What does Mobbing mean?
Come sappiamo, il fenomeno delle vessazioni sul posto di lavoro non appartiene solo all’Italia ma si estende a molti altri paesi.Credevamo utile quindi , fare un breve parallelo con l’Inghilterra, fornendo alcune precisazioni inerenti il termine “mobbing” e sottoponendo un esempio, in lingua inglese, del documento ufficiale dell’Università di Exeter (Devon,UK) dove vengono spiegate le politiche dell’Università come datore di lavoro.
Innanzi tutto , ciò che noi chiamiamo “MOBBING” , non ha lo stesso significato per un inglese.Infatti, in Inghilterra , per descrivere lo stesso fenomeno, adottano il termine:
“HARASSMENT” dal verbo TO HARASS , che significa ,letteralmente : seccare,
tormentare.
“HARASSMENT” viene usato dagli inglesi anche per esprimere: molestie,
persecuzioni.
Più colloquialmente, gli inglesi, adoperano il termine “BULLYING”;
dal nome”BULLY”: prepotente, dominatore;
oppure ne usano il verbo per esprimere: opprimere, tiranneggiare.
Il documento sotto è un esempio interessante per fare dei confronti, sia in termini sostanziali che di forma , con la realtà italiana; ma ci serve anche (per questo lasciato in lingua originale) a dare ospitalità e informazioni sull’argomento, a chi ci legge da paesi anglofoni e a chi inglese , qui da noi soggiorna.
University of Exeter
POLICY ON THE PROTECTION OF DIGNITY AT WORK AND STUDY
1 Policy Statement
1.1 The University of Exeter is committed to a policy of equality of opportunity and aims to provide a working and learning environment which is free from unfair discrimination and will enable staff and students to fulfil their personal potential. All individuals should be treated with dignity and respect whether at work or study; staff and students have an important role to play in creating an environment where harassment is unacceptable.
1.2 The purpose of this Policy is to assist in developing and encouraging a working and learning environment and culture in which harassment is known to be unacceptable and where individuals have the confidence to deal with harassment without fear of ridicule or reprisals. This policy aims to ensure that if harassment or bullying does occur, adequate procedures are readily available to deal with the problem and prevent it recurring. Harassment can have a detrimental effect upon the health, confidence, morale, learning and performance of those affected by it.
1.3 The University of Exeter undertakes to:
Apply the policy to all members of staff and students.
Ensure prompt response to formal complaints.
Treat incidents of harassment or bullying as being very serious. In some instances, harassment may be dealt with informally. In others, there may be grounds for disciplinary action, including dismissal or expulsion from the University.
Publicise the Policy as widely as possible in order to ensure that all staff and students are aware of its existence.
Provide Harassment Advisors who are available to all staff and students. The Advisors are representative of staff and students and are trained to deal sensitively with any initial approaches made to them.
Monitor the number of cases arising and the effectiveness of the Policy.
2 Definition of Harassment
2.1 Harassment is unacceptable behaviour, which can range from violence and bullying to more subtle behaviour such as ignoring an individual at work or study. It subjects an individual or a group to unwelcome attention, intimidation, humiliation, ridicule, offence or loss of privacy. It is unwanted by the recipient and continues after an objection is made, although a single incident may be serious enough to constitute harassment and justify a complaint.
2.2 This definition includes sexual and racial harassment, and bullying as well as any other form of personal harassment arising from disability, sexual orientation, socio-economic status, age, religion etc. It can be a single explicit incident causing distress or repeated unacceptable behaviour affecting the dignity of an individual that appears or feels offensive, demeaning, intimidating or hostile.
2.3 Differences in attitude, background or culture can mean that what is perceived as harassment by one person may not seem so to another. Harassment will have occurred if any independent, reasonable individual deems it to have occurred.
3 Sexual Harassment
3.1 Sexual harassment constitutes the inappropriate introduction of sexual comments or activities into teaching, learning, living or working environments. It is conduct that has sexual implications such as:
unnecessary and unwanted physical contact; unwelcome advances, attention or propositions; displaying sexually explicit material; sexual comments; persistent demeaning or offensive jokes; sexual innuendo and expletives; unwanted comments about appearance, degrading text/messages on computer screens or elsewhere; indecent demands or requests for sexual contact or actual sexual assault.
3.2 There is no justification for sexual harassment even if the offence is not intended.
3.3 Sexual harassment often, but not always, arises between people of unequal status and the university will regard the abuse of a position of authority very seriously. Explicit examples of such abuse might include:
promises of reward for compliance e.g. higher assessment marks for a student, or recommendation for promotion for a member of staff.
threats of penalties where there is non-compliance e.g. refusal to provide appropriate support or resources, or denial of a request for appropriate training.
Those in authority should be aware that harassment may be experienced even when no explicit promise or threat is made.
3.4 There are professional as well as ethical reasons for staff to maintain an appropriately formal relationship between themselves and students.
3.5 The most common form of harassment is of women by men, but sexual harassment of men by women or within the same sex does occur. All are equally unacceptable.
4 Racial Harassment
4.1 Racial harassment is conduct based on race, colour, nationality or ethnicity, which is offensive to the recipient. It can be racial discrimination and may constitute the inappropriate introduction of racial comments or activities into teaching, learning, living or working environments. There is no justification for racial harassment even if the offence is not intended.
4.2 It is a hostile or offensive act or expression by a person of one racial or ethnic origin against a person of another, or incitement to commit such an act. Such behaviour can include:
derogatory name-calling; insults or racist jokes; racist graffiti, verbal abuse or intrusive questioning about racial issues or racial origins; gestures, or physical threats or attacks; deliberate exclusion from social activities; ridicule of an individual for cultural differences such as appearance, dress, diet, religion or ethnic background.
5 Personal Harassment
5.1 Personal harassment constitutes the inappropriate introduction of comments or activities into teaching, learning, living or working environments concerning an individual’s disability, age, socio-economic group, sexual orientation, religion or any other form of personal victimisation. These forms of harassment can cause misery and may include:
insulting remarks based on the grounds of personal appearance, personal circumstances; using a person’s known disability to demoralise them; mockery, taunts or pranks about such matters as age, sexual orientation, cultural differences, religion, socio-economic status or disability.
5.2 Bullying is a particular form of personal harassment. It is threatening, abusive, intimidating or insulting behaviour that may be an abuse of power, position or knowledge. It can happen in public or in private and may arise from the combination of an authoritarian personal style in the bully and a lack of assertiveness and self-confidence in the person or persons being bullied. An assertive management style would in itself not constitute bullying but where assertiveness gives way to aggression it is likely to become destructive rather than constructive. Some examples of bullying are:
shouting and sarcasm; derogatory or belittling remarks in front of others regarding appearance, work or personal attributes; ignoring; unwarranted exclusions; punishing a competent person by inappropriately removing some responsibility; or subjecting someone to group pressure.
5.3 It is not confined to open, derisory remarks or aggression, but can also be subtle and devious, resulting in an individual being singled out, demeaned and devalued.
5.4 Bullying can be carried out by an individual or group of individuals. It frequently involves someone in a position of authority bullying someone in a lesser position but bullying of people in a more senior position by people in a lesser position and between people in an equal position does occur. All are equally unacceptable.
5.5 Bullying can be unpredictable, irrational and sometimes unseen by others. It can cause an individual to feel isolated, with possible implications for physical and mental health.
5.6 Vigorous speech and comment, academic debate and legitimate management of the performance of staff or students can be distinguished from bullying behaviour. However, care should be taken to ensure that neither staff nor students are made to feel intimidated.
6 Responsibilities
6.1 Everyone has a responsibility to behave in a way that is not offensive to others.
6.2 Everyone has a responsibility to acknowledge that views, opinions held by others and decisions made by managers and supervisors may not always coincide with their own; such differences are unlikely to constitute harassment.
6.3 It must be recognised that those in positions of authority have both a right and responsibility to discharge managerial duties. In so doing they may need to adopt a firm or assertive style, but they should take care not to demean, devalue or intimidate staff or students.
6.4 Heads of Schools/Divisions and all in managerial or supervisory roles have a responsibility to promote a culture free from unacceptable behaviour, and to react to any allegations of harassment/bullying as quickly as possible.
6.5 In the same way, those responsible for student welfare must react to such allegations appropriately.
7 Advice and Support - Harassment Network
7.1 The University operates a network of Harassment Advisors. The network comprises a variety of people from different sections of the University and anyone - staff or students - is free to make contact with any one of them, not necessarily the Advisor in their area of the university. They are there to listen to what has happened and to help and support, and explain the options, whether or not someone wishes to make a formal complaint. They also have names and addresses of external support groups or other professional bodies if referral is more appropriate.
7.2 The Advisor will complete a brief, anonymous record of any discussion that will be used only for the purpose of monitoring the effectiveness of the policy and the Advisor network. The Advisor will discuss the contents of this record with the complainant. Such records will be held by the member of the Personnel Division responsible for co-ordinating the harassment advisors.
7.3 If the Advisor considers that the appropriate University authority should be informed as there is unacceptable risk to the individual, another person or to the University, the complainant will be advised of this before any disclosure is made. Information will only be disclosed to relevant parties and all investigations will remain confidential.
8 Procedures and Action
8.1 Anyone who believes that they are the subject of harassment or bullying in any form can take the following steps:
8.1.1 Informal action: If at all possible those who feel they are the subject of bullying or harassment should tell the person(s) concerned that their behaviour is causing offence and ask them to stop. It may be helpful to have a note of incidents including times and dates in order to be able to give examples of the behaviour that may have caused offence.
8.1.2 Informal action with assistance from the Harassment Advisors Network: If an individual has attempted to address the issues or alternatively does not feel able to do so without support and assistance they should seek advice from an Advisor. The role of the Advisor is one of mediator and in that role they may need to discuss the issues with both parties.
8.1.3 Formal action: If, despite the intervention of the Advisor, the harassment persists, or an incident is sufficiently serious the individual should put a complaint in writing. This should include details of what has happened and how it is affecting them. There will be an initial response to a formal complaint within five working days.
Staff should address a written complaint to: The Director of Personnel
Students should address a written complaint to: The Head of School
(Stage 2 of the Students Complaints Procedure www.exeter.ac.uk/brad/ead/academic/stucompr.htm )
A preliminary investigation will be undertaken which will be appropriate to the nature of the complaint. Both parties may be accompanied at all times by a work colleague, student, trade union/Guild representative or Harassment Advisor. Such investigations will seek to establish the facts and will be conducted in a sensitive and non-threatening manner. The outcomes from such an investigation may include:
Further discussion with the parties concerned
Instigation of the Staff Grievance Procedure/Student Complaints Procedure
Instigation of the Staff or Student Disciplinary Procedure
8.2 Working or studying together: In most cases the individuals concerned are able to continue to work or study during and after formal action has been instigated. In exceptional circumstances it may be necessary for the Director of Personnel or Academic Secretary to review these arrangements with the individuals concerned.
9 Criminal Offences
9.1 The University expects members of staff and students to exercise their legal rights so as to protect themselves in cases where a criminal offence may have been committed.
9.2 If a criminal offence such as harassing phone calls, physical assault, indecent exposure or rape takes place nothing in any of the University’s policies is intended to prevent or dissuade an individual from contacting the Police.
10 Vexatious Complaints
10.1 Complaints of harassment are treated seriously by the University. It should therefore be noted that anyone found to be making mischievous or malicious complaints will be subject to the appropriate disciplinary procedures.
11 Legislation
11.1 As well as being a disciplinary offence for either staff or students, certain incidents of harassment may also render individuals liable to prosecution in courts of law, under either civil or criminal legislation.
12 Network of Harassment Advisors
12.1 An up to date list of Advisors and their locations, telephone and e-mail addresses can be found on
www.ex.ac.uk/harassment/network.htm
Leaflet for distribution to staff and students
Page 1 of leaflet
Policy on the Protection of Dignity at Work and Study
The University of Exeter is committed to a policy of equality of opportunity and aims to provide a working and learning environment which is free from unfair discrimination and will enable staff and students to fulfil their personal potential. All individuals should be treated with dignity and respect whether at work or study; staff and students have an important role to play in creating an environment where harassment is unacceptable.
The purpose of the policy is to assist in developing and encouraging a working and learning environment and culture in which harassment is known to be unacceptable and where individuals have the confidence to deal with harassment without fear of ridicule or reprisals. This policy aims to ensure that if harassment or bullying does occur, adequate procedures are readily available to deal with the problem and prevent it reoccurring. Harassment can have a detrimental effect upon the health, confidence, morale, learning and performance of those affected by it.
The full policy document can be found on www.ex.ac.uk/admin/personnel/~docs/ppdws.htm
together with definitions of racial, sexual and personal harassment
Harassment Network Advisors: A list of Advisors can be found on www.ex.ac.uk/harassment/network.htm If you are unable to access this information you can obtain an up-to-date list from the Personnel Division (ext 3401) or the Guild. (ext 3523)
Page 2 of leaflet
Advice for members of Staff and Students
Steps to take if you are harassed/bullied - what to do and who to contact:
If you feel that you are being subjected to any degree of sexual, racial or other form of personal harassment, including bullying, do not feel that it is your fault or that you have to tolerate it.
There are various ways in which you can deal with harassment from simply asking for it to stop, through to making a formal complaint. If you feel you are the victim of harassment you should keep a written record for all relevant incidents, including dates and times and if appropriate the names of any witnesses to the incident or incidents.
Step One - informal action
Tell the person their behaviour is offensive and ask them to stop
If at all possible, tell the person that their behaviour is causing you offence and that you want the unacceptable behaviour to stop. Frequently the harasser is unaware that their actions are inappropriate or objectionable or there may have been a misunderstanding or misinterpretation. You can use phrases like ‘I find your behaviour/remark offensive and I want you to stop’. Even where the behaviour was intentional, a swift and clear indication that the behaviour is unacceptable may well be enough.
Get some support from a friend or work colleague
If you feel unable to confront the person directly, or talking to them has had no effect, or if you want to talk it through with someone else then talk to a friend or work colleague, it may enable you to gain the confidence to handle the situation. Alternatively you can seek a confidential meeting with anyone in the Harassment Advisors Network.
Speak to one of the Network of Harassment Advisors
Current list of Advisors can be found on www.ex.ac.uk/harassment/network.htm
All members of the Network, appointed by the University, have volunteered to undertake this role. They will be prepared to discuss any matter with you, however sensitive. They will listen to you carefully and inform you about your choices of action. They will then help you decide what you wish to do or have done about the harassment.
Your discussion will be treated in confidence. In some circumstances your Advisor may need to consult others in order to decide the best way to help you. This is likely to be necessary if, in their judgement, there is an unacceptable risk to you, another person or the institution itself, but, in all cases, they will discuss this with you beforehand and confidentiality will be maintained.
Step Two - formal action
Make a formal complaint in writing
If informal action proves ineffective and you wish to make a formal complaint you must do so in writing. Your advisor will provide you with guidance on who to write to and will assist you with the letter.
Staff should address a written complaint to: The Director of Personnel
Students should address a written complaint to: The Head of School
(Stage 2 of the Students Complaints Procedure www.exeter.ac.uk/brad/ead/academic/stucompr.htm )
You will receive an initial response to your formal complaint within five working days.
A preliminary investigation will be made which will be appropriate to the nature of your complaint and appropriate for staff or students. You may be accompanied by a work colleague, another student, trade union representative or a harassment advisor at any meetings. Although the investigation may require you to recount details of specific incidents, you will not be asked to do so unnecessarily or repeatedly.
The outcomes from such an investigation may include:
Further discussion with the parties concerned
Instigation of the Staff Grievance Procedure/Student Complaints Procedure
Instigation of the Staff or Student Disciplinary Procedure
Whatever decision is taken you will be informed of it and of the reasons for it.
No one should fear that they will be victimised for complaining about bullying/harassment.
Link to the Network of Harassment Advisors