Guidelines on conflicts, bullying, harassment and sexual harassment involving students at the University of Bergen

Students and employees have the right to a fully responsible learning and working environment. It is the university's responsibility to ensure this. The guidelines are intended to help:

• Fulfilling the university's responsibilities
• Resolving conflicts
• Preventing and dealing with bullying, harassment and sexual harassment
• Maintain and develop the standard for a good learning and working environment

The guidelines apply to both employee/student and student/student relationships. Legal basis:

• Universities and Colleges Act
• The Working Environment Act
• The Equality and Discrimination Act
• Public Administration Act

Conflict

A conflict is a situation in which two people, a person and a group, or two groups feel hindered or frustrated by the other(s).

Bullying

Bullying refers to actions, omissions or statements that are repetitive, systematic and persistent, and have the purpose or effect of being offensive, intimidating, hostile, degrading or humiliating. It is also typical of bullying that the person affected has difficulty defending themselves, because the sequence of events is characterised by an actual or perceived imbalance between the parties (cf. Einarsen, Hoel, Zapf & Cooper, 2011; Olweus, 1993).

Harassment and inappropriate behaviour

Harassment and inappropriate conduct means acts, omissions or statements that have the intention or effect of being offensive, intimidating, hostile, degrading or humiliating.

Forms of harassment can be:

• Single or repeated and systematic acts, omissions or statements.
• Direct (such as an aggressive or sexually charged form) or indirect (such as social exclusion) acts, omissions or statements.
• Sexual harassment.

Sexual harassment means any form of unwanted sexual attention that has the purpose or effect of being offensive, intimidating, hostile, degrading, humiliating or distressing.

Discrimination is always considered improper conduct, cf. the Equality and Anti-Discrimination Act. The same applies to retaliation against persons who have reported under these guidelines. All references to bullying and harassment also include improper conduct.

It is the university's responsibility to ensure that everyone who participates in the processing of cases according to these guidelines has the necessary expertise.

The employee's faculty or department is responsible for handling the case. The faculty director or dean decides who will handle it. For the central administration, the department director or university director decides who will handle the case. The faculties and affected departments shall, if necessary, cooperate on individual cases.

Normally, the faculty concerned shall handle cases according to the guidelines here. If the case involves students from several faculties, the case shall normally be handled where the person reporting the complaint has his/her main affiliation. In the individual case, the faculty may delegate to another body, for example a department, to handle the case, if this is justifiable and appropriate.

All cases shall be handled properly and as quickly as possible. Chapters I-III of the Public Administration Act (competence, duty of confidentiality, duty of guidance, etc.) always apply. Normally, Chapter IV (notification, contradiction and access to information) will also apply. In cases concerning individual decisions, the following Chapters IV-VI always apply. The responsible manager shall ensure that all cases are handled in accordance with the guidelines here and other relevant rules.

Not every disagreement is a conflict, and the guidelines should not hinder the free exchange of opinions. Everyone has a responsibility to prevent harmful conflicts, or to resolve or remedy them if they do arise.

All employees must show respect to students they come into contact with. This applies to supervisors, teachers, technical and administrative staff and others. Employees must be particularly aware that there is typically an unbalanced power relationship between employees and students.

Students should show respect for staff and other students. Threatening or otherwise inappropriate behavior directed at staff or other students is not acceptable.

Simple treatment would normally mean:

• That cases are handled at the lowest possible level
• That the format is a relatively informal dialogue
• That the goal is an amicable solution

Students who believe they have come into conflict with one or more employees at UiB, or with other students, are encouraged to contact the person(s) concerned to resolve the conflict. If this does not lead to any progress, or the student believes it serves no purpose, the student can instead report the matter in the Si Fra system, contact a study advisor, the learning environment contact at the faculty, the management of the department/faculty, student representatives, the Student Ombudsman or others.

Employees who believe they have come into conflict with one or more students at UiB are also encouraged to contact the person(s) concerned in order to resolve the conflict. If this does not lead to any progress, or the employee believes that it is of no use, the employee should contact their immediate manager, who will decide how the matter should be handled further. There is also the opportunity to report the matter to, or seek advice from, the HR department, the occupational health service, the safety representative, shop stewards or others.

Conflicts that cannot be resolved easily must be reported to the appropriate authority as described in part 2. The primary goal of the process shall be to seek a solution to the conflict. The responsible unit shall normally speak with both/all parties, and otherwise ensure that the facts are revealed. If necessary or desirable, the unit may request assistance from other units at the university. Alternatively, reference may be made to assistance measures outside the university, such as the mental health service or the counselling service at Sammen, or others. There is a duty of confidentiality regarding people's personal circumstances, cf. Section 13 of the Public Administration Act.

It is natural to start with a survey. The nature of the case determines how this should be done. If the case gives the impression of being a simple conflict, for example, a short conversation or contact by telephone or similar may be sufficient. If further survey is needed, the unit involved should have conversations with those involved and any others who can shed light on the case.

Some advice about the conversations:

• Inform those involved of their right to have a representative/advisor present at the meeting. At the same time, inform them of who will be present from the responsible unit.
• Start by clarifying the purpose and premises of the conversation.
• Be prepared that such conversations can be emotionally stressful.
• Don't be biased. Be keen to listen. Avoid being colored by the first information you receive. Different versions can be equally right or wrong.
• Make notes from the conversations. To avoid any misunderstandings, participants should be allowed to review and possibly revise the notes from their conversations.
• Confidentiality and confidentiality are extremely important in such contexts. When relaying information that has been communicated, avoid referring to who said what, but rather focus on what was communicated.
• Make a summary of the case when the conversations are over.
• Consider whether the facts are sufficiently clear, or whether more information is needed. This may include further interviews or other forms of information or documentation.

Current measures may include:

• Mediation and reconciliation:  The parties have, through dialogue or otherwise, gained a better understanding of each other and insight into how their own behavior affects others. They agree to put the circumstances behind them. This is not a measure that can be used in cases of bullying or harassment.
• Clarification of duties and responsibilities:  The responsible body makes it clear to one or both/all parties which norms or instructions they are obliged to comply with, such as that unacceptable behavior ceases.

If such or similar measures do not work, or do not work well enough, the responsible body must consider further measures.

If the investigation has shown that there is bullying or harassment, the case shall be processed further in accordance with part 4 of the guidelines here.

Bullying and harassment are not accepted at the University of Bergen. Bullying and harassment of students by employees is a breach of duty. Bullying and harassment by students may result in a warning, expulsion or exclusion of the student(s). This applies to both bullying and harassment directed at other students and employees.

Students who believe they have been subjected to bullying or harassment by staff or other students can report this in the Si Fra system. It is also possible to report verbally or in writing to the study advisor, the learning environment contact at the faculty, the management of the department or faculty, or others.

Employees who become aware that other employees have bullied or harassed students have a duty to report this to their responsible manager.

Employees who believe they have been subjected to bullying or harassment by one or more students should primarily report this to their responsible manager. There is also the opportunity to report it to the occupational health service, a colleague, safety representative or union representative.

All reports of alleged bullying or harassment should be handled appropriately and as quickly as possible. Normally, this starts with an investigation, where the responsible unit has conversations with those involved and others who can shed light on the matter. If one or more parties are employees, the responsible unit should consult with the occupational health service or the HR department.

Some advice about the conversations:

• Inform those involved of their right to include a shop steward/advisor in the notice. At the same time, inform them of who the person responsible has asked to be present at the meeting.
• Begin the conversation by clarifying the purpose and premises of it.
• Be prepared that such conversations can be emotionally stressful.
• Don't be biased. Be keen to listen. Avoid being colored by the first information you receive. Different versions can be equally right/wrong.
• Make notes from the conversations. To avoid any misunderstandings, participants should be allowed to review and possibly revise the notes from their conversations.
• Confidentiality and confidentiality are particularly important in such contexts. When disseminating information, one should avoid referring to who said what, but focus on what was conveyed.
• After the interviews: Make a summary of the case. Consider whether the case is sufficiently well-informed, or whether more information is needed, in the form of further interviews or by other means. When the case is as well-informed as possible, it must be determined how the case should be handled further, or what is necessary or appropriate to ensure a fully responsible working or learning environment. Those involved should be informed of the conclusion.

The purpose of the measures is to restore a fully responsible learning and working environment for all involved. The responsible manager must decide what measures are necessary, including whether there are grounds for formal reactions against one or more of the involved parties. In addition, preventive measures must be considered to ensure that the situation does not recur. 

Current measures may include:

• Changed routines for systematic learning environment/HSE work
• Clarification of duties and responsibilities:  The responsible body makes it clear to one or both/all parties which norms or instructions they are obliged to comply with, such as that unacceptable behavior ceases. Depending on the circumstances, it may be appropriate or necessary to formalize the necessary measures, and possibly to set up progress plans or similar to ensure that the solution is loyally followed by all involved.
• Formal reactions:  This is regulated in the Working Environment Act and the State Employees Act (for employees) and in the Code of Conduct (for students). If such measures are considered or chosen, the case processing shall follow the relevant laws. Cases of formal reactions against employees shall be handled by the HR department.