1.1 What is Sexual Harassment?
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.
1.2 Sexual harassment is illegal under the
Employment Equality Act 1998. The Labour Court has determined that
"freedom from sexual harassment is a condition of work which an employee
of either sex is entitled to expect".
1.3 The school
recognises that all employees and students have the right to a workplace free
from sexual harassment and is fully committed to ensuring that all employees
and students are able to enjoy that right and that sexual harassment will not
be tolerated.
1.4 There is a responsibility on all
employees and students to ensure a workplace free from sexual harassment for
all other employees and students, and to be aware of this Policy.
1.5 An attempt will be made to resolve the
complaint informally in the first instance but if this is not possible, a
formal procedure will be invoked. Confidentiality will be ensured, insofar as
is possible, at all times during the investigation for all parties involved.
1.6 Examples of Sexual Harassment include:
(a) Unwanted physical or
verbal advances.
(b) Unwanted touching or
physical gestures.
(c) Comments and remarks of
a sexual or discriminatory nature.
(d) Unwelcome comments
about personal appearance.
(e) Demands of sexual
favours.
(f) Displays of pin-ups and
pornographic material.
(g) Innuendoes of a sexual
nature or based on a person's sex.
This list is not
exhaustive.
2.1 Management is required to implement
this Policy and set a standard of behaviour by their own example. The school authority
is committed to providing an environment free from sexual harassment and
ensuring that such behaviour by employees or students is not tolerated.
2.2 (a) Sexual harassment of one student by
another student, or of one member of
staff (teaching or non-teaching) by a student will not be tolerated and is
contrary to school policy.
(b) The school authorities
raise the issue of sexual harassment with students in the context of
Relationships and Sexuality Education or other appropriate programmes.
2.3 Sexual
Harassment may result in Disciplinary Action
(a) Complaints of sexual harassment will be taken seriously and if
proven could constitute grounds for disciplinary action. Prompt action will be
taken when incidents involving sexual harassment take place and come to the
attention of management. Fair and equitable procedures will be used in dealing
with such complaints both in relation to the complainant and the alleged
harasser.
(b)
Malicious complaints by students will be treated as
misconduct under disciplinary procedures.
(c)
The school authority will endeavour to protect all students
and employees from intimidation, victimisation or discrimination in the event
of a complaint being filed or while they may be involved in the process of an
investigation of sexual harassment in the school.
3.1
A written
report should be made by the complainant or an authorised person to whom the
complaint is made and signed by the
complainant.
3.2 The complaint will be investigated with
minimum delay as confidentially as possible by two individuals, one of who
shall be the same sex as the complainant if so requested. Due respect shall be had for the rights of
the complainant and the alleged perpetrator.
3.3 Both parties may be
accompanied/represented at all interviews/meetings held and these shall be
recorded.
3.4 Where a complaint is found to be
substantiated, the extent and nature of the sexual harassment will determine
the form of the disciplinary action to be taken.
3.5 It is the opinion of the school that
issues of sexual harassment are best dealt with within the school. However, no
aspect of this Policy affects any employees or student's individual legal
rights to take their complaint outside the school.
3.6 In the cases of sexual harassment of an
employee by a student (because of the severity or continuation of the
harassment, for example) it should be raised through the normal discipline
procedure.
3.7 Students subjected to sexual harassment
shall report the conduct to any of the following, Principal, Deputy Principal,
Guidance Counsellor, Chaplain, Year Head, Class Teacher, Parent / Guardian or
any person they trust who will report the complaint to the Principal/Deputy
Principal for investigation.
3.8 Where a complaint of sexual harassment
is made by a staff member against a student, the complaint will be handled
under the Code of Behaviour/Discipline for students of the school where
appropriate.
3.9 Where a complaint of sexual harassment
is made by one student against another student, the complaint will be handled
under the Code of Behaviour/Discipline for students of the school.