Procedures for Dealing with Complaints of Sexual Harassment

Sexual harassment is a discriminatory assertion of power that has no place within the University. It is unethical and unprofessional and a threat to the integrity of the individual and the institution. Such harassment may exist in one or a series of incidents, and all such matters will be dealt with because they erode the atmosphere of trust that is essential to any institution of higher education.

The sexual harassment policy applies to all those who work and study at the University.
 

Definition of Sexual Harassment

The University of Malta shall adopt the CAUT definition of sexual harassment:

Conduct of a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats of a sexual nature, unwelcome sexual invitations or requests, demands for sexual favours, or unwelcome and repeated innuendoes or taunting about a person's body, appearance or sexual orientation, constitutes sexual harassment when:

a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status or academic accreditation, or

b) submission to or rejection of such conduct by an individual is used as a basis for
employment, or for academic performance, status or accreditation decisions affecting the individual, or

c) such conduct interferes with an individual's work or academic performance, or

d) such conduct creates an intimidating, hostile or offensive working environment.  

Advisors on Sexual Harassment

The University's advisors on Sexual Harassment are Dr Sandra Scicluna Calleja and Dr Maureen Cole. They  will provide information, advice and assistance to staff members and students making complaints of sexual harassment.  The Advisors will also play a key role in investigating and resolving complaints, as detailed in the procedures below.

The Advisors will review the University procedures and recommend any changes that may be necessary to facilitate the University's ability to deal effectively with instances of sexual harassment. The Advisors will prepare an annual report on the number and disposition of complaints.
 

Procedures

Two routes maybe provided for parties involved in a sexual harassment complaint; an informal and a formal route.  Wherever possible, the parties involved would be encouraged to resolve the complaint in an informal manner.

Complaints

A student or employee who believes that he or she has a complaint of sexual harassment is encouraged to make a direct request to the harasser that the offensive behaviour or actions cease. The complainant would also be encouraged to seek counselling assistance if this is considered appropriate. If the direct request by the complainant to the harasser is unsuccessful, or if such a request is considered inappropriate, or if the harassed feels uncomfortable to make such a  request, the complainant may seek the confidential advice of the Special Advisor on Sexual Harassment or of the Head of Department.  A Head of Department who receives a complaint of sexual harassment would immediately inform the Special Advisor on Sexual Harassment.  The Alternate Advisor would be required to act as Advisor in cases where the Special Advisor does not consider it appropriate to do so on ethical grounds or at the request of the complainant. The complainant may then seek the advice and assistance of the Advisor or Head of Department with a view to resolving the problem informally.

The Advisor and the Head of Department will assist all parties involved in allegations of sexual harassment, in determining the basis, if any, for a complaint of sexual harassment; in formulating the complaint and/or response; and by explaining the options available through University policy.

Following the consultation process, the complainant has the following options:

a) to follow the informal procedures
b) to make a formal complaint
c) to take no further action.

Informal Procedures

All proceedings taking place under informal procedures shall be treated as confidential.

If a complainant wishes to proceed to use the informal procedures, the following must occur:

a) The complainant must provide the Advisor with a written complaint giving details of the alleged sexual harassment, as defined on page 1, including dates, times, places, names of individuals involved in the incident(s), names of any witnesses and any other relevant information.

b) The complaint must be filed within six months of the incident(s).

c) Within five working days from the receipt of the written complaint, the Advisor shall inform the respondent of the allegation(s) and shall provide the respondent with a copy of the written complaint.

d) Within thirty working days of the action described in (c), the Advisor shall investigate the complaint and interview the complainant and the respondent. The complainant and respondent may be accompanied during the interview by counsel.  The options for resolution shall be of a voluntary or informal nature and shall not include the power of formal administrative action such as discipline. If resolution is achieved as a result of this informal process, a written copy of the resolution shall be signed by the complainant and the respondent.  A copy of the written complaint and the resolution shall be maintained by the Advisor in a confidential file for a period of six years from the date of the signing of the resolution, and shall be destroyed thereafter.

Formal Procedures

The complainant or the respondent may proceed to the formal procedures if:

i) the respondent or the complainant does not agree to participate in the informal process, within ten working days of the rejection of the informal procedures, or

ii)  the informal process does not resolve the dispute within ten working days of the completion of the information process.

If a complainant wishes to proceed to use the formal procedures, the following must occur:

a) The Advisor shall forward a copy of the written complaint to the Rector.

b) Within five working days of the receipt of the written complaint, as described in (a) above, the complainant and respondent shall be informed by the Rector regarding the arbitrator designated to resolve their dispute. Such arbitrator would be chosen from a list of arbitrators appointed by the Rector after consultation with the Committee on Gender Issues.

c) Unless exceptional circumstances dictate to the contrary, the arbitration shall be held within two months of the date of
identification of the arbitrator.

d) The arbitrator shall determine whether the complaint is justified.

e) There shall be an automatic right of appeal against the decision of an arbitrator, within a maximum of 60 days of the notice of the arbitrator's decision. Notice of intention to appeal will be in writing and shall identify the procedural or substantive reasons for the appeal.  The Advisor will refer the issue to three arbitrators identified by the Rector from the approved list.  The results of the appeal shall be final.

f) It is recognised that the arbitration procedure is meant to provide an expeditious method of resolving complaints of sexual harassment.  It is intended therefore, to operate strictly within time limits prescribed for taking the various steps in this procedure. However it is recognised that it will not always be possible to do so; therefore the parties may agree in writing to extend any time limits specified. Furthermore, the arbitrator shall have the power to adjust time limits, provided that the arbitrator is satisfied that there are reasonable grounds for granting an extension and provided that granting an extension does not create prejudice to either party.

g) Any formal disciplinary action shall be recorded and dispensed and/or acted upon, as per the existing procedures of the university.

h) The costs of arbitration shall be the responsibility of the university.

Dr Sandra Scicluna Calleja and Ms Maureen Cole, may be contacted in full confidentiality on  2340 3062 and 2340 2339.