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Duty of Respect and Right to Dignity

UCC POLICY STATEMENT

University College Cork affirms the right of all staff and students to work and study in an environment free from harassment and bullying.

INTRODUCTION

  1. Harassment and bullying create an unpleasant and ineffective working and learning environment. They can destroy the self-esteem and health of staff members and students.  It is in everyone's interests to prevent and combat this behaviour. In addition to being a violation of University policy, many forms of harassment and bullying in the workplace are unlawful.
  2. This policy statement applies to all areas of University operations and programmes. It applies to the conduct of all University students and staff members, with respect to conduct that arises out of their employment or studies at UCC, as well as to the conduct of all vendors, contractors, sub-contractors and others associated with the University. The procedure set out in this document is a staff procedure, for use as set out in paragraph 16.
  3. Particular responsibility is incumbent upon heads of departments, centres and units, managers and supervisors to ensure that they and staff members reporting to them are aware of their responsibilities under this policy and, further, that every effort is made to eliminate any harassment or bullying of which they are aware amongst their staff and students (using any of the UCC resources provided for this purpose).
  4. Ultimate responsibility for the implementation of this policy rests with the President of the University.  Day to day implementation with regard to staff is the responsibility of the Director of Human Resources.
  5. The University supports the resolution of complaints, as far as is possible and appropriate, through informal processes.  It is expected that informal procedures will normally be pursued before resort to the formal complaints procedure.
  6. Any formal complaint of harassment or bullying will be promptly and seriously processed. It is recognised that harassment and bullying are very difficult issues to deal with for all concerned. The University undertakes to pursue formal complaints as sensitively as possible, with due regard to the rights of both Complainant and Respondent.
  7. The University is committed to identifying and eliminating organisational deficiencies which may contribute to the occurrence of harassment or bullying, and undertakes to review and make improvements in the event that any investigation under this procedure identifies organisational factors as contributing to a case of harassment or bullying.
  8. As an intellectual community, UCC recognises that a balance must be struck between preserving the freedoms of expression and intellectual enquiry so vital to a University and ensuring that those freedoms are not so abused as to leave members of the University community feeling harassed.
  9. It is considered a breach of policy and a disciplinary offence for any staff member or student to attempt to victimise or otherwise retaliate against an individual because that individual, whether as a witness, party or in any other role, participates in good faith in this procedure.
  10. Since complaints of harassment and bullying will be taken very seriously, any attempt to misuse this policy and procedure through the filing of malicious complaints may result in disciplinary action pursuant to the University's disciplinary procedures.
  11. This policy will be widely publicised and its content made known to all staff members, students and others associated with the University. Additionally, all new staff members and students will be supplied with a copy of this policy statement and new employees will be appropriately briefed during their induction.

DEFINITIONS

  1. The Equality Act, 2004, defines Harassment as any form of unwanted conduct related to any of the discriminatory grounds, if the conduct has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.  The discriminatory grounds, for the purposes of legislation are gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community.

     

      Common harassing behaviour includes, but is not limited to:

      • Unwelcome physical contact
      • Inappropriate looks, comments or suggestions
      • Interfering with or damage to property
      • Threats or extortion
      • Comments, gestures, jokes or displaying or circulating offensive material
      • Hostile attitudes, practices or structures which discriminate against an individual or group of persons
  2. Sexual harassment is similarly defined as any form of unwanted verbal, non verbal or physical conduct of a sexual nature, if the conduct has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.

    Common sexual harassing behaviour includes, but is not limited to:

    • Verbal or physical advances
    • Requesting sexual favours
    • Asking about someone's sexual preferences, fantasies or activities
    • Repeatedly asking for a date after someone has expressed lack of interest
    • Unwelcome patting, hugging or touching someone's body, hair or clothing
    • Making comments, jokes, sexual innuendo, displaying or circulating offensive material or computer pornography
    • Making suggestive or sexual gestures, movements or facial expressions
    • Making disparaging remarks to someone about their gender or body
  3. Bullying, whilst not defined in legislation, can have serious effects on the health and welfare of recipients and is therefore regarded as a workplace risk and legislated for under the Safety, Health and Welfare at Work Act. The Health and Safety Authority defines bullying as repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual's right to dignity at work.  An isolated incident of the behaviour described in this definition may be an affront to dignity at work, but as a once off incident is not considered to be bullying. Many conflicts and interpersonal difficulties should be dealt with through appropriate industrial relations and complaint channels.

    Common bullying behaviour includes, but is not limited to

    • Unreasonably blocking someone's progress or advancement
    • Persistent picking on someone
    • Manipulation of someones reputation
    • Manipulating the nature of someone?s work or the ability of someone to do their work (e.g. overloading, withholding information, setting meaningless tasks)
    • Social exclusion or isolation
    • Constant criticism, preventing someone from speaking, shouting, public reprimands, rages over trivialities or insults
    • Unwanted physical contact, physical abuse or threats of abuse to an individual or an individual's property
    • Undermining an individual's work or self-esteem
  4. This policy will be interpreted with consideration of the fact that behaviour which is acceptable to one individual may be offensive to another.

PROCEDURE

Application

  1. This procedure will be utilised wherever an allegation of breaching the Duty of Respect and Right to Dignity Policy is made against a UCC staff member. Where a UCC staff member makes allegations against any non-UCC persons interacting with the University, the University will take appropriate action. Where the alleged violator is a student, student procedures apply.
  2. This procedure is intended to perform a deterrent and corrective function, in order to prevent members of the University community from being subjected to behaviour which they find harassing or bullying in nature. Any disciplinary action taken as a result of an investigation under this procedure will have the same intent.

Informal Procedure

  1. Under informal procedure, the primary concern is not with determining whether an actual violation of the Duty of Respect and Right to Dignity policy has occurred, but rather with attempting to restore a working relationship between the parties.
  2. Complainants are encouraged to use any or all of the following routes in attempting to have their concerns resolved and should raise their concerns at the earliest opportunity:
    1. The Complainant should inform the Respondent that their behaviour is unacceptable to them, and give her/him the opportunity to alter their behaviour.
    2. If the Complainant is a student, s/he should contact the Student Advisor and Ombudsman, or the Head of their academic department.
    3. Complainants should contact a member of the Harassment Contacts Programme.  This service aims to provide a voluntary informal resource for any staff member who wishes to discuss any incidence of alleged harassment or bullying in the University. Contacts are available for confidential support, information and referrals for recipients or potential recipients of harassment or bullying.
    4. If appropriate to do so, the Complainant should approach their Head of Department or immediate supervisor to negotiate a solution, for referral to a more suitable source of assistance if necessary, and for monitoring of the situation.
    5. The Complainant may bring matters to the attention of the Independent Staff Ombudsman.

Formal Procedure

  1. In general, Complainants will be expected to have attempted to resolve their concerns using informal means before resorting to formal procedures wherever possible.
  2. Formal complaints should be lodged with the Director of Human Resources within 90 days of the most recent incident of harassment or bullying occurring. In exceptional circumstances, this time limit may be waived. The complaint should be clearly formulated in writing. The Complainant should give precise details of actual incidents of harassment or bullying, including witness names and times and dates of alleged incidents insofar as possible.
  3. The Respondent will be notified in writing that an allegation of harassment or bullying has been made against them. They will be given a copy of the complaint and will be requested to respond to the allegations in writing within 5 working days. This notification will be provided within five working days of the complaint being submitted, save in exceptional circumstances when it will be issued as soon as possible thereafter.
  4. Where appropriate, arrangements will be made to carry out an investigation as soon as possible. In certain circumstances, and having consulted the parties, an independent facilitator may be engaged to assist in resolving the matter.
  5. In the event that investigation is deemed appropriate, a member of the Department of Human Resources will explain the investigation procedure to both parties separately and will update them on further steps at the appropriate juncture. Parties may be accompanied or represented at all meetings regarding the procedure.  Representation is the involvement of a colleague of an employee's choice or trade union official, but not any other person or body unconnected with the University, in the matter of representing the interests of an employee.
  6. A detailed investigation will be carried out by two appropriate and trained investigators appointed by the President. Investigators, ordinarily, will be appointed from an internal panel, but in certain circumstances external investigators may be appointed. In the event that it is deemed necessary to appoint external investigators, the parties will be informed.  All parties, including witnesses, will be afforded the opportunity to meet with the investigators and have their views on the complaint fully considered.
  7. The terms of reference of the investigation will be identified, and the parties will be informed of the terms of reference, in advance of the investigation.
  8. Investigations will be conducted promptly, sensitively and fairly. Whilst the University undertakes to make every effort to preserve confidentiality when undertaking formal investigations of harassment or bullying allegations, the nature of investigation is such that total confidentiality cannot be guaranteed in the process of pursuing a formal complaint. Information relating to a formal complaint will be dispensed purely on a 'need to know' basis, consistent with facilitating the full investigation of the complaint.
  9. In certain circumstances, where there may be a risk to the safety, health or welfare of any individual/individuals, the President may take interim measures to remove parties from the situation.
  10. Where the allegation is so serious as to constitute Gross Misconduct under the University's Disciplinary Procedure, the provisions of such procedure will apply.
  11. Parties will be interviewed separately.  Parties may be accompanied or represented at all investigative interviews. Failure to co-operate with the investigative process will be considered a disciplinary offence.
  12. The investigators will prepare a report on the investigation to be presented to the President. The investigation will generally be completed within 40 working days of the appointment of the investigators.  In certain circumstances it may be necessary to extend the length of the investigation, but such circumstances will be exceptional in nature.  A copy of the report, including the finding and recommendations, will be sent to both parties within 5 working days of the report being submitted to the President.
  13. All aspects of the investigation, including the report and findings, must be treated as confidential by all parties concerned.
  14. In reaching a decision on whether the policy has been violated, a standard of proof corresponding to the civil burden of proof on a balance of probabilities will be used (i.e. the standard used in civil court, whether it is established that it is more probable that the allegations are correct than incorrect, or visa versa).  Decisions which could result in disciplinary action require clear and convincing evidence of misconduct.
  15. Those involved in interpreting, administering, and applying this policy will use a 'reasonable person' standard; that is to say, whether a person in the same position as the Complainant and of the same Relevant Characteristics as the Complainant would reasonably judge harassment or bullying to have occurred as a result of a given behaviour or pattern of behaviour.
  16. Should the finding be that either harassment or bullying did occur, or that the complaint was malicious, the President may invoke the University's Disciplinary Procedure.
  17. In some circumstances, the use of disciplinary procedures may be inappropriate. The outcome of such cases may be a recommendation to engage in training, counselling and/or a period of monitoring and appraisal.  Should the period of appraisal not be satisfactory, the Disciplinary Procedure may then be invoked.
  18. It should be noted that where a complaint is not upheld by the formal investigation, this does not necessarily indicate that the complaint is malicious.  While a malicious complaint will generally be treated as misconduct under the Disciplinary Procedure, the application of this provision should not be such as to deter employees from bringing forward legitimate complaints.
  19. Should any person holding an office specified as playing a part in these procedures be themselves subject to these procedures, the President will nominate an appropriate person to assume the relevant authority in their place.   Should the President be the subject of a complaint, these procedures will be appropriately adapted by the Governing Body to enable the application of due process.

RESOURCES

    For examples of harassing or bullying behaviour, see advice online at http://www.ucc.ie/en/hr/equality-wellbeing/equality/ and those listed in the University's Safety Statement (Section 18.17.0).

    Counselling support is available to staff under the UCC Employee Assistance Programme(EAP) and to students from the Student Counselling Service.

    Contact details and terms of reference of the EAP, Harassment Contact Programme, and the Independent Staff Ombudsman are available from the Department of Human Resources, Employee Relations Section, online at the Department of Human Resources web site, and in appropriate staff publications.

CONSULTATION

    The following bodies have been consulted in the development of this document:

    External -

    • The Health and Safety Authority,
    • The Equality Authority

    Internal -

    • Committee on Equality of Opportunity,
    • Students' Union,
    • Health & Safety Representatives Committee,
    • Inter-Union Group,
    • Faculty Boards,
    • UCC Staff (open consultation),
    • Executive Management Group,
    • Academic Council,
    • Governing Body.

CONTACT: Ms Catherine Maguire, Equality/Welfare Officer, Department of Human Resources and Organisational Development, University College Cork, 4 Carrigside, College Road, Cork.  Tel. 4903409.  E-mail: c.maguire@ucc.ie.