Sexual harassement

Sexual harassment Information on what unacceptable sexual behaviour is and what you can do if you experience it.

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CONTENTS 1. INTRODUCTION

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2. A SAFE LEARNING AND WORKING ENVIRONMENT

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3. RECOGNISING UNACCEPTABLE SEXUAL BEHAVIOUR

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4. FORMS OF UNACCEPTABLE SEXUAL BEHAVIOUR

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5. WHAT TO DO IF YOU EXPERIENCE SUCH BEHAVIOUR

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6. CONTACTS

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7. CONCLUSION

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8. APPENDIX

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This brochure provides information on what undesirable sexual behaviour is and what you can do if you experience it. The topic of this brochure is exclusively unacceptable sexual behaviour. Undesirable behaviour in its broadest sense goes beyond this: the University Regulation on Complaints regarding undesirable behaviour covers intimidation (including sexual intimidation), aggression, violence, bullying and discrimination.

This brochure is published by the Student and Educational Affairs expertise centre (SEA) in conjunction with the Diversity Office and SC&M of Leiden University.

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1. Introduction Leiden University is committed to providing a safe environment in which all students and staff, irrespective of gender, sexual orientation and gender identity, are protected from unacceptable sexual behaviour. Equal treatment is an important basic principle.

Unacceptable sexual behaviour conflicts with the standards of Leiden University, as is documented in various regulations. Our central focus is on guaranteeing a good, stimulating learning and working climate, free of any form of coercion or inequality.

If a member of the university’s staff or a student is guilty of unacceptable sexual behaviour, the university can take far-reaching action.

What is in this brochure?

You will find the answers to questions about unacceptable sexual behaviour in this brochure.

This behaviour takes many forms and occurs only too often. It takes place where people gather, including at the university.

Unacceptable sexual behaviour leads to a tense and unpleasant learning and working environment. It creates a sense of insecurity and can have devastating consequences for victims.

What sort of behaviour are we talking about? And what sort of consequences? How can we as a university community work together to combat unacceptable sexual behaviour? And why is this necessary?

Furthermore, you will find the answer to the question of what you can do if you or someone you know experience unacceptable sexual behaviour. You will find information about designated contacts in the university who you can go to for help, advice or simply to talk to.

If you still have questions after reading this brochure, don’t hesitate to get in touch with one of the designated contacts.

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2. A safe learning and working environment All students and staff at Leiden University are entitled to be respected and to be able to develop

Consequences for personal well-being Self-confidence and trust in others can be affected. It can also lead to a negative self-image.

Unacceptable sexual behaviour can furthermore lead to problems in relationships with a partner, friends and family.

in a safe environment where everyone feels relaxed, understood and respected and where talent can flourish. Unacceptable sexual behaviour in the university’s learning and working

Contamination of the learning and working environment

environment constitutes a violation of this right.

Unacceptable sexual behaviour can damage the victim’s surroundings. Where it occurs, a climate of fear emerges, leading to diminished productivity, loss of reputation, discord and

Don’t bottle up your experiences. Unacceptable sexual behaviour can lead to isolation, because

rumours. Education and scientific research can suffer due to a lack of mutual respect and trust.

you have the idea that fellow students or colleagues don’t believe you or think that you are exaggerating. Those around you often don’t know how to deal with the problem, which leads to victims worrying about their problems for far too long.

Consequences What could be the consequences of experiencing unacceptable behaviour?

Negative effects on studies or work performance You might start to have motivational or concentration problems, your productivity might fall, you might have trouble achieving long-term goals and problems thinking clearly. Victims of unacceptable sexual behaviour are often reluctant to go to the university and sometimes call in sick. They may also decide to avoid certain courses or other situations or might even decide to give up their studies or their job for fear of encountering the offender (or offenders).

Unacceptable sexual behaviour can therefore have a major effect on academic progress and/or someone’s academic or other career.

Emotional and psychosomatic problems Unacceptable sexual behaviour can lead to hyper-alertness. In the worst case, it can cause an acute stress disorder with symptoms such as anxiety, depression and dreams about the traumatic experiences. Physical symptoms can also appear, such as headaches, gastric disorders, stomach ache and trouble sleeping.

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3. Recognising unacceptable sexual behaviour

Victims are most often women Both women and men can become victims of unacceptable sexual behaviour. The number of female victims, however, is substantially higher. Women often occupy a lower position than

Unacceptable sexual behaviour occurs anywhere people congregate. The chance of this

men on the hierarchical ladder and can therefore more quickly end up in a situation in which

behaviour occurring is greater in a traditionally hierarchical environment, where highly

power is being misused. There is often a power imbalance when unacceptable sexual behaviour

unequal relationships exist. Furthermore, it is seen more often in a sexualised environment. In

occurs, such as that between lecturers and students, professors and scientists or PHD students,

such an environment, topics are referred to in sexual terms or mocking and hurtful remarks

and between staff or managers and subordinates. Men who become victims of unacceptable

are frequently made about members of the opposite sex and laughed about. In an environment

sexual behaviour do not always report it, because they think that it is incompatible with their

in which forms of discrimination on the basis of age, sexual preference or ethnic background

role. Nevertheless, it is important for men to report unacceptable sexual behaviour too if they

are tolerated, experiences of unacceptable sexual behaviour are often not incidents, but occur

are victims of it.

frequently. They are often even regarded as ‘normal’.

Something that started off so well...

Specific examples of unacceptable sexual behaviour

Even what begins as a romantic relationship can turn into unacceptable sexual behaviour.

wAll

For example, if a male lecturer and a female student are in a relationship and work together

forms of undesirable physical contact, from putting an arm around someone,

holding someone tight, pinching or kissing, to sexual assault or rape, whether or not as a

too, and the student wants to end the relationship. The lecturer could abuse his position of

condition for work, promotion or status. However, blocking someone’s path can also be a

power to force the student to continue the relationship, by for example continuously criticising

form of undesirable sexual behaviour.

the student or threatening to give her a poor mark if she refuses to accept his advances. The

wSomeone

asking you directly to have sex.

wThreatening

wMaking

with punishment if you reject his or her sexual advances.

sexually explicit comments, sending sexually explicit texts or notes, telling

smutty jokes and making innuendos.

wAsking

personal questions about your private life.

wMaking

suggestive comments.

wBoasting

wOpenly

about sexual performance.

same scenario could occur if a scientist starts a sexual relationship with someone higher up the academic ladder, such as a professor, or a manager with a subordinate. Incidentally, sexual relations between someone employed by the university and a minor (person younger than 18) are automatically liable to punishment. Immediate consequences will follow. But unacceptable sexual behaviour can also take place between ‘equals’, such as between students and between colleagues. There doesn’t have to be a sexual relationship for someone to suffer from unacceptable sexual behaviour.

making physical comparisons of female or male colleagues.

wPraising

‘real manly behaviour’.

Pay attention to the three Ws

wIndirect

sexually suggestive innuendoes such as staring at other parts of your body

Awareness of desirable and respectful behaviour can help to prevent unacceptable sexual

instead of your face.

wGiving

preference to people who join in with the unacceptable behaviour and excluding

people who don’t want to take part.

behaviour and can help you to recognise unacceptable sexual behaviour. Equality and mutual agreement (consensus) are certainly required where sexual relations or sexual behaviour are concerned. Being aware of your behaviour and the effect it might have on other people is essential. The three Ws provide an idea of what consensus is and how to reach it.

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What?

Violating the code of conduct

Permission to have sexual contact with someone must be given unambiguously; the other

The university will take disciplinary action against lecturers who violate the code of conduct.

person must have clearly said ‘yes’. That is why direct communication is the most reliable.

Such cases constitute violation of the rules against unacceptable sexual behaviour. Any student

We recommend expressing yourself as clearly as possible, even if that makes you feel

affected by this can submit a formal complaint.

uncomfortable. The assent need not always be verbal, but non-verbal and verbal behaviour must match to avoid confusion. Non-verbal communication, such as body language and facial expressions are therefore important in order to establish whether someone is or is not interested. Permission can only be given if the following three criteria are met: mutual consent, equality and voluntary consent. Assumptions made on the basis of context, for example on clothing or the use of alcohol or drugs, cannot be interpreted as consent to having sex.

When?

Assenting to certain sexual acts may, by definition, not be viewed as consent to other acts, for example future sexual acts. Consent can always be withdrawn and at any time. You do not obtain consent by threats, coercion or violence. There is certainly no consensus in such situations by any means.

Who? You cannot obtain consent to sexual contact from anyone who is asleep or who is mentally or physically incapable, for example due to alcohol or drugs. You are mentally or physically incapable if you are unable to take conscious decisions about whether or not you want to have sex. The question of mental or physical incapacity can also occur if one of the parties is dependent upon the other. Sexual acts with people whom you know are incapable of making a conscious decision are by definition not mutual and are considered to be sexual misconduct and can be interpreted as assault or even rape.

Code of conduct for interpersonal behaviour between lecturers and students Leiden University has a Code of Conduct on standards of behaviour between lecturers and students. This describes how relationships between lecturers and students should be conducted.

Primary responsibility always lies with the lecturer. The Code also describes what a lecturer should do if a personal or sexual relationship with a student should develop. You can find the code on the university website. The appendix to this brochure contains a list of other relevant regulations and codes.

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4. Forms of unacceptable sexual behaviour

You can also contact Victim Support [Slachtofferhulp Nederland] for information about sexual

In this brochure we make a distinction between unacceptable sexual behaviour and sexual

www.slachtofferhulp.nl

violence and where to get emotional support, legal advice and practical help.

violence. Sexual assault and rape are well-known forms of sexual violence. They are criminal offences. We include more than sexual assault and rape under the term unacceptable sexual

Unacceptable sexual behaviour

behaviour, namely all forms of sexual behaviour or sexually suggestive advances which are undesirable, one-sided or imposed. Any gesture and any comment of a sexual nature which

We make a distinction between two types of unacceptable sexual behaviour:

makes you feel uncomfortable, threatened, intimidated or pressurised can be an indication of unacceptable sexual behaviour. Terms associated with this are sexual harassment and sexual intimidation.

1. One good turn deserves another This type of behaviour links performance in a learning or working environment to sexual favours. This is also the case if agreeing to or rejecting sexual favours leads to a change in

Unacceptable sexual behaviour can be displayed by a student or member of staff at the

learning or working circumstances. In the most extreme form, offenders enforce sexual

university. It makes no difference whether the unacceptable behaviour occurred within or away

favours by study-related or work-related means, such as a negative assessment. This

from the context of study or work.

enforcement of sexual favours can be occasional or ongoing. Agreeing to or rejecting such requests for sex can have major consequences for the way the victim performs.

Sexual violence Sexual violence includes rape and other unwelcome sexual acts which involve the use or threat

2. Intimidation in learning or work environment

of violence. This also includes taking advantage of a situation in which the victim is unable

An intimidating environment is one in which it is customary for offensive smutty jokes to be

to refuse, due to the use of alcohol or drugs for example. Sexual contact which was originally

made or where sexual preferences are mocked. An intimidating environment is also one in

welcome can turn into a sexual assault or rape. You have the right to say that you do not wish

which obscene or sexually suggestive pictures are handed or sent round or hung on the wall.

to go any further at any point. If the other person then forces you to continue, that constitutes

These forms of unacceptable sexual behaviour are not aimed specifically at one person, but

assault or rape. This is always a criminal offence.

they do create an intimidating learning or working environment. This form of unacceptable sexual behaviour is often not a matter of isolated incidents, but of a repetitive pattern.

This brochure does not cover situations in which you experience sexual assault or rape. Please contact the Confidential Counsellor for advice (see section on contacts) or go straight to the

Specific examples of both types of unacceptable sexual behaviour can be found in the

police to report it.

appendix.

You can also contact the Sexual Assault Center. At the Sexual Assault Center you will be met by a nurse who will stay with you throughout your visit. This nurse will ensure that you don’t have to repeat your story more than is necessary. A team of doctors, nurses, police, psychologists, social workers and sex therapists collaborate there to give you the best possible care. Anything you tell them is treated confidentially. https://www.centrumseksueelgeweld.nl

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The victim’s perception is the starting point An indication of unacceptable sexual behaviour is that you feel uncomfortable, threatened, intimidated or put under pressure. In other words, it is different from innocent flirting between

5. What to do if you experience such behaviour

two equals or friendly physical contact. Your personal perception is the starting point. In an

Act immediately if you experience unacceptable sexual behaviour. If anyone is guilty of such

academic setting where protecting freedom of expression is paramount, there can be a subtle

behaviour, the university will take action. In the most extreme cases, a student will be expelled

difference between normal use of language and sexually suggestive comments or behaviour.

from the university or a staff member’s appointment will be terminated.

Whether a person perceives these comments as undesirable will differ from person to person and from one situation to another. Some people might interpret an encouraging pat on the

Complaints procedures

shoulder as an unpleasant and undesirable encounter. The starting point is not the intention

Leiden University has an informal and a formal procedure for dealing with complaints relating

of the person behaving in an unacceptable sexual manner, but the perception of the victim. The

to unacceptable sexual behaviour.

victim is the one who decides what is unacceptable sexual behaviour for him or her and which acts are unwelcome, hurtful or threatening. The intentions of the alleged offender are taken

If your complaint relates to an equivalent relationship, i.e. to unacceptable sexual behaviour by

into consideration in judgements by legislative authorities.

someone you are not directly dependent on, such as a fellow student or colleague, you can first try to solve the problem in an informal manner. The informal procedure aims to ensure that the unacceptable sexual behaviour stops immediately and quickly, so that a formal complaints procedure is unnecessary and no disciplinary action needs to be taken.

If there is an imbalance of power, e.g. in the case of a complaint about a lecturer on whom you are dependent, go straight to the Confidential Counsellor. He or she will discuss the best course of action with you.

I. Informal procedure There are various informal ways of solving a complaint about unacceptable sexual behaviour.

Bring up the subject Unacceptable sexual behaviour should always be discussed. Bringing up the subject is not always easy because it is often accompanied by feelings of shame and guilt. Remember that what has happened is not your fault and that you are not responsible for the situation. Talk about it with other people – friends, family or the student psychologist.

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Challenge the offender about his or her behaviour

Phase 1: Submit a complaint

If possible (for example, if there is little imbalance of power between you and the offender and you feel safe and strong enough) challenge the offender about his or her unacceptable sexual

Submit a written complaint to the Complaints Committee’s secretary’s office. The written

behaviour. Explain why you find the behaviour unpleasant. You can have a conversation about

complaint must at least contain:

this or put it in writing. If the other person persists in his or her behaviour, or if the behaviour

a. Your name and address

is difficult or impossible to discuss, or if you are unsure about which steps to take:

b. The name, position and place of work or study programme of the person to whom the complaint relates.

Contact the Confidential Counsellor on undesirable behaviour The Confidential Counsellor (for students and staff members) can help you write a letter or help you prepare to challenge the offender. The Confidential Counsellor does not act

c. A description of: − the confrontation involving the unacceptable sexual behaviour, giving the date, time, place and circumstances

as an intermediary, but will be able to support you, if you wish, in a conversation with the

− the unacceptable behaviour

offender. The Counsellor can furthermore refer you to the student psychologist or an external

− the informal steps you have already taken

professional such as a therapist, victim support or a lawyer for legal advice. The Confidential

− the names and addresses of any witnesses or any other evidence

Counsellor will also help you if you wish to submit the case to the Complaints Committee

d. The date and your signature

(formal procedure).

The Complaints Committee only accepts written complaints which meet these criteria. We NB: If you are considering reporting the unacceptable sexual behaviour to the police, please

therefore recommend that you contact the Confidential Counsellor, as he or she can support

also contact the Confidential Counsellor. Reporting it to the police can have a major impact.

and assist you in drawing up your written complaint and can accompany you to the hearing.

The Confidential Counsellor can help you seek solutions and advise you.

Decision about the admissibility of the complaint II. Formal procedure

If the Committee decides to take up the complaint, they will inform you and the defendant, but also the Executive Board, the director of the department or division in question, and

If the informal steps fail to lead to an improvement in the situation, you can consider

the Dean of the faculty. The Committee will send a copy of your written complaint and any

submitting a formal complaint to the Complaints Committee. This committee has been set

accompanying documents to the defendant. The defendant will be invited to submit a written

up especially to investigate complaints about undesirable behaviour at Leiden University. The

defence on this basis.

complaints procedure has several phases: The Committee can decide that the complaint does not meet the criteria or that the complaint is not relevant enough. You will be informed of this in writing. Within a week of the date of this decision, you can submit a written request to the Committee to reconsider its decision.

Accelerated consideration The whole process can take a long time. If it is urgent that the complaint should be considered, you can submit a request for accelerated consideration together with your written complaint.

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NB: The submission of a complaint is time-critical. Complaints must usually be submitted no more than a year after the incident took place. This complaints regulation applies even if you

Within three weeks of receiving the advice from the Complaints Committee, the Executive

are no longer a student at the university. It is however a requirement that you were enrolled as a

Board will decide whether to accept the advice regarding the justification of the complaint and

student at Leiden University at the time of the incident.

any disciplinary action or general measures to be taken. In most cases, the Executive Board does not deviate from the advice of the Complaints Committee, but nonetheless it does have

Phase 2: Investigation

the option of disagreeing with the advice or disregarding it.

In this phase, the Complaints Committee gathers witnesses or evidence. The information

Phase 5: Feedback

gained forms the basis for the decision on whether or not a hearing takes place.

You and the defendant, the Complaints Committee, the director of the department or division Complaint with no hearing

in question or the Dean of the faculty will be informed of the Executive Board’s decision.

The Committee can decide to deal with the complaint without a hearing. If the complaint is deemed to be well-founded, the Committee can issue advice in the form of a notice to the

Confidentiality

Executive Board about the disciplinary action or general measures to be taken.

The Complaints Committee will ask all those involved to treat the advice and the decision confidentially.

Complaint with hearing The hearing will normally take place within six weeks of the decision to consider the

Throughout the entire procedure you can count on advice and support from the Confidential

complaint. If you and the defendant agree, the Committee can ask you both to be present at the

Counsellor and/or your contacts at the university. You may also feel the need for personal

hearing. You can then each be heard by the Committee while both of you are present.

guidance and support afterwards. Be assured that the designated contacts will continue to assist you.

Phase 3: Delivering an opinion The Complaints Committee will deliver its advice within six weeks of the conclusion of the investigation or the end of the written consideration. The Chair can extend this period by four weeks. In its advice, the Committee will present its motivated opinion on the justification for the complaint or about the nature of the incident and on any disciplinary action or general measures to be taken.

The Complaints Committee will send its advice to the Executive Board, to you and to the defendant, to any other people involved in the incident, to the director of the department or division in question or to the Dean of the faculty.

Phase 4: Decision of the Executive Board

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6. Contacts

Ombuds Officer for students

If you experience unacceptable sexual behaviour, you can contact one of the following officials

treated by a university staff member or body. He or she is independent and unbiased and works

at Leiden University.

confidentially. Improper treatment means treatment that is disrespectful, unfair, contravenes

The Ombuds Officer deals with complaints from students who feel they have been improperly

regulations, or is unpleasant or disadvantageous to students in any other way. The Ombuds Remember, you do not have to face this alone. The contacts are there to support you.

Officer is not directly authorised to submit complaints relating to unacceptable sexual behaviour, but he or she can discuss the complaint with you and refer you to the right authority

Student psychologists

or person.

If you experience unacceptable sexual behaviour, this can directly affect your studies and your social life. Even so, asking for help is not always easy. The help offered by the student

Plexus

psychologists is easy to access. Don’t hesitate to tell them your problems. They can offer a

Kaiserstraat 25, Leiden

sympathetic ear and advise you on what is the best course of action in your situation.

 071 527 3657 of 071 527 8026

(Monday to Friday 9am - 5pm) Plexus

 universiteitleiden.nl/ombudsfunctionaris-studenten

Kaiserstraat 25, Leiden  071 527 8026 

psychologen@sea.leidenuniv.nl

Helpdesk for conduct giving rise to concern In cases where you have not personally experienced an incident but you are worried about the

Open consulting hours (report to Student Support Services on the ground floor)

behaviour of a fellow student or staff member, you can contact the Helpdesk for conduct giving

 universiteitleiden.nl/studentenpsychologen

rise to concern for advice. Conduct giving rise to concern can include all sorts of behaviour by a student or staff member at Leiden University which endangers the person themselves and/or

Central Confidential Counsellor on undesirable behaviour, for students and staff

is a threat to the safety and well-being of students and staff at Leiden University.

You can discuss your problems confidentially with the Confidential Counsellor and together



look for solutions. You also have the option of submitting a complaint to the Complaints

 071 527 8026

adviespuntzg@sea.leidenuniv.nl

Committee. Your Confidential Counsellor will support you in this. You can choose either a man or a woman as your Confidential Counsellor. He or she is external, unbiased and independent. The Confidential Counsellor deals confidentially with reports and complaints and will only inform others with your consent.

The Confidential Counsellor on undesirable behaviour at Leiden University can be found through:  universiteitleiden.nl/vertrouwenspersonen-studenten

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7. Conclusion

8. Appendix

Acting quickly is better than waiting

List of relevant codes and regulations at Leiden University

Don’t ignore the situation and don’t wait and see. Incidents of unacceptable sexual behaviour can develop into a hopeless situation. There is a major risk that the situation will not improve if

Leiden University has a Code of Conduct on Integrity which highlights the most important

you do nothing.

provisions relating to Integrity. Integrity also includes the way in which staff members interact with each other and the way in which lecturers interact with students. A number of regulations and codes

Talk about your experiences

are relevant when it comes to interpersonal behaviour:

The way anyone reacts to unacceptable sexual behaviour is highly personal. You know your

w Code of Conduct on Standards of Behaviour between Lecturers and Students

own boundaries. Whatever you do, don’t bottle up your problem. Talk about it to someone you

w Code of Conduct regarding Relationships in the Workplace

trust.

w Regulation for Complaints about Undesirable Behaviour: harassment, including sexual

harassment, bullying, aggression, violence and discrimination

Get help

w Beleidskader (seksuele) intimidatie, pesten, agressie, geweld en discriminatie [Policy Framework

Get help, because the sooner you take action, the faster the problem can be solved. Contact the

on harassment, including sexual harassment, bullying, aggression, violence and discrimination –

Confidential Counsellor, a student psychologist or possibly the Ombuds Officer and find out

only in Dutch]

which steps you can take. Whatever you decide to do, remember it isn’t your fault. You have every right to protection!

w Beleidsregel aangifte zedenmisdrijven minderjarige studenten [Policy on reporting sexual offences

against students who are minors – only in Dutch] All these regulations and codes can be found on the website.

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