VIII. POLICY STATEMENT ON SEXUAL HARASSMENT 1. General Statement The University acts to ensure dignity at work and study. Sexual harassment violates the rights, dignity and integrity of the individual; undermines the environment necessary for the advancement of learning, and will not be tolerated. 2. Definition a. Sexual Harassment Unsolicited sexual advances, requests for sexual favours, and other verbal, nonverbal, or physical conduct of a sexual nature which are unwelcome by the recipient constitute sexual harassment when: * the recipient has reasonable ground to believe that any aspect of an individual"s employment or education experience is made conditional on submission to such conduct, either explicitly or implicitly; or * that employment or education decisions affecting an individual are based on rejection of such conduct; or * such conduct has the purpose or effect of * unreasonably interfering with an individual's work performance or educational experience, or * creating an intimidating, hostile, or offensive working or learning environment. In determining whether conduct constitutes sexual harassment, the entire record and the totality of circumstances will be considered. b. Aspects of Employment Aspects of an individual’s employment include but are not limited to hiring, retention, substantiation of appointment, crossing of salary bar, promotion, termination, reassignment, salary increase, pay, fringe benefits, workload, opportunities, training and staff development, and working conditions. c. Aspects of Educational Experience Aspects of an individual’s education experience include but are not limited to admission to a class or programme, grades, letters of recommendation, homework, honours, research opportunities, scholarships, housing grants, employment opportunities, use of facilities, probation, termination, and classroom conditions. d. Examples of Sexual Harassment i. unwelcome sexual advances - e.g. leering and lewd gestures, touching, grabbing or deliberately brushing up against another person; ii. unwelcome requests for sexual favours in exchange for preferential treatment- e.g. suggestions that sexual co-operation or the toleration of sexual advances may further an employee's career or help improve a student's academic grades etc.; iii. unwelcome verbal, non-verbal or physical conduct of a sexual nature - e.g. sexually derogatory or stereotypical remarks or visual presentation in the work place or in the classroom; persistent questioning about a person’s sex life; and iv. conduct of a sexual nature that creates a hostile or intimidating environment for work or study - e.g. sexual or obscene jokes, displaying sexist or other sexually offensive pictures or posters. 3. Informal Resolution a. The earlier sexual harassment is dealt with, the better the chance that it will not lead to a confrontation that is potentially damaging for both the accuser and the accused. When a person feels sexually harassed, he or she may first try to seek an informal resolution. Informal resolution procedures involve no written records and are designed to put a stop to the harassment through private conciliation rather than public sanctions. b. Frequently, all that is needed may be talking directly to the accused, or where necessary involving a mediator who could be one’s supervisor, a counsellor, a senior staff member or one of the Equal Opportunities Advisers with whom one feels comfortable. These persons, when being approached by the accuser should talk to the accuser and try to establish all the facts of the case. They could provide advice to the accuser on the options available. If the complaint appears to have merit, they could serve as an informal mediator between the accuser and the accused. Sometimes, all that is needed is an explanation that the behaviour is damaging or hurtful, followed by an apology. It is advised, where possible, to bring the two parties concerned to agree on any future standards of behaviour and conduct, and to establish the consequences of any further harassment. c. Supervisory personnel have a responsibility to ensure that the workplace and educational environment are free of sexual harassment. Whenever behaviour is observed that could constitute sexual harassment, supervisors should not condone it by ignoring it. When such behaviour is known to a supervisor, he or she should counsel the offending individual in an attempt to reach an informal resolution of the situation. d. All incidents of harassment should be treated with the utmost sensitivity and confidentiality. Where matters cannot be dealt with through informal means, or if the individual concerned believes that only a formal complaint can provide relief, he/she may file a complaint in accordance with the following procedures. However, in case the allegation of harassment involves severe bodily harm, or may constitute a criminal act, the complainant should be advised to report the case to the Police. 4. Formal Complaint Procedures a. Filing a Complaint Any individual complaining of sexual harassment may initiate a formal complaint by writing to the Equal Opportunities Panel (EOP) via the Office of the Vice-President (Administration) & Secretary. With a view to ensuring impartiality and objectivity in handling a formal complaint, Equal Opportunities Advisers who have been approached in the informal resolution stage will not be invited to be a member of the EOP formed to handle the same complaint. All complaints will be taken seriously and processed quickly with appropriate confidentiality, sensitivity and discretion. b. Investigation and Fact-finding As soon as the EOP is set up, an investigation team made up of two members of the EOP shall conduct a preliminary investigation of the case, which shall include confidential interviews with all persons identified by the complainant as witnesses to the alleged sexual harassment. c. Resolution by Mediation i. The investigation team shall offer to facilitate mediation of the dispute in the first instance. It will meet with the person or persons whose behaviour is alleged to constitute sexual harassment to discuss the accusation, the evidence supporting it, and the procedures being followed to address the complaint. ii. If grounds for the complaint are found to exist, the team will propose a settlement intended to provide a remedy for the complaint. The emphasis in constructing a remedy should be on eliminating the behaviour that is the basis for the complaint, and restoring to the complainant any benefits that were withheld as a result of rejection of this behaviour. iii. If the accused refuses to agree to the proposed remedy; or denies the accusation of sexual harassment; or if the complainant is not satisfied with the outcome of the investigation, the investigation team will refer the case to the Equal Opportunities Panel (EOP) and a formal hearing of the case will be conducted. d. Formal Hearing by the EOP i. The EOP should conduct a formal hearing within one month when mediation fails to resolve the complaint. The hearing process is intended to provide a reasonable degree of confidentiality for both the accused and the complainant without the formality of a legal proceeding. The emphasis is on reaching an early resolution in a fair and even-handed manner. ii. Both the complainant and the accused shall have the right of: * appearing before the Panel; * presenting evidence to the Panel; * calling witnesses (or requesting the Panel to do so on his/her behalf); and * bringing with him/her a colleague, who may speak on his/her behalf, when appearing before the Panel. Each party, and any accompanying colleague shall be reminded of the confidential nature of the proceedings, and the obligation to maintain confidentiality. iii. The EOP shall hear testimony from the complainant and the accused, and any witnesses proposed by either of them. In addition, it may call such other witnesses and examine such other evidence as it may deem appropriate. iv. The complainant and the accused shall be given an opportunity to respond to any information or evidence which is brought to the attention of the panel by either party, or by any third party, during the course of the hearing, and which appears to call for response, clarification or confirmation. e. The Panel's Report On the basis of the hearing, the EOP will make a report to the Vice-President (Administration) & Secretary. If the Panel concludes that sexual harassment has occurred, it shall recommend appropriate remedial action which could be either one or more in the following: i. The accused shall cease the behaviour that is the basis for the complaint; ii. The accused shall refrain from further contact with the complainant, to which end the Panel may recommend that the accused or complainant be reassigned; iii. The accused shall undergo counselling or treatment; iv. The University shall initiate disciplinary proceedings against the accused. f. Appeal i. The complainant and the accused, having been informed of the finding and recommendation of the EOP may appeal against the decision of the Panel within 30 days to the President & Vice-Chancellor who may : * confirm the decision and remedy ordered by the EOP; or * confirm the decision, but modify the remedy ordered by the Panel; or * ask the same Panel to be re-convened to consider the appeal; or * ask another Panel to be formed from amongst the list of potential members to re-consider the case. ii. The decision of the President & Vice-Chancellor shall be final within the University. g. Record Any activity within the formal complaint procedures will result in a written record. The reason for this is to keep track in case a complaint comes up against the same person, or if the same victim complains against somebody else. .