Challenging Discrimination, Harassment, Bullying and Victimization

EXECUTIVE SUMMARY:
The purpose of this policy is to state the College’s policy on Equality and Diversity and to set out how this Policy is implemented throughout the College. Appendix 1 gives explanations for specific terms and Appendix 2 gives information about equality legislation.

DEFINITIONS – see Appendix 1
POLICY TITLE: EQUALITY AND DIVERSITY POLICY

⦁ Equality and Diversity Policy Statement

⦁ Bradford College is committed to tacking inequality and discrimination, advancing equality of opportunity and promoting good relations for all. The College seeks to ensure that this commitment is reflected in everything that it does and that all Corporation members, staff, students, partners, visitors, contractors and sub-contractors working on behalf of the College share this commitment.

⦁ The College will make all Corporation members, staff, students, partners, visitors, contractors and sub-contractors working on behalf of the College aware of this commitment and will secure compliance with this commitment through a variety of both formal and informal means, details of which are contained within this Policy.

2. The College’s Corporation

2.1 Responsibility

The College’s Corporation is the responsible body for ensuring that the College complies with the Equality Act 2010. Corporation members are responsible for their behaviour, oversight of the management and conduct of the College’s equality and diversity policies and for the advancement of equality and diversity.

2.2 Corporation Members Induction

The College’s Equality and Diversity Policy is included as part of a new Corporation member’s induction.

2.3 Training

Training will be provided, as required, for Corporation members on matters relating to equality and diversity.

2.4 Reporting Structures

2.4.1 The College’s Corporation receives the minutes and recommendations from its Equality and Diversity Operational Committee, whose remit is set out in its terms of reference and annual calendar of business. The College’s Equality and Diversity Operational Committee will make recommendations to the Corporation on how the Corporation and its Committees should ensure that equality and diversity issues and policies are implemented and monitored appropriately.

3. Students

3.1 Responsibility

Students are responsible for their behaviour and conduct and must abide by the College Charter, (see 3.2 below), and Equality and Diversity Policy.

3.2 College Charter

The College Charter sets out the rights and responsibilities of students at the College.

3.2.1 The Director of Student Experienceis responsible for ensuring that the College Charter is regularly reviewed, updated and communicated to all students, wherever they are studying.

3.2.2 The College Charter is reviewed in light of current equality and diversity legislation.

3.3 Student Induction

3.3.1 All students undertake a student induction led by a member of the teaching team for their course. The teaching team makes clear to students that discrimination, harassment, bullying and victimisation will not be tolerated.

3.3.2 The Student Induction supporting information and on-line videos / supporting information are approved by the Director of Student Experience. This includes a section on equality and diversity. Guidance and suggested teaching materials are available for staff to use at induction.

3.3.3 The teaching team for a course should also consider agreeing with students a code of conduct to which they will all adhere. This agreement to be given a prominent position in the classroom.

3.4 Challenging Discrimination, Harassment, Bullying and Victimization

3.4.1 Where an incident involving discrimination, harassment, bullying or victimisation occurs in the classroom, the teacher should refer students to the College Charter, the student induction and any agreed code of conduct.

3.4.2 In addition to 3.5.1 above, the teacher should refer to the College’s Student Positive Behaviour Policyand Student Behaviour Procedures and take appropriate action.

3.4.3 Where an incident involving discrimination, harassment or bullying occurs outside the classroom, the matter will normally be resolved through the College’s disciplinary processes (see above)

4. Staff

4.1 Responsibility

Staff are responsible for their behaviour and conduct and for the advancement of equality and diversity both in their classrooms/work areas and on premises used by the College.

4.2 Staff Induction

4.2.1 All staff are entitled to, and must attend, a college staff induction. This staff induction includes a session on equality and diversity.

4.2.2 In addition, all new staff must complete the mandatory on-line equality and diversity training package and pass the on-line test within two months of commencing their employment with the College.

4.3 Staff Development

4.3.1 All existing staff who have not already done so must complete the mandatory on-line equality and diversity training package and pass the on-line test

4.3.2 All staff can apply to attend/undertake additional equality and diversity training, some of which may be mandatory.

4.4 Challenging Discrimination, Harassment, Bullying and Victimisation

4.4.1 Staff must reportall incidents involving College students or staff where discrimination, harassment, bullying or victimisation has occurred relating to the protected characteristics of others, be this on or off premises used by the College.

4.4.2 Staff are also responsible for intervening where they feel this does not put them at personal risk/harm.

4.4.3 Where an incident involving discrimination, harassment, bulling or victimisation occurs and this involves a member of staff, it should be reported to the member of staff’s line manager. The matter will be investigated which may lead to disciplinary action under the College’s Staff Disciplinary Procedure. Further guidance is available from the Code of Practice on Public Interest Disclosure (Whistleblowing), Grievance Policy,Harassment and Bullying Policy and Rules Relating to the Conduct of Staff.

5. External Partners

5.1 Responsibility

5.1.1 External partners with which the College works must comply with the College’s Equality and Diversity Policy and share the College’s commitment to equality and diversity, as set on in its Equality and Diversity Policy Statement (see 1. above)

5.1.2 When drawing up agreement or contracts with external partners, the College must ensure that external partners are made aware of the requirement in 6.1.1 above and must assure itself that the external partner has appropriate policies and procedures in place regarding equality and diversity.

6. Visitors, Contractors and Sub-contractors

6.1 Responsibility

6.1.1 Visitors, contractors and sub-contractors must comply with the College’s Equality and Diversity Policy.

6.1.2 College staff meeting/employing visitors, contractors and sub-contractors are responsible for making them aware of the College’s Equality and Diversity Policy.

7. Data Collection and Monitoring

7.1 The personal data of students and staff are collected and used in line with the College’s Data Protection Policy.

7.2 Course teams, programme areas, central services and the College as a whole are responsible for monitoring the data available for each of the protected characteristics and taking appropriate action to advance equality and diversity.

7.3 Course teams and programme areas monitor enrolment, retention, achievement and success data at appropriate points throughout the academic year.

They evaluate this data in their self-assessment reports and where there are differences in the data for different groups of people identify actions to eliminate these differences. These actions are inserted into quality improvement plans and monitored regularly.

7.4 Central Services use the data available to them centrally and also ensure that they put in place systems to monitor data for different groups of people. Key data include those relating to staff (applications, interviews, employment, turnover and staff satisfaction) and students (enquiries, applications, interviews, admissions, complaints, appeals, disciplinaries, breaches of assessment, additional learning support and student satisfaction).

Central Services evaluate these data in their self-assessment reports and where there are differences in the data for different groups of people, identify actions to eliminate these differences. These actions are inserted into quality improvement plans and monitored regularly.

7.5 The Leadership Group evaluates the full range of data in the College’s self-assessment report (FE)/Route evaluation reports (HE) and identifies actions to eliminate these differences. These actions are inserted into the FE and HE quality improvement plans and are monitored regularly.

7.6 The College’s Operational Equality and Diversity Committee monitors equality and diversity data relating to students and staff.

8. Curriculum Development, delivery and impact measures

8.1 Key issues including equality and diversity are included as part of the review of curriculum programmes.

8.2 As part of the self-assessment (FE)/annual evaluation (HE) processes, programme areas, central services and the College identify where different groups are performing differently and actions to be taken to eliminate these differences.

8.3 These actions are included in quality improvement/action plans and are called equality and diversity impact measures.

9. Equality Impact Assessments

9.1 In accordance with the public sector equality duty (April 2011), due consideration is given to the potential impact of quality of service delivery/College experience, on groups of staff and students for all its policies and procedures.

10. Single Equality Scheme and Equality Objectives

10.1 Current legislation requires the College to have in place, as a minimum, race, disability and gender equality schemes and their associated action plans. However, in light of the fact that the College wishes to include all the protected characteristics, the decision was taken to develop a single equality scheme and action plan.

10.2 In addition, because the public sector equality duty (see Appendix 2, item 3) which came into force in April 2011, a further decision has been taken to include equality objectives within this single equality scheme.

RELATED PROCEDURES / GUIDELINES:
Student Handbook
Complaints Procedure
Rules Relating to Conduct of Staff
RELATED POLICIES:
Student Positive Behaviour Policy
Student Behaviour Procedure
College Charter
Staff Disciplinary Policy
Staff Maternity Policy
Staff Recruitment Policy
Staff Retirement Policy
Staff Harassment and Bullying Policy
Staff Grievance Policy
Data Protection Policy
Code of Practice on Public Interest Disclosure (Whistleblowing)

APPENDICES:
Appendix 1 – Definitions
Appendix 2 – Legislative Framework.Appendix 1 – Definitions

Jargon/Key word Definition

Diversity Diversity is about acknowledging, respecting and valuing differences between individuals and groups of people.

Equality Equality is about making sure people are treated fairly and given fair chances. Equality is not about treating everyone in the same way, but it recognises that their needs are met in different ways.Equality is the framework that enables opportunity, access, participation and contribution that is fair and inclusive.

Protected Characteristics Protected characteristics (previously called “strands”) are definitions for groups of people given protection under the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership pregnancy and maternity, race, religion and belief, sex and sexual orientation. (See Appendix 2, item 5 for details.)

Direct Discrimination Someone is treated less favourably than another person because of a protected characteristic.

Direct Discrimination by Association Someone is treated less favourably because they associate with another person who has a protected characteristic.

Direct Discrimination by Perception Someone is treated less favourably than another person because others think they have a particular protected characteristic.

Indirect Discrimination A rule or policy that applies to everyone, but disadvantages people with a particular protected characteristic.

Harassment Someone behaves in such a way that their conduct has the purpose or effect of creating an environment that is offensive hostile, degrading, humiliating or intimidating, even if this behaviour is not directed at the person making a complaint.

Victimisation Someone is treated badly because they have made/supported a complaint or grievance under the Act.

Discrimination arising from A disabled person is treated less favourably
a disability because of something connected to their impairment.

Reasonable Adjustment The duty to make reasonable adjustment comprises three requirements. For education providers, these requirements are to take reasonable steps to:
⦁ avoid the substantial disadvantage where a provision, criterion or practice puts disabled students at a substantial disadvantage compared to those who are not disabled;
⦁ remove or alter a physical feature or provide a reasonable means of avoiding such a feature where it puts disabled students at a substantial disadvantage compared to those who are not disabled;
⦁ provide an auxiliary aid where disabled students would, but for the provision of such an auxiliary aid, be put at a substantial disadvantage compared to those who are not disabled.

the Act The Equality Act 2010

EHRC The Equality and Human Rights Commissionhas duties to promote human rights and equality and to provide advice about the law so that discrimination is avoided. It also has powers to enforce discrimination law in some circumstances.

EDIMs Equality and diversity impact measures are actions an organisation takes to advance equality and diversity.

Equality Impact Assessment This is a process whereby a policy, procedure or practice is reviewed, and if necessary amended, to ensure that it does not discriminate against any group or individual with a protected characteristic.
Appendix 2 – Legislative Framework

1 The Equality Act 2010

The information below is guidance from the Equality and Human Rights Commission (EHRC), with some examples from the Government Equalities Office.

2 The Equality Act 2010 brings together over 116 separate pieces of legislation into one single Act. Combined, they make up a new Act that provides a legal framework to protect the rights of individuals and advance equality of opportunity for all.

The Act simplifies, strengthens and harmonises the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.

The nine main pieces of legislation that have merged are:
⦁ the Equal Pay Act 1970
⦁ the Sex Discrimination Act 1975
⦁ the Race Relations Act 1976
⦁ the Disability Discrimination Act 1995
⦁ the Employment Equality (Religion or Belief) Regulations 2003
⦁ the Employment Equality (Sexual Orientation) Regulations 2003
⦁ the Employment Equality (Age) Regulations 2006
⦁ the Equality Act 2006, Part 2
⦁ the Equality Act (Sexual Orientation) Regulations 2007

3 Timeline for Implementation of the Equality Act 2010

The majority of the Act came into force on 1st October 2010 and related to employment, equal pay and services and education. However, there are other duties which will come into force in the future. These are the public sector equality duty (comes into force in April 2011 and replaces the current public sector duties relating to race, disability and equality) and age protection outside the workplace (comes into force in April 2012).

4 The College’s policies and procedures are updated in line with the Equality Act 2010 and will be updated in light of subsequent equality and diversity legislation. This is the responsibility of post holders identified as being the “person responsible” on College policies and procedures.

5 Protected Characteristics

Protected characteristics (previously called “strands”) are definitions for groups of people given protection under the Equality Act 2010.

5.1 Age
A person belonging to a particular age (eg 32 year olds) or range of ages (eg 18 – 30 year olds).
5.2 Disability
A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities. Long-term means that the disability has lasted or is likely to last for at least 12 months. Substantial means more than minor or trivial.

5.3 Gender Reassignment
This is the process of transitioning from one gender to another. This transitioning process is a personal process, rather than a medical process, ie it does not require someone to undergo medical treatment in order to be protected. Transsexual refers to a person who has the protected characteristic of gender reassignment. It is important not to confuse gender reassignment with sexual orientation. A transsexual person can be a gay man, lesbian, heterosexual or bisexual.

5.4 Marriage and Civil Partnership
Marriage is defined as a ‘union between a man and a woman’. Same-sex couples can have their relationships legally recognised as ‘civil partnerships’.  Civil partners must be treated the same as married couples on a wide range of legal matters.

5.5 Pregnancy and Maternity
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

5.6 Race
Race refers to a group of people defined by their race, colour, nationality (including citizenship) and ethnic or national origins.

5.7 Religion or Belief
Religion means any religion and includes a lack of religion. A religion need not be mainstream or well-known to gain protection as a religion. However, it must have a clear structure and belief system. Belief means any religious or philosophical belief and includes a lack of belief. Generally, a belief should affect your life choices or the way you live for it to be included in the definition.

5.8 Sex
A male or a female.

5.9 Sexual Orientation
A person’s sexual attraction towards persons of the same sex (ie a gay man or a lesbian), persons of the opposite sex (ie heterosexual) or persons of either sex (ie bisexual).

6 Discrimination, Harassment and Victimisation

The Equality Act 2010 gives protection to people who have, are perceived to have, or associate with someone who has a protected characteristic. It also gives protection against harassment and victimisation.

6.1 Direct Discrimination Someone is treated less favourably than another person because of a protected characteristic.
An example of direct discrimination – A further education college rejects a male applicant’s application to a childcare course as they do not think it is appropriate for a male to be working with children. This would be unlawful direct discrimination on the grounds of sex.

6.2 Direct Discrimination by Association Someone is treated less favourably because they associate with another person who has a protected characteristic.
An example of direct discrimination by association – Julie applies to join a language class anddiscloses to the tutor that her boyfriendis Jewish, although she is not. The tutorthen tells Julie that he made a mistakeand the class is actually full. Subsequently,however, Julie discovers that others have
been allowed to join the class after shewas refused entry. The tutor’s conduct islikely to amount to direct discriminationbecause of religion or belief as a resultof Julie’s association with her Jewishboyfriend.
6.3 Direct Discrimination by Perception Someone is treated less favourably than another person because others think they have a particular protected characteristic.
An example of discrimination by perception – Rupert, a landlord, advertises a flatin a local paper and Ianmeets Rupert to find out further details.Rupert assumes because of Ian’s mannerisms and voice that Ian is a gay man, when he is in fact heterosexual. As Rupert does not want to rent his property to a gay man, he informs Ian that the flat is no longer on the market.This is direct discrimination because of sexual orientation, due to the landlord’sperception that Ian is a gay man.
6.4 Indirect Discrimination A rule or policy that applies to everyone, but disadvantages people with a particular protected characteristic.
An example of indirect discrimination – In a neighbourhood that includes a largeJewish community, a local communitygroup provides lunches for elderly
people but they say that because theirsupplier cannot provide kosher meals
they are unable to provide meals fortheir Jewish customers. The policynot to provide kosher meals woulddisadvantage Jewish people in particular.The community group’s policy not toprovide kosher meals is unlikely to bejustifiable since they could simply seekalternative suppliers that can supply
kosher food.
6.5 Harassment Someone behaves in such a way that their conduct has the purpose or effect of creating an environment that is offensive hostile, degrading, humiliating or intimidating, even if this behaviour is not directed at the person making a complaint.
An example of harassment – Amember of staff makes a derogatory remark about a student going through gender reassignment. Another member of staff finds the tutor’s remark offensive. The member of staff’s derogatory mark would be harassment.
6.6 Victimisation Someone is treated badly because they have made/supported a complaint or grievance under the Act.
An example of victimisation –An employee training project ran a seminar forunemployed people to help themprepare their CVs. Mehmet, a Muslimdelegate, wrote to complain that he wasnot excused from the seminar to goand observe his afternoon prayers. Thenext time Mehmet applied to attend theseminar, he was told that there wereno places left but he later found outthat his friend had been given a place,even though he had applied later thanMehmet. Mehmet argued that this wasvictimisation because he had made acomplaint related to his religion.

6.7 Discrimination arising from A disabled person is treated less
a disability favourablybecause of something connected to their impairment.
An example of discrimination arising from disability – A student with autism often speaks out of turn during tutorials which can create a disruptive atmosphere for the tutor and other students. Because of his behaviour, he is asked not to attend tutorials. This is likely to be discrimination arising from disability.
7 Reasonable Adjustment

The Equality Act 2010 requires reasonable adjustment to be made for someone with a disability.The duty to make reasonable adjustment comprises three requirements. For education providers, these requirements are to take reasonable steps to:
⦁ avoid the substantial disadvantage where a provision, criterion or practice puts disabled students at a substantial disadvantage compared to those who are not disabled;
⦁ remove or alter a physical feature or provide a reasonable means of avoiding such a feature where it puts disabled students at a substantial disadvantage compared to those who are not disabled;
⦁ provide an auxiliary aid where disabled students would, but for the provision of such an auxiliary aid, be put at a substantial disadvantage compared to those who are not disabled.

8 Positive Action

8.1 Positive action means offering targeted assistance to people so that they can take full and equal advantage of particular opportunities. Putting it another way, positive action means taking action to ensure that all groups of people have equal opportunity of access to the College’s services. Positive action is optional, not a requirement. Positive action is lawful.

8.2 Positive action is not the same as positive discrimination. Positive discrimination means explicitly treating people more favourably on the grounds of a protected characteristic. Positive discrimination is unlawful except in the case of disability. In The case of disability positive discrimination is lawful as long as it is appropriate to achieve equality of opportunity between disabled people with different impairments.

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