DRAFT for Consultation Dignity and Respect - Sexual and Sexual Policy

Policy owner HR & Registrar Approval date and body

1. Purpose

Our University, University College Dublin, has six core values driving our culture: Excellence; Integrity; Collegiality; Engagement; Diversity and Creativity. In line with these values, the University is committed to providing an environment in which all members of our community should expect to be able to thrive and to be respected and valued for their unique perspectives and contributions so that they can achieve their fullest potential. It is committed to the promotion of a culture, for work and study, which upholds the dignity and respect of the individual and which supports the right to study and/or work in an environment which is free from and sexual misconduct.

The Dignity and Respect, Sexual Harassment and Sexual Misconduct Policy (The Policy) sets out how the University defines sexual harassment and sexual misconduct, key roles and responsibilities and the supports that are available for anyone who has been subject to sexual harassment or sexual misconduct.

The policy is part of a broader series of actions that have the ultimate aim of eradicating these issues and helping to ensure all students, employees and visitors positively experience their time at UCD. The national framework, “Safe, Respectful, Supportive and Positive: Ending and Harassment in Irish Higher Education Institutions, 2019” outlines a framework which promotes a healthy and informed understanding of consent and relationship in higher education systems. This framework has been closely followed in support of this policy.

UCD operates a zero-tolerance approach to sexual harassment and sexual misconduct and it is important that all members of the UCD community understand that this type of behaviour will not be tolerated.

We are committed to providing a safe environment conducive to the academic, professional, social and personal development of all members of the UCD community. We will take all reasonable steps to provide an environment free from the risks of sexual harassment and sexual misconduct.

We recognise the significant negative effects that experiencing sexual harassment and sexual misconduct can have on an individual and we will provide a supportive and confidential environment where students and employees feel confident and empowered to disclose, that they will be listened to and understand the options and supports available to them.

The Dignity and Respect Sexual Harassment and Sexual Misconduct Procedure (The Procedure) outlines the how the University will respond to a disclosure or a formal complaint. The policy and the procedure should be read in conjunction with each other.

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2. Definitions

It is important that all students, employees and visitors make themselves aware of the definitions below as it will help them determine whether the policy applies to their own situation. These definitions have been developed based on a review of best practice, Codes of Practice, the national framework, Safe, Respectful, Supportive and Positive: Ending Sexual Violence and Harassment in Irish Higher Education Institutions, 2019.

The intention of the person against whom the complaint is being made (the respondent) is irrelevant. The fact that the respondent may not intend to engage in sexual harassment or sexual misconduct against an employee or student is not a defence, it is the impact of the behaviour on the complainant that is considered.

Sexual Harassment:

Sexual harassment includes any act of , request for sexual favours, other act or conduct including spoken words, gestures or the production, display or circulation of written words, picture or other material that is unwelcome and could reasonably be regarded as sexually offensive, humiliating or intimidating.

The following are examples of behaviours associated with sexual harassment: (non-exhaustive list)

• Physical contact such as unnecessary touching, patting or pinching or brushing against another body, assault or coercive • Sexual advances, propositions or pressure for sexual activity, continued suggestions for social activity after it has been made clear that such suggestions are unwelcome, unwanted or offensive flirtations, suggestive remarks, innuendos or lewd comments • The display of pornographic or sexually suggestive pictures, objects, written materials including posters, emails, text-messages, social media messaging or faxes • Leering, whistling or making sexually suggestive gestures • Conduct that denigrates or ridicules or is intimidatory or physically abusive of a person because of their sex

The Employment Equality Acts 1998 - 2015 do not prohibit all relations of a sexual or social nature at work. To constitute harassment/sexual harassment the behaviour complained of must firstly be unwelcome. It is up to each employee/student/other (e.g. visitor or sub-contractor) to decide

(a) what behaviour is unwelcome, irrespective of the attitude of others to the matter and (b) from whom such behaviour is welcome or unwelcome, irrespective of the attitudes of others to the matter

The fact that an individual has previously agreed to the behaviour does not stop them from deciding that it has become unwelcome. It is the unwanted nature of the conduct which distinguishes harassment/sexual harassment from behaviour which is welcome and mutual.

In addition, to constitute harassment/sexual harassment under the Employment Equality Acts 1998 - 2015, the behaviour must have the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for that person

1Sexual Misconduct: Sexual misconduct can be committed by a person of any gender and it can occur between people of the same or different genders. It is often gender targeted and perpetrated to demean, diminish and

1 Safe, Respectful, Supportive and Positive: Ending Sexual Violence and Harassment in Irish Higher Education Institutions, 2019. Definition of Sexual Misconduct

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intimidate. Sexual misconduct may occur between strangers or acquaintances, including people involved in an intimate or sexual relationship.

The following are examples of behaviours associated with sexual misconduct (non-exhaustive list)

• Predicating inclusion or access to work or study opportunities or other advantages on participation in interactions of a sexual nature • Grooming, psychological and coercive contact • Making unwanted remarks of a sexual nature, either directly, or via text or social media apps. • sharing private sexual materials of another person without consent; • Any behaviour of a sexual nature that is committed without consent • Kissing without consent. • Touching inappropriately through clothes without consent. • Non-consensual taking or sharing of intimate images. • Sexual cyberbullying. • Verbal or physical harassment in a sexual context. • Inappropriately showing sexual organs to another person • Creating, accessing, viewing or distributing child material online or offline. • behaviours whether online or offline. • A promise of resources, access to education, opportunities and career progression in exchange for sexual access • Attempting to engage in sexual intercourse or engaging in a sexual act without consent. • Misuse of power, by academic or professional staff towards students or more junior levels of staff or misuse of power in a relationship between students or staff who have unequal institutional power.

2Consent

Consent in the context of sexual misconduct is defined as the freely given verbal or non-verbal communication of a feeling of willingness to engage in sexual activity. A person consents to a sexual act if they freely and voluntarily agree to engage in that act. There is no consent if the victim is asleep or unconscious; force or the threat of force is used; they cannot consent because of the effect of alcohol/other drug; they cannot communicate consent because of a physical disability; they are mistaken about the act or about the identity of the other person; the only indication of consent came from a third person, or if they are being unlawfully detained at the time of the act.

Consent can be withdrawn at any time, and just because someone has previously given consent, does not preclude that person from withdrawing consent.

Non-consensual sexual activity may amount to a prosecutable criminal offence.

Disclosure

In the context of this policy, disclosure refers to the case where an individual disclose informally that they feel they have been subjected to sexual harassment or sexual misconduct. Making a disclosure does not constitute a formal complaint, however after speaking with someone, they may decide to then submit a formal complaint. When making a disclosure, you will be signposted towards internal and external supports. You will be made aware of your right to make a formal complaint, and if you choose this option, you will be provided with the relevant support systems.

Formal Complaint

2 Safe, Respectful, Supportive and Positive: Ending Sexual Violence and Harassment in Irish Higher Education Institutions, 2019”. Definition of Consent

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A complaint is deemed to be formal once the Dignity and Respect complaint form has been completed and submitted to the Equality, Diversity and Inclusion Unit. Following receipt of a formal complaint, a preliminary screening will decide whether the alleged behaviour falls within the definition of sexual harassment or sexual misconduct as defined in this policy. If deemed to fall within the definitions, the complaint will either proceed to mediation or directly to a formal investigation.

Complainant

The complainant is a person who alleges that they have been subject to sexual harassment and/or sexual misconduct.

Respondent

The respondent is a person who allegedly carried out the sexual harassment or sexual misconduct behaviour.

Precautionary measures

The University may impose at any stage, precautionary measures on a student or employee who is alleged to have engaged in sexual harassment or sexual misconduct pending the outcome of a criminal or University investigation process. Any precautionary measure that is deemed reasonable by the University is not a penalty or a sanction and does not indicate that the University has concluded that the person concerned has committed a breach of discipline or a criminal offence. Rather these precautionary measures may be put in place in the best interests of all parties involved. There are a range of precautionary actions that can be put in place and any action taken will be reasonable and proportionate. The decision to take precautionary action will be made at an appropriate senior level. Further information on the range of measures are outlined in the procedures document.

Zero tolerance

A zero-tolerance approach in this context is not about prescribed penalities no matter the severity of the offence. It is about stating clearly that we believe that certain behaviours are unacceptable and that if they are witnessed or reported then appropriate and easily accessible complaints processes are in place to deal with them.

It is also about making sure people know that UCD takes a zero-tolerance approach to these behaviours and understand the potential sanctions that can be imposed on them. It is intended that this approach be enshrined in our culture and should protect everyone in our community from sexual harassment and sexual misconduct.

Victimisation

No employee or student will be victimised or subject to disciplinary action for disclosing or making a formal complaint in good faith, or for giving evidence in an investigation or by giving notice of intention to do so.

3. Scope

This Policy applies to all members of our community - employees, students and others. In this Policy, “others” shall be taken to include, but is not limited to the conduct of contractors, subcontractors, vendors and members of University societies/clubs. It also includes those who engage and/or who interact with the University and/or its associated bodies, those who provide services to the University, those who avail of services and/or are visitors of and to the University or any of its associated bodies. Also included in scope of this policy are those who were employees/students or members of clubs at the time of the alleged incident.

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This Policy applies to all areas of University operations and programmes. It applies to conduct which takes place:

• On our campus or any other university or other place where our employees or students are representing the University or are engaged in a University connected activity • At events such as social functions, conferences, sporting events, field trips or work assignments which are related to the University or are a University connected activity, • In person, in writing, on the telephone, by e-mail or on the internet and social media in relation to any University related activity.

Where students or employees are on placement, internship or secondment in other organisations, they need to be aware of the dignity and respect policies (or equivalent) of these organisations. Where a complaint is made whilst they are on placement or secondment, our students or employees may be subject to the policies of these organisations as well as under this Policy.

It is encouraged that complainants bring their complaint forward as soon as possible in order for a thorough investigation to take place. The passages of time can affect such things as witness memory and evidence preservation which can impact the findings of an investigation. Past employees/students should submit a complaint within 06 months of leaving the University.

We are committed to training and supporting members of the community in understanding the importance of dignity and respect and how their roles are integral in promoting a culture where work and study is free sexual harassment or sexual misconduct.

It is possible for an individual to feel they have also been subjected to and harassment as outlined in the Dignity and Respect – Bullying and Harassment Policy. If this is the case, please refer also to the policy on Bullying and Harassment [insert link].

4. Principles

Key principles

• Support the six values of the University of Excellence, Integrity, Collegiality; Engagement, Diversity and Creativity. • Promote understanding of our definitions of sexual harassment, sexual misconduct and sexual consent • Ensure that the University has proactive measures in place in order to promote a positive culture of dignity and respect and to create a working and learning environment which makes clear the expectations of members of our community with regard to respecting each other. • Promote a culture in which any incidents of Sexual Misconduct and Sexual Harassment will not be tolerated and will be addressed to ensure the preservation of a safe work and study environment. • Create an environment whereby individuals are encouraged to come forward with issues of sexual harassment and sexual misconduct and take measures as appropriate to ensure that they feel safe to do so. It is important that individuals come forward with the issues that they are experiencing so that steps can be taken to support the individual and for the issues to be resolved. • Provide information on the support mechanisms that are in place for anyone who feels they have been subject to sexual harassment or sexual misconduct • Ensure that there are a range of supports available that are trained and fully equipped to provide guidance and support to complainants and respondents. • Expect all parties to co-operate with all efforts in order to resolve complaints under the policy and without undue delay as appropriate. • Have an effective and transparent monitoring, analysis and reporting of statistics process that supports this Policy.

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5. Roles and responsibilities

As members of our community we are all expected to work to develop and maintain a high degree of respect in our diverse community and to participate in creating a positive and safe environment. There are a range of roles across the University that have been put in place in support of this policy. These roles range from supportive by being a listening ear and providing information and advice on policy and procedure, and also roles that can help to resolve a certain situation. More information on each of these roles and their key responsibilities are detailed below.

University Management Team

The University Management team has overall formal responsibility for this policy. They have the responsibility to:

• Lead and champion a positive culture of dignity and respect free from sexual harassment and sexual misconduct • Recognise that it must actively promote a culture of zero tolerance with regard to any form of sexual harassment and sexual misconduct and ensure that there are arrangements in place to support all those who experience it. This will include ensuring that all senior leaders are appropriately trained. • Set appropriate standards of acceptable behaviour for all members of the UCD community and set an example through their own actions and deeds • Take action when required based on monitoring and reporting

Individuals

All individual members of the University Community including employees, students and others have a responsibility to:

• Have an understanding of the behaviours associated with this policy that are not acceptable and not tolerated. • Do not subject your fellow colleagues or students to sexual harassment or sexual misconduct. • Participate in awareness raising initiatives that are provided • If you witness any behaviour that is considered to be in contravention of this policy, you should report it to a Head of School/Line Manager. • If someone comes to you to tell you they feel they have been subjected to sexual harassment or sexual misconduct you should encourage them to engage with the supports available in this policy and to report the incident(s). • If you are made aware by an individual that they have experienced issues of a sexual harassment or sexual misconduct nature, you should advise them to seek support and guidance from the sources available and encourage them to come forward with their complaint through the formal resolution process. • Do not make false, malicious or vexatious complaints. It is important to be aware that where reasonable belief exists that a complaint is false or malicious, disciplinary action may be taken against the complainant.

Human Resources/Office of the Registrar as appropriate

• Raise awareness and develop best practice in relation to sexual harassment and sexual misconduct • Provide advice and training to People Managers on responding to an initial disclosure • Advise on the operation of the policy and options available for the progression and resolution of dignity and respect matters

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• Provide referrals to the Dignity and Respect Contact Persons and other internal and external services as appropriate (Employee Assistance Programme, Student Counselling, Occupational Health Service, Local Crisis Centre) • Report on number of cases, trends and outcomes on an annual basis to the University Management Team and the Equality, Diversity and Inclusion Group

Equality, Diversity & Inclusion Unit

• Co-ordinate and support the Panel of Dignity & Respect Contact Persons • Provide information to employees and students on equality matters • Advise on the operation of the policy and options available for the progression and resolution of dignity and respect and sexual misconduct matters • Receive formal Dignity and Respect and Sexual Misconduct Complaints and liaise with the pre- screening panel under the Dignity and Respect and Sexual Misconduct Procedure • Provide information on mediation to parties involved in dignity and respect and sexual misconduct issues • Champion awareness on the prevention of bullying, harassment, sexual harassment and sexual misconduct and promote a culture of dignity and respect throughout the University Community • Lead out on periodic reviews of the policy • Monitor the number of informal and formal complaints in relation to sexual harassment and sexual misconduct and compile reports for Senior Management.

Heads of School, Associate Deans and Programme Co-ordinators (for students)

• Respond sensitively and promptly to students who make a disclosure or complaint. • Have an understanding of the Sexual harassment and sexual Misconduct Policy and Procedure • Be able to refer students to sources of support for complaints of a sexual harassment or sexual misconduct.

People Managers (Heads of School/Unit and those with line management responsibilities) (for employees)

• People managers have a responsibility to ensure that the dignity and respect and sexual misconduct policy is upheld and to work with those involved to resolve the issue. • At all times, treat all members of the University community with dignity and respect • Understand the policy and proactively promote ongoing awareness in relation to sexual harassment and sexual misconduct. It is particularly important that awareness of the policy is promoted to front-line employees in student facing roles. • Undertake appropriate training and be able to explain the policy to employees and students in their area. • Encourage employees and students to disclose if experiencing issues. • Be vigilant for signs of sexual harassment and sexual misconduct through observation and by getting feedback and taking action before a matter escalates. • Deal sensitively with those involved in a complaint whether as complainant (the person making a complaint) or respondent (the person against whom a complaint is being made). • Support Resolution - work with those involved in a complaint in a proactive manner to provide options and potential pathways for resolution of issues in a positive, solution focused manner. Have a clear understanding of which options are appropriate for the nature of the incident involved. • Where unwelcome behaviour has occurred, and is admitted, be clear that it is not acceptable. Potential repercussions may involve the instigation of the disciplinary procedure. • Work with UCD HR to take precautionary measures as deemed reasonable by the University. • Seek advice from relevant colleagues (e.g. HR, Equality, Diversity and Inclusion Unit) • Monitor and follow up on the situation to ensure that unwelcome behaviour does not occur or recur

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Dignity & Respect Contact Person (for employees and students)

• Specially trained to advise on the informal and formal options available under the sexual harassment and sexual misconduct policy and procedure, including formal investigation procedure. • Contact person have been specially trained to be able to respond to complaints that are of a sexual nature. • Advise a victim of sexual misconduct of their right to make a complaint to the guards • Be available to support those who are experiencing sexual harassment or sexual misconduct by listening in an independent and non-judgemental manner • Be available to support those who have allegedly carried out the sexual harassment or sexual misconduct behaviour by listening in an independent and non-judgemental manner on a confidential basis. • Signpost and provide advice on other services (e.g. Employee Assistance Programme, Student Counselling Services and Rape Crisis Centres) • Provide objective advice on the options available in accordance with the policy and procedure with the aim of the individual making an informed choice as to how they wish to proceed. • In the case of employees, it is strongly recommended that parties engage with this service if they feel that they cannot bring the issue to the attention of their line manager. • In the case of students, the initial contact should be the relevant Head of School, Programme Coordinator, Associate Dean or the Student Adviser, and following discussions, the student may wish to engage with a Dignity and Respect Contact Person for further information. • A Dignity & Respect Contact Person will not be interviewed or be involved in a formal investigation of a complaint (i.e. they will not be interviewed as a witness and should not accompany a complainant or respondent). • Where appropriate, liaise with the Equality, Diversity and Inclusion Unit regarding referrals to the mediation process (see definition in the Dignity & Respect Procedure – INSERT LINK) or request for information about mediation.

Chaplains (for students)

• Be a listening ear • Be familiar with the Dignity and Respect and Sexual Misconduct Policy and Procedure • Promote ongoing awareness of the policy and a culture of dignity and respect • Be able to refer students to sources of and seek advice as appropriate

Student Advisers (for students)

• Be a key point of contact • Act in a supportive capacity for those experiencing issues of a sexual harassment and/or sexual misconduct nature and for those who have allegedly carried out the sexual harassment and/or sexual misconduct behaviour. • Explore issues and concerns and assist to find pathways of resolution • Explain the appropriate UCD policies and the procedures for informal and formal resolution • Provide information of support services that are available such as speaking to a Dignity & Respect Contact Person • Accompany a person who wishes to approach the alleged person causing the alleged offence in a support capacity - Advisers cannot act in an advocacy role. Work closely with faculty and staff as well as with the other student support staff to ensure that each student’s experience at UCD is as fulfilling and enjoyable as possible.

Trade Unions and Students’ Union (for employees and students)

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• Trade Unions and the Students’ Union can play an important role in providing information, advice and support to employees and students who feel that they are being bullied or harassed or against whom a complaint has been made. • The trade unions with the right to represent grades of employees in UCD are: IFUT, SIPTU and UNITE.

Student Club and Society Activities (for students)

• The Chair of Student Activities Committee should be contacted if an issue arises within a Student Club or Society. • Their role is to signpost and provide advice on other services (e.g. Student Counselling Services, Student Advisers)

6. Related documents

(a) Related Documents

• Dignity and Respect Sexual Harassment and Sexual Misconduct Procedure: This policy needs to be read in conjunction with the Dignity and Respect Procedure • Dignity and Respect, Bullying and Harassment Policy • Dignity and Respect, Bullying and Harassment Procedure • The Irish Universities Association, How to Respond to Alleged Staff or Student or University Related Sexual Misconduct. 2020 • Equality, Diversity and Inclusion Policy • Employee-Student Relationship Policy • Student Code of Conduct • Disciplinary Statute • <>

(b) Legislation

This Policy is designed to ensure compliance with the Codes of Practice issued under the Safety, Health and Welfare at Work Act 2005, the Industrial Relations Act 1990 (as amended) and the Employment Equality Act (as amended). The provisions of the Work Relations Commission (WRC) Codes of Practice S.I. No.17/2002.

The following legislation is relevant to sexual harassment and sexual misconduct:

• Non-Fatal Offences Against the Person Act, 1997 • Equal Status Acts, 2000 - 2018 • Employment Equality Acts, 1998 – 2015 • Data Protection Act 1988 – 2018 • Irish Human Rights and Equality Commission Act 2014

This Policy has also been developed to ensure compliance with the Student Code.

(c) Confidentiality (see also section (g) on Data Protection)

Confidentiality will be observed as far as practicable and in accordance with the provisions of the Data Protection Act 2003 - 2018 and the Children First Act, 2015 which governs child protection. Confidentiality is a key principle of the Sexual Harassment and Sexual Misconduct policy and is essential to the integrity of a formal complaints process. It is important that any party to a complaint, which most commonly includes complainant, respondent or witness, does not breach confidentiality. This does not preclude parties to the complaint from accessing confidential support services such as

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Employee Assistance Service, speaking to a designated contact person or a student advisor, trade union representative, accompanying person or human resources. Respect for an individual’s request for confidentiality will be maintained (as far as practicable) except in any or all of the following situations:

• In situations where there is a risk that a Respondent may repeat their actions and pose a real physical/mental threat to the well-being of others. If this situation arises, the HR Director or the Registrar, as appropriate, must be contacted and there will be full disclosure to them. • Where there is a potential risk to the University • Where failure to disclose information may be a breach of statute • Where an individual is a minor

The University will take action that is necessary and proportionate in order to protect the complainant, respondent or witness involved in an investigation.

(e) Investigations by An Garda Síochána

Where an employee/student identifies a breach of this policy which constitutes a criminal offence or an immediate threat to safety, they should report the matter to the Gardaí. Individuals should also inform their line manager/Head of School, so that appropriate steps can be taken, and support provided. Should a complaint submitted to the University be investigated by An Garda Síochána, the University reserves the right to suspend its own investigation until the investigation by An Garda Síochána has come to an end. Once the University is notified of the completion of a Garda investigation by the complainant, the University investigation will commence.

In the instance that a complainant does not wish to make a complaint to An Garda Siochana, but does wish for the University to formally investigate the complaint, an internal investigation can proceed.

The University will only in the most exceptional circumstances, and with the benefit of specific legal advice, report a complaint to the Gardaí contrary to the wishes of the complainant. The circumstance in which a report by a University may be justified is if there is considered to be a clear and imminent risk to the safety of the complainant or of third parties. If the University does decide that it is necessary to report the allegation to the Gardaí, then the reasons for taking that action will be explained to the complainant so that they understand what is happening and they can be prepared if/when the Gardaí contact them. Further details are located in the Dignity and Respect and Sexual Misconduct Procedures.

(f) Monitoring and Reporting

The University is committed to using data relating to complaints and reports of sexual harassment and sexual misconduct to inform the development of initiatives and activities designed to prevent such behaviour, enhance supports for those experiencing sexual harassment or sexual misconduct and promote a safe and respectful environment for all.

An annual report including an analysis of data collated in relation to both formal complaints and via the University’s anonymous Report and Support system and, where appropriate, relevant recommendations will be submitted to the University Management Team. For the purpose of continuous monitoring and to enable local review quarterly reports will be produced and disseminated to senior university leaders. Data will also be made available to relevant University stakeholder groups.

(g) Data Protection

The University has published data privacy statements for employees and students which explain how personal data is used. This specific statement explains how the University will use personal data if one is a complainant, respondent or a witness in a case considered under the policy and procedure for handling cases of bullying, harassment, sexual harassment or sexual misconduct.

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Legal Basis for Processing The University processes personal data under the Dignity, Respect and Sexual Misconduct policy and procedures on the grounds of legitimate interest. The University is committed to promoting a culture for work and study that upholds the dignity and respect of its employees and students and the University has a legitimate interest in upholding these values. Employees and students should be able to work and study in an environment that is free from bullying, harassment, sexual harassment and sexual misconduct. The information that the University processes as part of this policy is necessary to enable the University to effectively administer and manage the process and to facilitate an investigation, where appropriate.

Personal Data Collected Personal data collected and processed by the University in connection with this policy will normally include the name of the complainant, respondent and witness, the name of the School or Unit the complainant or respondent work or study in, the complaint form (which may include sensitive personal data), the response from the respondent, notes of any procedural meetings, the investigation report and outcome of the investigation

Sensitive Personal Data Given the nature of Dignity, Respect and Sexual Misconduct complaints, the University may also process certain “special categories” of more sensitive personal information. For example, the University will process special category personal data on the basis of Article 9(g) of the General Data Protection Regulation 2016/679 where it is necessary for reasons of substantial public interest, on the basis of law which is proportionate and respects data protection and provides for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Who will have access to personal data? The information held by the University may be shared with others in the course of dealing with the complaint and will be treated confidentially. Information will be shared with the screening panel, the complainant/respondent, witnesses, the investigator. In some cases, it may also be considered appropriate to inform your line manager or supervisor/Head of School or College Principal student), as appropriate, dignity and respect contact person, mediator and/or Registrar/Director of HR/AUC Disciplinary Committee, as appropriate

Retention Information collected by the University will be retained by the University only for as long as necessary to administer the informal or formal resolution procedures and any subsequent procedures following this. The information may also be retained for as long as necessary to meet legal, administrative, or operational needs. Certain factors will be taken into account such as legal and reporting requirements.

Evaluation and Reporting The University will evaluate and analyse information collected from complaints under the Dignity, Respect and Sexual Misconduct Policy for statistical purposes. It will not be possible to identify any individual from data collected for statistical purposes. The statistical data will be used to identify trends and highlight opportunities to address identified issues.

General

1. The Dignity & Respect Complaints Procedure should be read in conjunction with this Policy [insert link]. Strict observance of the Procedure is not appropriate in all cases. Circumstances may warrant that the procedure is abridged or varied and the University reserves the right to do so at any time. The University also reserves the right to amend this Policy and the Procedure from time to time in line with guidelines as set out in the Policy Management Framework.

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2. This Policy will operate parallel to other University policies and procedures, including the appropriate disciplinary procedures policies.

3. Where there is more than one University procedure (and/or policies) applicable to any one matter, this will be reviewed by the HR Director (or nominee), the Registrar (or nominee) and Manager of Legal Affairs (or nominee). This group shall decide which of the University’s procedures (and/or policies) should have priority or be the most appropriate in the circumstances, and may direct the continuation of some procedure(s) (and/or policies) and the suspension of others pending the outcome of the former.

4. Where in this Policy and the associated Procedure reference is made to any named University office-holder, such reference is to be read as including reference to their appointed nominee.

5. The University is committed to reviewing this Policy on a regular basis in line with changes in the law, relevant case-law or other developments.

7. Version history

Version Date Description Author

1.0 June 2020 New policy on Sexual Harassment and D&R Project Sexual Misconduct Review Group 2019 / 2020

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