Managers, directors of studies/degree programme directors and employees are jointly responsible for actively and clearly preventing, identifying, and dealing with bullying, sexual harassment, violence and discrimination. This applies both if you are contacted by an employee or student who has experienced offensive behaviour, or if you are made aware of such cases from other sources. It is important to stop any inappropriate behaviour as quickly as possible, with the greatest possible consideration for the individual.
It is important that you make a management assessment of the nature of the situation in your approach to enquiries about offensive behaviour. Remember to take regular notes on the case (documentation). It is often recommended that you start by talking with the parties involved, focusing on identifying the incident/course of events. If, as a manager, you are in doubt or you assess the course of events to be serious enough to warrant disciplinary sanctions or a disciplinary procedure for the suspected offender, contact your adviser immediately.
For advice, contact your immediate manager or your HR Partner.
For disciplinary procedures between students, contact AU’s chief legal counsel.
It is you duty to be supportive, that is listen to and help, persons who report having experienced offensive behaviour. Take the matter seriously but without drawing premature conclusions. Act with respect and discretion toward both the person reporting offensive behaviour and the suspected offender.
Create a framework for a dialogue in which you and the person reporting the offensive behaviour can look into:
Read the guide on how to handle the difficult conversation.
Formally speaking, there is not much you can do as a manager if a member of staff contacts you in confidence. Unless the matter is of a severe nature. In this case you have an obligation to take action (contact your HR-partner for advise). Of course, the wish for confidentiality does not prevent you from paying (greater) attention to what is going on and acting on what you see. It is a good idea to set up a follow-up meeting, at which you can reassess the situation together, including whether the inappropriate behaviour has stopped.
If there is agreement that the incident/course of events needs to be investigated more closely with the suspected offender, you must clarify/investigate the incident/course of events with the other party, see step 2.
Remember that the other party's personnel manager or director of studies/degree programme director should investigate the matter together with the suspected offender. For this reason, you must notify the person’s immediate manager (director of studies/degree programme director) who will then summon the employee (or the student) to an introductory and clarifying dialogue meeting. How the case is to be handled should be agreed between the two managers.
Depending on the situation, you could draw up a step-by-step plan in which you try out various initiatives/solution options, while you and the person reporting offensive behaviour are following up on whether the inappropriate behaviour is stopping. In all cases, the meeting should be concluded with an agreement on a follow-up meeting in the near future.
Note whether the person has someone who can help and support him/her. If he/she is an employee, you could refer the person to the Psychological Counselling Service or the Danish Working Environment Authority's hotline on sexual harassment and bullying. If he/she is a student, you can also refer to their student counsellor, the Student Council Legal Aid Service, the AU Helpline or the university chaplain. Read more here.
The next step is to try to identify the actual incident/course of events that formed the basis of the inquiry. This means investigating as a minimum how the other party (the presumed offender) sees the incident/course of events. This requires the person having experienced offensive behaviour to accept that you investigate the incident/course of events in more detail, except in the event of a particularly serious offence, see Step 1.
As long as the factual aspects are unclear, it is important to consider both parties in the case. It is important to ensure confidentiality, and not to disclose the incident/course of events to anyone other than the parties involved, so that both parties can work or study as normal.
Be neutral, open and listen carefully during the conversation and try to establish:
The outcome of the initial conversations with the person reporting offensive behaviour and the suspected other party, as well as the nature of the case, will determine what action is appropriate, including whether sanctions or disciplinary proceedings are required.
Note that employees and students who have been justly or unjustly accused of harassment may need help/support to deal with the situation and with respect to continuing at the university in the future.
Outcome 1: There is agreement about the incident/course of events, and the suspected other party is surprised and/or sorry that the person reporting offensive behaviour perceived the incident/course of events as unpleasant and is keen to apologise/talk to the him/her about the incident/course of events.
If both parties are willing to do so, a possible action may be to suggest a meeting between the parties, where they can hear how they each experienced the incident and agree on how they can both amicably continue in the workplace/place of study.
Outcome 2: There is a difference of opinion about the incident/course of events, and the other party feels unjustly accused.
As a manager or as a director of studies/degree programme director, you could initiate a dialogue meeting between both parties in order to find a good solution. Prior to the meeting, it should be agreed how the parties are to act toward each other so that both parties can continue with their work/studies. You may consider whether there is a possibility of mediation between the parties with help from a professional mediator.
Outcome 3: There is a serious difference of opinion about the incident/course of events, and the parties will not meet in the same room. Perhaps the accused offender is feeling unjustly accused and wants to appeal – and the person having experienced offensive behaviour cannot or will not be at the university together with the other party.
In this situation, for employees contact the relevant HR Partner and for students contact AU’s chief legal counsel as quickly as possible, who will help you in the process and procure specialist competences as required.
Follow-up: Once a good process for the immediate management of the parties has been put in place, you should consider the needs of colleagues/the working group/team and others associated with the parties with regard to communication/advice/support and future prevention work. In this respect, remember your duty of confidentiality.