Prevention of Sexual Harassment Policy

Prevention of Sexual Harassment Policy

Art History Link-Up (“AHLU”) has adopted this prevention of sexual harassment policy (the "Policy") which applies to all employees, trustees, and volunteers (together, "AHLU Individuals") and to all activities AHLU Individuals may be involved in for or on behalf of AHLU, including social or fundraising events.

Introduction

1) AHLU is committed to providing a working environment that is free from sexual harassment and victimisation and ensuring that everyone in is treated – and treats others – with dignity and respect. We will take active steps to help prevent the sexual harassment of all AHLU Individuals.

2) AHLU operates a zero-tolerance policy in respect of any form of sexual harassment or victimisation of any AHLU Individuals, or anyone with whom they come into contact in the course of their role for AHLU. All allegations of sexual harassment will be treated seriously, investigated promptly and dealt with sensitively. If any sexual harassment occurs, we will take steps to remedy any complaints and to prevent it happening again.

3) If you feel that you have been or are experiencing sexual harassment, we strongly encourage you to raise this with us, in accordance with this policy. This will enable us to take appropriate action and provide support.

What is Sexual Harassment?

Sexual harassment is unlawful and will not be tolerated. It may lead to disciplinary action, up to and including the termination of employment or engagement. In some cases, sexual harassment may also amount to a criminal offence.

Sexual harassment occurs where a person engages in unwanted physical, verbal or non-verbal conduct of a sexual nature, which has the purpose or effect of either violating another person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. It also includes treating someone less favourably because they have submitted or refused to submit to unwanted conduct of a sexual nature in the past.

Conduct may amount to sexual harassment even if it is unintended and the person doing it is unaware that they might cause offence. Conduct does not need to be sexually motivated in order to be sexual in nature and can be from someone of the same or a different sex.

Sexual harassment can take a number of forms. We have included some examples to help you recognise and avoid it. This list is not exhaustive:

4. physical contact of a sexual nature ranging from unnecessary touching to sexual assault;
5. unwelcome sexual advances, leering, whistling or sexually suggestive gestures;
6. suggestive, flirtatious or inappropriate comments about another person’s appearance;
7. sexual or suggestive jokes;
8. intrusive questions about a person’s private or sex life or a person discussing their own sex life;
9. display of pornographic or sexually suggestive pictures, objects or written materials;
10. repeated requests to go on a date or to socialise outside of work when this is unwanted;
11. unwanted sexual posts or contact on social media or through messaging platforms, whether corporate or personal;
12. spreading sexual rumours about a person;
13. pressure for sexual behaviour/favours in return for avoiding detrimental treatment; and
14. detrimental treatment following the rejection of a sexual advance.
    ‍

Sexual harassment can be a one-off event and does not need to be directed at a person. It can be witnessed or overheard. Sexual conduct that has been welcomed in the past can become unwanted, and it is not necessary for an individual to expressly object for behaviour to be unwanted.

For the avoidance of doubt, being under the influence of alcohol or other intoxicating substances is not a defence or mitigation to allegations of sexual harassment.

What is Victimisation?‍

Victimisation includes subjecting a person to a detriment because they have done, or are suspected of doing or intending to do, any of the following protected acts:

1) bringing proceedings under the Equality Act 2010;

2) giving evidence or information in connection with proceedings under the Equality Act 2010;

3) doing any other thing for the purposes of or in connection with the Equality Act 2010; or

4) alleging that a person has contravened the Equality Act 2010.

5) Victimisation can take a number of forms. We have included some examples to help you recognise and avoid it. This list is not exhaustive:

6) denying someone an opportunity because you suspect that they intend to make a complaint about sexual harassment;

7) excluding someone because they have raised a grievance about sexual harassment;

8) failing to promote someone because they accompanied another individual to a grievance meeting; or

9) dismissing someone because they gave evidence on behalf of another staff member at an Employment Tribunal hearing.

Raising concerns

12. We take allegations of sexual harassment or victimisation very seriously and strongly encourage anyone who feels that they are being, or have been, sexually harassed or victimised to report it.

13. The following paragraphs explain how you can raise concerns to us, whether informally, formally, or confidentially. The important thing is that you report any incident, without fear of retaliation. Which method you choose is up to you.

Resolving problems informally

14. If you feel that you are being, or have been, sexually harassed or victimised, we recognise that you may wish to try to resolve the problem informally by explaining to the individual concerned that his or her behaviour is unwelcome and should stop. If you decide to take this route, it is a good idea to keep notes or a diary of any incidents of harassment or victimisation and the attempts made to resolve matters because, if this informal action does not resolve matters, these notes may help us to investigate, if you wish to take further action.
    
15. If you try to resolve matters informally, we understand that you may not wish us to take any action. We encourage AHLU Individuals to report concerns to us as soon as possible in any event. Although normally we would seek to respect an AHLU Individual's wish not to take further action, if we believe that the welfare, health or safety of others may be at risk, or there are other overriding reasons, it may be necessary for us to investigate matters further.
    
16. There is no obligation to try to resolve matters informally. Any AHLU Individual who does not feel comfortable approaching the alleged perpetrator may raise the matter formally with us and ask us to look into it. You may also ask us to formally look into a matter if you’ve tried to resolve something informally and this hasn’t been successful.

Formal complaints procedure

17. If you do not wish to try to resolve matters informally, do not feel comfortable doing so, or the problem cannot be resolved informally, you should make a formal complaint following this formal complaints procedure as soon as possible.
    
18. In order to make a formal complaint under this policy, you should report the incident(s) in writing to the [CEO or the Chair of the Board of Trustees (the Chair)], stating clearly that you wish to raise a formal complaint under this policy.
    
19. A meeting will be arranged as soon as practicable to discuss your complaint. You should take all reasonable steps to attend the meeting. You may choose to be accompanied at that meeting by a colleague, or an appropriately qualified trade union official. If the person you wish to attend the meeting with you is unavailable on the date we propose, you may suggest a reasonable alternative time within five days following the original date of the meeting. AHLU will be represented at the meeting by the CEO and the Chair, unless on the facts it is considered that it would be inappropriate for either the CEO or the Chair to not be present, in which case an alternative representative for the charity will attend the meeting.
    
20. During the meeting, we will discuss your complaint. It may be necessary to adjourn the meeting to further investigate your grievance.
    
21. At the conclusion of any investigation, we will confirm the outcome of the grievance. If the investigation reveals that sexual harassment or victimisation has taken place, we will decide on what action should be taken against the perpetrator.
    
22. If you are not satisfied with the outcome of your complaint, you can appeal.

No retaliation: protection and support

23. It is our policy that no one will be retaliated against for making a compliant of sexual harassment or victimisation, or for cooperating in the investigation of a complaint, in good faith. Any acts of retaliation will be considered a violation of this policy, and disciplinary action will be taken immediately, up to and including termination of employment or engagement.
    
24. If you believe you have suffered any such retaliation or victimisation you should inform the CEO or the Chair.

Reporting harassment against others

25. Anyone who knows or suspects that sexual harassment or victimisation is taking place against other AHLU Individual(s) should report this to the CEO or the Chair, to ensure that the matter is investigated and appropriate action is taken.
    
26. No AHLU Individual who in good faith reports such behaviour or gives evidence during investigation, grievance or disciplinary proceedings will be subjected to any detriment as a result.

Harassment by Third Parties

27. We do not tolerate sexual harassment against AHLU Individuals by third parties, including, but not limited to, our suppliers, clients and commercial partners. Third party sexual harassment can result in legal liability and, if you experience sexual harassment by a third party while at or in connection with your work, we strongly encourage you to report it by using any of the methods described in this policy. AHLU will promptly investigate any complaints in line with this policy and ensure that we take appropriate action to remedy any upheld complaint and prevent it from happening again.

What happens if I am accused of Sexual Harassment?

28. If someone approaches you informally about your behaviour, do not dismiss the complaint out of hand (for example, because you were only joking, or you think the complainant is being too sensitive). Remember that different people find different things acceptable. Everyone has the right to decide what behaviour is acceptable to them, and to have their feelings respected by others. You may have offended someone without intending to. If that is the case, the person concerned may be content with an explanation and an apology from you with an assurance that you will be careful in the future not to behave in a way that you now know may cause offence. Provided that you do not repeat the behaviour that has caused offence, that may well be the end of the matter.
    
29. If a formal complaint is made about your behaviour, this will be fully investigated before any decision is made. If the complaint against you is upheld, we may initiate disciplinary proceedings. Please be aware that sexual harassment or victimisation may constitute gross misconduct, which could lead to dismissal without notice.
    
30. If appropriate, AHLU will try to ensure that you and the complainant are not required to work together while the complaint is under investigation. If we feel it is appropriate for you to do so, we may suspend you on full pay (if applicable) during the investigation and any subsequent disciplinary proceedings (if a disciplinary hearing is held).
    
31. If the complaint against you is upheld, a disciplinary penalty may be imposed up to and including dismissal without notice, having regard to the seriousness of the offence and all relevant circumstances. AHLU will take into account any aggravating factors, such as abuse of power over a more junior colleague, when deciding the appropriate disciplinary action to take.
    
32. If the complaint against you is not upheld, AHLU will support you, the complainant and your manager(s) in making arrangements for you and the complainant to continue or resume working together and to help to repair your working relationship if necessary.

Speaking to the Police

33. There can be an overlap between behaviour that constitutes sexual harassment and criminal offences, including sexual assault, indecent exposure, stalking and offensive communication. Nothing in this policy should prevent you from contacting the police, if you consider that appropriate. In certain circumstances we may advise you to report a matter to the police. In such circumstances we will help you to liaise with the police and give you support throughout the process.

Responsibility for this policy

34. Overall responsibility for implementing this policy and for ensuring compliance with sexual harassment law rests with the CEO, the Chair and the Trustee safeguarding lead.
    
35. All AHLU Individuals covered by this policy have a responsibility to ensure that sexual harassment does not occur and to comply with this policy at all times. All staff must ensure that they behave appropriately towards each other and that they treat their colleagues with dignity and respect at all times. Acts of sexual harassment, victimisation or other breaches of this policy may constitute gross misconduct and may result in disciplinary action up to and including summary dismissal.

‍