Sexual Harassment

1.0 Background

Adroit Biomedical and Bio-entrepreneurship Services (ABBRS) is a company Limited by Guarantee hence a non-profit venture with the objective of enhancing research in the most killer diseases in the country.

 

1.2 The Policy Statement

ABBRS is committed to providing a safe environment for all its employees free from discrimination on any ground and from all forms of harassment at work including sexual harassment. ABBRS will operate a zero-tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment. All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be victimised for making such a complaint.

1.3 Objectives of the Policy

  • To sensitize the company employees about the evils of sexual harassment, thereby nurturing a sense of social responsibility.
  • Establish an institutional framework through which victims of sexual harassment can seek redress.
  • To eliminate sexual harassment and impose such actions as may deem necessary.

1.4 Application of the Policy

Sexual harassment is prohibited for both on and off the company settings against, between or among:

  • Directors;
  • Administrative staff;
  • Support stuff;
  • Contractors;
  • Partners;
  • Clients;
  • Customers;

1.5 Definition of sexual harassment

Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient. Sexual harassment can involve one or more incidents and actions constituting harassment actions may be physical, verbal, and non-verbal. Examples of conduct or behaviour that ABBRS considers sexual harassment include, but are not limited to:

 Physical conduct

  • Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
  • Physical violence, including sexual assault
  • The use of job-related threats or rewards to solicit sexual favours

Verbal conduct

  • Comments on a worker’s appearance, age, private life, etc.
  • Sexual comments, stories, and jokes
  • Sexual advances
  • Repeated and unwanted social invitations for dates or physical intimacy
  • Insults based on the sex of the worker
  • Condescending or paternalistic remarks
  • Sending sexually explicit messages (by phone or by email)

Non-verbal conduct

  • Display of sexually explicit or suggestive material
  • Sexually suggestive gestures
  • Whistling
  • Leering 

Such conduct constitutes sexual harassment when: 

  • Submission to such conduct is made either explicitly or implicitly a term or condition of individual’s employment, achievement or advancement; or
  • Submission to or rejection of such conduct is used or threatened to be used as the basis of the decisions affecting the employment of an individual; or
  • Such conduct has the purpose or effect of unreasonably interfering with the individual’s work or creating an intimidation, hostile or offensive working environment.

At ABBRS, we believe that anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. We recognises that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed. ABBRS recognises that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee. Anyone, including employees of ABBRS, clients, customers, casual workers, contractors, or visitors who sexually harasses another will be reprimanded in accordance with this internal policy. All sexual harassment is prohibited whether it takes place within ABBRS premises or outside, including at social events, business trips, training sessions or conferences sponsored by ABBRS.

1.6 Complaints procedures

Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. ABBRS recognises that sexual harassment may occur in unequal relationships (i.e. between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated staff members responsible for receiving complaints of sexual harassment. This person could be another supervisor, a member of the human resources department, etc.

When a designated person receives a complaint of sexual harassment, he/she will:

  • immediately record the dates, times, and facts of the incident(s)
  • ascertain the views of the victim as to what outcome he/she wants
  • ensure that the victim understands the company’s procedures for dealing with the complaint
  • discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
  • keep a confidential record of all discussions
  • respect the choice of the victim
  • ensure that the victim knows that they can lodge the complaint outside of the company through the relevant country/legal framework

Throughout the complaint’s procedure, a victim is entitled to be helped by a counsellor within the company. ABBRS will nominate a number of counsellors and provide them with special training to enable them to assist victims of sexual harassment. ABBRS recognises that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. ABBRS understands the need to support victims in making complaints though the victims are encouraged but not compelled to report sexual harassment. The exception being where non-reportage may result in serious harm to the victim or others.

1.7 Informal complaints mechanism

If the victim wishes to deal with the matter informally, the designated person will:

  • give an opportunity to the alleged harasser to respond to the complaint
  • ensure that the alleged harasser understands the complaints mechanism
  • facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the company to resolve the matter
  • ensure that a confidential record is kept
  • follow up after the outcome of the complaints mechanism to ensure that the behaviour has stopped
  • ensure that the above is done expeditiously and within 3-days of the complaint being made Formal complaints mechanism If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter. The designated person who initially received the complaint will refer the matter to a senior human resources manager to instigate a formal investigation. The senior human resources manager may deal with the matter him/herself, refer the matter to an internal or external investigator or refer it to a committee of three others in accordance with this policy.

The person carrying out the investigation will:

  • interview the victim and the alleged harasser separately
  • interview other relevant third parties separately
  • decide whether or not the incident(s) of sexual harassment took place
  • produce a report detailing the investigations, findings, and any recommendations
  • if the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e.- an apology, a change to working arrangements, a promotion if the victim was demoted as a result of the harassment, training for the harasser, discipline, suspension, dismissal)
  • follow up to ensure that the recommendations are implemented, that the behaviour has stopped and that the victim is satisfied with the outcome
  • if it cannot determine that the harassment took place, he/she may still make recommendations to ensure proper functioning of the workplace y
  • keep a record of all actions taken
  • ensure that all records concerning the matter are kept confidential
  • ensure that the process is done as quickly as possible and, in any event, within 3- days of the complaint being made

1.8 Outside complaints mechanisms

A victim of sexual harassment can lodge a complaint before the labour officer/commissioner. Where the labour officer fails to dispose the complaint, he or she shall refer the matter to the industrial court for adjudication.

1.9 Sanctions and disciplinary measures

Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:

  • verbal or written warning
  • adverse performance evaluation
  • counselling
  • restraining orders
  • compensation to the aggrieved party
  • transfer
  • demotion
  • suspension
  • dismissal
  • criminal investigation and prosecution

The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.

2.0 Implementation of this policy

ABBRS will ensure that this policy is widely disseminated to all relevant persons. It will be included in the staff handbook. All new employees must be trained on the content of this policy as part of their induction into the company. Every year ABBRS will require all employees to attend a refresher training course on the content of this policy. It is the responsibility of every manager to ensure that all his/her employees are aware of the policy.

2.1 Monitoring and evaluation

ABBRS recognises the importance of monitoring this sexual harassment policy and will ensure that it anonymously collects statistics and data as to how it is used and whether or not it is effective. Supervisors, managers and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes where necessary.

2.2 Appeals

  1. the right of appeal is guaranteed by the policy

if any of the parties is not satisfied by the decision of the of the company organs, within 14 days of the decision, they can appeal to the High Court.

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