College Policies
Bullying and Harassment

Other Policies

1.

Policy Statement
  1.1 The College is committed to creating a working and studying environment that is free of harassment and which protects the dignity of all students and staff. Harassment is offensive and prejudicial to a productive working and studying environment. It is indicative of a lack of respect for the person harassed, undermines his or her position and may have a negative impact upon health, job performance, course work, examinations and sense of personal security.
 
  1.2 The College regards sexual, racial and personal harassment as most serious matters; it is dedicated to upholding the principles of the Protection from Harassment Act (1997). Observance of this policy is a condition of service for all members of staff and is required of students. Formal complaints will be investigated and thorough investigation will protect those who complain and those who are the subject of complaint. In cases where the complaint is substantiated, the individual responsible may be subject to action under the appropriate disciplinary procedure. At all times the principles of natural justice will apply. Natural justice entitles all parties to a fair hearing and guarantees that a senior member of the College staff will make the judgements as to whether an act of harassment has occurred and its seriousness.
 
  1.3 The College will take steps to ensure that those individuals with responsibility for dealing with matters raised under the provisions of this policy receive appropriate guidance and training as to the nature and potential consequence of sexual, racial and personal harassment.
 

2.

Definition of Personal Harassment
 
  2.1 Personal harassment takes many forms. It is uninvited and unwanted actions that cause offence and / or embarrassment, fear, stress or tension. It can be an isolated act such as a comment or a wilful gesture, or it can take the form of repeated behaviour against a person.
 
  2.2 Outlined below are some examples of personal harassment. Some, if occurring only once, may cause only mild irritation but if repeated become harassing. Other examples are clearly harassment even if they occur only once. All of them are inappropriate if staff or students are to have equality of opportunity. The defining features are that behaviour is offensive or intimidating to the recipient and would be regarded as harassment by any reasonable person.
   
   
  (a) Sexual Harassment Sexual harassment is a form of discriminationoutlawed by the Sex Discrimination Act (1975). For the purposes of College Policy, it is defined as unwanted verbal or physical advances, sexually explicit statementsthat have the effect of creating an intimidating environment. Examples might include: · lewd comments about physical appearance · persistent verbal or physical advances of a sexual nature · the transmission of offensive materials or statements via electronic means or through the post · images which are sexually explicit in nature that may be deemed offensive · offensive graffiti · obscene language · unwanted physical contact · offensive jokes or pranks of a sexual nature Furthermore, harassment of persons on grounds of their actual or perceived sexual orientation will constitute sexual harassment.
   
  (b) Racial Harassment Racial harassment is a form of discrimination outlawed by the Race Relations Act (1976). For the purpose of College policy, it is defined as conduct which is intended to cause, or has the effect of causing, physical or emotional harm or mental distress to a person for reasons of racial, ethnic, religious or national origins or for reasons of colour. Examples might include: · insensitive jokes or pranks of a racial, ethnic, religious or national nature · racist graffiti · racially abusive language · offensive images or racist propaganda · offensive comments about physical racial characteristics or lifestyle · the transmission of racially offensive materials or statements via electronic means or through the post · attempts to promote or entrench racist attitudes through the recruitment of students or staff to overtly racist organisations and groups Harassment of a person on the grounds of their association with a person(s) who belongs to a racial, minority ethnic or religious group will also constitute racial harassment.
   
  (c) Bullying Bullying is offensive behaviour that humiliates or undermines an individual or group. Bullying can be carried out by an individual or group of individuals. It frequently involves a person in a position of authority bullying a person who is in a more junior position. Bullying is typically unpredictable, irrational and sometimes unseen by others. Examples might include: · being shouted at · being reprimanded in front of others · repeated statements to an individual or third parties which demean his / her professional status and performance · repeated gibes in reference to personal traits or appearances, invasion of privacy, or practical jokes causing physical or psychological distress · persistent pressure to become involved in anti-social or unlawful behaviour.
   
  (d) Other Forms of Harassment · behaviour which makes direct or indirect reference to disability or impairment and this causes discomfort, patronises, insults or offends people with a physical, sensory or mental disability · extortion or stalking · any behaviour which the recipient considers to be harassing or bullying When an alleged case of harassment appears to constitute a criminal act, the aggrieved individual will be advised to contact, with College support, the appropriate agency, e.g. police.
 

3.

Victimisation
 
  Victimisation is when the person who has made a complaint of harassment is treated less favourably than would otherwise be the case. The College will not tolerate any incidents of victimisation arising from either:
 
  (i) making an allegation of personal harassment; or
 
  (ii) having been accused of harassment Victimisation may be dealt with as a disciplinary issue.
 

4.

Malicious or Vexatious Complaints
 
  Any complainant found to be making malicious or vexatious complaints could be subject to disciplinary action.
 

5.

Criminal Offences
 
  Where an alleged case of harassment appears to constitute a criminal act, the aggrieved individual will be advised to report the matter to the police.
 

6.

Freedom of Expression
   
  Whilst it is recognised that the College must provide for freedom of expression, it is essential that a working and learning environment be maintained which is not intimidating. Education requires the communication of the views and / or beliefs of others and, therefore, it is important that the context of such communication is made quite clear.
 

7.

Procedure for Dealing with Harassment
 
  General Advice
 
  7.1 Anyone experiencing harassment should not wait until matters become intolerable. Sometimes the harasser may not realise that his / her behaviour is unwanted or unacceptable and in such cases the misunderstandings can be resolved quickly.
 
  7.2 It is helpful to make a note of the time, place and nature of any specific incidents and attempts to discuss them. This will provide useful information in following these procedures.
 
  7.3 As a general principle, confidentiality will be preserved and no action will normally be taken without the consent of the complainant.
 
  Individual Action
 
  7.4 If possible, the individual experiencing harassment should state clearly to the person concerned that his / her behaviour is unacceptable and should cease. In some circumstances the individual might prefer to write a letter to the person concerned that should be dated and signed, and a copy kept.
 
  7.5 If the individual does not feel able to talk or write to the person concerned or if the harassment does not stop, he or she should raise the matter with someone in an official position who could help resolve the matter informally. Students would normally contact a member of staff such as their Personal or Senior Tutor. Staff would normally contact a senior colleague.
 
  Formal Procedure
 
  7.6 Where it has not proved possible to resolve the matter through informal means, or where the aggrieved individual feels that the harassment is so serious that immediate action is necessary, the matter should be referred, normally by the complainant, to the Vice / Assistant Principal responsible for Student and Staff Welfare (or delegated alternate), who will pursue the issue according to the College’s Disciplinary Procedures.
 
8. Confidentiality
 
  8.1 Confidentiality of any statements taken during these procedures will be used only for the purposes of the investigation and for any disciplinary action that might follow. However, if legal proceedings ensue, the College may be obliged to disclose such statements at that stage.
 
Note      
 
This policy was first published on 31 May 2002.

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