Policy
Dignity at work and study policy and procedures (harassment and bullying)
Updated on 23 July 2024
We are committed to providing an inclusive, accessible and positive learning and working environment that is free from harassment, bullying or victimisation
Our vision and strategy set out our core values of:
- Valuing people
- Working together
- Integrity
- Making a difference
- Excellence
These values are at the heart of our actions and all decision taken should centre these.
1. Policy Statement
The University wants our community to study and work in a positive environment, where they can thrive and grow our vibrant, inclusive campus. To grow an inclusive campus all students and staff are expected to act and behave in a respectful and inclusive manner, reflecting the University’s values.
Our global campus environment (including digital) should be free from harassing and bullying behaviours. Should any member of our community experience these behaviours, these allegations will be taken seriously and dealt with promptly.
This policy and appendices outline the University’s approach and response to allegations of harassment, bullying and victimisation.
2. Scope
The responsibilities under this Dignity at Work and Study Policy apply to all staff and students at the University and any agent or representative of the University including any third-party contractor or supplier.
The protections afforded under the Dignity at Work and Study Policy are intended to apply to the following people who may have an interaction with the University.
- All matriculated students at the University.
- All non-matriculated students at the University who have associate status.
- All employed staff.
- All secondees, contractors and visiting staff from other institutions whilst they are undertaking business on behalf of the University.
- All honorary, emeritus and associate staff whilst they are undertaking business on behalf of the University.
- All contractors whilst participating in University contracted activity.
3. Definitions
The types of harassment as set out in the Equality Act 2010 are detailed in appendix A.
Harassment is defined as unwanted behaviour related to any of the protected characteristics as outlined in the Equality Act 20102. The unwanted behaviour must either violate the person’s dignity and/or create an intimidating, hostile, degrading, humiliating or offensive environment for the person.
It can be harassment if the behaviour:
- has one of these effects even it was not intended.
- intended to have one of these effects even if it did not have that effect.
By law, whether someone's behaviour counts as harassment depends on:
- the circumstances of the situation.
- how the person receiving the unwanted behaviour views it.
- if the person receiving the behaviour is 'reasonable' to view it as they do.
Examples of harassing behaviours are in appendix B.
Bullying is defined as unwanted behaviour from a person, or a group which is offensive, intimidating, malicious, or insulting, it is an abuse or misuse of power that undermines, humiliates or causes physical or emotional harm to someone.
Bullying might:
- be a regular pattern of behaviour or a one-off incident.
- happen face-to-face, on social media, in emails or calls.
- happen at work or in other work-related situations.
- Happen in a studying or learning environment.
- not always be obvious or noticed by others.
It is possible someone might not know their behaviour is bullying. It can still be bullying even if they do not realise it or do not intend to bully someone.
Examples of bullying behaviours are in appendix C.
4. Responsibilities
The University’s responsibilities are to:
- Take incidents of harassment and bullying seriously and dealt with promptly.
- Ensure those in scope of this policy are treated fairly, as outlined in the Equality Act 2010.
- Support those who report incidents, so they are not victimised.
- Communicate this policy to the campus community, ensuring the community is aware of the standards of behaviour expected by all community members.
- Malicious, vexatious, or spurious allegations will be dealt with appropriately.
Managers’/advisers'/supervisors' responsibilities are to:
- Create a positive working and/or learning culture, by encouraging and role modelling positive behaviours.
- Ensure their teams/students are aware of this policy, and how to report incidents.
- Deal with any reports of harassing or bullying behaviour promptly, through an informal resolution.
- Will actively listen to concerns from any reporting party, taking their report seriously, and treating it with the appropriate level of confidentiality.
- Seek advice and guidance in support of resolving concerns raised under this policy if required.
Individual responsibilities are to:
- Treat each other with dignity and respect and in line with the University values.
- Educate themselves in the implementation of this policy.
- Actively address inappropriate behaviour when they see it.
- Understand reporting mechanisms for reporting inappropriate behaviours and use and disseminate them.
It should be noted that this policy does not inhibit robust conversations about academic content and/or performance management, but rather supports that these conversations are conducted constructively.
5. Procedures
The University has informal and formal resolution procedures in place to resolve issues for students and staff who think they may be subject to harassing or bullying behaviour covered under this policy. The University would recommend attempting the informal resolution process initially unless you feel that your complaint is of a more serious nature, which would not be appropriate to be dealt with by informal means. How you choose to progress your complaint is up to you but following this route should allow the University to resolve your complaint efficiently.
5.1 Informal resolution
Informally resolving issues that arise in a workplace or educational context is often the quickest and most effective form of resolution. The University has measures in place to support with this informal resolution, these are outlined below.
5.1.2 Only if you feel safe and able to do so, you could try and approach the person who has been subjecting you to the harassing or bullying behaviour to inform them that their conduct towards you is unacceptable. This can be communicated in person or within an email.
It will be helpful to the person you are raising your concerns with directly if you are specific about their behaviour, by giving examples, and including when and where it happened. If you can articulate why this made you uncomfortable it will support them to reflect on the impact of their behaviour.
5.1.3 If you are uncomfortable or require support to approach the person you believe is subjecting you to unacceptable behaviour, you can request support from the Harassment Adviser Network (Appendix D) or from the Early Dispute Resolution (Appendix E) service.
In addition to this, students can request support from:
- Adviser of Studies
- Safeguarding
- DUSA
Staff can request support from:
- Line manager
- People Partner
- Trade Union representative
Outcomes of any discussion between you and the other person should ideally be agreed and recorded between you should any further follow up be required.
Should the allegations be of a serious nature, or if the informal process fails to produce a satisfactory resolution, then you can decide to progress your complaint through the formal resolution procedure set out in 5.2.
5.2 Formal resolution
A formal procedure should be followed:
- where a matter remains unresolved through the informal approach;
- if the problem continues after an agreed resolution; or
- if the matter is of a more serious nature, which would not be appropriate to be dealt with by informal means.
5.2.1 Formal procedure for students:
There are different processes depending on who the report is against; these are detailed below:
- A student can raise a formal complaint against a fellow student by submitting a Raising a Concern Form which will be reviewed by Safeguarding.
- A student can raise a complaint against a member of staff through the Complaints Handling Procedure. Depending on the nature of the complaint and/or the outcome of the complaint resolution process, this may be referred into the Disciplinary Procedure.
Timeframes for these processes are detailed in the procedures but may vary depending on the seriousness of the case.
5.2.2 Formal procedures for staff:
There are different processes depending on who the report is against; these are detailed below:
- A staff member can raise a formal complaint against another staff member through the Grievance Procedure. If the People Directorate, consider it appropriate this may be taken into a Disciplinary Procedure.
- A staff member can raise a complaint against a student by submitting a Raising a Concern Form which will be reviewed by Safeguarding.
Timeframes for these processes are detailed in the procedures but may vary depending on the seriousness of the case.
6. Confidentiality
All reports of harassment and/or bullying must be treated seriously and with strict confidentiality. This applies to both the reporting and responding parties. All information provided as part of the process will be treated as confidential by those involved with, or as part of the process.
In certain circumstances there may be times where there is a legal obligation to share information with another party. For example, if a Harassment Adviser or Line Manager learns something which could give serious concern about an individual’s wellbeing. As part of safeguarding and considering the duty of care the University has this may mean this is escalated appropriately to either the School, Safeguarding team, or the People Directorate.
7. Relevant Policies
This policy has relevance with the following policies:
- Grievance Procedure
- Disciplinary Procedure
- Equality and Diversity Policy
- Student Discipline Procedure | University of Dundee, UK
- Complaints handling procedure guide for students | University of Dundee, UK
- Fitness to practise procedure | University of Dundee, UK
- Safeguarding protocol | University of Dundee, UK
- Safeguarding policy | University of Dundee, UK
- Support for students who are dealing with gender-based violence | University of Dundee, UK
- Close Relationships Policy
Appendix A – Definition of harassment in the Equality Act
Direct discrimination – is less favourable treatment directly because of a protected characteristic.
Indirect discrimination – putting rules or arrangement in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage.
Harassment – unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them.
Victimisation – treating someone unfairly because they have complained about discrimination or harassment.
Discrimination by association - occurs when a person is treated less favourably because they are linked or associated with a protected characteristic. The person does not have the protected characteristic, but they are treated less favourably than others because of a protected characteristic of a friend, spouse, partner, parent or another person with whom they are associated.
Discrimination by perception - happens when a person is discriminated against because they are thought to have a particular protected characteristic when in fact they do not.
Appendix B – Examples of harassing behaviours
Examples of harassment include, but are not limited to, the following:
- behaviour of a racist, sexist, homophobic, biphobic or ageist nature or similar behaviour towards an individual with a disability or undergoing gender reassignment, or trans people
- making derogatory or stereotypical remarks about a particular characteristic
- inappropriate comments about a person’s appearance, intrusive questions or comments about a person’s private life and malicious gossip
- any behaviour or abuse which may cause distress or embarrassment, such as name-calling, ridicule, insults, jokes or banter, graffiti, physical abuse, etc
- the invasion of personal space
- displaying offensive material (on paper or electronically)
- spreading malicious rumours or insulting someone
- preventing other people from progressing by deliberately blocking educational or training and development opportunities or promotion
- intentional isolation or exclusion
- sending or displaying material that is pornographic or that some people may find offensive (including e- mails, text messages, video clips and images sent by mobile phone or posted on the internet)
- persistent, unwelcome contact, that may include text messages, emails, phone calls, gifts, letters, calling at an individual’s home or place of work or study.
- stalking
- offensive sexual behaviour such as suggestive looks, leering and remarks, offensive flirtations, unwanted physical contact; unwanted sexual advances or demands for sex and compromising invitations.
- unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless), and suggestions that sexual favours may further a career or that a refusal may hinder it.
- making public that someone is gay, lesbian, bisexual or trans (outing) when they would prefer to keep this information private.
- intentional or repeated misuse of someone’s preferred name and pronouns. For example, choosing to refer to someone who identifies as female as male.
Appendix C – Examples of bullying behaviours
Bullying can take the form of physical, verbal and non- verbal conduct. The following list provides examples of the type of behaviours that could amount to bullying:
- abuse of power, position, knowledge or behaviour that causes fear or distress for others.
- shouting at, being sarcastic towards, ridiculing or demeaning others
- overbearing supervision, verbal, written or electronically transmitted abuse.
- physical or psychological threats
- the undermining of an individual through unfair work allocation and/or constant criticism
- threats relating to academic progression, promotion or ongoing employment.
- threats relating to the marking of course work, examination scripts or any other assessment relating to student progression.
- public ridicule, sarcasm, or humiliation
- excessive and unwarranted supervision or monitoring
- inappropriately removing duties and/or responsibilities
- derogatory remarks or unwarranted criticism
- refusal to delegate, where appropriate
- taking credit for someone else’s work but failing to take responsibility if something goes wrong.
- exclusion or isolation
- unreasonable refusal to co-operate, or withholding information/deliberately supplying wrong information so that another person is less able to do their job effectively.
- subjecting someone to group pressure
- making someone’s working life unreasonably difficult, for example, setting impossible deadlines, objectives and deliberately imposing an intolerable workload.
- verbal or practical jokes
Legitimate, reasonable and constructive criticism of performance or behaviour, or reasonable instructions given to staff or students in the course of their employment or study, will not amount to bullying on their own.
Appendix D – Harassment Advisers
The University has a volunteer network of employees who support staff and students who think they may be experiencing bullying or harassment.
The University has a duty of care for students, staff and visitors and is committed to maintaining an inclusive, accessible and positive learning and working environment that is free from any form of bullying and harassment. Harassment Advisers play a vital role in promoting this environment by being a useful support contact person for staff and students who have an issue with bullying or harassment.
Harassment Advisers are volunteers, who are provided with training which covers the law in relation to discrimination, harassment and bullying, the University’s Dignity at Work and Study Policy and their role.
The University recognises and appreciates the value of the contribution of this voluntary role and reasonable time off normal duties to fulfil this function will be given.
Purpose of the role is
- To raise awareness of the University’s Dignity at Work and Study Policy.
- To provide a confidential, as appropriate, listening service for staff and students who think they may be being bullied or harassed.
- To facilitate informal resolution in cases of harassment in line with the University’s Dignity at Work and Study Policy.
- To advise on the role of Harassment Adviser and provide guidance, assistance and advice on the courses of action available.
- To identify, and refer, serious allegations to the appropriate University authority.
Purpose of the role is NOT
- To undertake any investigations or decide on the validity of a complaint.
- To decide whether the behaviour / conduct of an individual(s) constitutes harassment.
- To take action against an alleged harasser.
- To represent or accompany individuals who choose to follow a formal procedure.
- To provide counselling.
Appendix E - Early Dispute Resolution (EDR) Team
The University has a team of accredited mediators who aim to help staff or students resolve a dispute with colleagues. The Early Dispute Resolution (EDR) team role is to be completely independent of the issues in the dispute and do not judge or rule on outcomes in any way.
All contact with the EDR Team is completely confidential.
Mediators aim to support individuals in resolving matters themselves by offering facilitating meetings in which the issues of conflict are considered carefully, and then possible solutions are explored.
A Mediator will not judge, nor decide who is right and who is wrong. Instead, they will be an independent voice of reason as both people consider possible options for resolving their issues. This enables the individuals to focus on their real interests and issues together and to consequently be in control of the possible resolution.
The Mediator:
- is neutral and has no vested interest in the outcome.
- will not impose a settlement or pass judgement.
- will identify common ground and help both people build on points as they come to agreement.
What does the Early Dispute Resolution team offer?
- Mediation between two or more individuals involved in a dispute.
- Development days and group mediation for teams who are not working well together.
- Individual support for members of staff who are having difficulties with someone they work with regularly.
- Individual support to managers of staff who are involved in a dispute.
What are the benefits of an informal (mediated) approach?
- Resolution can be achieved in days or weeks rather than months.
- Mediation can identify the core issues, which created the dispute in the first place.
- Many options can be explored and discussed together.
- Offers a sense of satisfaction in being able to achieve workable outcomes without someone else determining what those are.
- It keeps the focus on the future relationship rather than dwelling on the negativity of the past.
When can EDR/Mediation be used?
Mediation is an option for use at any time when both people genuinely want to see the end to a dispute or to ineffective negotiation.
It is best suited when:
- a negotiated settlement is desired.
- tensions and emotions are impeding communication.
- time and/or costs are a concern.
- the persons in dispute want or need to maintain or rebuild a working relationship.
Enquiries about using mediation to resolve a dispute can be made by emailing edr@dundee.ac.uk. All enquiries will be treated completely confidentially.