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Anti Sexual Harassment Code (ASH-Code)

1. PREAMBLE

Jacobs University Bremen seeks to maintain a learning and working environment free from sexual harassment. Sexual harassment is a barrier to the educational, scholarly, and research purposes of Jacobs University Bremen and is a matter of particular concern to a community in which students, faculty, and staff are expected to live and work in an atmosphere of intellectual interdependence and trust. At Jacobs University Bremen individual independence as well as individual safety from sexual offence are considered to be an important foundation of intellectual freedom in a tolerant and democratic environment of diversity and equal opportunities. Jacobs University Bremen leadership is aware of the importance of handling all allegations of sexual harassment with sensitivity: The protection of the privacy of all persons, to the extent compatible with the purpose of this policy, requires that strict confidentiality be maintained. Jacobs University Bremen's response to reports of sexual harassment may include informal and formal mediation, education, counseling, or sanctions, depending on the circumstances. In all situations, it will be Jacobs University Bremen's aim to protect the rights of all individuals involved and to safeguard the welfare of the Jacobs University Bremen community.

To raise awareness of and sensitivity for a work environment that is free from sexual harassment, all future employees are to receive a copy of the ASH-Code and have to provide a signed acknowledgement of the receipt and acceptance of this code at the beginning of their employment.

All new students receive a copy of the ASH Code and have to provide a signed acknowledgement of the acceptance of this code.

2. DEFINITION

Sexual harassment does not arise from mutual attraction and consent, but is a wide range of behaviours of a sexual nature which are targeted, uninvited, unwelcome, or unreciprocated and clearly objected to. Both, women and men - as individuals or in groups - might be exposed to sexual harassment. Pertinent behaviours may be physical and/or communicative and may include: questions about another persons sexual conduct and/or intimate relationships; persistent unwelcome invitations;

  • requests for sexual activity in exchange for favours/rewards, such as grades for students, or under threat
  • intimidating or demeaning sexist comments;
  • repeated derogatory sex-oriented comments or gestures;
  • unnecessary and clearly objected close physical proximity;
  • unnecessary physical contact, such as brushing against someone or touching, pinching, fondling, kissing or embracing someone against their will;
  • actual molestation;
  • sexual assault;
  • openly displayed pornographic visuals.

This list is not exhaustive. Indecent assault and rape are criminal offences and complainants would be advised to immediately report such instances to the police. In determining whether alleged conduct constitutes sexual harassment as defined in this policy, the record as a whole will be considered as well as the context in which the conduct occurred. Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular susceptibility of an individual, unless that susceptibility is known to the alleged harasser. Sexual harassment is a serious allegation. Abuse of unfounded sexual harassment allegations for whatever reasons are not acceptable and will be considered both as unethical behaviour and as a serious offence.

3. PROCEDURE FOR THE RESOLUTION OF COMPLAINTS OF ALLEGED SEXUAL HARASSMENT

Individuals who believe they have experienced sexual harassment should attempt to resolve the matter by stating their objection directly to an alleged harasser. If an individual feels unable to do this, or if the personal approach does not result in the cessation of the behaviour in question, an individual may choose to use the University's internal complaints procedure or make a formal complaint to the police. The University's internal procedures are divided into three stages:

  • Initial Advice/Counseling
  • Informal Complaints
  • Formal Complaints

The procedures are intended to ensure that complaints are resolved promptly with care and understanding.

3.1 INITIAL ADVICE/COUNSELING

Initial enquiries about a possible sexual harassment situation should be made to:

  • any member of the Equal Opportunity, Dual Career and Family Friendliness Committee (EQ-Committee; accessible for faculty, staff, students, and volunteers);
  • any of the College Masters (accessible for college residents only);
  • any resident associate responsible for off-campus housing (accessible for residents of the relevant off-campus housing only)

The person who has been approached then becomes the advisor in this matter. Discussions are strictly confidential, and will be designed to consider the privacy of all parties concerned and to minimize suspicion toward any of them. At this stage the advisor will keep an informal record only. The identity of an alleged harasser need not be revealed by a complainant at this stage. The advisor will:

  • assist the complainant in clarifying whether the offending behaviour constitutes sexual harassment;
  • discuss ways in which the problem might be resolved without the intervention of a third party;
  • advise the complainant of informal means of resolving the problem with the aid of the advisor;
  • advise the complainant of the formal procedures for the resolution of a complaint;
  • provide the complainant with support and counseling whatever course of action is chosen.

After this discussion, the complainant may choose to resolve the issue by her/himself, proceed to making an informal complaint, or take no further action on the matter. If the complainant undertakes the first option, the advisor should follow up with the complainant within seven days to ensure that the problem is
resolved to the complainant's satisfaction. If the matter is resolved satisfactorily, no further action should be taken, and all informal record be destroyed.

3.2 INFORMAL COMPLAINTS

If the matter remains unresolved after the initial discussion, or the complainant's own actions, or the complainant does not wish to approach the alleged harasser, the complainant may request the advisor to intervene (i.e. may lodge an informal complaint). An informal complaint may be lodged orally or in writing. On receipt of an informal complaint the advisor may consult with another advisor. A decision will be made as to whether the matter shall be pursued on behalf of a complainant. The advisor(s) shall:

  • counsel the complainant on whether they wish their identity to be revealed to the respondent, and how this may affect the complaint;
  • inform the person or persons against whom the informal complaint is made of the nature of the complaint and offer mediation as a way of resolving the complaint;
  • advise the respondent or respondents as to how the complainant perceived the alleged harassment and attempt to ensure that there is no re-occurrence of the behaviour complained about or reprisals against the complainant for having made an informal complaint;
  • mediate between the parties, seeking agreement which will resolve the matter;
  • advise the respondent or respondents of the consequences if the informal complaint is not resolved and the matter becomes the subject of a formal complaint.

The advisor(s) should initiate any action within 7 days of receipt of an informal complaint or as soon thereafter as possible if circumstances prevent earlier action being taken. Resolution of the complaint should be obtained as promptly as possible, bearing in mind that the speed of an inquiry should not inhibit the proper investigation of a complaint. The advisors should attempt to achieve a resolution within 21 days of the initial receipt of a complaint. The complainant should be regularly informed of progress towards the resolution of the complaint. Upon resolution of an informal complaint the advisor(s) shall submit a written report outlining the complaint, the steps taken to resolve the complaint and the outcome. In addition, the report has to contain relevant dates (e.g., date of the incident, date of the first contact with the complainant and of the steps taken). The report has to be accompanied by any other documents pertaining to the complaint. All documents associated with any case pursued under this policy will be kept in a file by the chairperson of the EQ-Committee.

3.3 FORMAL COMPLAINTS

Where mediation or attempts at mediation fail to resolve the complaint to the satisfaction of the complainant, the complainant may make a formal complaint to the chairperson of the EQ-Committee.. Formal complaints should be made in writing identifying the complainant, respondent, and the circumstances of the alleged harassment. The President shall be advised and regularly updated on progress toward resolution of the complaint. Step One On receipt of a formal complaint, the chairperson informs the EQ-Committee that a formal complaint has been received; the chairperson of the EQ-Committee shall, together with the advisor(s), approach the appropriate Vice President to advise that a complaint has been received, the type of complaint and the parties involved. All parties shall attempt to resolve the complaint to the satisfaction of the complainant as promptly as possible, including the option of professional
counseling. If conciliation is not achieved and/or the respondent's behaviour continues to be perceived as unsatisfactory, the Chair of the EQ-Committee will refer the matter, with the complainant's approval, to the President for further action. Step Two Where conciliation is refused or does not achieve a satisfactory resolution the complainant or respondent may request that the matter be referred to the President. The President shall either: (a) Initiate further action to achieve resolution of the complaint, or (b) initiate appropriate disciplinary action against the respondent which may ultimately lead to the exclusion of the staff/faculty member or student from the University, or (c) recommend that the complaint be referred to the police.

Upon resolution of a formal complaint the advisor(s) shall submit a full written report outlining the complaint, the steps taken to resolve the complaint and the outcome. In addition, the report has to contain relevant dates (e.g., date of the incident, date of the first contact with the complainant and of the steps taken). The report has to be accompanied by any other documents pertaining to the complaint. All documents associated with any case pursued under this policy will be kept in a file by the chairperson of the EQ-Committee.

4. FINAL REMARKS

These procedures are intended to cover both students and employees on and off campus whilst they are engaged in activities on behalf of the University or whilst involved in their University employment /study commitment. The university ensures that all potential advisors are appropriately trained, esp. in terms of diversity issues that may impact behaviours mentioned in this policy. For any case presently going on, any person who is a complainant or respondent shall not become (a) an advisor or (b) a person to whom the formal complaint is lodged or (c) a person who decides about the formal complaint. Any person who has been a respondent in a case processed under this policy and whose case was pursued beyond the initial advice/counseling stage shall never be involved again in any process detailed in this policy other than as a complainant.

Approved by AC 26.02.2008. © 2008 Jacobs University Bremen, Campus Ring 1, 28759 Bremen. All rights reserved. No unauthorized reproduction. http://www.jacobs-university.de. For all general inquiries, please call the university at +49 421 200-40 or mail to info@jacobs-university.de.

Possible advisors under this policy, as of 12.08.2008:
EQ committee members:
http://teamwork.jacobs-university.de:8080/confluence/x/Dgtx
+
College Masters
Off-campus resident associates