Harassment and Educational Institutions: What Must Not Be Forgotten

Schools, universities, colleges, and other education or research providers must ensure that the dignity of pupils and students is respected. Teachers, lecturers, and other assessors, when evaluating knowledge, commenting on projects, written work or applications for academic competitions, must not forget that they are in a position of power – this must never be used to humiliate another person on the basis of age, gender, or other characteristics. Such behaviour is not only unprofessional and unethical, but also in breach of the Law on Equal Treatment.

Harassment is a form of discrimination. It refers to unwanted behaviour intended to offend or which results in the violation of a person’s dignity and creates an intimidating, hostile, degrading or offensive environment. Harassment can take the form of words, writing, or actions. In determining whether harassment has occurred, the focus is on whether the affected person experienced negative consequences. The fact that the person responsible did not intend to insult or belittle the student or pupil is not considered an “exculpatory” circumstance.

Educational institutions and providers, as well as research and study institutions, must ensure that harassment is neither practised nor encouraged within their organisations. Pupils and students who experience possible harassment are encouraged to inform the institution’s administration and/or contact the Office of the Equal Opportunities Ombudsperson.

Before submitting a complaint, persons affected by harassment in educational or research settings are advised to:

Record the incident if possible. Audio or video recordings made by the affected individual for the purpose of protecting their own interests are considered legitimate evidence.
Keep abusive emails or messages. Though unpleasant, this content can help the Equal Opportunities Ombudsperson objectively assess the situation.
Describe the negative experience. It is important to document the consequences and consider sharing the experience with others.
Use witnesses. If others saw or heard the harassment, ask them to share this information with investigators. The identity of witnesses will not be disclosed.

Do not forget: teachers, lecturers, club leaders, examiners, assessors or advisers have the right to provide constructive criticism, which may be unwelcome, but it must not involve humiliation, threats or degrading behaviour.

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