Sexual Harassment
Policy & Procedures
UNIVERSITY OF KWAZULU-NATAL
SEXUAL HARASSMENT POLICY AND PROCEDURE Preamble
The University is committed to providing a work and study environment that is free of any form of unfairdiscrimination or harassment. This includes any acts or threats that interfere with the performance at work or in study of any individual or group on account of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual
orientation, age, disability, religion, conscience, belief, political opinion, culture, language or birth.
1. Introduction
1.1. Sexual harassment is unacceptable behaviour. It conflicts with the University's Vision, Mission, Goals and Core Values and denies respect for the rights of staff and students to fair treatment.
Sexual harassment is a serious issue, which undermines morale and can adversely affect the ability of staff and students to achieve their full potential within the University.
The University is committed to taking action to deter sexual harassment, to increase awareness that such behaviour is unacceptable and to ensure that complaints are dealt with fairly and promptly.
1.2. Policy and procedures for resolving complaints of sexual harassment shall be adopted by the University to:
• promote a safe secure work and study environment in which the dignity of all persons is respected and which is free from sexual harassment;
• provide an internal procedure for dealing with issues and complaints of sexual harassment which may arise;
• meet the requirements the Employment Equity Act and Labour Relations Act , 1995 Code of Good Practice on the Handling of Sexual Harassment cases;
• comply with the Equal Opportunity and Employment Equity Policy and the Employment equity plans of the University.
2. Definitions
Sexual harassment is defined in South African legislation as “unwanted conduct of a sexual nature”∗ The distinguishing characteristics of sexual harassment are that it is conduct with a sexual component, which is unwelcome, unsolicited and unreciprocated.
∗
Sexual attention* becomes sexual harassment if:
• The behaviour is persisted in, although a single incident of harassment can constitute sexual harassment, and / or
• The recipient has made it clear that the behaviour is considered offensive and / or • The perpetrator should have known that the behaviour is regarded as unacceptable. It is not only the intention of the alleged harasser that is the issue, but also the complainant’s reasonable perception and experience of the alleged harasser’s behaviour.
3. Forms of Sexual Harassment
Sexual harassment may include physical, verbal and non-verbal conduct, which includes, but is not limited to:
Physical
• unwanted and deliberate physical contact; Verbal
• unwelcome verbal comments of a sexual nature;
• subtle or explicit demands for, or offers of, sexual favours;
• verbal sexual harassment such as unwelcome innuendos, suggestions and hints; • comments with sexual overtones; sex-related jokes or insults or unwelcome graphic
comments about a person’s body made in his/her presence or directed to him/her; • unwelcome and inappropriate enquiries about a person’s sex life; and unwelcome
whistling directed at a person or group of persons. Non-verbal
• gratuitous display of sexually explicit written or audio-visual materials;
• transmission or display of offensive email, screen savers or pornographic computer images;
• offensive gestures or actions of a sexual nature including indecent exposure or “flashing”;
• persistent unwanted attention: following or stalking behaviour.
Sexual favouritism* exists where a person who is in a position of authority favours those who respond to his/her sexual advances, whilst other deserving employees and students who do not respond to sexual advances are disadvantaged or denied opportunities for example in relation to promotion, nominations for merit awards, training opportunities, grading of assignments and practicals, etc.
Some forms of sexual conduct, which are considered innocuous by some people, may be considered offensive by others. In addition, different social or cultural backgrounds may lead persons to perceive the same conduct differently. All staff and students are expected to respect the sensitivities of others especially where there may be variations in the interpretation of acceptable behaviour and accordingly cultural differences may not be used as an excuse or justification for sexual harassment.
Quid pro quo harassment*, occurs where an employer, supervisor, member of management or co-employee, undertakes or attempts to influence the process of employment, promotion, training, discipline, dismissal, salary increment or other benefit of an employee or job applicant in exchange for sexual favours. Accordingly, the University has concerns where sexual
harassment:
• implicitly or explicitly imposes a condition on student admission, funding, grading or academic progress;
• implicitly or explicitly imposes a condition on staff recruitment, selection, appraisal or career progress;
• interferes with academic or work performance;
• creates an intimidating or offensive learning or working environment and undermines social functioning.
4. Responsibilities of Deans, Heads of Division, Managers, Staff and Students All staff and students shall have responsibility for upholding the University's policy on sexual harassment. Line managers shall have a particular responsibility to ensure that areas within their jurisdiction are free from sexual harassment. This includes:
• ensuring that staff are aware of appropriate and acceptable standards of behaviour;
• making known the University's policy, including the procedures for resolving complaints;
• taking early corrective action to deal with behaviour that may constitute sexual harassment;
• promoting awareness programs designed to prevent sexual harassment in the University.
5. Procedures for Resolving Complaints
The University has instituted a set of procedures, which aim to ensure that:
• complaints of sexual harassment are considered seriously and sympathetically and are dealt with promptly and confidentially;
• complainants are protected against victimisation or retaliation for lodging complaints; • the rights of both the complainant and the alleged harasser are respected.
Where possible and appropriate, complaints should be resolved at a local level with a minimum of formal processes.
A person who believes she or he has experienced sexual harassment should attempt to resolve the matter by stating an objection directly to the alleged harasser. If the person feels unable to do this, or if this approach does not result in the cessation of the behaviour, the person may choose to activate the University's internal procedure.
A victim of sexual assault has the right to press separate criminal and/or civil charges against the alleged harasser and these rights are not limited by this policy.
There are three possible stages in the internal procedures: 1. Informal Advice and Procedures
2. Informal Mediation 3. Formal Procedures
The complainant may withdraw the complaint at any stage. Should the complaint not be resolved satisfactorily through internal procedures, either party may, within thirty days of the dispute having arisen; refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) for Mediation in terms of section 135 of the Labour Relations Act.
5.1 Stage 1-Informal Advice and Procedures
The Code of Good Practice on Handling Sexual Harassment Cases*, suggests that all employers designate persons who:
• have appropriate skills and experience; • are appropriately trained; and
• given adequate resources;
in order to provide support and advice to victims of sexual harassment on a confidential basis. The University will accordingly appoint and train Discrimination and Harassment Advisors to
inter alia, provide information and support to people who believe they have been sexually
harassed. The Advisor will provide a point of first contact to discuss the issue in confidence. Whilst the existence and identities of Discrimination and Harassment Advisors shall be widely publicised, complainants, may elect to utilise other existing professional, support and counselling structures such as Student Counselling and Careers Centres, Risk Management Services, Student Representative Councils, Residence Life Officers, Residence Assistants and Campus Health as the point of first contact. Staff or students may also contact lecturers, line managers or
supervisors. Staff or students in the above structures, who are not Discrimination and
Harassment Advisors and are the point of first contact, should ideally refer the complainant to a trained Discrimination and Harassment Advisors, whilst continuing to provide the necessary professional counselling or other service if applicable. Where complaints, at the request of the complainant, are not referred to the Discrimination and Harassment Advisors or where the complainant does not wish to pursue the matter but requests counselling services only, the contact officer referred to above, shall nevertheless complete the data forms and forward to the Diversity Manager for statistical purposes.
5.2 Stage 2-Mediation
If the matter remains unresolved after discussion with an Advisor, the advisor will inform the Diversity Manager who will then request intervention by a mediator. Mediation refers to a process used to reconcile the parties and is a term used to describe processes, which bring about consensus but which reserve ultimate decision making for the parties and not the Mediator. The Vice-Chancellor on recommendation by the Diversity Manager, will appoint members of University staff as Discrimination and Harassment Mediators. They will include members of both the academic staff and the support staff. At least one of them will be a woman and at least one will be a man. The Diversity Manager will also mediate disputes.
Where a Head of Division or Dean is the first point of contact by the complainant concerning the alleged harassment, the relevant Head/Dean should contact a Discrimination and Harassment Advisor at an early stage for advice.
Mediation may be impossible in circumstances where;
• either party is not prepared to conciliate or cannot be contacted.
• the relationship between the parties has broken down to such an extent that Mediation will have no chance of success.
• the nature of the offence is of such a serious nature that informal resolution procedures would be inappropriate.
The role of the Discrimination and Harassment Mediator is to assist in the informal resolution of the complaint through discussion with the person against whom allegations have been made. The Discrimination and Harassment Mediator will act as ‘go-between’ between the parties. In some cases simply informing a person that his or her behaviour is causing offence will be sufficient to resolve the problem.
The Mediator has no decision-making powers but helps to facilitate a settlement of the matter that is agreeable to both parties. The Mediator may make recommendations to the parties. After receiving full details of the complaint, the Mediator will:
• inform the alleged harasser about the nature of the complaint and invite a response; • inform the alleged harasser that he/she may seek advice from an Discrimination and
Harassment Advisor;
• provide details of the University's policies and procedures concerning sexual harassment, equal opportunity and employment equity;
• discuss the internal procedures for Mediation and for formal hearing of complaints; • inform the alleged harasser of his/her rights as well as the rights of the complainant; • act with impartiality, considering the rights of all parties to the complaint;
• provide details of any policies which may be relevant;
• explain the University's legal responsibilities and the rights of the complainant; • attempt to achieve a satisfactory resolution to the complaint.
If a satisfactory resolution is not achieved through the above processes, the Mediator may then attempt to bring the two parties together. This will be done only if both are willing to participate. At this stage, by mutual agreement of the parties, the Mediator may be changed. The Mediator will attempt to achieve a resolution satisfactory to both parties. Agreements reached shall, wherever possible, be reduced to writing, and signed by both parties. The agreements will be strictly confidential, without prejudice to the rights of either party and shall be retained by the Mediator.
The purpose of mediation is to ensure that the offensive behaviour does not recur; that there will be no reprisals against the complainant; and that if allegations are shown to be unfounded; they are withdrawn.
The review date will be set by the Mediator to follow up the outcome of the Mediation process. 5.3 Stage 3-Formal Procedure
5.3.1 Referral to Diversity Manager
When the process of Mediation is not agreed to by the parties, or if it fails to resolve the matter, the complainant may make a formal complaint in writing to the Diversity Manager, through the Advisor.
On receiving a formal complaint, the Diversity Manager may where necessary, consult the Director of Equity, The Industrial Relations Manager, the Director Human Resources, the University Proctors and the Mediator and/or Advisor concerned, and he/she will either:
• where parties agree, appoint a mediator where mediation was not previously considered; or • refer the matter, where the parties agree, to a Discrimination and Harassment Panel in accordance
with this policy; or
• ensure that the matter is dealt with in accordance with the relevant formal grievance procedures contained in staff agreements or University statutes concerning student misconduct.
Serious incidents of discrimination or continued or persistent harassment after warnings will be dealt with in terms of misconduct proceedings.
Where a complaint is referred to the University’s staff/student disciplinary processes (Industrial Relations Office/Proctor) the Chairperson of subsequent hearings should, where possible, be a member of staff with a knowledge and understanding of sexual harassment issues.
5.3.2 Discrimination and Harassment Panel
The composition and proceedings of the Discrimination and Harassment Panel are as follows. The Discrimination and Harassment Panel will be appointed by the Vice-Chancellor and will consist of three members - A member of the University Executive, one person from the group of
Discrimination and Harassment Advisors and Mediators who has not already been involved, and a nominee of the Council. The Council nominee will be chosen by the Vice-Chancellor from a standing list of nominees who are nominated by Council every two years. Where either one of the parties to the complaint is a student, the Panel will also include a nominee of the Student Representative Council. The Panel should be representative, in terms of both race and gender. The Council nominee will chair the Panel.
The Discrimination and Harassment Panel shall within fifteen working days of receipt of the Vice-Chancellors referral, investigate the complaint and determine whether the claim is
substantiated. The Discrimination and Harassment Panel will report to the Vice-Chancellor and provide recommendations for action, consistent with University policies, and terms and
conditions of employment
All enquiries will be conducted in camera and while legal practitioners shall generally not represent parties except in the case of students as envisaged in the Rules for Student Discipline, each may be assisted, or represented, by an official of their Union, a friend or an associate. Representation by a fellow employee who is a legal practitioner as defined elsewhere in this policy (Paragraph 11), will only be allowed during an arbitration in circumstances not covered by the Rules of Student Discipline, if both parties and all members of the Discrimination and Harassment Panel agree that it would be in the interests of both parties to allow same.
If the complaint is upheld, the Vice-Chancellor will give such directions as considered appropriate and necessary to remedy the matter having regard to all the circumstances of the case. Such remedies may include:
Restoring the complainant to same standing as when incident occurred e.g. if a student complainant was prejudiced in the evaluation of an essay or test, the Vice-Chancellor shall make arrangements for an independent evaluation of the essay or test;
Ensuring that the University redresses any losses or damage, financial or otherwise, which may have been suffered by the complainant as a consequence of the harassment; Ensuring that complainant is not subjected to reprisal for making the complaint;
Arranging for redeployment of one or both parties, where the relationship between the parties has broken down to such an extent that reconciliation is not feasible;
Initiating of disciplinary procedures against the respondent; Arranging counselling for both or either party;
Making arrangements for additional leave for medical attention or trauma counselling where the complainant’s sick leave has been exhausted;
Taking such other action as the Vice-Chancellor sees fit.
If the complaint is not upheld, the Vice-Chancellor will give such other directions as considered appropriate and necessary to remedy the matter having regard to all the circumstances of the case. Such remedies may include:
ensuring complainant is not subjected to any retaliatory action where the complaint has been made in good faith but is not found to be well grounded;
ensuring that respondent is not subjected to reprisal, if after investigation the complaint is unfounded and considered to have been made in bad faith or with malicious intent; ensuring that the University redress any loss or damage, financial or otherwise, which
may have been suffered by the respondent as a result of a vexatious complaint;
reprimanding the complainant or initiating disciplinary action if complaint involved bad faith or malice on the part of complainant.
5.3.3 Appeals and Reviews
The recommendations of the Discrimination and Harassment Panel, once approved by the Vice-Chancellor are final and binding on both parties. Accordingly no appeal can be made in relation to the finding that sexual harassment has occurred or in regard to the recommended outcomes. Either party may request a review by the Vice-Chancellor on the grounds of failure to comply with the procedure set down in this document.
Either party must deliver a request for review to the Vice-Chancellor within seven working days of the relevant party receiving written advice of the outcomes of the formal process.
The Vice-Chancellor must nominate an independent senior member of staff to undertake the review and report on his/her findings within 14 working days.
The Vice-Chancellor will consider the findings and communicate his/her decision to the applicant in writing within 14 working days of receiving a report from the aforementioned member of staff.
The Vice-Chancellor may make whatever alteration to the original determination that he/she deems appropriate as a result of the review process.
6. Confidentiality
At all stages the utmost care will be taken to ensure confidentiality.
Complainants and respondents will be advised at all stages of the internal procedure to maintain confidentiality and to discuss the complaint only with those who have an official responsibility for dealing with it.
The University will disclose to either party, such information as may be reasonably necessary to enable the parties to prepare for any proceedings contained in this document.
Allegations of sexual harassment are potentially defamatory because they impact on the reputation of the alleged harasser. However allegations made in good faith and through appropriate channels pursuant to this policy and procedures are unlikely to be defamatory. In particular
It is not defamation for a person who thinks that they have been sexually harassed to write and deliver a letter to the alleged harasser or speak privately to the alleged harasser about the alleged harassment;
Statements made in the context of receiving counselling or legal advice are likely to receive the protection of ‘legal privilege’ and hence fall outside the scope of defamation; Allegations that are untrue, motivated by ill-will or malice, or inappropriately conveyed
to people who have no legitimate interest in knowing them are likely to breach defamation laws;
Untrue or malicious counter allegations against the complainant are also likely to be construed as defamation if they are conveyed to persons who have no legitimate interest in the matter.
Advisors, Mediators and Discrimination and Harassment Panels will be required to preserve anonymity wherever possible and, as far as practicable, to seek advice from others without divulging the identity of the respondent or complainant.
As part of the Mediation process, limited information (preferably non-identifying) may need to be given to a third party for the purpose of working out a resolution, for example a head of Division or Dean. This may be done with the agreement of the complainant and respondent as part of the Mediation process. Such limited information should only be provided on a strictly ‘need to know’ basis to those who have a genuine and official role in dealing with and resolving the matter. The person who is provided with such information is required to preserve
confidentiality.
Information may also be disclosed where there is an imminent physical threat of danger to a person
In circumstances where a complainant informs a staff member or student named in these procedures of a serious matter but requests that nothing be done about it, the University may need to act to protect staff and students. Preventative action may be taken in response to the problem while seeking to maintain confidentiality of the individual. This might include: • providing training to staff and students on the issue
• reinforcing policy and procedures
• taking action under this policy, including disclosure of necessary details, where there is a threat of physical harm or danger to a person or where the University’s duty of care to staff or students may be compromised if no action is taken.
Advisors and Mediators may seek advice from the Diversity Manager in regard to issues of confidentiality.
Records of proceedings of formal cases will be kept in sealed, confidential files and then disposed of in accordance with the approved disposal schedules utilised by the Industrial Relations office/Human Resources Division.
7. Conflict of Interest
All staff and students involved in the informal or formal resolution of complaints of sexual harassment will ensure that they have no conflict of interest or bias in relation to any party to the complaint and that there is no perception by the parties that they have a conflict of interest or bias.
Members of staff and students who have concerns about perceptions of possible conflict of interest or partiality should exclude themselves from the process, refer on to another Advisor or Mediator if appropriate, or seek advice from the Diversity Manager.
8. Victimisation
Complaints of victimisation will be treated seriously. Victimisation of complainants is unlawful. Victimisation includes any unfavourable treatment of a person who has been involved with a sexual harassment complaint. Unfavourable treatment could include adverse changes in the working environment, denial of training or promotion, making negative, unfounded or belittling comments, lower assessment of student work or exclusion by peers.
Complaints of victimisation related to a sexual harassment complaint will be dealt with in the same manner as complaints of sexual harassment and may result in disciplinary action
9. Additional Sick Leave
The University shall give due consideration to the granting of additional sick leave in cases of serious sexual harassment where the employee on medical advice, requires counselling.
10. Vexatious/Malicious Complaints
If the complaint is found to be vexatious, action against the complainant may be taken under the University’s disciplinary procedures.
11. Representation
In any proceedings under this policy, either one or both of the parties may be assisted or
represented by a fellow employee but under normal circumstances they may not be represented by a legal practitioner i.e. any person admitted to practice as an attorney or advocate. Also excluded would be candidate attorneys, labour consultants, academic lawyers who have not been admitted as advocates or attorneys and para-legal officers.( Section 213 of the Labour Relations Act of 1995). Representation by a fellow employee, who is a legal practitioner, will only be allowed during arbitration in circumstances not covered by the Rules of Student Discipline, if both parties and all members of the Discrimination and Harassment Panel agree that it would be in the interests of both parties to allow same.
Students will be allowed representation by legal practitioners who are members of staff in circumstances envisaged in the rules for student discipline. Where one of the parties is a student and the other a member of staff, both parties will be allowed to have a student/staff
representative who is also a legal practitioner.
Both parties are entitled to receive advice from Discrimination and Harassment Advisors throughout the proceedings envisaged in this policy.
12. Information, Education and Training
All Discrimination and Harassment Advisors and Mediators will complete a training programme aimed at increasing their awareness of issues involved in sexual harassment, enhancing their skills in communication, conflict resolution and Mediation, and informing them of such legal issues as defamation. The names, locations, telephone and email contact details of Advisors and Mediators will be widely publicised. Information on the University's policy and procedures concerning sexual harassment will be distributed to:
• new staff at induction and new students at orientation; • participants in relevant training courses;
• Risk Management Services; • The Health Clinic;
• all Heads of Division and Deans for circulation annually;
• the Students Representative Councils for insertion in relevant publications; • Human Resources for inclusion in their website and other publications;
• The Registrar for inclusion in the University’s policy manuals and other relevant publications;
• Student Counselling and Careers Centres;
• the Equity Office home page and relevant University web pages. 13. Monitoring
Every three months the Diversity Manager will collect data relating to all harassment enquiries and complaints received by Discrimination and Harassment Advisors and Discrimination and Harassment Mediators.
Advisors should ensure that confidential records of informal enquiries and complaints do not contain names or details that will identify the complainant or the respondent.
However, Mediators should ensure that confidential records of all formal complaints contain accurate information about the substantiated case, the investigation process, the people involved including witnesses, the way the case was handled and the outcome. At the conclusion of the process the Mediators are requested to forward the documentation to the Diversity Manager for secure storage. All documents will be destroyed in terms of University practice, currently three
years after the last action. The same applies to documentation involving complaints resolved through formal processes.
The University shall devise a Discrimination and Harassment complaints data form that shall be filled in by Advisors and Mediators for records and statistical purposes.
14. Review of this policy
This policy and procedures document shall be subject to review by the University Staffing Committee. The first review will be conducted in May 2005 and subsequent reviews at two-year intervals thereafter.
APPENDIX 1 PROCEDURES FOR DISCRIMINATION AND HARASSMENT ADVISOR SCHEME & APPOINTMENT OF DISCRIMINATION AND HARASSMENT MEDIATORS 1. Recruitment, Selection and Appointment
The Discrimination and Harassment Advisors will be appointed by the Vice-Chancellor on recommendation from the selection committee mentioned in 1.2 below. They will be located within the academic faculties, the support divisions, and the Students Representative Council and on each of the campuses.
The Discrimination and Harassment Advisors will be chosen from amongst male and female students, support and academic staff. Appointment as an Advisor is open to those who feel they have a contribution to make to equal opportunity at the University via the resolution of
employment equity and equal opportunity related grievances.
Discrimination and Harassment Mediators will be appointed by the Vice-Chancellor on recommendation from the Diversity Manager, from among senior members of both academic and support staff.
1.1 Recruitment
Applications shall be invited every two years and advertised widely in internal university
publications. Initial application is in writing, and should include information about the skills and experience applicants can bring to the job. Other details such as occupational experience and positions held should be included in the application. Applications should be marked confidential, include the names of two referees and be forwarded to the Diversity Manager.
1.2 Recommendations for appointment and selection
Selection for the position of Advisor or Mediator will be by interview conducted by a panel comprising; the Executive Director(Equity or nominee) (Chair), The Diversity Manager, The Director Human Resources or nominee, The Dean of Student Development or nominee. This panel will make recommendations for appointment, to the Vice-Chancellor.
Selection criteria shall include:
• good communication and interpersonal skills;
• ability to maintain confidentiality;
• commitment to employment equity and equal opportunity principles;
• awareness of discrimination and harassment issues;
• commitment to promoting the Discrimination and Harassment Advisor scheme; and
In addition Mediators should ideally have experience in alternate dispute resolution. 1.3 Appointment
Appointment as a Discrimination and Harassment Advisor/Mediator will be for a period of two years, with the possibility of subsequent appointment for a further two years.
Advisors & Mediators will be informed in writing of their appointments, responsibilities and as appropriate their delegated authority to receive or conciliate complaints of sexual harassment. The Diversity Manager, will co-ordinate the Advisors.
2. Duties and responsibilities of Advisors
Discrimination and Harassment Advisors will be appointed in terms of the University of KwaZulu-Natal Elimination of Unfair Discrimination and Racial Harassment Policy and accordingly the overall duties and responsibilities of a Discrimination and Harassment Advisor will be to:
• undergo necessary training in handling enquiries and complaints;
• deal with enquiries and complaints whilst maintaining strict confidentiality;
• disseminate equity information and act as an equity resource person within the faculty, unit, workplace and the Student Representative Council;
• keep statistics of enquiries and complaints and provide this information to the Diversity Manager for dissemination to the Vice-Chancellor and Executive, the University Staffing Committee and the Institutional forum;
• attend Discrimination and Harassment Advisor meetings and training sessions.
The role of the Discrimination and Harassment Advisor in terms of this policy will be to provide information, advice and support to staff members and students who believe they have experienced sexual harassment.
The Advisor will:
• assist the complainant in clarifying whether the offending behaviour constitutes sexual harassment;
• discuss ways in which the problem might be resolved by the complainant, without intervention by a third party;
• discuss the internal procedures for Mediation and formal hearing of complaints and where necessary arrange access to a Mediator/Mediator;
• inform the complainant of his/her rights as well as the rights of the respondent; • identify sources of referral and support where appropriate, including medical, police,
counselling and other relevant support services;
• listen with respect and empathy, and provide information and support to the complainant, whatever course is chosen.
If the complainant wishes, the Advisor, complainant, or both may consult the Diversity Manager, to obtain information, advice or clarification of issues.
Discussions with an Advisor will be confidential. No formal records, except minimal statistical information, will be kept. The identity of the alleged harasser need not be revealed to the Discrimination and Harassment Advisor.
If the matter can be resolved to the satisfaction of the complainant at this stage, it will be regarded as having been cancelled. The Advisor will arrange to follow the matter up with the complainant after a suitable period of time to determine whether it has been settled.
Recognition of Duties of Advisors
Deans, Heads of Division and supervisors shall be formally advised of members of staff from their unit who are appointed as Discrimination and Harassment Advisors. They shall ensure that Advisors are given every assistance in the performance of this role.
Discrimination and Harassment Advisors/ Mediators shall:
• be recognised as being on duty as required and be given recognition of the time required for performance of duties as Advisors; and
• be able to include participation in this process as information for advancement. 3. Training Programmes for Advisors
3.1 Initial Training
A training programme organised by the Diversity Manager in conjunction with the Industrial Relations Office, Student Counselling and Careers Centre/s and Staff Training & Development, will be established for the Advisors. Trainers will be drawn from the legal field, academic sector, the Commission for Conciliation, Mediation and Arbitration, the Department of Labour, The University Risk Management Services and the Counselling and Careers Centres.
By the end of the training programme participants will have acquired:
• a knowledge of relevant employment equity and anti-discrimination legislation including awareness of the Constitution and the Labour Relations Act;
• a knowledge of the relevant University policies, procedures and responsibilities in relation to equal opportunity, unfair discrimination and harassment;
• the ability to identify discrimination and harassment issues;
• awareness of the basic communication skills of listening, empathising and communicating;
• knowledge of specialised conflict resolution, negotiation and mediation skills;
• a knowledge of sources of relevant information, support and referral both within and outside the University (e.g. Industrial Relations Office, International Office, The Department of Labour, relevant unions); and
• a clear understanding of the role, duties and limitations of Discrimination and Harassment Advisors.
3.2 On-Going Training and Meetings
Training and information sessions, and regular meetings will be arranged by the Diversity Manager to provide Advisors with relevant skills development and to keep them informed of relevant developments and legislative changes, and of the resources available to assist them in their role.
APPENDIX 2 FLOW CHART FOR RESOLUTION OF COMPLAINTS
Complaint may be withdrawn at any stage
Matter may be resolved by complainant asking respondent to Stop! Refer matter to Proctor
or Industrial Relations Office
STAGE 1 ADVICE
Initial contact with Discrimination and Harassment Advisor /Student
Counsellor/Residence Life Officer/ Risk Management services/Campus Health Confidential Counselling, support and clarification no resolution Complaint withdrawn
Refer matter to Proctor or Industrial Relations
Office
STAGE 2 MEDIATION
Voluntary
Complaint investigated and mediated by Discrimination and
Harassment Mediator Matter resolved no further action. Agreement signed by both parties. Follow-up arranged with complainant. no resolution No further action taken Matter withdrawn Diversity Manager refers matter to Proctor/Industrial relations office due to
seriousness of complaint or where harassment is persistent despite previous warnings STAGE 3 FORMAL COMPLAINT To Diversity Manager Diversity Manager recommends Mediation no resolution Matter withdrawn Complaint referred to Proctor/Industrial Relations Office DISCRIMINATION AND HARASSMENT PANEL Investigation and Determination
Recommendation by Panel to
Vice-Chancellor for complaint resolution