Harassment and Bullying Policy

Introduction

Workforce Training and Development (WTD) has a duty to foster an environment in which

students, staff and those associated with learning and development activities may work and study effectively. Unwelcome behaviour of the kind described in this Policy Statement is unacceptable.

All members of Workforce Training and Development, staff and students, are responsible for ensuring that individuals do not suffer sexual, racial or any other form of harassment, and that they are encouraged and supported in any legitimate complaint.

Harassment may occur where the harasser has a position of authority or in other contexts (for example, by students of fellow students or of staff members). WTD’s Harassment and Bullying Policy and Procedures detailed here should be adopted in any case where harassment of a student may have taken place.

Students will be made aware of the policy at the time of enrolment, Induction and in the learner handbook. It is also published on the WTD website so is accessible to all. A parallel document covers staff.

Policy Statement

WTD is committed to a working, learning and living environment that is free of discrimination and intimidation. Harassment may seriously worsen working and social conditions for staff and students at WTD and therefore any incidents of harassment will not be tolerated, will be regarded extremely seriously and may be grounds for disciplinary action including dismissal or expulsion."

This means that:

Workforce Training and Development, through its appointed Safeguarding Lead, will take prompt action on becoming aware that incidents involving alleged harassment have taken place.
Harassment may be grounds for disciplinary action including formal warnings, suspension, transfer or dismissal (if involving a member of staff).
Any unwarranted allegations of harassment, made in bad faith with malicious intent, may also be grounds for disciplinary action which may include formal warnings, suspensions, transfer students subjected to harassment should raise the matter using the procedures outlined below.

Complaints will be handled with all possible speed and confidentiality. In dealing with the

complaint WTD will take such measures as are practicable to minimise anxiety for the individual concerned and conduct an investigation of the complaint in order to bring about a fair resolution.

Definition of Harassment WTD identifies harassment as unwanted conduct which has the purpose or effect of:

(a) violating another person's dignity, or

(b) creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Harassment can take many forms, occurs in a variety of circumstances 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 determines what constitutes harassment.

The impact of harassment can result in the recipient feeling discomfort or humiliation and may adversely affect the recipient's performance, undermine security or prospects, or create a threatening or intimidating learning or living environment. It may provoke aggressive, retaliatory attitudes and actions. Certain behaviour will be, by its nature or severity, unwelcome even on a single occasion.

Social interaction in WTD 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, and what is acceptable between persons A and B may not be acceptable to person C. The key element in harassment is that it is the conduct that is repeated, unwanted, unreasonable and offensive to the recipient.

Harassment and bullying can encompass matters relating to sex, sexual orientation, gender, gender reassignment, race or ethnic or national origins, socio-economic status, age, religion or similar philosophical belief, union membership or disability.

Examples of harassment include:

Unnecessary touching.
Unwanted physical contact or physical attack.
Offensive, suggestive, or derogatory remarks, gestures, mockery, taunts, pranks, jokes, insults or ridicule; in person, on the telephone, by emails or social networking sites
Verbal abuse, threats, or intrusive questioning.
Insulting remarks based on the grounds of personal appearance or personal circumstances.
Using an individual's known disability to demoralise them.
Leering at another individual's body.
Compromising invitations or gifts.
Requests or demands for sexual favours.
Circulation or displays of offensive, suggestive or degrading materials (such as pictures, graffiti, or objects) in the teaching, learning, living, or working environment.
Sending of unwanted messages via e-mail and social networking sites.
Ridicule for cultural differences such as appearance, dress, diet, religion, or ethnic background.
Subjecting an individual to group pressure.
Derogatory or belittling remarks in front of others regarding appearance, work, or personal attributes.
Deliberately or repeatedly ignoring someone.
Any comments which imply that gender, age, sexual orientation, disability, race or ethnic or national origins, religious or other belief impairs the individual's ability to perform satisfactorily.
Any other unwelcome physical, verbal, or non-verbal conduct.
Incitement to commit any such act.

Any difficulty in defining what constitutes harassment should not deter a student from complaining of behaviour which causes distress. Nor should anyone be deterred from making a complaint because of embarrassment or fear of intimidation or publicity.

WTD will respect the sensitivity involved in harassment complaints and their consequences as well as the need for the utmost confidentiality. Students must comply with WTD procedures and regulations. The making of malicious, vexatious, or spurious allegations may, however, give rise to action under the relevant disciplinary procedures for students.

Sexual Harassment

Sexual harassment includes unwelcome conduct of a sexual nature, or other conduct based on sex, affecting an individual's dignity, in the teaching, learning, living, or working environments, which cause the recipient discomfort or humiliation.

Racial Harassment

Racial harassment includes unwelcome and/or repeated derogatory statements or racially

derogatory remarks by individuals or groups based on race, colour, nationality, or ethnicity, which are offensive or objectionable to the recipient. The harassment may relate to racial discrimination and may involve inappropriate racial comments or activities in the teaching, learning, living and working environments.

Racial harassment includes hostile or offensive acts or expressions by an individual of one racial or ethnic origin against an individual of another racial or ethnic origin, or incitement to commit such an act.

Personal Harassment

Personal harassment includes inappropriate comments or activities in the teaching, learning, living, or working environments concerning an individual's disability, age, socio-economic group, sexual orientation, gender orientation, religion, or any other form of personal victimisation.

Bullying

Bullying is a particular form of personal harassment and may be characterised as offensive,

intimidating, malicious or insulting behaviour, an abuse or misuse of power, position or knowledge through means intended to undermine, humiliate, denigrate, or injure the recipient.

It may occur in public or in private and may arise from the combination of an authoritarian

personal style in the bully and a lack of assertiveness and self-confidence in the person being bullied. Examples of bullying include threats; abuse; public humiliation; ridicule; repeated shouting or swearing at an individual; undermining an individual; intimidating behaviour.

In certain circumstances harassment can be unlawful behaviour contrary to statute law including general provisions regarding Breach of the Peace as well as specific provisions made in the Protection from Harassment Act 1997.

This provides that the court must, under certain circumstances, attach a power of arrest to an interdict for the purpose of preventing abuse and sets out the circumstances and procedure under which a person can be detained.

Physical Assaults

If you have been physically assaulted, seek help immediately and report the incident to the police.

Procedures for dealing with complaints

Many individuals subjected to harassment do not complain because they feel embarrassed, they are worried they will be victimised, or they do not want to get the harasser into trouble.

WTD operates a network of Harassment Advisers. The network comprises members of staff working in a variety of areas of WTD and students are free to make contact with any one of them.

The Harassment Advisers are there to listen to what has happened, to provide help and support, and to explain the options, whether someone wishes to make a formal complaint or not. They also have the names and addresses of external support groups and other professional bodies if referral is more appropriate.

WTD guarantees that all complaints will be taken seriously and will be investigated swiftly, and that all parties involved will be treated with respect. Victimisation as a result of a student raising a complaint of harassment will not be tolerated and will be treated as harassment and subjected to disciplinary action. Likewise, students (and staff) will be protected from victimisation or discrimination for assisting in an investigation.

There are two ways in which harassment may be dealt with: the informal approach and the formal approach, both of which are outlined below.

In situations where a student feels at serious risk of harm from another student, they should report this to one of the designated Safeguarding Officers as soon as possible and WTD will aim to process this complaint as a matter of urgency and where necessary involve the Police.

INFORMAL APPROACH

Any student who is being subjected to harassment in any form by a fellow student or a member of staff should not feel that it is his or her fault or that it has to be tolerated. If at all possible, any student who feels subjected to harassment or bullying should consider telling the individual(s) concerned that their behaviour is causing offence and ask them to stop, indicating that such behaviour is interpreted as harassment as defined in this document. Such action may be sufficient to stop the offensive behaviour. It may be helpful to prepare for this by talking the situation through with a friend or colleague, practising what to say and making a note of specific examples of behaviour which have caused offence.

If this approach does not work or is not appropriate, support and guidance on how to take the matter forward can be obtained from one of the Harassment Advisers who may also be able to act as a mediator if the matter can be resolved informally.

It is not essential to approach the individual(s) informally and deciding not to do so will not

prejudice any further complaint made. If the harassment continues and/or cannot be dealt with as suggested above, an informal approach to a tutor, mentor, supervisor, or manager, either in person or through the Safeguarding Lead or a designated friend may be more appropriate to resolve the matter informally. If it is considered more appropriate, advice may be sought from one of the Safeguarding Officers of Workforce Training and Development .

The Designated Safeguarding officer consulted will conduct informal interviews with the student and the alleged harasser and will advise both the individual and the alleged harasser in writing of the outcome of the discussions, where possible within one week of the meetings, setting out clearly what was discussed, the decision made and rationale for arriving at this decision.

It should be noted that WTD may not be able to disclose the full background details because of the need to protect confidential information.

In some cases, it may not be possible to approach someone informally or it might be inappropriate due to the seriousness of the complaint, or the informal approach may not have been successful. Formal action might then be required.

FORMAL APPROACH

Stage 1

If the informal approach is not appropriate, does not result in a satisfactory outcome, and/or the harassment does not cease, the matter should be taken up by the student, designated representative in writing with the appropriate Designated Officers.

The Designated Officer will deal with the complaint as follows:

The complaint will be investigated promptly and tactfully, and in a way which meets the needs and merits of each situation. At all times confidentiality must be fully observed.
Where possible, the Designated Officer will inform the individual causing offence in writing where possible within one week of receipt of the letter of complaint that a formal complaint has been made in accordance with this policy and of the nature of that complaint, and that the alleged harasser has the right to seek representation from a trade union or a colleague (as appropriate).
The Designated Officer will call separate investigatory meetings with the student and the alleged harasser, together with their representatives if so desired, to attempt to resolve the matter. If both parties agree, a joint meeting may be convened instead of separate investigatory meetings. If witnesses are to be involved at the investigation stage, they will be advised of the seriousness of the investigation and of the necessity for strict confidentiality.
The Designated Officer will, where possible within one week of completion of investigatory meetings, reply in writing to all parties advising of the outcome of the investigation.
If at any stage, it is not possible to respond within the specified time limit an explanation will be given for the delay and a date given for when a response can be expected.

Stage 2

If the outcome of Stage 1 is not satisfactory or the student continues to be aggrieved, the matter may be taken further by the student or Designated Safeguarding Officer within five days of being notified of the outcome of the investigation by writing to:

(a) Operations Director if the alleged harasser is an employee of Workforce Training and

Development. In such cases the matter will be dealt with under Stage 2 of the Harassment

and Bullying Grievance Procedure for Staff, copies of which are available from the Business

Support office; or

(b) If a student feels that there has been an irregularity in the procedure followed up to and

including Stage 2, there is a right of appeal to WTD Operations Director within fourteen days of receipt of confirmation of the outcome of the preceding stage(s).

The appeal should be made in writing to the Operations Director of Workforce Training and

Development, specifying the grounds for appeal. WTD will arrange for an appeal committee to be set up comprising three members nominated by Workforce Training and Development. The need for diversity on the Committee must be borne in mind when choosing its members to ensure appropriate representation. For example, in a case of sexual harassment, there should be male and female representation on the Committee and all members should be familiar with WTD harassment and bullying policy and procedures.

The appeals committee will, where possible, be convened within ten working days after receipt of the written request and will communicate its decision in writing to all parties concerned as soon as possible thereafter.

REVIEW

The CEO and Operations Director must be informed of all formal Harassment and Bullying

grievances raised in relation to students and will monitor progress of each case through the various stages.

At the end of each stage, a complete record of all appropriate documentation generated must be passed to the CEO and Operations Director. The records will be maintained confidentially and retained in accordance with the GDPR.

Authorised by

Pauline Price

COO

Workforce Training & Development