Contents
1. Introduction
2. Inappropriate treatment and harassment in the work environment or in the academic community
3. Instructions for:
- Those subjected to bullying and harassment
- Superiors
- The work community
- Students
- Those accused of bullying and harassment
4. The employee’s responsibility
5. Sanctions
6. Legislation
7. Contact persons
1. Introduction
Safeguarding the personnel’s wellbeing is a central aim of the University of Helsinki’s Personnel Policy. The University disapproves of any kind of inappropriate treatment, bullying or harassment. Each and every superior at the University is obligated to address the situation if they notice inappropriate treatment, bullying or harassment in their unit.
Students at the University of Helsinki have the right to a safe and pleasant study environment. Consequently, all units and departments must ensure that their students are not subjected to harassment or inappropriate treatment in their studies and supervision.
To the victim, psychological abuse is distressing and humiliating, and weakens his or her mental and physical wellbeing. In the work community, it causes stress, generates various kinds of symptoms of malaise and leads to sick leaves. The work community may lose a great deal of its capacity.
All of this means financial loss for the employer.
These instructions are meant to serve as a guideline for those who have been subjected to inappropriate treatment and harassment, for superiors, and for all members of the work and academic communities.
2. Inappropriate treatment and harassment in the work environment or in the academic community
Inappropriate treatment may manifest itself in various forms. In all communities conflicts arise between people from time to time, but not all conflicts and clashes are psychological abuse or bullying. The borderline between bullying and mundane conflicts at work may vary.
Psychological abuse is bullying, disparaging or other negative behaviour that carries on repeatedly for a long time and leaves the victim feeling defenceless. Bullying may occur between colleagues or fellow students, between a superior and an employee, and between a teacher and a student. Any one of these may be the victim or the abuser. The victims of psychological abuse will find it especially difficult to handle the situation if the abuser is in a position of power above them.
Bullying includes:
- repeated humiliation and insulting
- limiting social interaction, not speaking to or returning a greeting to a person
- casting aspersions or spreading gossip about a person, or ridiculing a person
- denying a person certain work assignments or assigning him or her assignments that are below his or her qualifications
- threats of physical violence
Bullying does not include:
- orders given by the employer, based on authority or supervisory power
- conflicts that arise from decisions or interpretations involving work or studies
- problematic work-related situations that are discussed between employees
- disciplinary warnings or punishments
- referrals to an assessment of work capacity
- changes in assignments that have been discussed with the employee
Harassment refers to violating a person’s or a group’s dignity and integrity while creating an intimidating, degrading and hostile atmosphere. Harassment is one form of discrimination. Both intentional harassment and conduct with insulting consequences are forbidden.
For example, racist jokes or name-calling aimed at a colleague belonging to a sexual minority are instances of harassment.
Gender harassment refers to behaviour pertaining to a person’s gender which is unwanted and deliberately or otherwise de facto creates a degrading, humiliating, hostile, offensive or aggressive atmosphere. Gender harassment is not necessarily sexual in nature. Sexual harassment refers to any behaviour that is sexual in nature – physical, verbal or non-verbal – and is unwanted by the recipient.
Sexual harassment may include:
- sexually insinuating gestures or expressions
- foul language and messages with a sexual double meaning, including e-mail and Internet harassment
- suggestive comments about a person’s body, dress or personal life
- pornographic materials
- touching
- suggestions or demands for sex
- in the worst case, rape or attempted rape.
Discrimination refers to treating a person or a group of people differently from another in a comparable situation without an acceptable reason because of their racial, national or ethic origin, colour, language, gender, gender identity, age, sexual orientation, state of health, religion, belief or other reason. Discrimination occurs when, for example, a teacher refuses to supervise students representing a certain nationality. Indirect discrimination refers to a situation where an apparently neutral provision, criterion or practice disadvantages certain people more than others. A regulation or an order to discriminate may also qualify as discrimination.
Discrimination at work refers to a situation where an employer treats an employee less favourably in hiring or during employment. In such situations, the employer violates his or her obligation to treat all employees objectively and equally. The obligation of equal treatment does not mean, however, that everyone should always be treated in the same way.
3. Instructions for:
Those subjected to bullying and harassment
No one should tolerate inappropriate treatment. If you think that you are being inappropriately treated, tell the bully or harasser immediately that you do not approve of their conduct and tell them to stop. It could be that they did not realise that they were acting in an offensive way.
If the bullying or harassment continues, contact your immediate superior or, if he or she is the bully, his or her superior. It is the superior’s duty to use all available means to stop inappropriate treatment and harassment. Students may contact the head of their department.
Keep a written record of the incidents. The bully or harasser cannot be held accountable if the incidents cannot be proven. Also, save offensive emails and other messages, if any.
If the issue cannot be resolved in your own work or study environment, seek help from the outside. University employees may contact an occupational safety delegate, a shop steward, the Human Resources and Legal Affairs Department or the occupational health services unit. Students may contact the Student Union or the Finnish Student Health Service. Seek help from the individual or organisation that feels the most natural to you. No action will be taken without your consent and all discussions with the contact persons will be confidential.
Superiors
Superiors must intervene if any incidents of psychological abuse in the work community come to their knowledge. The superior must listen to both parties and clarify what has happened. The rules of conduct and possible further action will be agreed upon in meetings. The superior must put a stop to inappropriate treatment at work. A follow-up meeting must also be held. If needed, the superior will contact the Human Resources and Legal Affairs Department or occupational health services. It is important to note that no one from outside the unit can assume the role and responsibilities of the superior. The superior must set limits as to what is acceptable behaviour at work and what is unacceptable.
The superior must take an objective attitude towards the person who feels that he or she is being inappropriately treated. No negative actions may be taken against the victim because he or she has come forward about the matter.
The work community
Even though it is the superior who bears the ultimate responsibility for handling problematic situations between individuals and groups at the work place, the members of work and academic communities must demonstrate through their attitudes and actions that the community does not tolerate inappropriate treatment. The victims of bullying must be helped if they ask for help. Every member of a community is responsible for community policies.
Psychological abuse directed at one member of a work community has a detrimental effect on the wellbeing of the entire community. Clear policies for the resolution of conflicts and handling of insults within the work community will prevent long-term, deep-rooted vicious circles.
Students
The University is responsible for the teaching and supervision offered to students, as well as for study-related practical training. The departments must ensure that students are not subjected to inappropriate treatment in these situations. The departments must also ensure that students who have been inappropriately treated can continue their studies without any problems. Students may contact the head of their department, or the contact persons or the equality adviser at the Student Union.
Those accused of bullying and harassment
If necessary, talk to your superior, for it is good if he or she hears about the accusations directly from you. Even if you think that you are not guilty of bullying or harassment, do not belittle the accuser’s feelings, but immediately stop behaving in the allegedly inappropriate manner.
Sometimes, defining the borderline between everyday conflicts and bullying is difficult. No one will be branded as a bully solely on the basis of accusations.
4. The employee’s responsibility
Employees must follow the orders and instructions given to them by their employers within their authority. Employees must also take care, within available means, of their own and their colleagues’ safety and health, and avoid directing inappropriate treatment at other employees.
Everyone must accept the fact there are people of all kinds at the work place, and we must be able to work together with them. Everyone must be able to behave themselves.
5. Sanctions
If discussions and agreements do not stop the bullying or harassment, the superior may, after a hearing, issue the abuser a verbal caution or a written warning. The most serious consequence may be the termination of employment.
If the bullying or harassment has included an intentional violation of physical integrity, the victim may report this to the police.
The employer is obligated by law to take measures if harassment or other inappropriate treatment occurs at work. Neglect of this obligation may lead to punishment for a violation of occupational safety and health. In cases of discrimination, the employer may be sentenced to pay compensation to the affected employee, as provided by the Act on Equality between Women and Men. Cases of inappropriate treatment may go to court at the employee’s initiative.
6. Legislation
State Civil Servants Act 750/1994
Occupational Safety and Health Act 738/2002
Act on Equality between Women and Men 609/1986
Non-Discrimination Act 21/2004
Penal Code 39/1889
Tort Liability Act 412/74
7. Contact persons
If problems cannot be solved at the work place, employees may seek help from the contact persons at the Occupational Wellbeing Unit of the Human Resources and Legal Affairs Department, the occupational safety officer, occupational safety delegates, shop stewards or occupational health services. In cases of harassment, employees may contact the University’s equality adviser.
Students may turn to the Student Union harassment contact persons, the equality adviser, the Finnish Student Health Service, or the Nyyti Student Support Centre.
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