Pompeu Fabra University Code on Violent Behaviour, Discrimination and Harassment
Pompeu Fabra University, by agreement of the Board of Governors on 6 April 2011, approved the Code of Conduct on Discrimination, Violent Behaviour and Harassment. This agreement was approved in a bid to protect University workers against discrimination, violent conduct and harassment at work, by eradicating such conduct and preventing it from arising in the workplace.
The University, with a view to protecting all members of the university community from discrimination, wants to extend the Code approved in 2011 to the student body, in accordance with the terms of the Statute for University Students, which, in Article 7, lays down a series of rights, which include “to receive information on hazard prevention and to means which ensure their health and safety while learning”, and, in Article 12, indicates that “to ensure that these rights are fully effective, the universities shall inform the students of their rights and facilitate their exercise”, as well as “guarantee their exercise through adequate procedures (...)”.
With regards to workers, companies and institutions are legally required to protect their health and safety. This obligation also applies to creating a work environment that eliminates situations of violent behaviour, discrimination and harassment that threaten the workers’ health.
Together, and as provided for in section 5a of the Pompeu Fabra University Code of Ethics, approved by the Board of Governors on 18 July 2012, “all members of the university community have the right not to be discriminated against for reasons of birth, racial or ethnic origin, gender, religion, disability, political or sexual orientation, gender identity, socioeconomic condition, language or any other personal or social circumstance, with the only requirement being acceptance of the rules of democracy”.
Protecting all university community collectives against the various forms of discriminatory behaviour requires the establishment of procedures and protocols for the purpose of preventing, altering and intervening as quickly as possible and in the manner most appropriate to each case.
To draft this new code of conduct, the Occupational Health and Safety Committee, worker representatives and student representatives from the Pompeu Fabra University Student Council have been duly informed.
For these reasons, the Board of Governors
HEREBY AGREES:
One: To approve the Pompeu Fabra University Code on Violent Behaviour, Discrimination and Harassment, the content of which is set out in the document referred to as annex.
Two: All protocols and procedures resulting from the Code on Violent Behaviour, Discrimination and Harassment shall be approved by the Board of Governors.
Three: The Code on Violent Behaviour, Discrimination and Harassment and any protocols and procedures affecting workers shall be integrated into the Occupational Hazard Prevention Plan.
Repeal provision: The Board of Governors agreement of 6 April 2011 is hereby repealed, approving the Pompeu Fabra University Code of Conduct on Violent Behaviour, Discrimination and Harassment and all procedures resulting therefrom.
Transitional provision: Until such time as a new procedure is approved, the procedure for preventing and resolving disputes relating to violent behaviour, discrimination and harassment, approved by the general manager in accordance with the powers conferred thereto under the Board of Governors agreement of 6 April 2011, shall remain in force.
ANNEX
POMPEU FABRA UNIVERSITY CODE ON VIOLENT BEHAVIOUR, DISCRIMINATION AND HARASSMENT
One: Everyone has the right to be treated properly, respectfully and with dignity, and to have their privacy and physical and moral integrity respected; therefore, under no circumstances may anyone be subjected to degrading, humiliating or offensive treatment for reasons of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.
Two: All members of the university community have the right to go about their activities at the University in an environment free of all manner of discrimination or behaviour that may be considered harassment, violence, coercion or an alteration of the conditions under which they normally carry out their functions.
Three: All UPF employees have the right to the protection of their health and safety at work. This includes the correlative duty to prevent hazards resulting from discrimination, violent behaviour and harassment in the workplace.
Four: All students at UPF have the right, as indicated in the Statute for University Students, to means which ensure their health and safety while learning, to non-sexist treatment and to equal opportunities between women and men.
Five: To ensure the effectiveness of these rights, UPF undertakes to maintain a hazard-free environment and take all the necessary organisational, training and information measures to prevent discriminatory, humiliating, degrading or offensive behaviour from arising among members of the university community.
Six: For the present purposes, inappropriate behaviour shall be considered any reprehensible individual or collective behaviour that is personally offensive, degrading or threatens the safety, dignity or mental or physical health of individuals.
Seven: With a view to responding to any kind of discrimination, violent behaviour or harassment, UPF undertakes to implement and maintain procedures for preventing and resolving disputes resulting from such behaviour in which the rights of those affected are safeguarded with prudence and confidentiality. These procedures shall not replace, affect or extend the legally established time limits for lodging duly founded complaints and appeals with the courts or other relevant public bodies.
Eight: Any member of the university community who considers themself a victim of discrimination, violent behaviour or harassment has the right, without prejudice to the corresponding judicial or administrative proceedings, to file a complaint with the competent body at UPF, in accordance with the procedure established for such purposes, with the involvement of their representatives and the University.
Nine: UPF undertakes to accompany and advise anyone who files a complaint for discrimination, violent behaviour or harassment and activate the protocol relevant to the type of conduct or recommend other means of action.
Ten: UPF shall not allow retaliation of any kind against anyone who files a complaint for discrimination, violent behaviour or harassment or who testifies as a witness in the investigation of such complaints.
Eleven: Confidentiality shall be ensured throughout the entire process, from the filing of the complaint to its resolution. The veracity of the complaint shall also be verified, and anyone who files fraudulent claims shall be held accountable.
Twelve: All individuals in a position of responsibility at the University must receive information and training in order to both adequately inform others about the relevant protocols in the event of discrimination, violent behaviour or harassment and ensure the procedures and commitments set out therein.
Thirteen: When the behaviour referred to in the previous paragraph is punishable under the regulations governing the disciplinary code for public employees and/or students at UPF, respectively, UPF shall take the appropriate disciplinary measures, in accordance with the aforementioned regulations.