Combating discrimination in any form involves an undertaking to eliminate personal harassment and bullying on any grounds, especially those relating to race, gender, disability, age, religion or sexual orientation.
This Code of Practice is designed to support that undertaking by identifying the nature of harassment and the approved procedures for dealing with it. This Code complements existing Grievance and Disciplinary Procedures for staff and for students. It is not intended to undermine or confuse these procedures. It is, however, intended to complement them and help create a climate of mutual understanding and respect within which personal harassment and bullying is eliminated.
This Code offers guidelines on how to acknowledge and challenge personal harassment, bullying, harassment against people with disabilities and racist, sexist and homophobic behaviour wherever it occurs. It proposes and emphasises lines of action that are aimed at conciliation; but it is recognised that Grievance and/or Disciplinary Procedures may need to be invoked and the stage at which this may be necessary is suggested.
The Code aims to create a supportive environment free of harassment, where discussions about sexist, racist and other forms of unacceptable behaviour can take place and where all members of the School consider it their responsibility to acknowledge and challenge such behaviour.
This Code of Practice applies to all members of the School community, including full or part-time students and teaching, administrative, and facilities staff. It is designed to enable students and staff to be free to pursue their professional and academic activities without any kind of overt or covert harassment on any grounds. The Code seeks to ensure that maximum support is made available to the subject of any alleged harassment and that action to resolve any complaint is tactful, sensitive, sympathetic and prompt.
Although conciliation remains a preferred outcome, all the forms of harassment mentioned here may lead to disciplinary action. Harassment may be a series of ongoing incidents or a one-off incident.
4.1 Personal Harassment may take the form of any unsolicited or unwelcome, hostile or offensive act, expression or derogatory statement, or incitement to commit such behaviour, when:
a) such behaviour has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating a stressful, intimidating or hostile environment which undermines the integrity and dignity of the individual;
b) such behaviour focuses on those characteristics of individuals or groups of people which may already affect their capacity to make full use of the social and educational opportunities available to them (e.g. disabilities and learning difficulties, disadvantages derived from tradition, prejudice, stereotyping or under-privilege).
Teasing, ridiculing and bullying are harassing behaviours and cause unnecessary distress to staff and students.
4.2 Harassment of people with disabilities or learning difficulties is one form of personal harassment. It may include:
a) the expression of prejudice, intolerance and/or deliberate misinformation related to a disability or learning difficulty;
b) the deliberate attempt to make access difficult, or the unnecessary denial of opportunity for access to learning situations, employment promotion or successful assessment on grounds related to disability or learning difficulty;
c) the abuse of trust and power or the abuse of the especially close personal/dependent relationship which may occur.
4.3 Racial Harassment is unlawful. It is one form of personal harassment that is defined as "any hostile or offensive act or expression by a person of one racial group against a person of another racial group or incitement to commit such an act, or utter such an expression, motivated by racial dislike or hatred" (Race Relations Act 1976). An individual who has suffered racial harassment has the right of legal redress under the Act. Racial Harassment may include:
a) the expression of racial prejudice and intolerance or deliberate misinformation on racial and/or ethnic distinctions;
b) the deliberate attempt to make access difficult, or the unnecessary denial of opportunity for access to learning situations, employment, promotion or successful assessment on racial, religious or ethnic grounds;
c) the expression of racial prejudice through remarks, graffiti, slogans and the distribution of racist literature;
d) wearing badges or insignia belonging to political organisations known to promote racial or religious prejudice and/or intolerance.
4.4 Sexual Harassment is an unlawful form of Sex Discrimination. It can constitute a breach of the Sex Discrimination Act (1975 and 1986). An individual who has suffered sexual harassment has the right of legal redress under this Act.
Sexual Harassment is a form of personal harassment that is defined as any sexual advance, sexually discriminatory remark, sexually explicit derogatory statement, request for sexual favours, comment, gesture, facial expression or physical contact of a sexual nature when, for example:
a) submission to such conduct is made explicitly or implicitly a term or condition of any decision related to the individual's employment, academic assessment or promotion;
b) submission to or rejection of such conduct by an individual is used as the basis for any decision related to employment, academic assessment or promotion for that individual;
c) such conduct creates a stressful, intimidating or unpleasant working or studying environment.
4.5 Homophobic harassment is one form of personal harassment. It may include:
a) the expression of prejudice, intolerance or deliberate misinformation related to the sexual orientation of any School member or visitor;
b) the deliberate attempt or the unnecessary denial of opportunity for access to education, training, employment, promotion or successful assessment on grounds relating to sexual orientation;
c) the expression of homophobic prejudice by remarks, graffiti, slogans or the distribution of literature.
4.6 Bullying is a form of personal harassment, which will be dealt with under these procedures.
Any member of the School who receives a complaint about harassment or bullying should take action in appropriate ways by referring the complaint to:
Each case requires individual consideration.
It is essential that the complaint is dealt with as a matter of urgency and that the complainant is informed of the progress and the outcome of their complaint.
The Principal will only be involved if the initial complaint warrants immediate or executive action because of:
a) the seriousness of the incident;
b) the seniority of the person alleged to be the harasser; or
c) the timing of the incident or its reporting.
S/he will also act when incidents are reported directly to her/him.
If, as a result of discussion with the complainant, the contact person and the complainant resolve the problem, the contact person will note that the matter has been resolved and report accordingly to the Principal.
The objectives of this Code are to put an end to harassment/bullying at an early stage and to protect complainants and alleged harassers/bullies from victimisation or other retaliatory action.
There are several actions which can be taken once a complaint has been made:
Either party may bring a friend as an observer, if so desired. If necessary, an interpreter will be found. However, it is important that the interpreter understands the absolute confidentiality of the proceedings and can be trusted not to repeat anything said in the meeting.
In most cases, it is expected that a clear indication that the behaviour is not acceptable will prove sufficient. There should be a commitment to change. However, in some cases it may be necessary to ask a student to leave the school, or if a member of staff is involved, to invoke the school disciplinary procedure (‘Formal Procedures’).
A record of the outline of the incident and the outcome should be noted and reported, in confidence, to the Principal.
If the outcome of this meeting, or any subsequent meeting designed to resolve the problem informally, is not acceptable to either of the parties or the convenor, then the complaint should become a formal complaint, to be dealt with in accordance with current Disciplinary or Grievance Procedures for Staff or for Students
Where immediate or executive action is required due to the severity or timing of the incident, of its reporting, or of its effects, or to a senior member of staff being involved, then management will invoke Formal Procedures without undue delay.
If the complainant reports that the behaviour has not stopped, the Principal may advise as to the most appropriate ways to proceed. If further attempts at conciliation are appropriate, they should be arranged as a matter of urgency. If not, then either the Disciplinary Procedures for students or staff or the Grievance Procedures should be invoked at this stage. In the first instance, this is the responsibility of those identified in the Procedures.
All members of the School have a responsibility to be aware of the difficulties that arise from any oppressive response to differences between people and to implement this Code of Practice, but staff have particular responsibilities to ensure its effective implementation.
a) Teaching staff have a particular responsibility to be aware of the power structures and tensions that occur particularly where there is an imbalance of gender, race or other minority groups within a class, or where individual differences are sufficiently marked to make tensions likely. They should be prepared to respond if these tensions increase.
b) Remarks or inferences on the part of teacher or other staff of the School that serve to identify the personal, racial, physical or other characteristics of another individual, or are so directed to have a similar effect on people other than that individual, are unacceptable, even if they were intended to be friendly and/or humorous.
c) All staff should monitor their teaching and/or their language to eliminate sexism, racism or other prejudices affecting minority groups or people with disabilities or learning difficulties.
d) Any form of sexual advance or request in teaching, tutorial or supervision is unprofessional and unlawful.
e) Staff should be aware of the possible discomfort caused to students by inappropriate and unwanted close physical contact or touching. Unwanted or uninvited contact with intimate body areas or the unwanted or uninvited expression of desire for such contact will be deemed a serious breach of School discipline.
f) All staff should ensure they deal sympathetically and promptly with any complaint and that they know who to contact should a complaint be made to them.
Trust and confidence are very important elements of the relationship between staff and students, whether this is in the classroom, workshop, personal tutorial, or at social gatherings.
In order to protect these elements, staff are advised to avoid sexual/romantic relationships, especially with students they are teaching. Such relationships may also damage the integrity of the staff member and the reputation of the School. If a sexual/romantic relationship does occur, the member of staff involved must immediately report this to their line manager. Steps will be taken to ensure the teacher no longer teaches that student, providing this does not disadvantage the student. This is to protect both staff and student from accusations of favouritism.