;
• The setting of impossible deadlines or intolerable workload burdens;
• Having responsibilities or decision-making powers withdrawn without good reason or explanation;
• Unwarranted exclusions.

Vigorous speech and comment, academic debate and legitimate management of the performance of staff or students can be distinguished from bullying behaviour. However, care should be taken to ensure that neither staff nor students are made to feel intimidated.

2.2  Sexual Harassment

Sexual harassment may be homosexual or heterosexual. It may be defined as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that creates an intimidating, hostile, degrading or offensive environment. It may include:

• Physical contact;
• Invasion of personal space;
• Suggestive remarks or sounds;
• Unwanted comments on dress and appearance;
• Jokes of a sexual nature;
• Display of sexually offensive material;
• Inappropriate downloading of pornographic or sexually exploitive and degrading material by computer;
• Verbal threats.

It is important to remember that sexual harassment can occur of women by men, men by women, and also between members of the same sex. It can also refer to unwanted conduct that is related to the sex of the other person.

2.3  Racial Harassment

Racial harassment is any behaviour, deliberate or otherwise pertaining to race, colour, nationality - including citizenship, or ethnic or national origins, which is directed at an individual or group and which is found to be offensive or objectionable to recipients and which creates an intimidating, hostile or offensive environment. Such behaviour may include:

• Derogatory name calling;
• Insults and racist jokes;
• Display of racially offensive material and abusive language;
• Exclusion from normal workplace conversation or activities;
• Unfair allocation of work;
• Verbal threats;
• Physical attack;
• Incitement of others to commit any such acts.

2.4  Harassment on Grounds of Sexual Orientation

This act of harassment is any behaviour deliberate or otherwise, pertaining to sexual orientation. Homophobia is a term used to describe hatred and rejection of gays, lesbians and homosexuality. It may be directed against individuals or groups of people who are, or are thought to be lesbian, gay, bisexual or transgendered and is behaviour which can be defined as unwanted conduct violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. Examples may include:

• Offensive jokes;
• Ridicule;
• Verbal threats;
• Derogatory comments;
• Intrusive questioning about a person’s domestic circumstances;
• Innuendo;
• Gossip;
• Physical attack;
• Unfair allocation of work;
• Exclusion from normal work place/class conversation or activities;
• Incitement of others to commit any such acts.

2.5  Harassment on Grounds of Religion

Religious Harassment is any behaviour deliberate or otherwise, pertaining to religion, religious belief or other similar philosophical belief and it is behaviour which can be defined as unwanted conduct violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. Examples can include: 

• Offensive jokes;
• Ridicule;
• Display of offensive material.

2.6  Political Harassment, or Harassment on the Grounds of Trade Union Membership

Political harassment, or harassment on the grounds of trade union membership can include:

• Offensive jokes;
• Ridicule;
• Display of offensive material.

2.7  Harassment on the Grounds of Disability

Harassment may be based on the fact that a person has a physical or mental impairment, learning difficulty or disfigurement. This can include:

• Offensive or patronising language;
• Offensive or patronising action or behaviour;
• Jokes or inappropriate comments;
• Questions which cause offence to the individual or group of individuals concerned;
• Display of offensive material.

2.8  Harassment on the Grounds of Age

Ageism can affect anybody regardless of how old they are. Harassment on the grounds of age may include:

• Assumptions regarding the individual's inability to learn;
• Offensive remarks;
• Exclusion on the basis of age.

2.9  Harassment on the Grounds of Gender Re-assignment

Harassment on the grounds of gender re-assignment is prohibited by the Sex Discrimination Act 1975 as amended. Examples include:

• Suggestive remarks or sounds;
• Unwanted comments on dress and appearance;
• Verbal threats.

2.10 Harassment via the Medium of E-mail

The University Computing Regulations state that “…the University staff and student e-mail lists are intended for University topics only. All messages sent to the list should show tolerance and respect to all potential recipients. It should be noted that offensive remarks and material could constitute harassment”. Information on “e-mail etiquette” can be found at Appendix 3.

3.1  Informal Procedures

All students have the right to ask any member of the University, both students and staff, to stop behaving in a manner that is insulting or offensive to them. It is understandable however that not everyone will feel confident enough to do this and also that there are some circumstances where this is inappropriate. Students can (depending on the circumstances of each case) take action by using either the informal and/or formal procedures outlined below.

There is a strong expectation that the informal procedures will be used in the vast majority of cases and only rarely, and in the most serious of cases, may the informal procedures be avoided. There are 3 stages to the informal procedure as outlined below.

If a student thinks they are being harassed, they should keep a record of the incident(s) in order to recall what has been happening.

Stage 1: In the first instance, the student being harassed should make it clear as soon as possible to the person causing offence, that their behaviour is unacceptable to them, if possible and appropriate to do so. A significant number of concerns can be resolved at this stage.

If the complainant feels unable to speak to the person causing offence, they could ask a sympathetic colleague/friend (who is a member of Swansea University) or a Students' Union representative, to go with them to speak to the person concerned or to go in their place.

Where the complainant does not consider that it is appropriate or possible for them to raise their concern with the alleged harasser, or their complaint remains unresolved thereafter, they should contact a harassment adviser (in accordance with Stage 2 below).

Stage 2: The complainant can contact one of the University's trained harassment advisers in Appendix 1 to this policy, all of whom will be willing to discuss incidents, however large or small they seem. At this stage, they will listen sympathetically to the student’s problem and not make any judgement. Once the problem has been identified, the harassment adviser will be able to outline any appropriate actions. Any discussion will be confidential and further action would not be taken without the express permission of the complainant. (The exception to this is where a criminal act takes place and the University has a legal responsibility to take appropriate action).

Stage 3: The Harassment & Whistleblowing Advisor together with the complainant will implement the option(s) decided upon under Stage 2. For example, it could be agreed that the Harassment & Whistleblowing Advisor will email the alleged harasser outlining the complaint or will meet with the alleged harasser (with or without the complainant) to try to facilitate a resolution. Any explanation, apology or other response (verbally, by email or in writing) offered by the alleged harasser should be passed back to the complainant by the harassment adviser. The ideal outcome is that problems are resolved, although this does not mean that there will be a punishment.

If following the initial action outlined above, the harassment continues, or is of a more serious nature than can be dealt with by means of the above, a formal written complaint can be made in accordance with the Formal Procedures [outlined below at 4.]. The University’s harassment advisers should be contacted for advice about these procedures.

4.1

If the matter cannot be resolved under the informal procedures (at 3.1 above), or where a complaint is of a more serious nature, then a formal written complaint may be made [containing the information listed at paragraph 4.3 below] to the Director of Education Services.

The Director of Education Services (or nominee) will refer the complaint to the appropriate Executive Dean (or their nominee) to investigate. Where appropriate in the circumstances of the case, assistance will be provided to the Executive Dean/nominee from Education Services and/or Human Resources. Unless mediation is attempted, the Executive Dean/nominee shall report in writing on the outcome of their investigation to the Director of Education Services and shall notify the complainant in writing as to whether the complaint has been found to be substantiated and (unless the need to maintain confidentiality prevails) the findings made. Where the outcome of the report recommends that disciplinary action may be required, the Director of Education Services shall:

• Where the complaint is regarding another student – refer the report to be dealt with by a member of Education Services in accordance with the University’s Student Disciplinary Procedures;
  or
• Where the complaint is against a member of staff – refer the report to the Director of Human Resources to be dealt with in accordance with the Staff Discipline Procedures (details of which can be obtained from Human Resources).

4.2

Upon receipt of a written complaint the Executive Dean/nominee will (unless mediation is attempted in accordance with paragraph 4.5 below) seek the complainant’s authority to disclose a copy of the written complaint to the student or member of staff against whom the complaint is made so that they may state their case and respond.

It will not be possible to pursue any complaint through the formal procedures where the complainant does not permit the nominee to disclose a copy of their written complaint to the alleged harasser, except through mediation (in accordance with paragraph 4.5 below).

4.3 

The written complaint should be a factual account of the incident stating:

• The nature of the allegation;
• What has occurred;
• Who was involved;
• When events took place (if possible to include dates and times);
• If there were any witnesses to the event/s (and if so, their names and contact details if known);
• The remedy sought.

4.4 

The complainant is strongly advised to seek a confidential meeting with one of the University's harassment advisers mentioned in Appendix 1 before making a formal complaint. The complainant may be accompanied at such a meeting by a colleague/friend (who is a member of Swansea University) or a Students' Union representative. The purpose of the meeting will be to discuss the nature of the problem, suggest solutions and/or give advice on appropriate actions.

4.5

Following receipt of a written complaint the Executive Dean/nominee may, at their discretion and upon the agreement of both parties and the Director of Education Services (where the complaint is against a student) or the Director of Human Resources (where the complaint is against a member of staff), refer the complainant and alleged harasser to mediation. In such circumstances, the Formal Procedures will be put on hold (and the nominee will take no further action) whilst the mediation takes place and a copy of the written complaint will only be disclosed to the alleged harasser with the mediator’s prior agreement.

If the grievance is resolved through mediation, the mediator will assist the parties to draft a written agreement that will be signed by both parties as acceptance of its terms.

In the event that no mutually acceptable solution is reached through the mediation process, the Executive Dean/nominee will process the complaint under the Formal Procedures after having received from the complainant by a prescribed deadline written permission to do so.

4.6

Anonymous complaints can only be pursued in general terms and are less likely to bring about the desired change in behaviour.

4.7 

Complainants will not suffer any disadvantage or recrimination as the result of making a complaint in good faith. Only if a complaint is judged to have been made frivolously, vexatiously or with malice, could disciplinary issues arise in relation to the complainant.

4.8

Complainants who are dissatisfied with the outcome of the investigation into their complaint (i.e. the outcome determined in accordance with 4.1 above) may request a final review of the decision in writing using a Final Review Application form to the Director of Education Services within 14 working days of the date of the letter to them confirming the decision.

For information on how to request a final review and the applicable grounds of review please see Swansea University’s Review Procedures.

5.1

All students and staff have a personal and legal responsibility not to harass or bully others, both on and off campus. If behaviour of this nature does occur, students are encouraged to make this known by raising a complaint.

5.2

How will you know if you are accused of harassment?

• You may find that someone tells you that they are offended or upset by certain aspects of your behaviour and they will ask you to stop behaving towards them in a particular manner. All students have been informed that they have a right to ask any student or member of staff to stop behaving in a manner which is insulting or offensive to them.
• Not every one will feel confident to do this and also there are some circumstances where this is inappropriate. You may find that you are being approached by a colleague or friend or harassment adviser on behalf of the individual, or you may be approached by the individual and their colleague or friend or harassment adviser. This can often be as stressful for the individual who is accused of harassment as for the individual making the complaint. If a problem is identified, the different stages of the procedure allow for problems to be dealt with either informally or formally depending on the circumstances of each case.

5.3

All harassment advisers can advise you of sources of support such as Students' Union representatives, University counsellors etc. Using these support networks will not be interpreted as an indication of guilt or any admission on your part, they are intended to help you deal with any allegations made against you.

5.4

As an alleged harasser, you will have the opportunity to be represented by a colleague/friend (who is a member of Swansea University) or a Students' Union representative) or (if you are a member of staff) a Union representative where this is relevant at the appropriate stage of the procedure. If formal procedures are instigated by the complainant, you will also be given a written account of the allegation so that you may state your case and respond.

• The University recognises that it has a duty to protect its employees and students from malicious or frivolous complaints and as such, appropriate action may be taken when it can be demonstrated that a complaint is made on a deliberately frivolous, vexatious or malicious basis.
• You will be advised of the procedure to be followed if a formal complaint is to be made. The formal procedure is set out at 4 above.

Whether you are being harassed or are facing accusations of harassment, the following counselling facilities are available to you free of charge.

Student Facilities

Wellbeing Services provide personal counselling to any student who has problems. The counselling is provided mainly through one to one contact. The counsellors are professionally qualified and work to the British Association for Counselling and Psychotherapy Code of Practice. The Service is open between 8.30 am and 4.30 pm Monday to Friday.

They can be contacted on 01792 295592 or 01792 295942 (FAX) or by email to: wellbeing. The Service website contains useful information (including links to other websites) and can be found at http://www.swansea.ac.uk/wellbeing/.

Third party harassment can occur if a member of the University complains of harassment by a person who is not a member of staff or student of the University. They could for example, be customers, visitors, or relatives of staff or students etc. As individuals who are not students or employees of the University are not subject to discipline under the University's internal processes, the complainant will be advised to seek advice and assistance from appropriate bodies (such as the police and/or solicitors) in relation to other mechanisms such as "The Protection From Harassment Act 1997". All complaints of this nature should in the first instance be directed towards one of the University's harassment advisers who will then advise and support accordingly.

NOTHING IN THIS CODE WILL PREVENT STUDENTS EXERCISING THEIR LEGAL RIGHTS.

In line with the University’s Equal Opportunities Code of Practice and the Race Equality Policy Statement, the University confirms its commitment to a comprehensive policy of equal opportunity where individuals are treated on the basis of their relevant merits and abilities and are given equal opportunities within the University. By monitoring information related to all harassment complaints, we will be able to identify if we are offering equality of treatment to all. By analysing the data we will be able to identify where we are falling short of this ideal and then concentrate on finding solutions and making changes. All information gathered will be in an anonymised format. The forms to be used for monitoring purposes can be found at the appendices of the full policy. Any information provided will be released to other bodies such as the University’s Equal Opportunities Committee and the Higher Education Statistical Agency only in an anonymised statistical format.

Anyone who feels that they have been subjected to any form of harassment or has witnessed a form of harassment occurring is urged to complete and return the appropriate reporting/monitoring form which can be found below at Appendix II to this policy.

Whilst there is no formal requirement to complete this form, where it is completed and returned, the information will be used for monitoring only and will help us create an accurate picture of harassment within the University and allow action to be taken to address the problem.

9.1

Education Services shall report to the Regulations, Quality and Standards Committee statistical information relating to formal complaints initiated under this Policy on an annual basis. It shall be the responsibility of the Regulations, Quality and Standards Committee to monitor the data and make recommendations to Academic Boards or Faculties/Schools as appropriate.

9.2

It shall also be the responsibility of the Regulations, Quality and Standards Committee to review this Policy and its effectiveness and make recommendations for changes, where appropriate, to be considered by Senate.

Appendix 1 - Harassment & Whistleblowing Advisors

Harassment & Whistleblowing Advisor List

Appendix 2 - Reporting/Monitoring Form

This form is designed to provide data on the number of harassment incidents that occur within Swansea University. It is important that all forms of harassment are reported as this will enable us to identify if any particular groups are more at risk of harassment than others. This information will also help us monitor if our policies and procedures are working effectively or of they are of detriment to any minority groups.

Please complete this form if you feel that you have been a victim of harassment, or if you have been a witness to what you feel has been an incident. The information gathered from the form will not be able to identify you as an individual and all given information will be treated with strict confidentiality.

Whilst reports of this nature are not likely to bring about any material changes to specific cases, they are important to help construct a realistic picture of the extent to which harassment occurs in the organisation. Should you wish to take the incident further please contact any one of the harassment advisers listed at Appendix 1, who will advise you accordingly.

Please ensure that the completed form is sealed in an envelope marked “Private and Confidential” and is sent to: The Equal Opportunities Officer, Human Resources, Singleton Abbey, Singleton Park, Swansea.

Appendix 2 - Harassment & Whistleblowing Reporting Form

Appendix 3 - Email Etiquette

When using email please adopt these simple points of good practice:

• Be polite, adhere to the same standards as you would when writing a letter. Swear-words must not be used, even if you might use such words in conversation with the person to whom you are sending the email.
• Use humour with care, not everyone will appreciate it and without voice inflection and body language, email messages can be easily misinterpreted.
• Always consider that it is very difficult to convey tone of voice, irony or sarcasm via email and that it is therefore much easier to offend people.
• Always consider whether email is the most appropriate medium for the message you wish to deliver. Some communications are best dealt with in person or over the telephone, especially to those of a sensitive or potentially confrontational nature.
• Never say anything that you would not say to the recipients face.
• Do not use capital letters out of context. Words that are all in capitals are CONSIDERED TO BE SHOUTED, and as such regarded as being rude.
• Do not use underlining for emphasis. In any web based communication, underlying signifies a hyperlink and should not be used for any other purpose.