ANTIBULLING POLICY

Introduction

This Anti-bullying Policy is formally endorsed by New York College and thus applies to all students, staff, visitors, contractors and anyone acting or working on behalf of the NYC. The purpose of the policy and procedure is to foster a culture where mutual respect for all is nurtured and harassment will not be tolerated, and to outline the steps that can be taken to deal with any issues of harassment that may arise and prevent their recurrence. Underlining the importance of promoting understanding and tolerance among students and staff in all their diversity, NYC is committed to creating a working and learning environment with dignity and respect.  NYC makes a clear statement against any kind of bias, harassment or discrimination on the basis of race, gender, sexual orientation, religion or belief, disability (physical or mental) or any other form of difference.

 

What behavior constitutes Harassment?

As the dictionary definition of Harassment makes clear, any behavior that is unwanted and could reasonably be considered as violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them is potentially Harassment. Typically, for behavior to be considered Harassment, it must be persistent and continue or develop over a period of time. However, a one-off incident that is particularly serious can in itself constitute Harassment.

Harassment can be communicated verbally, be physical in nature, or be expressed through other means of communication, such as letters, emails, on social media, text messages and graffiti. It may be expressed directly to the Complainant, occur in their presence or be communicated about them to a third party.

 

Examples of Harassment

The following examples are not intended to be exhaustive. They are, however, indicative of behavior that would be considered unacceptable conduct by NYC:

  • Insults, name-calling and offensive language and gestures
  • Inappropriate jokes
  • Ridiculing and undermining behavior
  • Inappropriate or unnecessary physical contact
  • Physical assault or threats of physical assault
  • Intimidating, coercive or threatening actions and behavior
  • Unwelcome sexual advances
  • Isolation, non-cooperation or deliberate exclusion
  • Inappropriate comments about a person’s appearance, intrusive questions or comments about a person’s private life and malicious gossip
  • Offensive images and literature
  • Pestering, spying or stalking

 

Informal Complaints Resolution

 

  • Individual Act

NYC recommends that anyone who believes that he or she has been/is being subjected to Harassment should initially speak directly to those involved. However, in some cases it is recognized that this might not be possible and/or if approaching the person directly does not resolve the situation, a third party should be asked to assist. Ideally, accused should be approached at the earliest opportunity.

 

  • Third Party

If approaching the accused directly does not resolve the situation, or is inappropriate, seeking third party intervention may be helpful. Asking an appropriate person who is not directly involved in the situation to speak with the accused person can often help get the right message across. For staff, an appropriate third party would be the Student Counselor or the NYC Deputy General Manager. For students, it may be their Advisor or the Student Counselor. It would not normally be appropriate to engage the support from fellow students. The third party will seek to resolve the situation quickly and with minimal disruption.

More precisely, where a member of staff or a student feels that they have been bullied, harassed or victimized they can seek support from any of the following:

 

‘‘Informal Procedure Table’’

 

Incident btw:

Student & Student

Staff & Student

Staff & Staff

Staff/Staff member &Third party

1st Step

Speak with Academic Advisor/Personal Tutor

Speak with Academic Advisor/Personal Tutor

Speak with Academic Advisor/Personal Tutor

Speak with Head of each Department

 

If no resolution

If no resolution

If no resolution

If no resolution

2nd Step

Speak with Student Counselor

Speak with Student Counselor

Speak with Rector

Speak with Student Counselor

 

If no resolution

If no resolution

If no resolution

If no resolution

3rd Step

The case is referred to the Disciplinary Committee

The case is referred to the Disciplinary Committee

FORMAL PROCEDURE

FORMAL PROCEDURE

 

During informal procedures confidentiality will be maintained unless otherwise agreed. However, there may be circumstances which arise, for example, danger of physical assault, which means that NYC will need to disclose certain information to additional personnel or to third parties. This will be discussed with the complainant.

Whatever action is taken, it is recommended that the member of staff, Advisor / Student Counselor / Rector, arranges to meet with the complainant (student or staff) soon afterwards to monitor the situation and review possible additional courses of action if the matter remains unresolved.

The purpose of this stage of the procedure is to resolve matters without recourse to the formal process.  However, if the above steps fail to produce a resolution, the issue may be raised under the Formal Stage of the Procedure.

 

Formal Grievance Procedure

A formal, written grievance should be detailed and include any evidence upon which the complainant intends to rely. Once a written complaint about a member of staff or student has been submitted and an investigation has started it cannot be retracted, as the accused person has the right to know the details of the complaint, to have it investigated, respond to any allegations, and appeal against any penalty. NYC is clear that any accused person is not necessarily guilty of the actions they have been accused of and will ensure that appropriate support is available for that person during the procedure.

Formal allegations of Harassment should be made in writing and include (see also appeal form):

  • The Complainant’s personal details (including staff or student ID number)
  • An outline of the allegation (including dates, times and places)
  • Details of the Alleged Harasser;
  • Details of any witnesses; and, if relevant
  • Details of any informal attempts which have been taken to resolve the situation and the outcome(s)

‘‘Formal Procedure Table’’

 

Incident between

Student & Student

Staff & Student

Staff & Staff

Staff/Staff member & Third party

1st Step

Write to Your Academic Advisor/Personal Tutor

Write to Your Academic Advisor/Personal Tutor

Write to Student Counselor

Write to Head of Your Department

 

If no resolution

If no resolution

If no resolution

If no resolution

2nd Step

Forward the written complaint to Student Counselor

Forward the written complaint to Student Counselor

Forward the written complaint to General Manager

Forward the written complaint to Student Counselor

 

If no resolution

If no resolution

If no resolution

If no resolution

3rd Step

The complaint is referred to the Disciplinary Committee

The complaint is referred to the Disciplinary Committee

The complaint is referred to the Board of Directors

Forward the written complaint to the Board of Directors