Regulations on responding to bullying, violence, gender-based and sexual harassment and gender-based and sexual violence within the University of Akureyri were approved by the University Council on May 23, 2019.
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Violence, bullying, gender-based and sexual harassment, gender-based and sexual violence (hereafter referred to as offences) are strictly forbidden on the part of staff members, students and others involved in the operations of UNAK, such as contractors and guests. Such behaviour is neither tolerated in relations between staff and students of UNAK, relations between staff members, relations between students, nor relations of UNAK staff members or students with individuals who are not considered employees or students at UNAK, provided that the relations take place in connection with the operations of UNAK.
The objective of these Regulations is to ensure that resources are in place if incidents occur involving bullying or any kind of harassment or violence within UNAK. In addition, these Regulations are intended to promote the prevention of and measures against such offences within UNAK, as well as forming a basis for clear rules of procedure to ensure that the University responds correctly in accordance with provisions in the Act on Working Environment, Health and Safety in Workplaces no. 46/1980 and Regulation no. 1009/2015 on measures against bullying, sexual harassment, gender-based harassment and violence in workplaces.
Employees, supervisors and students bear mutual responsibility for contributing to a good and safe working environment, positive working atmosphere and tolerance.
The term bullying refers to repeated behaviour which generally causes distress for the targeted individual, such as degrading, offending, hurting or threatening the individual or causing him/her fear. Difference of opinion or disagreement because of different interests do not fall under this definition.
The term violence refers to any type of behaviour which results in, or could result in, physical or psychological harm or suffering on the part of the victim; also the threat of such and coercion or arbitrary deprivation of freedom.
The term gender-based harassment refers to conduct which is connected with the gender of the person affected by it, is unwelcome to the person in question and is intended to or has the effect of impairing the dignity of the person and creating a situation that is threatening, hostile, degrading, humiliating or insulting for the person. This harassment may be physical, verbal or symbolic. A single instance may be considered gender-based harassment.
The term sexual harassment refers to any type of sexual behaviour which is unwelcome to the person subjected to it and is intended to impair the dignity of the person concerned, or which has this effect, particularly when the behaviour results in a threatening, hostile, degrading, humiliating or insulting situation. The behaviour may be verbal, symbolic and/or physical. A single instance may be considered sexual harassment.
The term gender-based violence refers to violence based on gender which results in, or could result in, physical, sexual or psychological harm or suffering on the part of the victim; also the threat of such and coercion or arbitrary deprivation of freedom, both in private life and in a public venue.
The term sexual violence refers to an offence against the sexual freedom of an individual which is declared punishable in Chapter XXII of the General Penal Code.
The term staff members refers to all those who are employed at the University of Akureyri, whether they are permanent or temporary employees, part-time teachers or work for the University as contractors or subcontractors.
The term parties to a case refers to persons said to have committed an offence and persons said to have been the victim(s) of the offence.
The University Council appoints a Professional Council for a term of three years at a time, which has the role of processing cases that concern the above-mentioned offences within the University of Akureyri. The appointed Chair shall be an individual who has both professional knowledge and experience of processing cases of this nature and is not in a permanent position at UNAK. In addition to the Chair shall be appointed two members; one nominated by the Rector’s Office and another nominated by Student Counselling Services. The University Council shall also appoint three members as alternates according to the same rules. In nominating persons to the Professional Council, care shall be taken to ensure that nominations comply with provisions in Article 15 of the Gender Equality Act no. 10/2008.
The role of the Professional Council is to receive and investigate reports concerning offences committed within UNAK and provide administrators of academic or work units and parties to cases with observations on the reports and propose reforms, as applicable. The Professional Council shall furthermore advise UNAK’s senior administration on preventative measures against such offences.
The Council gives consideration to rules of procedure in the Administrative Procedures Act no. 37/1993, especially provisions on the right to be heard, duty to investigate, equal treatment of parties and prompt handling, as applicable. Consideration shall also be given to rules of competence in the Administrative Procedures Act concerning the suitability of representatives in the Professional Council to address cases at each time. The Professional Council adopts rules of procedure on handling of cases and its work methods.
Anyone wishing to report an incident or offence committed against them, either ongoing or in the past, by a staff member, student, contractor or guest at UNAK, or anyone wishing to report an offence which the person concerned has reasoned suspicion or knowledge of, shall generally contact one of the three members of the Professional Council or the Project Manager of Human Resources at UNAK.
UNAK staff members can also contact their immediate supervisor, but if this person is the one deemed to have committed the offence, staff members can contact the supervisor’s supervisor. Students can also contact Student Counsellors, the respective Head of Faculty, and, depending on circumstances, the respective Dean of School.
Any person receiving a report concerning an offence shall without delay refer the matter to the Professional Council for processing.
A formal notification shall be submitted using the applicable form which is forwarded to the Professional Council.
The Professional Council is obligated to investigate cases sent to it for processing and to submit a conclusion as soon as possible. The measures taken by the Council in investigating the matter are always taken in consultation with the alleged victim.
When a report concerning an alleged offence is received by the Professional Council, the alleged victim of the offence shall be summoned to a meeting of the Council where he/she is given the opportunity to relate the details of the case. The Council assesses the circumstances and either summons the alleged perpetrator to a meeting of the Council, where the person concerned is given an account of the report and provided with an opportunity to express him/herself about the case, or the Council seeks information from other parties before discussing the case with the alleged perpetrator.
Following interviews with the parties to the case, the Professional council makes a decision on whether the case shall be formally processed. The Professional Council shall have unrestricted access to information pertaining to the case in the archives of UNAK and archives of Faculties.
If the Professional Council decides to formally process a case, the Council shall notify the parties to the case, as well as supervisors of the academic or work unit(s) of the parties, as needed. The supervisors shall, after consulting with the Professional Council, take any necessary measures concerning the academic and work arrangement of the parties to the case. Efforts shall be made to reach an accommodation in regard to work arrangement whilst the case is being processed. It is not permissible to transfer in terms of studies or work the person who has reported an offence unless the person requests this.
The Council shall offer the alleged victim of the offence professional assistance from a psychologist, social worker or other therapist with specialist knowledge of the offences concerned. Furthermore, the person whom the complaint is made against shall be offered professional assistance if the Council believes this to be necessary. If the alleged victim of the offence wishes to report the matter to the police, the Professional Council shall assist the person as far as possible and also if the alleged victim chooses to report the matter to the police at a later stage in the processing of the case.
When the investigation of the case has concluded, the Professional Council issues an observation outlining its conclusions to the parties to the case and supervisors of the academic and work units in question. If the Council considers an offence to have been committed, the Council shall submit proposals concerning an appropriate response to the supervisor of the unit concerned who makes a decision on the next steps in consultation with the Project Manager of Human Resources and/or Student Counsellors. The final decision in such cases is taken in accordance with laws and regulations that apply to the University of Akureyri.
Within three months of taking measures, the Professional Council shall summon all parties to the case and relevant supervisors to its meeting to assess the results of the measures. If satisfactory results have been attained, the case is considered closed, but otherwise, the Council shall submit proposals for further measures.
Parties in the Professional Council and others involved are obligated to maintain confidentiality in regard to individual cases and are not permitted to share information on cases to unauthorised parties unless laws dictate otherwise.
All documents and information concerning individual cases shall be treated in accordance with current provisions of the Act on the Protection of Privacy as regards the Processing of Personal Data.
The Professional Council shall record and maintain statistical information concerning cases received by the Council and shall publish this information annually.
These Regulations, established on the basis of Article 2 of Regulations for the University of Akureyri no. 387/2009 with subsequent amendments and according to the Gender Equality Act no. 10/2008, Act on Working Environment, Health and Safety in Workplaces no. 46/1980 and Regulation no. 1009/2015 on measures against bullying, sexual harassment, gender-based harassment and violence in workplaces, enter into force upon being approved by the University Council.
These Regulations shall be reviewed based on gained experience within two years of entering into force.
Approved in the University Council of the University of Akureyri on 23 May 2019.
