Questions and answers victimisation (updated November 2017)

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1 Questions and answers victimisation (updated November 2017) What should I do if I feel I am subject to victimisation? Answer: Contact someone you have confidence in. You could, for example, contact your manager, union representative, safety representative, the HR department or some other employee you have confidence in. If you are a student or doctoral student you can also contact Linnéstudenterna s student and doctoral student representative. What should I do if I notice that someone else is subject to victimisation? Answer: Talk to the person involved at first hand. You can then also contact the immediate manager, safety representative, union representative, student or doctoral student representative or the HR department. In the first instance the question should be handled internally at the faculty, institution or department involved, for the purpose of handling and taking action on abusive treatment and also to prevent similar situations from occurring again. What happens after someone has reported victimisation? Answer: What happened must be judged separately in each case. Examples of what can be done include: - Manager, HR partner, safety representative, student or doctoral student representative or another meets the person about whom the victim is concerned to discuss the situation. The person who has been subjected to victimisation, or another, can make a report to the university via the registrar. - A working environment investigation pursuant to section 9 of the Work Environment Authority s regulations (AFS 2001:1, AFS 2008:15) on systematic work environment activities may be started to investigate the causes of ill health and whether there is a connection between what happened and conditions at work. Must I report if I hear or see that victimisation is occurring? Answer: When it comes to any form of discrimination or victimisation, the university has a specific responsibility to investigate if it comes to the university s attention, and where appropriate to take action to prevent it from happening again. In practice, suspected victimisation has come to the university s attention if someone in a supervisory function for example a teacher when it applies to students or a manager when it Page 1 of 6

2 applies to employees has found out about it or seen it personally and the parties involved have had an opportunity to confirm or deny the information. If a person who is claimed to have been a victim does not wish to take the matter further, e.g. report it formally, the university still has a duty to investigate and those in responsible positions at the university can always attempt to see that general measures are taken. There is thus no express duty to report corresponding to that for victimisation of children in school (the Schools Act). However what generally applies is that no student or employee should ignore an unsatisfactory situation of this type. On the contrary, all students and employees should actively attempt to help resolve the situation. Neither should any student or employee help to conceal suspected victimisation. As a student or employee, it is important to always report unsatisfactory circumstances and inform the immediate supervisor or teacher, even when it concerns someone else. What is a report and where in the university do I send it? Answer: The report can be in writing and handed in or sent to the university via the registrar. A formal, written report is not necessary for the matter to lead to an investigation at the university; it can also be verbal and taken down by someone else. Regardless of whether the report is given in writing or taken down by someone else in an interview, it must contain a description of what has happened when it took place the name of the victim and his or her workplace/department the name of the alleged perpetrator and his or her workplace/department any witnesses to the event. Can I make an anonymous report that I have been subjected to victimisation? Answer: Part of the investigation involves the investigator talking to those involved, so as to obtain their account of what happened. This is not possible if the victim who makes the report wishes to be anonymous. Thus an investigation with possible consequences for the person or persons accused of victimisation cannot be fully performed if the person who perceives him or herself to be a victim wishes to be anonymous. In such cases, the university can take Page 2 of 6

3 general measures of a preventive nature. Thus it is possible to make an anonymous report, although the possibility of taking action is reduced. If I make a report, will the report and everything else that is documented be published? Answer: Documents that are received by the university or are created here become community documents that can in turn be published or treated as confidential. An investigation at the university is a formal matter that is entered in a journal and all documents that relate to the case are registered and placed in the case file. Thus the case can include public community documents, confidential community documents and documents that do not have the status of being community records. Requests can be made for community documents. With every request to view a document, an assessment is first made of whether the item in question is a community document and, if so, whether it should be treated as confidential pursuant to the Public Access to Information and Secrecy Act (SFS 2009:400). Community documents or information contained in community documents that are not deemed to be protected by confidentiality in the meaning of the Act are given out if anyone so requests. The secrecy rules in the Act that are most likely to come into consideration are student confidentiality and personnel care confidentiality information about an individual s health for example. It is not possible to decide in advance in what way an investigation of abusive treatment might be deemed to be confidential; this must be tested in each individual case. If I report that someone else has been a victim, what happens then? Answer: If unsatisfactory circumstances are reported by someone other than the person who is stated to be a victim, the claimed victim is contacted and will have the opportunity to confirm or deny that it took place. Investigative work presupposes the voluntary participation of the persons affected. The university has no possibility of using compulsion to perform an investigation. Is the process of reporting, investigation and action always similar? Answer: The process from someone reporting unsatisfactory circumstances to an investigation being performed and action being taken can differ, depending on what it is about. Regardless of whether it is a complicated or a relatively simple process, or whether the unsatisfactory circumstances can be resolved quickly by simple means or take time and a number of different measures, the process description shall be followed. The process may be adapted according to the nature of the case, but the various aspects need to be gone through. It is very important that the process is documented. You can read more about this in the university s Process description for suspected victimisation. Page 3 of 6

4 If I make a report, can I be punished or mistreated because of it (reprisals)? Answer: An employer may not subject anyone who has reported suspected victimisation to reprisals. Nobody at the university may subject an employee, student, trainee, person who is applying to the university or any hired-in workforce to reprisals. If you suspect that you are being subjected to reprisals, contact the investigator in the case immediately. If I am a victim and wish to talk to someone, who is bound by professional secrecy? Answer: If you are a victim and an employee, you should contact the university s safety representative personnel in the occupational health service the development consultants in the HR department union representatives (for union members) Answer: If you are a victim and a student and you wish to talk to someone, but you do not wish the content of the discussion to be taken further (professional secrecy) you should contact the student or doctoral student representative in the students union the student welfare office a student safety representative You can approach these persons/functions if you need advice and support also in cases where confidentiality is not important to you. I am a manager and have just found out that there is a case of suspected victimisation at my workplace. I am uncertain as to how to proceed. Who can I talk to? Answer: If it is a case of victimisation and work environment problems, you should approach the personnel development section (in the HR department), or start by contacting your HR partner. As a manager, it is important that you notice unsatisfactory circumstances at an early stage and work to resolve them. The early recognition of signals from persons who are having a bad time, conflicts in the workplace, disrespectful treatment, lack of clarity in assignments and tasks and breakdowns in communication can reduce the risk of anyone being subjected to victimisation in some form. If you are a head of department, you must inform the dean. When should an investigation into victimisation be performed? Answer: Section 9 of the regulations on systematic work environment activities (AFS 2001:1) states that if any employee is subject to ill health or an accident at work or if any serious near accidents or incidents occur at work, the employer must investigate the causes so that the risk of ill health and accidents in the future can be prevented. Page 4 of 6

5 In this context, the rule means that if any signs are found that ill health or a serious incident has occurred that is linked to information about victimisation, the employer must perform an investigation. In practice, this means performing an investigation and risk assessment and taking measures with regard to defects in the organisational and social working environment that could lead to victimisation. Who performs an investigation of victimisation? Answer: The investigation is performed by a member of the HR department or alternatively by an investigator from the occupational health service, for example. How can you decide what is victimisation? Answer: Thomas Jordan of the Department of Work Science at the University of Gothenburg has written a description of different situations and behaviour that can be regarded as victimisation and what is not regarded as victimisation. These can be regarded as victimisation Repeated disparaging, sarcastic or ridiculing comments on work performance. Repeated abusive or offensive comments about the person, opinions, appearance or private life. Repeated aggressive outbursts Repeated physical intrusions into the personal sphere, such as nudges or blocking the way. Systematic ostracism where a person is ignored, not called to staff meetings, excluded from interviews. Repeated irrelevant or disproportionate criticism. Repeated clear insinuations that a person should resign. Threats of violence or other abuse. Sexual harassment in the form of touching, repeated unwanted advances, comments of a sexual nature. Spreading rumours that undermine a person s dignity. These can be regarded as not being a question of victimisation An employee has been given substantiated and reasonable critical feedback on his or her way of doing the job. A person wishes to have more personal relations and conversations with colleagues, but the colleagues wish to keep things less personal. A person has on several occasions not been invited to private parties that several colleagues have attended. One-off incidents where someone became angry or expressed themselves in a heavyhanded way. Page 5 of 6

6 An employ has had his or her wishes regarding working hours, further education, benefits, a salary increase or similar rejected and there are reasonable grounds. More information about victimisation (in Swedish) Page 6 of 6

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