For Staff and Students APPROVED BY COURT 24 JUNE 1991 and AMENDED BY COURT 7 MAY 1998, 16 DECEMBER 2002
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WHY HAVE AN EQUAL OPPORTUNITIES POLICY?
1.1 The University (and therefore each employee and student) is bound
by law not to discriminate unjustifiably, directly or indirectly, against
any person in any work or educational activity on the grounds of that person's
sex, marital status, disability, race, colour, nationality, ethnic origin, religion,
sexual orientation or age.
1.2 The Disability Discrimination Act 1995 also makes it unlawful
to unjustifiably discriminate against a person in any work or educational
activity because of his/her disability.
1.3 The University is a major provider of employment locally. It is
important therefore that we fulfil our obligation to the whole community in
which we operate. In order to continue to prosper, the University needs to
attract the highest calibre of staff and students, regardless of sex, marital
status, disability, race, colour, nationality, ethnic origin, relidion, sexual orientation
or age. As the recipient of research grants whose aim is to assist persons
with disabilities, it is inappropriate for the University to ignore its contribution
as an employer and teaching organisation, which must complement the contribution
as a research institution and medical
school.
1.4 Perhaps most important is that most of us believe that we do not
discriminate but may, on occasion, or without conscious intent, do so. Having
a formulated policy and a set of measures to assist us to adhere to that policy
will increase our awareness of equal opportunities practices and help us not
to discriminate unfairly.
1.5 Having an effective policy should help us, for example, when recruiting,
training or considering staff applications for promotion, to look more closely
at what applicants or existing employees can do, rather than be influenced
by our own beliefs about the barriers caused by their sex, marital status,
disability, race, colour, nationality, ethnic origin, religion, sexual orientation or
age.
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- POLICY STATEMENT
2.1 The principle of equal opportunities is reflected in the University's
Charter in that: "No test related to sex, race, colour or religious or
political belief shall be imposed on any person in order…... to be admitted
as a member, teacher or student of the University or to hold office therein,
or to graduate thereat, or to hold any advantage or privilege thereof".
2.2 In conformity with the general intention of its Charter and the
requirements of the law the University has formulated a general policy statement
on equal opportunities as follows:"To become an equal opportunities organisation,
the University will promote equality of opportunity in the recruitment, promotion,
appraisal, education, training, development and support of its staff and students
and otherwise treat them on the basis of their relative merits and abilities.
The law requires that no job applicant, student applicant, member of staff
or student will unjustifiably receive less favourable treatment on the grounds
of race, colour, nationality or ethnic origins, sex or marital status and
disability. In addition, staff are protected from discrimination on grounds
of part-time or fixed-term status and Trades Union membership, religion, political belief,
socio-economic background, parental status, age (subject to normal retirement
conventions and the minimum age for student admissions) and sexual orientation."
2.3 The University will have Equal Opportunities Officers for staff
and students who will have responsibility for promoting, implementing and
monitoring the policy throughout the University and for any initial investigation
into alleged breaches of the policy.
2.4 Heads of Department/School will be responsible for ensuring that
the policy is communicated effectively and is being implemented. The University
expects the full co-operation of all its staff and students in promoting equality
of opportunity and each will have personal responsibility for promoting and
implementing the policy at day-to-day level.
2.5 The University expects also that the policy will be monitored
by each member of staff and student and by Heads of Department/School under
the overall co-ordination of the Equal Opportunities Officers who will make
an annual review of the policy and submit a direct report to the University
Court.
2.6 The policy has the full support of the Principal, staff and students;
each Trade Union recognised within the University and the Student Association,
and these bodies will have the right to draw to the University's notice any
breaches of this policy.
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- IMPLEMENTATION
3.1 In order to ensure its effective implementation the University undertakes,
through senior officers, and/or heads of departments/schools and individual
members of staff, to:
- Identify a senior officer of the University to have overall responsibility
for the Policy.
- Appoint suitably qualified and trained officers to assist the senior
officer with responsibility for the Policy in formulating, implementing and
monitoring the Policy and to advise the University in equal opportunity matters.
- Appoint Faculty Equal Opportunities representatives who will be accessible
to students and staff to provide information about the Equal Opportunities
Policy, grievance procedures, and relay Equal Opportunities suggestions and
concerns to appropriate channels.
- Have an Equal Opportunities Working Group to advise Court, via the University's
Committee Structure, on all matters relating to the formulation, implementation,
evaluation and review of equal opportunities policies across the University.
- Consult, as appropriate, with staff, students and recognised Unions and
the Student Association on equal opportunity matters through the existing
consultation procedures.
- Review regularly and, where necessary, revise the composition of University
Committees and other official bodies and representatives of the University
to take into account representation of minority groups and gender balance,
recognising that this may not always be possible where representation is by
election.
- Provide training for staff normally involved in recruitment and selection,
development and review, job evaluation, promotion and training to make them
aware of the equal opportunities implications of these activities.
- Implement and maintain a statistical record in the areas of race, gender
and disability relating to staff recruitment and progression and student recruitment
and success.
- Review regularly and, where necessary, make recommendations on the access
and safety facilities in the University with particular regard to people with
disabilities. In any future planning of new buildings or of alterations to
existing buildings, the University will seek, where possible, to ensure that
there is proper provision for all types of disability. The University will
also address the provision of facilities and access to areas for people with
disabilities including teaching materials and support for mental health difficulties.
- Send information about the policy to all existing and newly appointed
members of staff and students to remind them of the commitment of University
staff and students to equal opportunities.
- Review regularly and, where necessary, revise all written communications,
internal or external, produced by the University to ensure that the language
is non-discriminatory and gender neutral.
- Keep under regular review the provision of family friendly policies
for staff and students.
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- EQUAL OPPORTUNITIES FOR STAFF
4.1 As an employer the University has obligations in law. University
staff, too, play an important part in ensuring that the University does not
breach its statutory obligations.
4.2 The law says that you must :
- not discriminate directly against anyone unjustifiably in employment
because of their sex, because they are married or because of their race, colour,
nationality or ethnic origin, religion, sexual orientation,age or because of a disability.
In addition, staff
must not be directly discriminated against because of their part time or fixed
term status. This means that you may not treat a member of staff or job applicant
less favourably than another in recruitment, training/development opportunities,
promotion, redundancy, redeployment, development and review, job-analysis
or any other such job-related activity where the unfavourable treatment can
be seen to be because of the person's attributes, unless justifiable.
- not discriminate indirectly against anyone in employment because of their
sex, because they are married or because of their race, colour, nationality
or ethnic origin, religion, sexual orientation or age. In addition, staff must not be
indirectly discriminated
against because of their part-time or fixed-term status. Indirect discrimination
is where you do something which does not directly discriminate but the consequences
of which exclude or bar such persons from participation in work activities
where they would otherwise have been able to do so. It consists of applying
a requirement or condition, which, although applied equally to all persons,
is such that a considerably smaller proportion of a particular racial group
or of one sex can comply with it.
- not victimise those who have raised a complaint under equal opportunities
legislation.
- not "positively discriminate" in favour of any of the categories
listed above. You may not treat any such persons less or more favourably than
another in job activities. You can, in some circumstances, positively discriminate
for people with disabilities. "Positive action" is, however, allowable.
Positive action includes, for example, wording advertisements to have special
appeal to people of a specific sex, race or ethnic group or who have a disability
who can be shown to have been under-represented in that particular work area
over the previous 12 month period. However, care should be taken not to raise
unreasonable hopes of employment by doing so. Positive action may also consist
of providing special training for people of a specific sex, race or ethnic
group or who have a disability who have been under-represented in a particular
work area over the previous 12 month period. However, positive action is generally
not permitted in the actual selection for posts or promotion. In other words,
the selection must be on the basis of the merit of the person concerned.
- not discriminate between men and women in pay and other conditions of
service.
4.3 Although the University's policy, as a statement of good practice,
embraces more than the basic statutory obligations, these statutory obligations
do form a floor of basic rights for all staff and job applicants.
4.4 For reference purposes a list of Legislation and Codes of Practice
can be found at Annex 1.
4.5 Recruitment and Selection
- All staff who are involved in recruiting should be made aware of the
current legislation and trained in the correct procedures. They should be
familiar with and follow the procedures laid down in the 'Recruitment Code
of Practice' available from Personnel Services.
4.6 Training, Development, Promotion and Career Progression
- In putting forward members of staff for training, Heads of Department/School
should consider only the training and development needs of the staff, the
Department/School and the University.
- All new staff should undergo an induction process and this will include
being informed about the University's equal opportunities policy.
- Where staff have the potential to advance, only their suitability for
career progression should be considered; factors such as personal attributes,
part-time or fixed-term status should not be relevant.
4.7 Staff With Disabilities
- The University should consult with expert bodies and disabled staff to
ensure that every effort is made to assist people with disabilities to obtain
and retain appointments at the University. The University should review its
facilities on an ongoing basis and, where possible, upgrade and improve.
- Where staff become disabled every effort should be made to assist staff
to be able to continue in employment. If necessary disability leave should
be granted to adjust and rehabilitate.
- Action should be taken and training given to ensure that key employees
develop an awareness of disability needed to make the above commitments work.
4.8 Family Friendly Policies
Female members of staff should be advised of their rights if pregnant and given
every opportunity to return to work following maternity leave.
Information on parental, paternity/maternity support and other leave in support
of family responsibilities should be given to all staff.
4.9 Cultural and Religious Observances
Allowances will be made where possible to make time and space available for
prayers and cultural and religious observations for all members of staff.
4.10 Flexible Working
- The University acknowledges a range of flexible working practices which
may be mutually beneficial to both the University and the individual. The
benefits include retention of valued staff, potential for matching working
hours to periods of greatest need, potential for staffing over a wide range
of hours, more satisfied, less stressed staff and the ability to fit working
hours with individual commitments. Flexible working is not intended to increase
the temporary or part-time nature of the job to the detriment of either staff
or the University. Flexible workers are as valuable to an organisation as
those in traditional full-time work and their performance should be measured
and assessed in the same way. A "Flexible Working" document is available
from Personnel Services.
- Staff may request to transfer to a flexible working arrangement and
the University will seriously consider all requests and agree to those which
are operationally feasible.
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- EQUAL OPPORTUNITIES FOR STUDENTS
5.1 Aim
- The University aims to provide education of excellent quality at undergraduate
and postgraduate level for a diverse range of students, whatever their background.
In pursuit of this aim, the University is committed to using its best endeavours
to ensure that all of its activities are governed by principles of equality
of opportunity; and that all students are helped to achieve their full academic
potential. The University upholds the right of each member of the University
community to be treated with dignity and respect.
- The Equal Opportunities Policy, which includes the Race Equality Policy,
is available from Faculty Offices and each department of Student Services.
5.2 Student Admissions
- The University welcomes applications from potential students of all social
and ethnic backgrounds. Its admissions policy aims to promote equal opportunities
while, at the same time, selecting students who have the ability and motivation
to benefit from the courses which they intend to follow and who will make
a contribution to University life. The University will undertake reasonable
adjustments for qualified applicants with disabilities to enter the University,
in accordance with the Special Educational Needs and Disability Act 2001.
A wide range of factors is taken into account by selectors in the admissions
process, such as post-school experience and breadth of interests. In the case
of mature students, these factors may, where appropriate, be taken into account
in place of examination results.
- All faculties select students for admission without regard to gender,
marital status, race, ethnic origin, colour, religion, sexual orientation,
disability, social background or other irrelevant distinction.
- The University prospectus will reflect the University's Equal Opportunities
Policy and will promote positive images in both language and illustrations
in relation to gender, race, age and disability.
For reference purposes a list of Legislation and Codes of Practice can be
found at Annex 1.
5.3 Monitoring
- The University is committed to a programme of monitoring in undergraduate
and postgraduate admissions. The results of such monitoring will be reviewed
by the Equal Opportunities Working Group and by departments, to consider the
implications for equal opportunities and to take action, where appropriate.
- The quality of the educational experience offered to students will be
regularly and carefully audited and monitored in accordance with the University's
Academic Standards Policy.
5.4 The Curriculum, Teaching and Assessment
- Unfair discrimination based on individual characteristics (listed in
the statement on admissions above) will not be tolerated. University departments,
faculties, and the central quality assurance bodies monitor the curriculum,
teaching practice and assessment methods. Teaching and support staff will
have regard to the diverse needs, interests and backgrounds of their students
in all their dealings with them.
5.5 Placements
- The University will take appropriate steps to ensure, as much as possible,
that student placements and exchanges are arranged only in organisations which
subscribe to good practice in equal opportunities.
5.6 Widening Participation
- The University will continue to make provision for, to monitor and to
review, the needs of particular groups of students. It believes that those
with disabilities should have access to the full range of academic, social
and cultural activities in the University. The provision of facilities and
access to areas for people with disabilities, including teaching materials
and support for mental health difficulties, will also be addressed.
- The Co-ordinator for Students with Disabilities will provide advice
and guidance to students with special needs. The Disability Support Centre
prides itself on its policy of privacy and confidentiality; and this has been
replicated as a model of good practice by other universities and colleges.
The most important functions of the Disability Support Centre are to support
and empower students to achieve their full potential and to support the staff
who teach and administer to students with disabilities. The University also
has a group of Disability Support Officers (DSOs) who are members of staff
from departments that a student will likely contact during their time at University.
- The University recognises the domestic and caring responsibilities
of some students, including those with childcare needs. It will continue to
support the University Nursery and to work towards an improvement in provision.
Details of financial assistance towards childcare costs for students can be
obtained from the Student Advisory Service. The University will continue to
allow for flexible patterns of study wherever practicable.
5.7 Student Services
- The University will satisfy itself that all agencies within the University
that provide services to students are operated in accordance with the University's
Equal Opportunities Policy. These services are discussed in more detail in
the Students' Charter and include Student Advisory Service, Counselling Service,
Health Service, Access Centre, Disability Support Centre, Careers Service,
The Nursery and the Chaplaincy. www.dundee.ac.uk/studentservices/
5.8 Residential Accommodation
- Full details of the University's policy on the allocation of University-owned
and administered accommodation will be published and subject to scrutiny in
respect of equal opportunities. www.dundee.ac.uk/residences
5.9 International Students
- Appropriate preparation will be made for international students regarding
immigration matters, police registration, an orientation programme, visits
to British families and cultural and social events. The Race Equality Policy,
which is included in the Equal Opportunities Policy, is available from Faculty
Offices and each department of Student Services.
5.10 Cultural and Religious Observances
- Allowances will be made where possible to make time and space available
for prayers and cultural and religious observations for all students.
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6.WHAT EACH EMPLOYEE AND STUDENT CAN DO TO PROMOTE EQUAL
OPPORTUNITIES
6.1
- Adopt a positive attitude towards Equal Opportunities.
- If you are involved in recruitment and selection consider only what
is relevant to the job or course requirements. Consider the applicant's abilities,
rather than disabilities or background. Avoid making assumptions about people
because of their age, sex, maritalstatus, racial group, religion, sexual orientation
or any other potentially discriminatory factor. Be flexible
in thinking about the practical requirements of hours, physical mobility required
and any adaptations to the work or educational environment which could enable
a disabled person to do the job or course with ease. Remember that financial
assistance may be available to buy special equipment or adapt premises.
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7.RACE EQUALITY POLICY
7.1 Aim of the Race Equality Policy
- The University of Dundee aims to foster an environment in which all students,
staff and users of the University's services are treated and valued equally,
and are free to fulfil their potential. The University upholds the right of
each member of the University community to be treated with dignity and respect.
- To achieve this aim, the University will strive to eliminate racial
discrimination, and to promote equal opportunities and good race relations
between people of different ethnic backgrounds.
- University policies and processes will be kept under review to ensure
that no person, or group of people, is disadvantaged on account of their race,
colour, nationality or ethnic origin. Attention will be given to areas relevant
to ensuring race equality, in particular:
- admission and access
- student achievement and assessment
- teaching and learning
- the curriculum
- staff recruitment and selection
- staff development and promotion
- partnerships and community links
- procurement and outsourcing
- quality assurance.
7.2 The University of Dundee's Commitment
- The University of Dundee is committed to acting upon any complaint of
racial discrimination and to promoting equality of opportunity through the
fair application of policies, procedures and practices in all aspects of University
life. Regular contact will be maintained with the University groups that represent
minority ethnic members of the University community and, when appropriate,
consultation will take place with local and national interest groups to inform
the University of best practice in achieving race equality. The Equal Opportunities
Policy/Race Equality Policy will be provided to each new member of staff to
ensure they are aware of their obligations.
7.3 Responsibilities
The University Court is responsible for:
- ensuring that the University policy complies with its legal obligations under the Race Relations Act (1976) and the Race Relations (Amendment) Act 2000.
The Principal is responsible for:
- leading the University community on matters of race equality
- promoting race equality and good race relations inside and outside
the University.
Deans, Heads of Departments/Schools and Managers are responsible for:
- implementing the Race Equality Policy by translating it into actions
within their area(s) of responsibility
- raising awareness of the Race Equality Policy at local level, and ensuring
their staff understand their responsibilities and contribute positively to an
environment free from racial discrimination
- identifying opportunities to enhance equality of opportunity and good
race relations
- tackling any instance or complaint of racial discrimination.
The Equal Opportunities Working Group is responsible for:
· highlighting areas of improvement at institutional level for consideration
by the appropriate University Committee and, ultimately, the University Court.
All Staff are responsible for:
- avoiding unlawful discrimination against anyone for reasons of race, colour, nationality or ethnic origins
- challenging incidents of bias and stereotyping on grounds of race, colour, nationality or ethnic origins
- complying with the Race Equality Policy
- taking up training or learning opportunities provided by the University on equal opportunities matters.
Contractors, Service Providers and Users are responsible for:
- complying with the Race Equality Policy.
7.4 Policy Development and Implementation
- In accordance with the University's intention to mainstream equality,
the development of any policy, procedure and practice, both at institutional
or local level, should give due consideration and weight to race equality.
All staff will have a duty to consider the impact of their actions on achieving
race equality when implementing policies and to highlight issues that do not
support the University's race equality aims. Deans, Heads of Departments/Schools
and Managers are responsible for assessing the impact of local policies and
procedures to ensure that inequality or disadvantage, based on race, is eliminated.
At University level, central policies and practices will be kept under review
to ensure that there is no institutional bias, in any form.
7.5 Consultation
- The University of Dundee values input into the development of policy
and practice from all members of the University community. A range of consultation
mechanisms, appropriate to particular circumstances, will be employed to obtain
the opinions and ideas of students, staff and other users of the University's
services. The methods will include reference to University groups that represent
minority ethnic students, the Trades Union in respect of staff, together with
general consultation through the media of the University magazine, The Student
Times, open forums and attitude surveys.
7.6 Ethnic Monitoring
- The University will conduct ethnic monitoring to assess the effect of
student and employment policies on the delivery of access and equality of
opportunity to education and work, particularly for people belonging to minority
ethnic groups. The data obtained from ethnic monitoring will inform strategy
and the decisions about actions that should be taken to advance race equality
and representation at the University. For comparison purposes, reference will
be made to the ethnic data provided by the Higher Education Statistical Agency
and other relevant sources.
7.7 Publication of Results
- Annually, the results of ethnic monitoring will be published on the University
website, which will be generally available to students and staff. The data
will be presented as percentages to avoid identification of individuals.
7.8 Policy Review
- The Race Equality Policy, as part of the Equal Opportunities Policy will
be kept under review by the Equal Opportunities Working Group, which will
recommend any changes, resulting from new legislation or adopted practice,
through the Human Resources Committee to the University Court.
7.9 Training
- Equal Opportunities training is available to staff on request by Heads
of Departments/Schools by application to Personnel Services. Equal opportunities
will be highlighted at the staff induction training course and will feature
as a component part of all training undertaken by the University. Evaluation
of the training will be scrutinised and acted upon to ensure it is meeting
the needs of the participants.
7.10 Promotion of the Race Equality Policy
- The Equal Opportunities Policy, which includes the Race Equality Policy,
is available from Faculty Offices and each department of Student Services.
All staff will receive a copy of the policy with their Contract of Employment.
- To obtain copies of the policy in special formats, students should contact
the Equal Opportunities Officer (Students), Student Advisory Service and staff
should contact the Equal Opportunities Officer (Staff), Personnel Services.
7.11 Breaches of the Policy
- The Race Equality Policy exists to eliminate racial discrimination and
to promote equality of opportunity and good relations between persons of different
racial groups. Any breach of the policy by a student or member of staff will
be taken seriously, investigated, and if warranted, may, ultimately, result
in exclusion or dismissal.
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8.HARASSMENT AND BULLYING POLICY
8.1 (i)The University aims to create a stimulating and supportive environment
for learning, research and work. It accepts that such an environment cannot
be created or sustained if students and staff are individually or collectively
subject to harassment, intimidation, aggression or coercion. The University's
group of Harassment Contacts offers a confidential first point of contact to
anyone subjected to harassment in any form. Personal harassment will be regarded
as a serious matter that could result in disciplinary action being taken against
the harasser. The University has a 'Harassment and Bullying Policy' which can
be obtained from the Student Advisory Service www.dundee.ac.uk/adviceguidance
or from Personnel Services.
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9.GRIEVANCE PROCEDURE
9.1 (i)The University will give a full hearing to any applicant, student
or member of staff who believes that he or she has been treated in a way that
is not consistent with the Equal Opportunities Policy. Further information can
be obtained from the Equal Opportunities Officer (Students) in the Student Advisory
Service www.somis.dundee.ac.uk/sec/academic/complaints.htm or the Equal Opportunities
Officer (Staff), Personnel Services
9.2The Procedure for complaints that equal opportunities have been denied
is as follows:
- A member of staff or student who feels that he or she has been discriminated
against in any way can in the first instance raise the matter through the
normal channels within their department to see if it can be resolved at departmental
or faculty level . If they do not wish to do this, or if they feel this has
been tried but has not resolved the issue, they should approach one of the
Equal Opportunities Officers with that complaint. The individual may be accompanied
by a staff or student colleague as appropriate or staff representative, who
may be a local union official. Complaints will normally be treated in the
strictest confidence at this stage and Heads of Department/School or other
staff will not normally be involved without the knowledge and permission of
the individual bringing the matter forward. This will however depend on the
nature of the situation or incident. The purpose of the meeting will be to
discuss the nature of the problem and to arrive, if possible, at an acceptable
solution.
- If, after preliminary discussion with the Equal Opportunities Officer,
the complainant wishes to proceed with a formal complaint, the Equal Opportunities
Officer will conduct an initial investigation into the complaint and will
report the findings to a Senior Officer, usually the Secretary, Vice-Principal
or one of the Deputy Principals, for appropriate action to be taken.
- Appropriate action by the senior officer might include: instigating
further discussion, writing a letter giving guidance to the involved parties,
or deciding that a disciplinary hearing should be held.
- Individuals who have been found to have deliberately breached the University's
Equal Opportunities Policy may be subject to disciplinary action. In such
cases, the University's existing Disciplinary Procedures and Regulations will
be used.
- The University is committed to the independent review of the students'
complaints system currently being developed by Universities Scotland.
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LEGISLATION AND CODES OF PRACTICE - ANNEX 1
Legislation
- Equal Pay Act 1970
- Rehabilitation of Offenders Act 1974
- Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
- Sex Discrimination Acts 1975, 1986
- Race Relations Act 1976
- Equal Pay (Amendment) Regulations 1983 (Statutory Instruments No: 1794)
- Industrial Tribunal (Rules and Procedure) (Equal Pay Amendments) Regulations 1984 (Statutory Instruments No 1807)
- Disability Discrimination Act 1995
- Employment Protection (Part-time Employees) Regulations 1995
- Occupational Pension Schemes (Equal Access to Membership) Regulations 1995
- Employment Rights Act 1996
- Gender Reassignment Act 1999
- Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
- Race Relations (Amendment) Act 2000
- Special Educational Needs and Disability Act 2001
- Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
- Employment Act 2002
- Employment Equality (Age) Regulations 2006
- Equality Act 2006
- Employment Equality (Religion or Belief) Regulations 2003
- Employment Equality (Sexual Orientation) Regulations 2003
E C Legislation
- Equal Pay Directive, 75/117/EEC
- Equal Treatment Directive, 76/207/EEC
- Occupational Social Security Directive, 86/378/EEC
Codes of Practice
- Race Relations Code of Practice for the elimination of racial discrimination
and the promotion of equality of opportunity in employment. (Commission for
Racial Equality 1 April 1984) Code of Practice for the elimination of discrimination
on the grounds of sex and marriage and the promotion of equality of opportunity
in employment. (Equal Opportunities Commission, Great Britain, 30 April 1985).
- Code of Practice on the Race Relations (Amendment) Act 2000 (Commission
for Racial Equality 2002).
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