Rules of Procedure on the Response to Gender-related and Sexual Harassment and Other Sexual Violence

Gender-related and sexual harassment and gender-related and sexual violence (hereafter referred to as offences), committed by a staff member or student at the University of Iceland (UI), are strictly forbidden. Such behaviour is neither tolerated in relations between staff and students, relations between staff members, relations between students nor relations between UI staff members or students with individuals who are not considered staff members or students at UI, provided that the relations take place in connection with UI operations.
The objective of these rules of procedure is to ensure that resources are in place should a party, as defined in paragraph 1, consider herself/himself as a victim of such an offence.

The term gender-based harassment refers to behaviour that is related to the gender of the person subjected to it, is unwelcome, and has the purpose or effect of violating the target's dignity and creating circumstances that are threatening, hostile, humiliating, or offensive. The harassment may be physical, verbal or symbolic. A single incident may be deemed gender-related harassment.

The term sexual harassment refers to any kind of unwelcome sexual behaviour which has the purpose or effect of violating the target's dignity, particularly if such behaviour leads to threatening, hostile, humiliating, or offensive circumstances. Such behaviour may be verbal, symbolic and/or physical. A single incident may be deemed sexual harassment.

The term gender-based violence refers to violence committed on the basis of a person's gender which leads to or may lead to physical, sexual, or psychological harm or distress for the victim, as well as a threat thereof, coercion or arbitrary deprivation of liberty, both in private life and public field.

The term sexual violence refers to an offence against an individual's sexual freedom which is declared punishable in Chapter XXII of the General Penal Code.

The term staff members refers to any and all individuals employed at the University of Iceland, whether they are permanent or temporary employees, sessional teachers, or work for the University as contractors or subcontractors.

The term parties to the case refers to those said to have committed an offence and those said to have been the target(s) of the offence.

The University Council appoints a Professional Council which role is to process cases relating to the aforementioned offences committed by staff members or students of the University of Iceland. The Professional Council shall be appointed for a three-year term. The appointed chair shall be an individual who has professional knowledge and experience in handling cases of this nature and is not an employee at UI. In addition to the chair, one member nominated by the UI Division of Human Resources and one member nominated by the UI Student Counselling and Career Centre shall be appointed. The University Council shall also appoint three members as alternates, in accordance with the same rules.

Care must be taken to ensure that nominations comply with the provisions of Article 15 of the Act on Equal Status and Equal Rights of Women and Men, no. 10/2008.

The role of the Professional Council is to receive and investigate complaints and reports regarding offences committed by staff members or students of UI, provide supervisors of the academic or work units of the parties to the case with an observation on these complaints and notices, and propose reforms as applicable. The Professional Council shall furthermore advise UI authorities on preventative measures that might be taken against such offences. The Professional Council shall take into account the provisions of the Administrative Procedure Act, no. 37/1993, particularly concerning the right to be heard, duty to investigate, equal treatment of parties, and prompt handling, as applicable. The Professional Council shall establish further guidelines for their work practices.

A representative from the Division of Human Resources and the UI equality officer work with the Professional Council.

Anyone wishing to submit a complaint regarding an offence committed against them, either currently ongoing or in the past, by a staff member or student at the University of Iceland or anyone wishing to report an offence which they have reasoned suspicion or knowledge shall contact one of the three members of the Professional Council or the UI equal opportunities officer.

UI staff members may also contact their immediate superior. If this individual is the one deemed to have committed the offence, the staff member may turn to the superior’s superior. Students may also contact their faculty dean or, depending on circumstances, their school dean.
Anyone receiving such a complaint or report shall immediately refer the matter to the Professional Council for processing.

Upon receiving a complaint or report of an offence, the Professional Council shall summon the accused to a meeting to examine his/her position regarding the complaint or report. If a report is submitted by an individual other than the assumed victim of the offence, the Council summons the assumed victim to a meeting to examine their position on the report. Following the interviews with the parties to the case, the Council determines whether the case shall be formally processed. The Professional Council shall have unrestricted access to pertinent files in the University and faculty archives.

If the Professional Council decides to formally process a case, it shall notify the supervisors of the academic or work units of the parties to the case, as needed. The supervisors shall, having consulted with the Professional Council, take any necessary measures concerning the academic or work arrangements of the parties to the case. Efforts shall be made to reach an agreement regarding work arrangements whilst the matter is under review. The complainant or assumed victim of the offence may not be transferred to another position because of gender-based or sexual harassment or violence without having requested this her/himself.

The Professional Council shall thoroughly investigate the matter, e.g. by interviewing the parties involved and, as appropriate, their co-workers or other individuals who may be able to shed light on the case. The Professional Council shall offer the assumed victim of the offence professional assistance from a psychologist, social worker or other therapist with specialist knowledge of the offences involved. Should the person in question wish to report the matter to the police, the Professional Council shall assist in this as far as possible.

After the investigation is concluded, the Professional Council shall issue an observation outlining its conclusions to the parties involved, as well as to the supervisors of their academic or work units. Should the Professional Council deem that an offence has been committed, it shall submit a proposal to the supervisor of the relevant academic or work unit concerning the appropriate response. The supervisor shall then determine the most appropriate course of action, in consultation with the Division of Human Resources or the Student Counselling and Career Centre. The final decision in such cases shall be taken in accordance with the law and UI regulations.

Unless the law dictates otherwise, the Professional Council and others involved are required to treat individual cases as confidential.

The Professional Council shall record and maintain statistical data on cases it receives. This information shall be published annually.

These Rules of procedure, established based on Article 2 of the Regulation for the University of Iceland, no. 569/2009, and in accordance with the Act on Equal Status and Equal Rights of Women and Men, no. 10/2008, and the Regulation on bullying, sexual harassment, gender-based harassment and violence at the workplace, no. 1009/2015, shall enter into force upon being approved by the University Council.

The University of Iceland equal rights programme from 2009-2013 states that wellbeing in the workplace is an important component of the University's quality criteria. This programme clearly outlines the University's intention to ensure that mutual respect prevails between University staff and students. Amongst other things, this means that neither sexual nor gender-related harassment, nor other sexual violence, will be tolerated at UI. The University of Iceland aspires to always be at the forefront in matters of equality, and it is a matter of honour for the University to focus on these issues. It is important that strategies are in place should a staff member or a student consider themselves to have been a victim of one of the aforementioned offences. To ensure that this is the case, the University Council Equality Committee proposes that the following rules of procedure be approved.

The rules of procedure apply to responses at UI to any kind of gender-related or sexual harassment, or other sexual violence, to which staff or students may be subjected in their work or studies from other staff or students.

Specific sexual offences are punishable in accordance with the provisions of the General Penal Code no. 19/1940; in general, these are the most serious offences. If such cases arise at UI it is absolutely imperative that they proceed through clear channels and that the University takes the necessary measures, in parallel with responses from the criminal justice system as appropriate. Article 22 of the Act on Equal Status and Equal Rights of Women and Men no. 10/2008 also emphasises institutions' responsibility to take specific measures to prevent staff and students being subjected to gender-related or sexual harassment within the institution. The Act defines harassment of this kind rather more broadly than does criminal law, and in some cases a complaint may be filed in parallel with the involvement of the criminal justice system, but in other cases not. It is no less important to create clear channels for cases of this kind within UI.

Chapter XXII of the General Penal Code no. 19/1940 includes various provisions for sexual offences. The common objective of these provisions is to protect sexual freedom, the right to self-determination, freedom and privacy of the individual in sexual matters. The most serious offence is rape, when sexual intercourse or other sexual contact is had with an individual through the use of violence, threats or other unlawful coercion as well as depriving an individual of free will, for example, through confinement or drugs or exploiting, for instance, an individual's mental illness or mental disability. Punishable sexual harassment is behaviour of a sexual nature which is not considered to be sexual intercourse or other sexual contact. It includes, for example, stroking, fingering or fondling another person's genitals or breasts, beneath or through clothing. It also includes symbolic behaviour or words that are highly upsetting, repeated or liable to induce fear.

As previously mentioned, the terms gender-related harassment and sexual harassment are also defined in Article 2 of the Act on Equal Status and Equal Rights of Women and Men no. 10/2008. These broader definitions form the basis of these rules of procedure, and it is important here to provide further information on behaviour of this kind.

Sexual harassment can take many forms. For example, inappropriate questions on sexual matters, unwelcome physical contact, repeated sexual advances which are met with disinterest or rejection. Gender-related and sexual harassment are often characterised by repeated abuse of power, psychological oppression, behaviour intended to belittle the victim, as well as negative effects on the mental and physical health of the victim.

Gender-related and sexual harassment crosses the line of that which the victim finds acceptable. Sometimes the harassment is not checked at the outset because initially it can be difficult to differentiate between compliments or friendly physical contact, and harassment. It is also important to realise that the distinction between gender-related or sexual harassment and flirtation or friendliness is that the behaviour is unwelcome, not mutual and never on the basis of equality.

Research indicates that there are many reasons that can lie behind bullying or harassment, and often there are many factors at play. A brochure issued in 2008 by the Directorate of Labour on bullying and sexual harassment in workplaces states that the following risk factors can encourage this behaviour:

• Bad management and unsuitable work arrangements. For example, excessive demands are made on employees, or the demands are unclear and/or conflicting.
• Poor handling of changes. For example, when new technology is introduced, work routines and roles are changed; a merger or change in ownership occurs, or departments are closed.
• Excessive workloads, expansion, time constraints and stress.
• Recession and layoffs.
• Unsatisfactory provision of information.
• Difference of opinions, bad relations and/or tension between employees and/or between employees and managers.
• Lack of tolerance, e.g., with regard to age, nationality, disability, sexuality, sexual orientation or other factors distinguishing an employee from others in the work group.
• Lack of firm responses and solutions to problems and disputes arising in the workplace.
• Lack of autonomy and chances to affect the job and the work environment.
• Unclear rules of communication and ethical criteria in the workplace.
• Problems with individuals.

The rules of procedure contain definitions of gender-related and sexual harassment and other sexual violence, with reference to the General Penal Code no. 19/1940 and provisions in the Act on Equal Status and Equal Rights of Women and Men no. 10/2008.

It is also assumed that the University Council will appoint a specific Professional Council to address these matters, investigate them and propose responses. The goal in appointing the Professional Council is to ensure that any individual wishing to make a complaint regarding these specific offences shall have a secure channel available within UI. For this to be realised, it is important to emphasise the Professional Council's expert knowledge of offences of this kind. The involvement of an external specialist in a council of this kind is deemed to be one of the key factors in producing the best possible responses in these sensitive matters. Members of the Professional Council should also possess knowledge of the work environment for employees and students, and administration at the University of Iceland. Proposals regarding individual representatives on the Professional Council shall take the above into account.

The rules of procedure address the processing of a case in further detail. They provide information on where complaints can be filed, emphasising that all matters be referred immediately to the Professional Council, which shall make further decisions on professional case procedure. Investigation into a case and responses shall be discussed as the investigation is underway, and after a conclusion is reached. The Professional Council may set itself further criteria and rules regarding case procedure, as required. The Professional Council should take into account the primary rules on good administration. It should however be stated that the Professional Council only makes decisions related to the procedure of these cases, and these decisions therefore cannot be appealed. The Professional Council issues a statement and proposes responses to the relevant parties at UI, who are in turn responsible for making the necessary administrative decisions in a case involving employees or students, observing relevant rules on case procedure and the substance of a decision.