Policy on unfair discrimination, harassment and bullying

The University's policy on unfair discrimination, harassment and bullying.

Definitions

The University of Wolverhampton believes that its staff and students should be treated with dignity, respect and fairness by all members of the University community: managers, other staff and other students.

Discrimination

Discrimination is unfair and unacceptable to the University (and potentially unlawful) where an individual is treated less favourably than other persons on grounds of sex, marital status, sexual orientation, race, colour or nationality, ethnic/national origin, age or disability.
 
Unlawful discrimination also applies where a requirement is applied to staff or students where, for instance, the proportion of women from these groups who can comply is considerably smaller than the proportion of men from these groups who can comply; or the proportion of those from a minority ethnic group who can comply is considerably smaller than the proportion from the majority racial group who can comply. In either cases it is unlawful discrimination where the requirement is unjustifiable and cannot be justified by particular circumstances and where being unable to comply with the particular requirement leads to a detriment for the individual concerned.

Harassment & Bullying

Harassment and bullying may be manifested in a variety of forms, all of which are offensive and unacceptable to the University of Wolverhampton whether the harassment or bullying is between students; between staff and student(s); between student(s) and staff; or between staff.
 
Harassment and bullying is deliberate and unpleasant behaviour which is not necessarily persistent. One of its effects is to make the victim feel uncomfortable, patronised, humiliated or threatened. It has also the effect of maintaining existing inequalities of power and opportunity. It results in:
  • making a job or study difficult to do;
  • creating an intimidating or hostile working or learning environment;
  • affecting the health or safety of individuals by causing stress;
  • endangering career and job prospects.
Sexual harassment, including that based on sexual orientation, includes sexist comments, ranging from derogatory remarks or mockery and jokes, to displays of sexually explicit material; it also comprises unwelcome sexual advances, unnecessary touching, demands for sexual favours and sexual assault.
 
Racial harassment includes derogatory name-calling , insults, racist jokes, racist graffiti and other written insults, bringing racist material such as posters, leaflets or magazines into the University of Wolverhampton or making threats against or physically intimidating a person or group because of colour or ethnicity.
 
Harassment against those with disabilities includes derogatory name-calling, insults and other actions which result in the individual feeling uncomfortable, patronised, humiliated or threatened.
 
Bullying is a form of harassment that includes belittling and destructive criticism, insults and isolation. It can include humiliating, undermining or patronising an individual in front of his/her colleagues. It may involve deliberately undervaluing an individual's work contribution and achievements. Bullying can extend to blocking attempts by an individual to complain about their treatment and can create an atmosphere of anxiety and fear.

Manager, Staff and Student Responsibilities

Managers and other staff can do much to discourage harassment and unfair discrimination and have a duty to prevent it taking place. For example some students may be offended by the use of certain types of language and staff have a responsibility to prevent such language being used in their classes and to prevent the flaunting of particularly offensive insignia or literature. Similarly, chairs of meetings should intervene if sexist or racist language or behaviour occurs. In particular those members of staff in positions of responsibility for students or for other staff should:
 
a) be aware of the problems that unfair discrimination, harassment and bullying can cause and as part of their normal responsibilities be alert to the possibility that it may be happening;
 
b) use their judgement in correcting standards of conduct or behaviour which could be seen as offensive and remind staff and students of the University's policy;
 
c) take prompt action to stop harassment or discrimination as soon as it is identified, whether it be interpersonal or in the form of written matter, including graffiti.
 
d) provide support to students or staff who feel they are being harassed.
 
Fellow staff and students can also contribute to preventing unfair discrimination, harassment or bulling by:
 
a) being aware of the problems which unfair discrimination, harassment and bullying can cause and by ensuring that their conduct does not contribute to an incident of such behaviour;
 
b) bringing to the attention of their colleagues that certain language, conduct or behaviour is causing concern or offence to either themselves or other students or staff;
 
c) providing support to colleagues who are being harassed or discriminated against.

Taking Action

Staff or students who consider that they have been subjected to unfair discrimination, harassment or bullying have the right to take up their complaint under the procedure described in the section below.
 
If complaints are initially submitted under the University's Complaints Procedure or Grievance Procedure but cover matters of discrimination, harassment or bullying, managers should deal with them under the procedure described below.
 
The Procedure for Dealing with Unfair Discrimination, Harassment or Bullying is linked to the staff Disciplinary Procedure in so far as if a complaint of unfair discrimination, harassment or bullying made against a member of staff is found to be justified, then the staff Disciplinary Procedure may be invoked by a Dean of School or Head of Department against the person whose behaviour has been complained about, following consultation with the Director of Personnel.
 
There may also be occasions on which, where a complaint of unfair discrimination, harassment or bullying made against a student is found to be justified, then disciplinary action may be taken against that student by the Vice-Chancellor or his/her nominee. In such circumstances, student disciplinary procedures will be followed.
 
Where an individual student or member of staff does not complain about behaviour which in the view of other witnesses constitutes unfair discrimination, harassment or bullying, disciplinary procedures may still be invoked by a Dean of School or Head of Department, following consultation with the Director of Personnel, even where the affected individual does not wish to pursue his/her complaint.

Procedure for Dealing with Unfair Discrimination, Harassment or Bullying

It must be stressed that all matters related to complaints of harassment or unfair discrimination and their subsequent investigations are treated in the strictest of confidence bearing in mind the reputation of both parties involved.

Allegations Against Members of Staff by Students

Stage One
Initial Action - Informal Conciliation: Students (either individually or as groups) who consider they have been subjected to unfair discrimination, harassment or bullying should, in the first instance, and if they feel they are able to, tell the person who has allegedly discriminated against them of their view or, in the case of harassment or bullying, ask the harasser to stop. This request can be made either orally or in writing, but it is sensible to keep a diary of events and collect evidence.
 
Stage Two
Initial Action - Accompanied Response: However, if students feel unable to approach the person concerned; or if they have done so but the issue of unfair discrimination, harassment or bullying has not been resolved; or further unfair discrimination, harassment or bullying has continued, further assistance is clearly needed. School-based "Sympathetic Listeners", who are academic staff with experience of hearing student personal concerns, are available to listen to student complaints and suggest avenues of action at this or the earlier stage of the Procedure. Student Union Officers or staff of the Equal Opportunities Unit have a role in pursing a case at the request of a complainant and could be asked for advice and support at this stage.
 
It may be appropriate for there to be an attempt at conciliation, as set out in Stage One, which additionally involves Students Union Officers or staff from the Equal Opportunities Unit . If this is not successful or if the matter is more serious, the case should be bought to the attention of senior staff, under Stage Three of this Procedure.
 
Stage Three
Senior Staff Action in Relation to a Complaint - Informal Stage: When complaints are brought to the attention of a senior manager (normally a Dean of School) either informally or by formal complaint, it is important that he or she deals with the matter immediately, thoroughly and fairly in respect of both parties. The initial emphasis should be placed where possible on conciliation. At this initial, informal stage the senior manager should meet with both parties, initially, at least, separately, in order to ascertain how both parties see the situation and whether the complaint has arisen from a misunderstanding, misinterpretation, ignorance, or insensitivity. If this is the case then a joint meeting, mediated by the senior manager, may resolve the issue satisfactorily.
 
The senior manager in meeting with those concerned should follow the guidance set out later in this Policy.
 
Students have the right to be accompanied by a Student Union Officer, staff of the Equal Opportunities Unit or a University-based colleague at any meeting with a senior manager.
A successful resolution of a complaint at Stages One , Two or Three is when the complainant feels that his/her complaint has been taken seriously, has been listened to, and he/she has accepted the outcome as a fair one. For example a misunderstanding may have been cleared up, or thoughtless behaviour stopped or a particular action taken or an explanation which is offered accepted as legitimate.
 
Complainants must be aware that once a complaint is made at this stage, the line manager involved is under a duty of care to initiate an investigation which will involve the complaint being made known to the alleged offender.
 
However, where the complainant does not consider that the matter has been dealt with adequately, he or she should pursue the matter under Stage Four.
 

Stage Four

Formal Action: If the matter is not resolved at the informal stages or where the Dean of School considers that informal conciliation has been ineffective or is likely to be ineffective, he/she should normally involve a senior member of staff from outside the School in an investigation. Such an investigation must be carried out in accordance with guidance set out later in this Policy.
 
The Dean of School should liaise with the Director of Personnel in establishing the investigation. The Dean of School will determine what response to make to the student complainant based on the report of the investigation. A complaint may ultimately be referred to the Vice-Chancellor to deal with in whatever way he/she considers appropriate.
 
Where the student complainant believes that his/her academic assessment has been affected by the behaviour about which he/she is complaining, he/she can request a second marking of an assessment or examination. Indeed, this right exists even where a student has not raised a complaint, even informally. Where, following such a second marking, the student is still dissatisfied, he/she should contact the Registrar for advice.
Where a Dean of School, following an investigation, believes that unfair discrimination, harassment or bullying may have had an impact on a student's assessment, then advice should be sought from the Registrar.

Allegations Against Members of Staff by Other Members of Staff

Stage One

Initial Action - Informal Conciliation: Staff (either individually or as groups) who consider they have been subjected to unfair discrimination, harassment or bullying should, in the first instance, and if they feel they are able to, tell the person who has allegedly discriminated against them of their view or, in the case of harassment or bullying, ask the harasser to stop. This request can be made either orally or in writing, but it is sensible to keep a diary of events and collect evidence.
 

Stage Two

Initial Action - Accompanied Response: However, if staff feel unable to make this request; or if they have done so but the issue of unfair discrimination, harassment or bullying has not been resolved; or further discrimination, harassment or bullying has continued, further assistance is clearly needed. Recognised Staff Union Representatives, staff of the Equal Opportunities Unit or staff within the University's Personnel Services Department all have a role in pursing a case at the request of a complainant and could be asked for advice and support at this stage.
 
It may be appropriate for there to be an attempt at conciliation, as set out in Stage One, which additionally involves Staff Union Representatives, Equal Opportunities Unit Staff or Personnel Services Staff. If this is not successful or if the matter is more serious, the case should be bought to the attention of senior staff, under Stage Three of this Procedure.
 

Stage Three

Senior Staff Action in Relation to a Complaint - Informal Stage: When complaints are brought to the attention of a senior manager (normally a Dean of School or Head of Department) either informally or by formal complaint, it is important that he or she deals with the matter immediately, thoroughly and fairly in respect of both parties. The initial emphasis should be placed where possible on conciliation. At this initial, informal stage the senior manager should meet with both parties, initially, at least, separately, in order to ascertain how both parties see the situation and whether the complaint has arisen from a misunderstanding, misinterpretation, ignorance, or insensitivity. If this is the case then a joint meeting, mediated by the senior manager, may resolve the issue satisfactorily.
The senior manager in meeting with those concerned should follow the guidance set out later in this Policy.
 
The member of staff has the right to be represented at this meeting by a Recognised Staff Union Representative, staff of the Equal Opportunities Unit, staff of the Personnel Services Department or a University-based colleague at any meeting with a senior manager.
A successful resolution of a complaint at Stages One , Two or Three is when the complainant feels that his/her complaint has been taken seriously, has been listened to, and he/she has accepted the outcome as a fair one. For example a misunderstanding may have been cleared up, or thoughtless behaviour stopped or a particular action taken or an explanation which is offered accepted as legitimate.
 
Complainants must be aware that once a complaint is made at this stage, the line manager involved is under a duty of care to initiate an investigation which will involve the complaint being made known to the alleged offender.
 
However, where the complainant does not consider that the matter has been dealt with adequately, he or she should pursue the matter under Stage Four.
 
Stage Four
Formal Action: If there is no satisfactory resolution of the complaint at Stages One, Two or Three, the member of staff may request that the complaint is dealt with formally. He/she should put this request in writing to the Dean of School or Head of Department stating clearly the nature of the complaint, the reasons why they are not satisfied with the approaches to resolve the issue so far and the redress which is sought.
 
The Dean of School or Head of Department, as soon as is practicable and in any case within fifteen working days of receiving the formal complaint, must arrange a formal meeting with the member of staff. The member of staff has the right to be represented at this meeting by a Recognised Staff Union Representative, staff of the Equal Opportunities Unit, staff of the Personnel Services Department or a University-based colleague at any meeting with a senior manager. The Dean of School or Head of Department will normally consult the Director of Personnel who may be invited by the Dean of School or Head of Department to attend or be represented at the meeting. The Dean of School/Head of Department may, following consultation with the Director of Personnel, request that someone from outside the School/Department carry out an investigation into the allegations prior to this meeting. Such an investigation must be carried out in accordance with guidance set out later in this Policy.
 
The report of the investigation should be made available to all parties to the formal meeting. It is important that the member of staff is alerted at the earliest opportunity of the timescale within which his/her complaint will be heard.
 
Notes of the formal meeting and of the decision of the Dean of School or Head of Department will be made by or for the Dean of School or Head of Department and a copy will be given to the member of staff as soon as practicable and in any case not later than ten working days after the meeting.
 
Deans of School or Heads of Department, in hearing such cases, should follow the guidelines set out later in this Policy.
 
Stage Five
Final Action: If the issue has not been resolved or the member of staff is dissatisfied with the decision given by the Dean of School or Head of Department, the member of staff may request that the Vice-Chancellor (or his/her representative) set up a panel of not more than three members, all of whom shall hold posts at the level of Dean of School or Head of Department or above, to consider the complaint at this stage. In establishing such a panel, the Vice-Chancellor (or his/her representative) should have regard to the gender and ethnic mix of the Panel in the context of the complaint being heard. The Vice-Chancellor (or his/her representative) will in such cases normally be one of the members of this panel.
 
The request for such a meeting should be made in writing and should state as clearly as possible the nature of the complaint, the redress sought and the reason for the dissatisfaction with the decisions given to the member of staff at the previous stages in these procedures. The request should be delivered to the Director of Personnel not later than fifteen working days after the decision of the Dean of School or Head of Department has been given in writing in accordance with Stage Four of these Procedures.
The Director of Personnel will take such action as appropriate in the particular circumstances to achieve a resolution of the issues by informal processes, including consultation with the relevant trade union or other representative of the member of staff.
The Director of Personnel will arrange a meeting between the member of staff concerned and the panel as soon as is practicable and in any case not later than fifteen working days after delivery of the formal request.
 
The Panel will give the member of staff a decision in writing as soon as is practicable and in any case not later than ten working days after the meeting. This decision will be final.
In dealing with complaints at the formal stage, Deans of School, Heads of Department, the Vice-Chancellor (or his/her designated representative) and Panel members must act in accordance with the guidelines set out later in this Policy.
 
The format of the hearings may be designed to fit the particular circumstances and, for example, it may be appropriate, at least initially, for the complainant to be interviewed separately from the member of staff who has been complained about. Nevertheless, complainants must have the rights to be accompanied, and to fully present their case, through witnesses as appropriate, and have the right for their complaint to be taken seriously and fully investigated.

Allegations Against Senior Managers

Where an allegation of unfair discrimination, harassment or bullying is by a student or member of staff against a Dean of School/Head of Department, then the Vice-Chancellor (or his/her designated representative) will deal with the matter, acting in the role of Dean of School/Head of Department as described in sections A and B, above. Where an allegation is made against the Vice-Chancellor or a member of the University Executive, this must be dealt with by the Board of Governors as they determine.

Allegations Against Students by Other Students

Where an allegation of unfair discrimination, harassment or bullying is made by one student against another student, and the allegation arises from behaviour on University premises or from behaviour directly related to the student's academic activities, the matter should be pursued in accordance with Section A of this Procedure.
 
Where the behaviour takes place on Student Union premises or involves an officer of the Students Union acting in his/her official capacity, the matter should be taken up under Student Union Harassment Procedures.

The Right of Complainants

It takes courage to make a complaint and the University undertakes to treat complaints seriously and sympathetically and to act promptly.
 
The University undertakes to make every effort to ensure that members of staff or students who make complaints of unfair discrimination, harassment or bullying will not subsequently be subject to victimisation. Any complaint about such victimisation should be brought direct to the attention of the Vice-Chancellor or the Director of Personnel.

Witnessing Unfair Discrimination, Harassment or Bullying

Witnesses of unfair discrimination, harassment or bullying can provide important help and support for the student or member of staff concerned, especially when the student or member of staff appears unwilling or unable to take action. There may be several steps:
  • The witness might speak informally to the student or member of staff to tell them what he/she has observed;
  • The witness might wish to discuss the incident and agree to make notes, respecting the privacy of the student or member of staff concerned;
  • The witness may encourage the student or member of staff to talk with a Staff Union Representative, a Student Union Officer, a Sympathetic Listener or the staff of the Equal Opportunities Unit or Personnel Services Department;
  • The witness should be prepared to give evidence of the unfair discrimination, harassment or bulling at either the informal or formal stages of the Procedure and has the right to complain of any subsequent victimisation direct to the Vice-Chancellor or Director of Personnel.

Guidelines on Dealing with Complainants

In general, Deans of School, Heads of Department and senior staff should follow these guidelines when dealing with such complaints:
 
a) they should ensure they are familiar with this Policy;
 
b) they should see the staff member or student as soon as possible;
 
c) they should go through the Procedures within this Policy with the staff member or student, explaining the steps to be taken;
 
d) they should listen carefully to the staff member or student and ensure that he/she is aware that the complaint is being take seriously;
 
e) they should tell the staff member or student that the nature of the complaint will have to be explained to the alleged offender and should ensure that the staff member or student is kept informed of the progress of such discussions;
 
f) they should give the alleged offender, as quickly as possible, details of the complaint and the opportunity to reply. He/she will have the opportunity to be represented by a University-based colleague or union representative or recognised Student Union official or a fellow student, or Equal Opportunities Unit member;
 
g) they should ensure that the events are fully documented and that all corroborative evidence has been taken in the shortest possible time. It is essential that the manager conducting the investigation should not prejudge. Both parties must be given the opportunity to present their case, and if necessary bring witnesses;
 
h) where the complaint is subject to a formal investigation the manager must inform both parties. In the case of alleged sexual harassment, each of them is entitled to request a senior staff member of the same sex to carry out the investigation. It is important in cases of racial harassment that an ethnic minority member of staff is involved in the investigation. Care must be taken to ensure the investigation does not cause unnecessary distress to either party.
 
i) managers should be aware of the disciplinary procedures available to them if this proves appropriate.
 
When dealing with such complaints, managers should be aware that their own conduct is important and should be aware of the following potential problems:
 
a) Managers or staff must be seen to be listening in an open way and must give credence to the complaint. They must not dismiss the complaint as fanciful or as an attack on the integrity and professionalism of staff.
 
b) The emotions of the complainant may appear to be out of proportion to the nature of the complaint. If this does appear so, remember that many black people, women and those with disabilities have been subject to discrimination or patronising treatment on many occasions. This action may just be the last straw and pent up anger explodes.
 
c) Occasionally Managers may find the level of anger expressed by a complainant or person complained against can significantly impede communication because it is threatening, abusive and/or provokes in them high levels of anxiety. It is suggested that the following steps may be helpful:
  • Managers must try to ensure that their tone or attitude is not inflaming the anger. Speaking in a level, pleasant tone of voice may ease the situation.
  • Managers must look at the person and acknowledge their feelings. This helps the development of understanding and may increase levels of trust (eg, I understand that this situation has made you very angry).
  • Managers must emphasise their wish to listen and must state any problems in understanding arguments put forward. They may have to tell the person they are talking too fast for them to understand, that they cannot follow what the complainant is saying or that they are unhappy about the extreme language.
  • Managers may be told that they are the wrong sex or colour to understand the complainant's point of view. Managers should accept this anxiety and acknowledge the difficulties one person may have in fully understanding another. Managers should emphasise their wish to resolve the problem in a positive and fair way and, if relevant, to prevent its recurrence.
  • If despite the above responses managers feel the situation does not improve they may wish to end the interview and ask the person to come back at a stated time. Should managers feel very threatened they may wish to leave the room themselves and reconvene the meeting at a later time.
Usually the complainant is helped by being listened to in an open way, having their feelings acknowledged, and clear boundaries placed on the situation.
 
d) Evidence may be presented in a rambling, unsequenced or incoherent manner. The emotions involved prevent people giving a calm and dispassionate account. Sometimes the complainant does not reveal actions on their part which contributed to the situation.
 
e) The evidence presented may seem thin and open to differing interpretations. Black people, women and those with disabilities learn to interpret certain types of behaviour based on their experience. If they have been given an inferior service, patronised or ignored over a lifetime then another example of such behaviour will be seen as racism or sexism or discrimination whether it is intended to be so or not. They may even mistrust the person to whom they are complaining and so find exploratory questions threatening. They may also be highly anxious about victimisation and need reassurance on more than one occasion.
 
f) The excuse that a remark or action was "just a joke", "only a lighthearted comment" is a common one but it is not acceptable. It is not the responsibility of the complainant to have to treat insensitivity as humour.
 
g) It is often time consuming collecting and checking evidence. Nevertheless it is important that this is done thoroughly and that the evidence is carefully recorded in writing.

Guidelines for Dealing with Those Complained Against

Many of the principles of managerial conduct and approval also apply in dealing with those who are being complained against.
 
The person against whom a complaint is made may feel frightened or threatened, even that their job is at risk. Extreme defensiveness may follow and this does not help investigations and conciliation. Calmness and detached listening may help to reduce agitation, acknowledge their feelings if possible and set out the reality of the situation for them if necessary.
 
It is sometimes difficult to deal with the defensive response of the individual complained against. Many resort to attack as the best means of defence. Outrage, hurt and incredulity are also common responses. While acknowledging these feelings managers should be aware that offence can be given unknowingly and emphasise that the aim of the investigation is to establish a good working environment, not to concentrate on punishing or blaming at this stage.
 
It is on occasions difficult to distinguish between grossly insensitive behaviour and sexism and racism. People who are insensitive often refuse to reflect on their own behaviour and continue with a bullying/hectoring style during conciliation attempts. In order to achieve a satisfactory outcome it becomes necessary to help such a person to understand the consequences of their own behaviour and accept that the complainant's perspective has a legitimacy.
 
In some cases, the individual who is the subject of a complaint may be totally unaware of the impact of his/her behaviour or actions and may genuinely be distressed at the complaint. He/she should be asked to reflect on his/her behaviour and the possibility that he/she might be at fault, whether consciously or not.
 
He/she should be reminded that any enquiry will be dealt with discretely and impartially, but that unfair discrimination, harassment or bullying are taken very seriously by the University.
 
Those who believe they have been unfairly complained of may seek advice from work colleagues, their trade union representative or staff from the Personnel Services Department.

Investigations

In identifying someone from another School or Department to carry out an investigation, a Dean of School/Head of Department should consult with the Director of Personnel and should have regard to the gender and ethnicity of the investigator in the context of the matter being investigated.
 
Members of staff requested to carry out investigations into alleged conduct on behalf of a Dean of School/Head of Department should be aware of the guidelines set out in this policy.
 
Their responsibility is not to reach conclusions; but rather to assess the evidence, speak with those involved separately; speak with witnesses, take statements and prepare a report for the Dean of School/Head of Department.