Harassment Policy and Procedures for staff

• 1. Policy statement
• 2. Definition of harassment
  • 2.1 Examples of unacceptable behaviour under this policy
• 3. Responsibilities
• 4. Harassment advisers
• 5. Guidelines for members of staff
• 6. Procedures for dealing with complaints
  • 6.1 Informal procedure
  • 6.2 Formal procedure
• 7. Harassment involving a student
• 8. Review

1. Policy statement

The University of Glasgow is committed to a working and learning environment which is free from harassment, including discrimination, victimisation and bullying, and in which dignity of the individual is paramount. The most significant single factor in addressing harassment is a top-down commitment to a culture where bullying and other forms of harassment are institutionally unacceptable.

Harassment of any kind is harmful to members of staff and can seriously damage working and social conditions for staff and can be a substantial cost to the University in terms of absenteeism, poor performance, lack of commitment and motivation and ultimately resignation from his/her employment. It can also lead to illness and accidents at work.

Allegations of harassment will be taken seriously by the University. If substantiated, they may be considered as prima facie grounds for initiating disciplinary proceedings, and may give rise to dismissal. All members of staff are responsible for helping to ensure that individuals do not suffer any form of harassment. Any member of staff who suffers from harassment will have the total support of the University's management in putting a stop to it.

The making of malicious, vexatious or spurious allegations may give rise to action under the Disciplinary Procedures for the appropriate category of staff.

The University as an employer is directly liable, by statute, for certain acts of unlawful discrimination by its members of staff whether or not the employer is aware of or approved of the action. This policy is in keeping with the current relevant legislation, and replaces all previous policies dealing with harassment, either sexual or racial. It expands on the previous areas covered to include harassment, discrimination, victimisation and bullying. It is now possible for individuals to seek legal remedies for persistent acts of harassment, bullying or victimisation, either racial, sexual or of another nature.

2. Definition of Harassment

There is not, and probably cannot be, a single simple definition. This is because harassment takes many forms, occurs on a variety of grounds and may be directed at an individual or group of individuals. It is not the intention of the harasser but the conduct itself and the impact on the recipient which determine what constitutes harassment. The impact of harassment can result in the recipient feeling discomfort or humiliation or may adversely affect the recipient's job performance, undermine job security or prospects or create a threatening or intimidating work environment. It can also provoke aggressive, retaliatory attitudes and actions. Certain behaviour will be, by its nature or severity unwelcome even on a single occasion.

Social interaction in the workplace involving mutually acceptable behaviour should be distinguished from harassment. However, it should be borne in mind that what is initially acceptable to some may be offensive to others.

2.1 Examples of unacceptable behaviour under this policy

This list is neither exclusive nor exhaustive and other forms of behaviour may be regarded as harassment, discrimination, victimisation or bullying.

Sexual Harassment

• physical conduct ranging from the invasion of personal space and/or inappropriate touching to serious assault
• verbal, written and e-mail harassment through derogatory remarks, jokes, insults, offensive language, gossip and slander
• sexually suggestive and unwelcome comments or derogatory remarks including any regarding the sexual orientation or preference of an individual
• unwanted requests or pressure for sexual favours
• unjustifiable exclusion, e.g. withholding information, not talking to, not including in discussions or meetings, or exclusion from social occasions
• sexual graffiti or displays of pornographic or degrading pictures or objects in the University environment including pornographic displays on computer screens
• intrusion by pestering, spying, following, stalking, etc.
• unfair allocation of work and responsibilities
• incitement to commit any of the above

Racial Harassment

• physical conduct ranging from the invasion of personal space and/or inappropriate touching to serious assault
• verbal, written and e-mail harassment through derogatory remarks, jokes, insults, offensive language, gossip and slander
• displays of racially suggestive or degrading pictures, graffiti or object in the workplace
• unjustifiable exclusion, e.g. withholding information, not talking to, not including in discussions or meetings, or exclusion from social occasions
• intrusion by pestering, spying following, stalking, etc.
• unfair allocation of work and responsibilities
• incitement to commit any of the above

Bullying and Intimidation

• physical conduct ranging from the invasion of personal space and/or inappropriate touching to serious assault
• verbal, written and e-mail harassment through derogatory remarks, jokes, insults, offensive language, gossip and slander
• open aggression, threats, shouting, unpredictable outbursts
• deliberately setting objectives with unreasonable deadlines or changing objectives unfairly
• belittling, marginalising or ridiculing; taking credit for someone else's work but never taking the blame if something goes wrong
• frequent unjustifiable criticism about minor things
• frequent unjustifiable monitoring of someone's work
• twisting something someone says or does
• threatening disciplinary or other action deliberately to intimidate
• unjustifiable exclusion, e.g. withholding information, not talking to, not including in discussions or meetings, or exclusion from social occasions
• intrusion by pestering, spying, following, stalking, etc.
• unfair allocation of work and responsibilities
• inappropriate or derogatory remarks in connection with performance, particularly in front of other staff
• incitement to commit any of the above

3. Responsibilities

Every member of staff has a responsibility to ensure colleagues are treated with dignity and respect. Any act of harassment, discrimination, victimisation or bullying may be prima facie grounds for disciplinary proceedings which may give rise to dismissal.

It is the responsibility of the appropriate Head of Department, in consultation with the appropriate Human Resources Manager, after being advised of an alleged incident, to investigate fairly, in confidence and without prejudice, the details of such a complaint. (If the complaint is against a Head of Department, the person who will conduct the investigation will be the next more senior person in the line management structure.)

The Director of the Human Resources Department and the Equal Opportunities Officer are responsible for ensuring the implementation of these procedures.

4. Harassment advisers

Harassment Advisers have been appointed to provide members of staff with advice and assistance. An Adviser can be contacted at any stage of informal or formal procedures. The names and locations of advisers are listed at the end of this procedure together with telephone numbers where they can be contacted on a confidential basis. The Adviser will provide support to assist with the informal resolution of the problem. The Adviser can also provide support during formal procedures but will not conduct formal investigations.

For a list of Volunteer Harassment Advisers at the University of Glasgow please see the section at the bottom of this webpage:

• Volunteer Harassment Advisers

5. Guidelines for members of staff

Differences of attitude or culture and the misinterpretation of social signs can mean that what is perceived as harassment by one person may not seem so to another. The defining features, however, are that the behaviour is unwanted by the recipient. Certain types of harassment may constitute a criminal offence.

Embarrassment, fear of intimidation or publicity, or difficulty in defining what constitutes harassment should not deter anyone from complaining about the behaviour of others which causes them distress. Retaliation against or victimisation of a member of staff for making a complaint is a disciplinary offence.

The University will respect the particular sensitivity of harassment complaints and their consequences and the need for confidentiality. As a general principle, confidentiality will be agreed and maintained wherever possible. There may be situations where confidentiality has to be broken, and this will be made clear to the complainant. For example, if a complainant tells a Harassment Adviser in confidence something that constitutes an unacceptable risk to the complainant, another person or to the Institution itself, the Adviser will have to take action. The decision as to whether a complaint should be progressed normally rests with the complainant, but action may have to be taken against their wishes to address an unacceptable risk.

If the complainant wishes to remain anonymous it may not be possible to take any action. It may, however, be possible to address an anonymous complaint through indirect methods such as publicising the harassment policy and through training initiatives.

Once the alleged harasser has been made aware of the complaint, he/she must be given the right to respond. He/she has the right to be accompanied to any meeting by a colleague or a trade union representative.

Generally it is good to keep notes of the details of the alleged incidents, including dates, times, witnesses, etc.

A member of staff who brings a complaint in good faith, or assists in an investigation shall be protected from any form of victimisation regardless of the outcome.

Malicious allegations will be subject to the Disciplinary Procedures for the appropriate category of staff.

The Head of Department or his/her nominee may approach the appropriate Human Resources Manager for advice and support at any stage.

6. Procedures for dealing with complaints

All complaints of harassment will be addressed speedily and if possible, within the informal arrangements. This is likely to produce solutions which are effective and minimise embarrassment and the risk of breaching confidentiality. However there may be circumstances in which recourse to the formal stages of the relevant Formal Procedure is more appropriate (see 6.2).

6.1 Informal procedure

Where instances of harassment or bullying occur the member of staff may wish to do the following.

i) He/she may wish to speak or write to the alleged harasser and explain that his/her conduct is unwelcome, offensive and interfering with work. He/she should be polite but firm and advise the member of staff that his/her conduct is unacceptable, unwanted, and is also in breach of the harassment policy which the University considers to be a serious matter. A record of the discussion, and copies of any correspondence, should be kept by the member of staff in the event that follow-up action becomes necessary.

ii) If the member of staff finds this too difficult or embarrassing he/she may ask his/her line manager/supervisor, a colleague, trade union representative or a Harassment Adviser to accompany him/her, or to speak to the alleged harasser on his/her behalf.

iii) If the outcome in paragraphs (i) and/or (ii) fails to produce a resolution or if the member of staff finds either of the above options unacceptable he/she or his/her nominee may raise the issue with the alleged harasser's Head of Department *. The member of staff may ask his/her line manager/supervisor, a colleague, trade union representative or a Harassment Adviser to accompany him/her. On receipt of the complaint the appropriate Head of Department will meet with the alleged harasser informally to discuss the allegation. The complainant will be advised of what action has been taken.

* In the case of alleged harassment of a member of staff by a student, the issue should be raised with the Dean of the Faculty in which the student is matriculated.

6.2 Formal procedure

Though some cases of harassment may be resolved by direct approach to the alleged harasser (in accordance with the Informal Procedure (para 6.1 above) some cases will inevitably be incapable of resolution within the informal process. Those cases which are incapable of successful resolution within the informal process, or are too serious to consider resolution by means of the informal process will be referred to the appropriate level of line management for further investigation. Such cases will then fall within the ambit of the University's formal grievance/complaints and/or disciplinary procedures (presently under review).

Possible Outcomes

• Possible outcomes of formal procedures include:-
• resolution, eg conciliation
• oral, written, or final written warning
• dismissal
• counselling for the alleged harasser and/or complainant
• moving the alleged harasser or the complainant to a different location *
• confirmation of the alleged harasser's innocence
• no further action

* It is normal practice to move a proven harasser rather than the complainant - if it is necessary to move the complainant for sound business reasons, this should only be done with the complainant's agreement, as a forcible move could constitute further harassment.

7. Harassment involving a student

When a complaint of harassment is raised by a member of staff and the alleged harasser is a student of the University, the matter shall be raised, in the first instance, in accordance with the informal procedure set out in para 6.1 above.

Those cases which are incapable of successful resolution within the informal process, or are too serious to consider resolution by means of the informal process will be referred to the Dean of the Faculty in which the student is matriculated for further investigation. If a prima facie case for disciplinary action is established then the Senate Code of Discipline will be invoked.

8. Review

The policy and procedures will be subject to ongoing review. 

Human Resources Department
June 1999

Volunteer Harassment Advisers

Harassment Advisers’ Co-ordinator – Helen Border, Equality and Diversity Unit,

Email: H.Border@admin.gla.ac.uk or Tel: 0141-330-1887.