1. Policy statement
1.1 The School is committed to a working and learning environment where people can achieve their full potential. The School's policy and procedure on harassment is designed to provide:
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an environment where it is clear that harassment is unacceptable, thereby reducing the chance that harassment will occur in the first instance; and
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a mechanism to resolve complaints where it is felt that harassment has occurred.
1.2 Disciplinary action may be taken to deal with actions or behaviour, intentional or unintentional, that results in a breach of this policy. Disciplinary action may also be taken if allegations of harassment are found to be malicious or vexatious.
1.3 It should be noted that harassment can also lead to civil and criminal claims beyond the School's own disciplinary proceedings. For example, victims may be able to apply to the Civil Courts for an injunction to restrain the offending behaviour or claim damages for anxiety caused.
1.4 The Students' Union Disciplinary Procedure provides an alternative means of resolving allegations of harassment, if the incident/s occurred on the Students' Union premises and involves an LSE student against another LSE student. A student may take forward a complaint under SU procedure ( which includes a mechanism for appeal) or under this procedure.
However, there is no entitlement for a student to ask for a complaint to be considered under one procedure and subsequently ask for a further consideration of the complaint under the terms of the other procedure.
2. Scope of policy
2.1 This policy applies to all students and staff at the School and relates to harassment perpetrated by:
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a student against a student
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a student against a member of staff
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a member of staff against a student
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a member of staff against a member of staff
Harassment is not necessarily confined to the behaviour of senior staff towards more junior staff; it can take place between colleagues at the same level or involve staff behaving inappropriately towards more senior staff.
3. Definition of harassment
3.1 For the purpose of this policy, harassment is defined as unwelcome comments (written or spoken) or conduct which:
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Violates an individual's dignity, and/or
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Creates an intimidating, hostile, degrading, humiliating or offensive environment.
This reflects the statutory definition of harassment as outlined in the recent Race and Employment Directive. It should be noted that racial harassment and harassment relating to disability are now considered to be examples of direct discrimination.
Examples of the different types of harassment are included in Appendix A.
4. Responsibility of all staff and students
4.1 All staff and students can help to:
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prevent harassment by being sensitive to the reactions and needs of others, and ensuring that their conduct does not cause offence;
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discourage harassment by others through making it clear that such conduct is unacceptable, and supporting colleagues and peers who are taking steps to stop the harassment.
4.2 The School is responsible for:
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providing an environment where it is clear that harassment is not acceptable;
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taking action when it is aware that harassment may be or is taking place;
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ensuring that managers are aware of their responsibility for trying to prevent and, in the first instance, resolve problems in the immediate workplace.
5. Monitoring of policy and procedures
5.1 The Anti-Harassment Panel will compile statistics relating to cases of harassment and will provide an annual report to the Director containing information about the number and nature of complaints and any disciplinary action taken, without naming the individuals involved.
5.2 This policy will be regularly reviewed.
6. Individual liability
A member of staff or student who is found to be harassing another individual is liable at law for his/her actions and may face action in the courts.
Appendix A - Examples of harassment
The examples given below, which include unacceptable physical and verbal conduct, are not exhaustive. Harassment on grounds of race, sex and disability now constitute forms of discrimination under the law.
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Sex-related harassment
Examples include displaying power over a man or a woman because of gender through disparaging gender-related remarks and threatening behaviour.
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Sexual harassment
Examples include unnecessary touching, unwelcome jokes of a sexual nature, inappropriate use of suggestive visual display unit material, intimidating behaviour such as asking for, or offering, sexual favours in return for positive academic assessment or promotion.
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Harassment on grounds of sexual orientation
Examples include homophobic remarks or unwelcome jokes, threats to disclose sexuality and intimate questions about sexual activity.
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Racial harassment
Examples include inappropriate questioning and/or jokes about racial or ethnic origin, offensive graffiti and intimidating behaviour, including threatening gestures.
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Personal harassment
Examples include making fun of personal circumstances or appearance.
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Bullying
This can be physical or psychological. Examples of psychological bullying include unmerited criticism, isolation, gossip, essential information withheld, or behaviour that is intimidating or demeaning.
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Harassment of disabled people
Examples include discussion of the effects of a disability on an individual's personal life, uninvited touching or staring, and inappropriate questioning about the impact of someone's disability.
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Age harassment
Examples include derogatory age-related remarks and unjustifiable dismissal of suggestions on the grounds of the age of the person.
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Stalking
This can be physical or psychological. Examples include leaving repeated or alarming messages on voice mail or e-mail, following people home, or approaching others to ask for personal information.