Harassment and bullying

All university staff and students are covered by this policy, which also aims to ensure that university staff are not subjected to unacceptable behaviour by contractors or service providers used by the university.

Roles	Responsibilities
Imperial College London	Ensure staff are not subjected to unacceptable behaviour by contractors or service providers, and that harassment, bullying, and/or victimisation do not occur.
Deans, Head of Departments/Divisions and all managers	Make every effort to ensure that harassment, bullying or victimisation does not occur, particularly in the areas of work for which they are responsible
All Staff	To comply with, and demonstrate active commitment to, this policy and to ensure colleagues, clients, students, visitors, etc., are treated with dignity and respect
People Function	Offer advice and support as detailed within the policy
Trade Unions	Offer support and assistance as detailed in the policy
Harassment Support Contacts	Act as a sounding board by giving individuals an opportunity to talk through their concerns

1.0  Policy Statement

1.1  As part of its overall commitment to equality of opportunity and valuing diversity, Imperial College London is committed to promoting and ensuring a working environment where individuals are treated with respect and courtesy. Harassment, bullying and/or victimisation detracts from a productive working environment. It can affect the health, confidence, morale and performance of those affected, including anyone who witnesses or has knowledge of the unwanted behaviour.

1.2  Imperial has a legal duty to protect its members of staff. This policy emphasises that harassment, bullying, and/or victimisation are unacceptable, whether in or outside the workplace, where they involve or affect Imperial in any way. Such conduct must not be ignored, and any complaints of harassment, bullying and/or victimisation of any individual who makes a complaint of harassment or bullying will be taken seriously and investigated as a matter of urgency. Harassment, bullying and victimisation are viewed as gross misconduct, and disciplinary action, including dismissal, may be taken if any complaint is upheld. All members of staff have an obligation to comply with this policy.

1.3 This policy aims to prevent harassment, bullying and/or victimisation, provide guidance to resolve any problems should they occur, and avoid recurrence.

1.4  It is the responsibility of all line managers to make sure that their staff have familiarised themselves with and understand this policy. Line managers have an obligation to tackle harassment, bullying and victimisation.

1.5  The University's Trade Unions have been consulted on this document, and it complies with the Equality Act 2010, the Health and Safety at Work Act 1974, the Criminal Justice and Public Order Act 1994, and the Prevention of Harassment Act 1997.

1.6  Imperial treats equality of opportunity seriously and has an equality framework that applies to staff to promote and ensure equality of opportunity. Implementation of this procedure must be clear, transparent, and free of any unfair or discriminatory practices.

Line managers and supervisors are required to familiarise themselves with and understand this procedure.

2.0  Definitions

2.1  Harassment: Men and women have a right not to be subjected to harassment at work. Under the Equality Act 2010, harassment takes place when an individual engages in unwanted conduct, related to another’s protected characteristic(s), which has the purpose or effect of violating another person’s dignity, or creating an intimidating, hostile, degrading or offensive environment for that person. In deciding whether the unwanted conduct has the effect referred to, consideration must also be given to whether it is reasonable for the conduct to have that effect.

The Protection from Harassment Act 1997, which is also subject to an objective test, covers a wider range of behaviours that cause alarm or distress, including stalking. There must be a course of conduct, comprising two or more occasions, and the conduct must be of sufficient seriousness to amount to a criminal offence. This policy is informed by both Acts and is intended to apply only to conduct that meets the relevant legal standards. Legal protection from harassment is also afforded to individuals, even if they do not possess the protected characteristic or the unwanted conduct is not directed at them. 

Harassment can take a variety of forms and can be written, verbal, nonverbal, or transmitted electronically. Examples include repeatedly ignoring a colleague, subjecting them to unwelcome attention, ridicule or humiliation. More extreme forms of harassment and bullying include intimidation, physical threats or violence. Harassment may consist of a single incident or a series of incidents and may not always be directed at or be about the person who makes a complaint of harassment. Harassment may not always be intentional, but it is always unacceptable, whether deliberate or not.

All forms of harassment, intentional or not, are covered by this policy and procedure. The following are examples of what might constitute unacceptable behaviour. The following examples are illustrative only and do not represent a categorical definition of harassment. Whether particular conduct constitutes harassment will be assessed on a case-by-case basis, considering its purpose or effect:

• Sexual harassment can be physical conduct ranging from the invasion of personal space and/or inappropriate touching to serious assault. It can include questions or remarks about a person’s sex life, comments or ridicule about appearance or dress, unwanted sexual advances, sexually explicit remarks or innuendoes and/or pressure for sexual favours, displays or distribution of pornographic or sexually suggestive material, including graffiti, posters or other offensive material.
• Racial harassment may include obscene gestures or jokes about, or gratuitous references to, a person’s colour, race, religion or nationality. It can consist of deliberate exclusion based on race. It can also include offensive remarks about dress, culture, or customs that ridicule or undermine an individual, or foster hatred and/or prejudice towards individuals or particular ethnic groups. It also includes inappropriate displays of posters or other offensive material. In some circumstances, it can involve pressure to join political/religious groups.
• Harassment of people with disabilities can take the form of individuals being ignored, disparaged, ridiculed or denied opportunities because of mistaken assumptions about their capabilities. In such cases, disability, rather than ability, has become the focus. Such harassment can include inappropriate personal remarks, jokes or inappropriate references to an individual’s appearance.
• Harassment on the grounds of actual or perceived sexual orientation can include homophobic remarks or jokes (whether spoken, written or sent by email), offensive comments relating to a person’s sexuality, threats to disclose a person’s sexuality to others or offensive behaviour/abuse relating to HIV or AIDS status.
• Harassment on the grounds of religion or belief can include jokes or insults about items of clothing, religious artefacts, religious beliefs, philosophical and other protected beliefs (including gender-critical beliefs) or rituals.
• Harassment on the grounds of gender reassignment can include jokes, name-calling, humiliation, exclusion or being singled out for different treatment.
• Harassment on the grounds of age can include jokes or insults about a person’s age, or singling a person out for different treatment because of their age.

2.2  Bullying:  The exercise of power over another person through persistent, negative acts or behaviour that undermines an individual, personally and/or professionally. Bullying can be threatening, insulting, abusive, disparaging or intimidating behaviour, placing inappropriate pressure on the recipient, which can affect self-confidence and self-esteem or has the effect of isolating or excluding them. Bullying can take the form of persistent shouting, sarcasm or derogatory remarks; it can be constant criticism, without constructive support, to assist a member of staff to address performance concerns; it may also include cyberbullying, i.e. using the internet and related technologies to harm another person in a deliberate, repeated and hostile manner.

The distinction between good management and bullying is that, whilst the former is intended to support and develop potential and to promote desired work performance, the latter is designed to hurt, intimidate and undermine the individual.

2.4   Victimisation: Imperial will not tolerate victimisation against a member of staff because they have made, or intend to make, a complaint or allegation, or have given, or intend to give, assistance and/or evidence in an investigation. Imperial will also not tolerate victimisation or discrimination against former members of staff, for example, by refusing to provide a reference because the person has made a genuine complaint.

3.0       Responsibilities

3.1  Imperial is legally responsible for ensuring that harassment or victimisation on the grounds of someone’s race, sex, sexual orientation, religious or protected belief [including lack of belief], gender reassignment, disability or age does not take place at work. Harassment can constitute a criminal offence under the Criminal Justice and Public Order Act 1994 and the Prevention of Harassment Act 1997.

3.2  In addition, under the Health and Safety at Work Act 1974, Imperial is responsible for the health, safety and welfare at work of all members of staff, and is liable for the actions of its members of staff at work and in any work-related setting outside the university, e.g. trips, work-related social events, etc.

3.3  Imperial also has a responsibility to ensure that its members of staff are not subjected to unacceptable behaviour by contractors or service providers. Any complaints about such behaviour or conduct should be made to the manager responsible for engaging the contractor. The line manager will be responsible for taking it forward in conjunction with the Imperial section that has retained the contractor or service provider. Contractors or service providers who breach this policy may be deemed in breach of contract, leading to the removal of an individual from an Imperial site or the termination of the contract.

3.4  Faculty Principals, Heads of Departments/Divisions, and all other managers have a duty to implement this policy, and to make every effort to ensure that harassment, bullying or victimisation does not occur, particularly in the areas of work for which they are responsible. Any concerns relating to harassment, bullying or victimisation must be investigated promptly and effectively. It is not acceptable for any manager to ignore unacceptable behaviour.

3.5  All members of staff must comply with, and demonstrate active commitment to, this policy. Staff are required to respect the age, beliefs, convictions and orientation of others and not behave in ways that cause offence or could be considered harassment, bullying or victimisation. Each member of staff has a responsibility to ensure colleagues, clients, students, visitors, etc., are treated with dignity and respect.

3.6  All members of staff should discourage harassment, bullying or victimisation by making it clear that they find such behaviour unacceptable and by supporting colleagues who suffer such treatment and who are considering making a formal complaint. Staff should alert a manager or supervisor to any incident of harassment, bullying, or victimisation so that Imperial can address the matter.

4.0  Support Contacts

It is advisable to talk to someone before taking any action, either informally or formally.

4.1  People Function

4.1(i)    Members of staff can seek support and advice from the People Function at any stage of this procedure.
People Function contact pages. 

Members of staff who have been accused of harassment, bullying or victimisation have the option to be provided with a People Function representative not involved in the case to provide procedural guidance. Please see Appendix B.

4.2 Trade Unions Representation and Support

4.2(i) During the informal stages of the resolution procedure, trade union representatives are available to provide support. At the formal stages of this procedure, the members of staff are entitled to representation or assistance from a trade union representative or a work colleague. For more information on the role/ support provided by representatives, please visit the Trade Union web pages. 

4.3  Counselling

4.3(i)    Confidential counselling is available to all Imperial staff through the university's Employee Assistance Provider, Confidential Care (CiC).

4.4  Harassment Support Contacts

4.4(i)    The establishment of Harassment Support Contacts (HSCs) is an integral part of this policy; additional information is attached in Appendix B.  HSCs will be matched with, or selected by, individual members of staff who are concerned that they are the subject of harassment, bullying or victimisation at work. The role of an HSC is to act as a sounding board by giving individuals an opportunity to talk through their concerns with a trained member of staff who will respect their privacy, discuss options and implications, and generally provide confidential and informal support.

Harassment Support Contacts web page.

4.4(ii)   Imperial will ensure, where possible, that members of staff can raise issues, should they wish, with someone of their own sex, gender, age range, sexuality, religion, race, or with someone aware of disability issues.

4.4(iii)  HSCs are expected to attend initial and refresher training. HSCs will also monitor the effectiveness of the policy and work with the People Function to develop monitoring and evaluation systems, ensuring confidentiality and privacy are not breached.

5.0  Considering making a complaint of Harassment, Bullying or Victimisation under the Resolution Policy and Procedure.

5.1   No single or persistently upsetting behaviour is too trivial to raise through the Resolution Procedure. For assistance, help and guidance in the initial (informal) stage, a member of staff should contact either a designated Harassment Support Contact, Trade Union representative or a work colleague.

5.2  If a member of staff considers that they are experiencing harassment, bullying, and/or victimisation, several options are available. Depending on the nature of the allegation, the member of staff may wish to take individual action, instigate the informal stage of the Resolution Procedure, or request that the formal stage be set in motion (please visit the web page). Imperial does not want any member of staff to suffer distress or to leave their job because they are being subjected to harassment, bullying or victimisation.

5.3  It is recommended that, where possible and appropriate, attempts to resolve the problem informally should be taken in the first instance. It is, however, up to the member of staff to decide how he or she wishes to proceed, and they may choose to start at either the Informal or Formal Stage of the Resolution Procedure.

5.4  It should be noted that if a member of staff wishes to remain anonymous, it may not be possible to take any action against the person offending. It may, however, address a complaint through indirect methods, such as publicising and drawing attention to this policy, and through training initiatives.

5.5  Difference in culture, attitude and experience can mean that what is perceived by one person as harassment, bullying and/or victimisation may not seem so to others. In line with legislation, Imperial will apply a test of reasonableness to claims, taking all the circumstances into account at a hearing.

5.6  A member of staff will not suffer any detriment, such as in relation to pay, promotion or access to opportunities, by making a complaint when it is made in good faith.

5.7  A record of any such incidents or discussion and copies of any correspondence should be kept by the member of staff if follow-up action becomes necessary.

6.0  Procedure for Dealing with Complaints from Students

6.1  Full advice about dealing with harassment is given in the Students’ Handbook. It will be pursued under Imperial’s procedure for dealing with student disciplinary offences, or under the appropriate staff disciplinary procedure. There is also a leaflet outlining the procedure for handling all student complaints. Guidelines on racial harassment are provided in Imperial's Promoting Race Equality Policy and Code of Practice Relating to Teaching, Widening Participation, and Student Services. All students are made aware of these procedures and are given full support in raising and resolving any harassment complaints satisfactorily.

6.2  Any complaint or allegation from a student relating to harassing or bullying behaviour by a member of Imperial's staff will be dealt with under this Harassment and Bullying policy.

6.3  Should a member of staff wish to make a complaint against a student, they should first raise the issue with their People Function Manager so that the necessary support and guidance can be given, and so that a decision can be made on whether to refer the complaint so that it is dealt with under the students’ disciplinary code.

7.0  Monitoring the Policy

7.1  This policy has been approved by Imperial's Equal Opportunities & Diversity Committee. The Committee will keep the implementation of this policy under regular review. Senior managers within the People Function will monitor the effectiveness of the policy and the role of HSCs. The range and number of cases will also be monitored to enable action to address any issues of concern. All cases should be reported to your People Function representative.

Appendix A

Legal Definition of Harassment, Bullying and Victimisation

Definitions

1   Harassment: 

2.0  Men and women have a right not to be subjected to harassment at work. Under the Equality Act 2010, harassment takes place when an individual engages in unwanted conduct, related to another’s protected characteristic(s), which has the purpose or effect of violating another person’s dignity, or creating an intimidating, hostile, degrading or offensive environment for that person. In deciding whether the unwanted conduct has the effect referred to, consideration must also be given to whether it is reasonable for the conduct to have that effect.

The Protection from Harassment Act 1997, which is also subject to an objective test, covers a wider range of behaviours that cause alarm or distress, including stalking. There must be a course of conduct, comprising two or more occasions, and the conduct must be of sufficient seriousness to amount to a criminal offence. This policy is informed by both Acts and is intended to apply only to conduct that meets the relevant legal standards. Legal protection from harassment is also afforded to individuals, even if they do not possess the protected characteristic or the unwanted conduct is not directed at them. 

Harassment can take a variety of forms and can be written, verbal, nonverbal, or transmitted electronically. Examples include repeatedly ignoring a colleague, subjecting them to unwelcome attention, ridicule or humiliation. More extreme forms of harassment and bullying include intimidation, physical threats or violence. Harassment may consist of a single incident or a series of incidents and may not always be directed at or be about the person who makes a complaint of harassment. Harassment may not always be intentional, but it is always unacceptable, whether deliberate or not.

All forms of harassment, intentional or not, are covered by this policy and procedure. The following are examples of what might constitute unacceptable behaviour. The following examples are illustrative only and do not represent a categorical definition of harassment. Whether particular conduct constitutes harassment will be assessed on a case-by-case basis, considering its purpose or effect:

• Sexual harassment can be physical conduct ranging from the invasion of personal space and/or inappropriate touching to serious assault. It can include questions or remarks about a person’s sex life, comments or ridicule about appearance or dress, unwanted sexual advances, sexually explicit remarks or innuendoes and/or pressure for sexual favours, displays or distribution of pornographic or sexually suggestive material, including graffiti, posters or other offensive material.
• Racial harassment may include obscene gestures or jokes about, or gratuitous references to, a person’s colour, race, religion or nationality. It can consist of deliberate exclusion based on race. It can also include offensive remarks about dress, culture or customs which have the effect of ridiculing or undermining an individual, or fostering hatred and/or prejudice towards individuals or particular ethnic groups. It also includes inappropriate displays of posters or other offensive material. In some circumstances, it can involve pressure to join political/religious groups.
• Harassment of people with disabilities can take the form of individuals being ignored, disparaged, ridiculed or denied opportunities because of mistaken assumptions about their capabilities. In such cases, disability, rather than ability, has become the focus of attention. Such harassment can include inappropriate personal remarks, jokes or inappropriate references to an individual’s appearance.
• Harassment on the grounds of actual or perceived sexual orientation can include homophobic remarks or jokes (whether spoken, written or sent by email), offensive comments relating to a person’s sexuality, threats to disclose a person’s sexuality to others or offensive behaviour/abuse relating to HIV or AIDS status. 
• Harassment on the grounds of religion or belief can include jokes or insults about items of clothing, religious artefacts, religious beliefs, philosophical and other protected beliefs (including gender-critical beliefs) or rituals.
• Harassment on the grounds of gender reassignment can include jokes, name-calling, humiliation, exclusion or being singled out for different treatment.
• Harassment on the grounds of age can include jokes or insults about a person’s age, or singling a person out for different treatment because of their age.

2  Bullying:  The exercise of power over another person through persistent, negative acts or behaviour that undermines an individual, personally and/or professionally. Bullying can be threatening, insulting, abusive, disparaging or intimidating behaviour, placing inappropriate pressure on the recipient, which can affect self-confidence and self-esteem or has the effect of isolating or excluding them. Bullying can take the form of persistent shouting, sarcasm or derogatory remarks; it can be constant criticism, without constructive support, to assist a member of staff to address performance concerns; it may also include cyberbullying, i.e. using the internet and related technologies to harm another person in a deliberate, repeated and hostile manner.

The distinction between good management and bullying is that, whilst the former is intended to support and develop potential and to promote desired work performance, the latter is designed to hurt, intimidate and undermine the individual.

3   Victimisation: Imperial will not tolerate victimisation against a member of staff because they have made, or intend to make, a complaint or allegation, or have given, or intend to give, assistance and/or evidence in an investigation. Imperial will also not tolerate victimisation or discrimination against former members of staff, for example, by refusing to provide a reference because the person has made a genuine complaint.           

Appendix B
HARASSMENT SUPPORT CONTACTS NETWORK - FAQS 

What is the difference between harassment and bullying?

Harassment and bullying both involve behaviour which harms, intimidates, threatens, victimises, undermines, offends, degrades or humiliates.

Harassment is always linked to anti-discrimination legislation, and thus will focus on sex, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, ethnic background, colour, religion or belief [including lack of belief], sexual orientation, age or disability. Harassment may be a single incident or a series of incidents.

Bullying is repeated inappropriate behaviour, direct or indirect and by one or more persons which undermines an individual’s right to dignity.

What are some actual examples of bullying or harassing behaviours?

Discriminatory harassment can take many forms. The following list is not comprehensive and serves as an example only:

• Offensive material that is displayed publicly
• Verbal abuse or comments that belittle people
• Unwelcome and hurtful jokes
• Direct or subtle threats
• Offensive gestures
• Ignoring, isolating or segregating a person
• Staring or leering in a sexual way
• Unwanted physical contact of a sexual nature
• Aggressive physical behaviour
• Repeated behaviour which a person has previously objected to
• Offensive comments or conduct to or about a third person

What is electronic harassment/ bullying?

Electronic harassment can occur through electronic media, such as email, instant messaging, social networking websites (e.g., Facebook, Twitter, blogs), or text messages. When sending emails, all members of staff and students should consider the content, language and appropriateness of such communications, and bear in mind Imperial's policy relating to Conditions of Use of IT Facilities:

The Conditions of Use outline that Users of Imperial IT facilities must:

“Not display, store, receive or transmit images or text which could be considered offensive, e.g. material of a sexual, pornographic, paedophilic, sexist, racist, libellous, threatening, defamatory, of a terrorist nature or likely to bring [Imperial] into disrepute.”

 If incidents of what might be online bullying or harassment are reported, they will be dealt with in the same way as if the alleged bullying or harassment had occurred in a face-to-face setting.

What are the possible effects of bullying or long-term harassment?

Everyone will have a very individual reaction, which will vary according to their personality and state of health, as well as the intensity or nature of the bullying and harassment. The following are examples of common reactions:

• Stress and/or sleep disturbance
• Fatigue
• Panic attacks or general anxiety
• Depression
• Impaired ability to work/concentrate
• Loss of self-confidence and/or self-esteem
• If sustained, bullying can cause lasting damage to a person’s self-confidence.

How extreme does it have to be?

Whilst some bullying and harassment may involve verbal abuse and physical violence, it can also be subtle intimidation, such as inappropriate comments (whether to you or to another person), or unrealistic, embarrassing or degrading demands. If you feel that you are being harassed or bullied or that your working environment is offensive, you should do something about it.

What is a Harassment Support Contact (HSC)?

The role of an HSC is to act as a sounding board by giving individuals an opportunity to talk through their concerns with a trained member of staff who will respect their privacy, discuss options and implications, and generally provide confidential and informal support. They may also recommend that the member of staff talks to their trade union representative if they are a member of the union.

Who do the HSCs report to?

The harassment support contacts are part of a confidential volunteer network and, as such, do not formally report to anyone. They have support from the equality and diversity team here at Imperial, and top-level endorsement from management who recognise the valuable contribution these roles make. Any information shared with an HSC is confidential and, unless you direct them to do so, will not be shared with a third party.

How does the HSC network relate to the Harassment Policy?

Seeking support from an HSC does not form any part of formal procedures. Because of its anonymous, confidential nature, it is often used before formal procedures are invoked.   The HSC volunteers keep no written records, but individuals can take notes if they so wish. However, HSCs cannot be called as witnesses for the person making the complaint under the formal process.

Can anyone become a HSC?

All staff are welcome to apply to become a support contact. Volunteers should register their interest with Kani Kamara, Equality & Diversity Manager, so that appropriate training can be arranged. The selection and training process includes pre- and post-interviews to assess suitability.

What qualifications do the HSCs have?

The role of HSCs does not include counselling, so they do not require formal qualifications. All HSCs have been through an Imperial-supported training programme, which includes regular refreshers and additional training, such as mediation training. 

When should you contact an HSC?

You can contact an HSC whenever you feel that confidential support would be of use to you. It can be useful to talk through any incidents at an early stage before the situation escalates.   

Appendix C

 GUIDANCE FOR THOSE ACCUSED OF HARASSMENT, BULLYING OR VICTIMISATION

• If you are approached informally by a member of staff about your behaviour, do not dismiss the complaint. Remember that all people find different things acceptable, and everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. You may have offended them without intending to, and a simple apology may resolve the matter.

• If accused of harassment or bullying, you may wish to contact your Faculty/Departmental People Function Manager, who can refer you to someone in the People Function not involved in the particular case. Alternatively, or in addition, the Trade Unions and/or Confidential Care (CiC) can supply support.

• Those who are the subject of a complaint will be treated with respect. Confidentiality will be maintained, but there are limits: the complaint, any witness statements, and the investigator’s report will be seen by those who need to be involved.

• If you believe the accusation to be unfounded, you should say so and participate willingly in the proceedings, so that the situation can be resolved informally or formally. You should also be prepared to participate in mediation if this is identified as an appropriate solution.

• If the evidence suggests that the complaint was made vexatiously or maliciously, disciplinary action may be taken against the complainant (up to and including dismissal).

• During the formal procedure, both you and the complainant may wish to be accompanied at meetings by a work colleague or a Trade Union representative. Under exceptional circumstances, the manager and People Function representative will consider requests for accompaniment by a relative or friend; this individual must not be a legal representative.

• Wherever possible, Imperial will try to ensure that during investigations, the relevant parties are not required to work together. If the allegation is of gross misconduct, you may be suspended on full pay during the investigation and until the disciplinary proceedings have been concluded.

• If a complaint is not upheld, you should expect your line manager to take steps to restore a reasonable working relationship between you and the complainant. You must not victimise a member of staff who has made a complaint in good faith against you or anyone who has supported them in making the complaint or given evidence in relation to such a complaint.

• If a complaint is upheld, a disciplinary sanction may be imposed up to and including dismissal without notice. If the complaint is upheld, but you are not dismissed, Imperial could decide to transfer you to another role.

• In addition, or as an alternative to a disciplinary sanction, guidance or counselling may be offered to support you to understand how your behaviour affected the complainant.

• Both you and Imperial can also be subject to criminal as well as civil prosecution, and you could be personally liable and have to pay compensation yourself.