It is the policy of the Board of Management
of Scoil Naomh Fiachra, Clontubrid, to provide a supportive workplace
where staff members have a right to be free from all forms of harassment/bullying.
The Board of Management guarantees the right
of all employees to work in an environment which is free from all
types of harassment/bullying.
A complaint of harassment/bullying may, following
investigation, lead to disciplinary action. Board of Management disciplinary
procedures will be followed.
Objectives of this Policy
The objectives of this policy are to eliminate
harassment/bullying and to create a supportive environment where teaching
and ancillary staff have a right to carry out their work free from
harassment/bullying.
The protection of this policy extends to harassment/bullying
by
- Management;
- Co-workers;
- Clients;
- Business contacts;
- Parents and Pupils and
- Any person with whom the employee might
reasonably be expected to come in contact in the course of her/his
work.
The protection of this policy also extends
to any work-related contacts outside the school.
The Policy guarantees that all complaints will be taken seriously
and investigated promptly and that all parties involved will be treated
with respect.
Victimisation as a result of a member of staff raising a complaint
will not be tolerated and will be treated as harassment/bullying and
subject to disciplinary action. Staff will be protected from victimisation
or discrimination for assisting in an investigation.
Definition of Harassment/Bullying
The Health & Safety Authority defines bullying
as follows:
“Bullying in the workplace is repeated aggression,
verbal, psychological or physical, conducted by an individual or group
against another person or persons. Bullying is where aggression or
cruelty, viciousness, intimidation or a need to humiliate, dominate
the relationships. Isolated incidents of aggressive behaviour, while
to be condemned, should not be described as bullying. In the workplace
environment there can be conflicts and interpersonal difficulties.
Many of these are legitimate industrial relations difficulties, which
should be dealt with through the appropriate industrial relations
channels. Only aggressive behaviour which is systematic and on going
should be regarded as bullying.”
In summary, Adult Bullying can take many different
forms, which usually include:
- intimidation or harassment;
- aggression;
- verbal abuse;
- humiliation;
- undermining;
- dominance or abuse of power;
- different or unfavourable treatment;
- exclusion or isolation.
Key factors of Adult Bullying are that the
behaviour is generally:
- persistent;
- unwanted;
- subtle and
- non-physical.
Harassment/bullying may take subtle or insidious
forms, which gradually wear a person down over a period of time. Harassment
may take place where there are no witnesses and victims are afraid
to make a complaint because they fear that they may not be believed
or that the harassment/bullying may get worse. In some cases, witnesses
to incidents of harassment/bullying may be afraid to come forward
because they fear that they may become victims themselves.
Definition of Sexual Harassment
The Health & Safety Authority describes
sexual harassment as follows:
“Sexual harassment means unwanted conduct of
a sexual nature or other conduct based on a person’s sex, which affects
the dignity of men and women at work. This can include unwelcome physical,
verbal or non-verbal conduct, which is offensive and causes discomfort
or humiliation to the individual concerned.
The definition of sexual harassment includes
any:
- act of physical intimacy;
- request for sexual favours;
- other act or conduct including spoken words,
gestures or the production, display or circulation of written words,
pictures or other material that is unwelcome and could
reasonably be regarded as sexually offensive, humiliating or intimidating.
Many forms of behaviour can constitute sexual
harassment. It includes examples like those contained in the following
list although it must be emphasised that the list is illustrative
rather than exhaustive. A single incident may constitute sexual harassment.
- Physical conduct of a sexual nature - This
may include unwanted physical contact such as unnecessary touching,
patting or pinching or brushing against another employee's body,
assault and coercive sexual intercourse.
- Verbal conduct of a sexual nature - This
includes unwelcome sexual advances, propositions or pressure for
sexual activity, continued suggestions for social activity outside
the work place after it has been made clear that such suggestions
are unwelcome, unwanted or offensive flirtations, suggestive remarks,
innuendos or lewd comments.
- Non-verbal conduct of a sexual nature -
This may include the display of pornographic or sexually suggestive
pictures, objects, written materials, emails, text-messages or faxes.
It may also include leering, whistling or making sexually suggestive
gestures.
- Sex-based conduct - This would include
conduct that denigrates or ridicules or is intimidatory or physically
abusive of an employee because of his or her sex such as derogatory
or degrading abuse or insults which are gender-related.”
Harassment/bullying is generally defined not
necessarily by its intention but by the impact of the behaviour on
the recipient.
Top of Page
What can a person do who thinks she/he is being harassed or bullied?
A staff member who thinks she/he is being
harassed/bullied at work, should seek advice from any of the following:
Principal Teacher; Chairperson of the Board of Management; Teachers’
Representative on the Board of Management or INTO Staff Representative.
Specific Actions which may be taken
Stage 1: Decide to Address the Matter
The party (Party A) who considers that he/she
is being bullied, sexually harassed or harassed on other specified
discriminatory grounds, should decide to address the matter.
However, in light of the potential effects of bullying or harassment
on an individual, including loss of confidence, extreme upset, anxiety
or fear, Party A may initially decide to seek INTO or other assistance,
including Employee Assistance Scheme or other counselling, in order
to consider the most appropriate application of the procedures, in
the circumstances.
Party A should keep a record of the pattern
of behaviour or instances where he/she considers that bullying/harassment
has occurred.
The record should contain details such as dates, times, persons present,
details of what was said or what occurred.
- Log all incidents of bullying/harassment.
- Write down your feelings at the time and
what your response was.
- Speak to the alleged bully and make it
clear that his/her behaviour is unacceptable and ask him/her to
stop. If you cannot do this verbally then do so in writing. Keep
copies of all correspondence.
- Refer to any of the contact people listed
above.
- Ascertain if there were any witnesses to
the harassment/bullying.
- If possible avoid being alone with the
alleged bully.
The purpose of the policy is to deter unacceptable
behaviour and to create an environment where staff can work free from
harassment/bullying.
Procedures
There are two procedures for dealing with
cases of alleged harassment/bullying – one informal, the other formal.
Individuals should familiarise themselves with the procedures below.
Any of the people who are listed as contact people can advise on both
procedures. If the informal procedure is followed but the problem
persists, the complaint can be dealt with under the formal procedure.
Stage 2: Informally Address the Problem
The party who considers that he/she is being
bullied, sexually harassed or harassed on other discriminatory grounds
(party A), should request a meeting with the other party (B), in order
to discuss matters. The following should apply:
- where necessary, the meeting may be facilitated
by a third party, generally a teaching colleague;
- Party A should clearly outline his/her
difficulties and should clearly object to the bullying/harassment
and request that it stop;
- it is important that party a bear in mind,
that the other member of staff may not be aware that his/her behaviour
is causing difficulty;
- both parties should seek to resolve their
differences and establish a pattern of interaction exclusive of
any forms of bullying/harassment;
- Party B may respond to Party A at that
meeting or if requested, should be given an opportunity to consider
his/her response, in which case the meeting may be adjourned. Party
B should respond in a constructive manner;
- the resolution, as appropriate, may include
any of the following, e.g., a commitment to cease the particular
behaviour, modify the behaviour, plan to eliminate situations where
the parties would be in conflict or monitoring.
Alternatively, it may emerge as a result of
the discussions between the parties, that there may have been a degree
of misunderstanding in relation to certain behaviours and the resolution
may make provision for compromise or appropriate explanation or acknowledgement.
If there is no satisfactory indication of resolution
between the parties, Party A should refer the complaint to stage 3,
i.e. formal procedures.
Top of Page
Stage 3: Principal Teacher or Chairperson of the Board of Management
Stage 3 provides a mechanism for the principal
teacher to intervene and resolve the matter. However, if the principal
teacher is one of the parties, the Chairperson of the Board of Management,
should then be involved, in an individual capacity, in order to achieve
resolution. In circumstances where the chairperson may also be involved
at Stage 2, another member of the Board, may be designated to intervene.
Party A should advise Party B that he/she
is proceeding with Stage 3.
Party A should state his/her complaint in writing and request the
Principal Teacher (or Chairperson of the Board of Management, as the
case may be) to investigate the matter.
The Principal Teacher (or Chairperson of the
Board of Management, as the case may be) should:
- obtain background details including details
of what occurred at the previous stage;
- consider the pattern of behaviour and the
timescale;
- hear the parties and seek to resolve the
matter;
- act in a fair and impartial manner and
deal with the matter sensitively having regard to the nature of
the problem and the principles of due process;
- exercise judgement and make decisions which
he/she considers necessary to resolve matters.
The outcome of the discussions should be noted
by the parties.
The matter should be dealt with confidentially.
Where resolution has not been possible and
particularly, where there is a likelihood of the offending behaviour
continuing, either party or the principal teacher (or Chairperson
of the Board of Management as the case may be) should refer the matter
to the Board of Management in accordance with Stage 4 below.
Stage 4: Board of Management
It is open to any of the parties or the Principal
Teacher (or Chairperson of the Board of Management, as the case may
be) to refer the matter to the Board of Management for investigation.
The referral should be in writing and dated and should include a copy
of the written complaint.
The Board of Management should consider the
issues and investigate the matter:
- the Board may enquire into the background
of the difficulties including obtaining details on the sequence
of initiatives taken at previous stages;
- the Board or the Chairperson of the Board
may meet the parties individually or collectively and may also request
written submissions from the parties, having regard also to the
principles of due process;
- the Board may request the Principal Teacher
to furnish a written submission;
- the Board may afford the parties an opportunity
to present their case orally at a board meeting, in each other’s
presence;
- following oral presentations the Board
of Management may designate the Chairperson to meet with the parties
again, separately or jointly, if further clarification is required
or to work towards resolution;
- the Board of Management may convene a number
of meetings in order to achieve resolution;
- the Board of Management shall act in a
fair and impartial manner in order to achieve resolution and shall
deal with the matter sensitively, having regard to the nature of
the problem.
Having considered all matters, the Board of
Management should reach a view on the matter not later than 20 school
days after receipt of the written request/referral.
Where the Board of Management finds that bullying/harassment has not
occurred, both parties should be informed accordingly. No action shall
be taken against the complainant provided the allegation was made
in good faith. If the complaint was brought maliciously, it should
be treated as misconduct and appropriate action taken.
Where the Board of Management finds that bullying/harassment
has occurred, the Board should deal with the matter appropriately
and effectively. This may include:
- the issuing of a clear warning that bullying/harassment
is not acceptable in the school workplace and that it will not be
tolerated;
- a demand that all forms of bullying/harassment
cease and that acceptable patterns of interaction be established
between the parties;
- an instruction to the offending party that
he/she apologise/ express regret or give an assurance that the bullying/harassment
behaviour will cease;
- seeking a commitment to attend counselling
or the welfare service;
- more serious disciplinary sanctions as
may be commensurate and appropriate, such as:
- oral warning,
- written reprimand,
- written warning,
- final written warning,
- suspension,
- dismissal.
As part of any resolution, the Board of Management
should monitor the situation and should put systems in place to ensure
that it is kept informed that resolutions are being implemented. The
Board of Management should keep matters under review.
Top of Page
Making a Complaint of Sexual Harassment
Stage 1: Decide to Address the Matter
Any employee who feels he or she has been
or is being sexually harassed or bullied should ask the perpetrator
to stop. Where this form of action is unsuccessful the employee may
report the matter to any of the following:
Principal Teacher; Chairperson of the Board of Management; Teachers’
Representative on the Board of Management or INTO Staff Representative.
Stage 2: Informally Address the Problem
Attempts will be made to resolve the matter
informally, if appropriate. (See Stage 2 above)
Stage 3: Formally Address the Problem
If it is not possible to resolve the matter
informally, a formal complaints procedure shall be applied incorporating
the following steps:
- A written report to the Board of Management
should be made by the complainant or an authorised person to whom
the complaint is being made and signed by the complainant.
- The complaint will be investigated with
minimum delay as confidentially as possible by two individuals named
by the Board of Management, one of whom shall be the same sex as
the complainant and the alleged perpetrator.
- Both parties may be accompanied/represented
at all interviews/meetings held, and these shall be recorded.
- Where a complaint is found to be substantiated,
the extent and the nature of the sexual harassment will determine
the form of action to be taken. These actions may include a verbal
warning, a written warning, suspension from some duties with or
without pay, suspension from full duties with or without pay or
dismissal.
- Where an employee is victimised as a result
of invoking or participating in any aspect of the complaints procedure,
including acting as a witness for another employee, such behaviour
will also be subject to disciplinary action.
No record of any complaint will be registered
on an employee’s file unless the formal procedure outlined above has
been invoked.
It is the policy of the school that issues
of sexual harassment are best dealt with within the school. However,
no aspect of this Policy affects any employee’s individual legal rights
to take their complaint outside of the school.
This Policy will be subject to periodic review.
This policy was sanctioned by the Board of Management on December
11th, 2002.
Top of Page
|
|
|
