SEXUAL HARASSMENT AND VIOLENCE POLICY AND PROCEDURE

Posted by UCAN / In Public Policies / March 24th, 2023

THE POLICY STATEMENT

UCAN is committed to providing a safe environment for all its employees free from

discrimination on any ground and from harassment at work including sexual harassment.  UCAN will operate a zero tolerance policy for any form of sexual harassment, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any staff member found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment.

All complaints of sexual harassment will be taken seriously and treated with respect and confidence. No one will be victimised for making such a complaint.

This policy recognises the requirements of the Equality Act 2010 which provides protection for everyone from discrimination and makes it unlawful to harass or discriminate against someone on the grounds of the nine protected characteristics of age, race, religion or belief, sex, sexual orientation, pregnancy & maternity, marriage & civil partnership, disability, gender and gender reassignment. Keeping Children Safe In Education applies to providers of post-16 education as set out in the Education and Training (Welfare of Children) Act 2021. This has been reviewed and the updated legislation will come into effect in September 2022. We have signed up to the Mayor of London's Good Work Standard and fully support strategies that prevent Violence Against Women and Girls (VAWG) or any other protected characteristics.

PROMOTION OF THE POLICY

The policy is promoted through staff induction, the staff handbook, apprentice induction, e-portfolio work, newsletters to apprentices and employers, training sessions, and the apprentice handbook.

1. STAFF TRAINING

Sexual Harassment and Violence awareness training is mandatory for all staff at induction to ensure they are aware of UCANs internal process and policies and will seek advice from our HR department. Information is provided to all apprentices at enrolment in order to raise awareness of Safeguarding, Sexual Harassment and the contents of this policy. Regular CPD keeps all staff updated about any relevant developments and National Policy changes.

2. DEFINITION OF SEXUAL HARASSMENT

There are Sex-Based Harassment and Sexual Harassment, both are recognised by the Equality Act 2010 and involve unwanted conduct violating a person's dignity, or creating environments that they find intimidating, hostile, degrading or offensive.

Sex-based harassment is unwanted conduct that is related to an individual’s sex and is, therefore, not sexual in nature.

Sexual harassment is unwanted behaviour of a sexual nature. The law (Equality Act 2010) protects the following people against sexual harassment at work:

• Employees and workers

• Contractors and self-employed people hired to personally do the work

• Job applicants.

To be sexual harassment, the unwanted behaviour must have either:

• Violated someone's dignity, whether it was intended or not

• Created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not.

3. EXAMPLES OF SEXUAL HARASSMENT

Sexual harassment can be a one-off incident or an ongoing pattern of behaviour.

It can happen in person or in other ways, for example online through things like email, social media or messaging tools. Examples include:

• Flirting, gesturing or making sexual remarks about someone's body, clothing or appearance

• Asking questions about someone's sex life

• Telling sexually offensive jokes

• Making sexual comments or jokes about someone's sexual orientation or gender reassignment

• Displaying or sharing pornographic or sexual images, or other sexual content

• Touching someone against their will, for example hugging them

• Sexual assault or rape.

What some people might consider as joking, 'banter' or part of their workplace culture is still sexual harassment if:

• The behaviour is of a sexual nature

• It's unwanted

• It violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

Sexual harassment can happen to men, women and people of any gender identity or sexual orientation. It can be carried out by anyone of the same sex, different sex or anyone of any gender identity.

Sexual harassment is usually directed at an individual, but it's not always the case. Sometimes there can be a culture of sexual harassment in a workplace that's not specifically aimed at one person – such as sharing sexual images. Someone could still make a complaint of sexual harassment in this situation.

Sexual exploitation online occurs when someone is forced or persuaded to post or send sexual images of themselves, take part in sexual activity via a webcam or smartphone or take part in sexual conversations by message or text.

All sexual harassment is prohibited whether it takes place within UCAN premises or outside, including at social events, business trips, training sessions or conferences sponsored by UCAN.

Harmful sexual behaviour (HSB) between children and young people under 18 is a form of peer on peer abuse. The terms “Sexual Violence” and “Sexual Harassment” are used to describe particular types of HSB. Sexual violence may include sexual assault such as kissing or touching another’s genitalia without consent; or forcing someone to undress or engage in sexual activity. Sexual harassment may include “upskirting” (which is a criminal offence), viewing pornography or indecent images of children and sexting.

4. COMPLAINTS PROCEDURES

UCAN strongly encourages any employee who feels they have been sexually harassed to take immediate action, preferably by making it clear that such behaviour is unwelcome and offensive; alternatively, or in addition, they may follow the procedures for reporting the behaviour.

Any reports of sexual harassment will be treated seriously and promptly with sensitivity. Such reports will be treated as completely confidential up to the point where a formal or informal complaint is lodged against a particular person.

Complainants have the right to determine how to have a complaint treated, to have support or representation throughout the process, and the option to discontinue a complaint at any stage of the process.

The alleged harasser also has the right to have support or representation during any investigation, as well as the right to respond fully to any formal allegations made. There will be no presumptions of guilt and no determination made until a full investigation has been completed.

No employee will be treated unfairly as a result of rejecting unwanted advances.

Disciplinary action may be taken against anyone who victimises or retaliates against a person who has complained of sexual harassment, or against any employee or volunteer who has been alleged to be a harasser.

All employees have the right to seek the assistance of the relevant tribunal or legislative body to assist them in the resolution of any concerns.

Managers or Supervisors who fail to take appropriate corrective action when aware of harassment of a person will be subject to disciplinary action.

5. DISCLOSURE

All members of UCAN have a responsibility to take action if they observe sexual violence or sexual harassment as long it is safe to do so. It is important to avoid the bystander effect where the presence of others often discourages individuals from intervening. This can potentially normalise these behaviours and make inappropriate behaviour more acceptable.

6. GETTING SUPPORT IF YOU BELIEVE YOU HAVE EXPERIENCED SEXUAL VIOLENCE OR SEXUAL HARASSMENT

UCAN encourages you to act promptly and not to feel any sexual violence or sexual harassment is your fault, or that you have to wait until the situation is repeated or exacerbated. UCAN recognises that any incident is unacceptable and might be distressing. It is important that you don’t feel that you should have to tolerate such behaviour and that you have the support of the UCAN to decide if and how you want to take any further action. In addition, it will enable the UCAN to make arrangements and to put support in place if required, including, where possible, measures to protect the personal safety of all involved at all times.

Where it is considered that there is a real threat to the personal safety of any person, this should be reported to the police on 999 immediately.

7. HOW WE RAISE, RECORD AND INVESTIGATE CONCERNS

Our organisational structure incorporates fully trained safeguarding officers (DSOs) and fully trained mental health officers (MHO) who are also fully trained in dealing with sexual harassment and they work as a team. The team is led by our Designated Safeguarding Lead. An incident of concern should be recorded by pressing the Raise a Concern button on the employer, employee or apprentice portal. In the event that you do not have internet access, in the first instance telephone a member of the DSO Team. The detailed instructions contained in Raise a Concern should be followed. All relevant information is recorded via the Raise a Concern section of the UCANlearn system by selecting the sexual harassment form.

Confidentiality and trust should be maintained as far as possible, but employees must act on the basis that the safety of the victim is the overriding concern. The degree of confidentiality will be governed by the need to protect the victim. They will be informed at the earliest possible stage that this will then be escalated to the appropriate agencies if appropriate.

All conversations should always be held in private. UCAN complies with the requirements of the Data Protection Act 2018, which allows for disclosure of personal data where this is necessary to protect the vital interests of a child or adult.

Employees must not discuss the case with anyone other than those involved in the case. If employees have any concerns about the progress of the case or have any other concerns, these must be discussed with the DSO or MHO.

POLICY REVIEW

The policy is normally reviewed annually, at a board meeting. In the meantime, we respond immediately to any changes in legislation.

THE PERSON RESPONSIBLE, WITH CONTACT DETAILS:

DESIGNATED SAFEGUARDING LEAD:

Julie Cavalli:  *Removed*  

DESIGNATED SAFEGUARDING OFFICERS:

Jayshree Karsan: *Removed*

Julie Cavalli:  *Removed*  

Della King: *Removed*  

DESIGNATED MENTAL HEALTH OFFICER:

Della King: *Removed*  

AUTHORISED BY:

UCAN Governance Board