Welcome to the E-discussion
Welcome everyone to this e-discussion on Addressing Sexual Harassment in Research Organizations. We will discuss the occurrence of, response to and prevention of sexual harassment in research performing and research funding organizations, and the higher education sector more broadly.
My name is Claartje Vinkenburg, I am an in-house consultant with Portia ltd, and in the ACT project I am leading the ERA priority group on careers. This e-discussion is the first activity that this group holds. Next to questions to our experts, we welcome and encourage any lessons learned and practice examples of "what works".
Before we begin I would like to repeat four simple rules of engagement to keep the conversation going and flowing.
− use the "reply" button to respond directly to posts in the thread;
− refresh the page regularly, using buttons in the address bar or the bottom of the page;
− do not worry about spelling and grammar - we will polish the final version later;
− do not mention names or details of sexual harassment cases, respect privacy.
I will start a new comment when we move to the next topic on the agenda. Looking forward!
Active Threads:
2020-Apr-16
2020-Apr-10
Last Comment
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4 years 4 months ago
Comments
Underreporting?
I agree underreporting is an issue - it is an issue methodologically for researchers, for experts when we want to make a case in the institution for more action- it may actually appear that there are not so many cases, so maybe this is not a problem? E.g. if you count the reported cases. I believe, we should always underline that it is not about benchmarking who has less cases but being able to solve any appearing case, support students/workers if such a situation appear and have clear procedures so those who are discriminated can make a claim.
Underreporting
Yes, I agree! And also: if we measure by using surveys, we must ask specific questions. Statistics tend to be higher when people are asked about their experiences in a detailed and concrete way. So rather than "did you ever experience sexual harassment", we should ask "did you ever experience someone sending you ambiguous texts with a sexual undertone", "did you ever experience someone looking at your body in a way that felt uncomfortable", etc.
Under reporting
I wonder about the extent to which academics under-report... they have a huge incentive not to report since if they do that may be the end of their academic career.
Under reporting
Yes, this is true and a big problem!
under reporting
This is expecially true for universities where there are no clear procedures against harassment and the reporting is done to the direct supervisor, who in turn has the employing power.
Question to experts
just wonder if we have term toxic femininity?
Could be experience eg academic enviroment like nursery and health scieces were predominancy is covered by women
Apparently yes, it exists
https://www.urbandictionary.com/define.php?term=Toxic%20Femininity
But have not heard it used in relation to sexual harassment, nor to feminine academic disciplines
Responding to sexual harassment - when its intersectional
I think this supports the notion that preventative messures against sexual harassment cannot be complete with out addressing the ways in which other forms of harassment function.
Anne-Sophie, your position at university
do you have an english translation of your position goals, tasks and responsibilities?
At PK, Poland we just try to help building such a position rules...
Translation
No translation, but I can send you links. With linguee and deep learning translation you can figure out
translation
thank you,
my address: lzakowsk@pk.edu.pl
Second topic: response
The second topic is the response to sexual harassment. We know there are quite a few examples of situations where institutions have not handled sexual harassment very well (underreporting, retaliation, etc). Is there a pattern to or typology of responses? What can we learn from more positive examples?
(please continue discussing occurrence above if you like!)
Response to gender-based harassment
In my experience, the overwhelming majority of institutions do not respond appropriately and worse create secondary harm to victims. Recent cases in UK universities (e.g. at Warwick: see https://www.theguardian.com/education/2019/jul/10/warwick-university-apologises-to-women-targeted-by-chat) but also institutions that ought to be role models in this area (e.g. EIGE: see https://www.politico.eu/article/sexual-harassment-eu-gender-equality-agency/).
Really looking forward to some more positive examples of how handle violence.
Response to gender-based harassment
Unfortunately, I also have little positive interventions to share from the GENERA Network/CoP. The University of Southhamption implemented an online reporting tool (after several cases finally came to the surface) to set up support structure for Victims and/or witnesses of bullying and harassment. They often do not want to make official reports or complaints right away. However, this is just one step.
Lia (GENERA CoP facilitator)
Note: to reply, move to page 2!
My browser just opened a second window because of the length of the page, so please move to page 2 to continue the conversation on response
Examples from Students Unions' working with Universities
In 2015 when I was at the National Union of students, we set up a Pilot Union scheme where we worked with nine students' unions to build their own local Lad Culture Strategies to deal with sexual harassment on their campus and share best practice with other unions. This involved setting up working partnerships between Students Unions and their universities. We also developed resources with them to share. Further details can be found in the link below.
https://www.nusconnect.org.uk/liberation/women-students/tackling-lad-cul...
Responses to sexual harassment
I think universities are more comfortble tackling sexual harassment between students. When it involves members of staff, whether towards each other or towards students it requires strong gender competent leadership and a culture that values whistleblowing. Unfortunately that is rare: and even when an individual acts (e.g. in the case of Oxford) he may be isolated and pilloried...HEIs are still organisations and they tend to 'circle the wagons'...
Students' union engagement
This is very important to have a deeper reflection on measures and ways to claim harassement if you are a student - this is great that student unions were dedicated to this. Workers are protected to some extent by labour code and sexual harassement is for them a matter of work relations, but in case of students the procedures often need to be more locally designed.
Best practices
Great and hopeful resource, thanks! Have these initiatives also been evaluated?
Harassment Investigation at CERN
Hello everyone, I appreciate the input of all of you with your various perspectives.
As a Legal Adviser at CERN and former Legal Expert to CERN's Harassment Investigation Panel (and double-hatting as the D&I Programme Leader), I have observed a significant gap between the (legal) requirements and contstraints to ensure an effective and fair investigation, compared to the expectations of the outcome from the alleged victims of harassment. The gap can be bridged by producing clear and transparent procedures, but also offering several alternative channels of support to those who have experienced behaviour amounting to sexual or moral harassment (ie. the two types CERN defines in its framework). I can share more on these points, if anyone interested.
alternative channels of support
I would gladly receive more information on this topic o.kotowska@uksw.edu.pl
CERN Harrassment Investigation Panel input
Hi Louise and everyone, I'd be very interested in reading more about these points you've mentioned. I'm part of the French CNRS office (MDPF) in charge of pushing for gender equality within our communities of workers and looking forward to some successful examples & practices related to institutions addressing GBV & sexual harrassment.
Moral harassment?
Could you please define moral harassment? Is it similar to microagressions? Derald Wing Sue defines microaggressions as "brief, everyday exchanges that send denigrating messages to certain individuals because of their group membership". What are the alternative channels of support?
Contstraints to ensure an effective and fair investigation - This is very much an issue, we may have procedures but will they overcome the culture of an institution and beat hiararchies? Are there any mechnism of monitoring/auditing those mechanisms at CERN?
Moral harassment
In CERN's policy against harassment, "moral harassment" includes: "systematically demeaning, isolating, bullying or attacking a person"; also behaviour that casts doubt on a person's skills or efficiency, undermining their self-confidence or integrity; also discriminatory or offensive comments or behaviour on basis of sex, age, religion, beliefs, nationality, sexual orientation, ethnicity etc"; abuse of authority or power
Trust in the investigation
We have certainly observed that in order to "trust" the Organization's investigation / sanction processes, people need to see results. In other words, Organizations must be prepared to publish the number of cases, the number / type of sanctions, all the while maintainting confidentiality of the parties concerned.
Responses
I am not so pessimistic. We are learning and we are progressing.
All French universities made progress thanks to good practice sharing and pressures from the ministry of HE to tackle the issue.
Preventing made progresses, complaining too. Which is good news. Now we have to make progress in responding. The topic was very confidential a couple of years ago, it is now a priority.
Pressure from the ministry
I would be v interested to know the kind of pressure that works... If reports are linkd to funding then there may be further pressure not to report/press charges. What has worked with you?
Link to funding (NSF)
US funder guidelines on how to deal with awardees accused of SH
NSF https://www.nsf.gov/news/news_summ.jsp?cntn_id=296610 and https://www.nsf.gov/od/odi/harassment.jsp
Limitations of policies...
But the NSF still requires people to report sexual harassment- and what institution will employ someone who has reported harassment by a major award winner??? Am I being too pessimistic?
Responses: discouraging findings
In our study, we found inadequate responses in almost all cases. People encountered problems such as:
- Many participants felt like the person they went to for help did not believe them
-In other cases, the other person did believe our research participant, but did not offer any help (e.g. making victims responsible for solving the issue). Some participants were actively discouraged from filing a complaint, and/or instructed to stay silent in order to “keep the peace”. In some cases, participants were even forced to sign a formal non-disclosure agreement
-Sometimes, people were willing but unable to provide help (e.g. "this is not part of my task")
-Even if a person was willing to provide a solution, this solution was often experienced as a makeshift measure rather than a structural solution. E.g. coaching, sick leaves and time out for victims, but no investigation or action regarding the perpetrator.
It was not just superiors and formal officers who responded in inadequate ways: bystanders often responded equally inadequate.
Ending the use of non-disclosure agreements?
I am intrigued by the UK 1752 groups' campaign to end the use of NDAs https://1752group.com/end-ndas-campaign/
Is that still ongoing and how has it helped?
NDA
Could you explain ? Do universities pay for NDA or is it just a policy?
My understanding of NDA
In my understanding it is a settlement (victim receives monetary compensation and agrees not to disclose details), Apparently this is about large sums of money in total and it hinders transparency, in terms of culture but also in terms of preventing future incidents (perpetrator moves on to next employer / new victim). Described as a "gagging order"
NDA in France too
one can note that in France the disciplinary committees generally choose not to disclose the name of the perpetrator,
it was the case in most cases in HE and research (even though they have the choice to disclose or not)
NDA
And usually the perpetrator moves quietly or the next position in another city... but I don't think the French universities pay the victims for that. Among non academic staff, the perpetrator may be promoted to move to another service. Crazy situation !
very often, the attitude of the victim is ambivalent, many victims are afraid to name the perpetrator and just want to put an end to the harassment. Some go to justice, not so many. We try to accompany them, but it is not always easy. We wonder if it is better to accompany them with external third parties (paid by the university and more neutral) or university services.
non disclosure
exact you're right to underline this difference,
the French non-disclosure policy is different from NDAs,
even though there are similar consequences
NDA in France
Not exactly: the victim does not receive money.
one question is NDA a judiciary decision or an internal decision ? Usually we have different procedures : the judiciary one where the university is judged as the employer responsible for the safety of staff and students, not all victims want to go to the trial, take a lawyer and suit. The other one is the internal procedure (enquête administrative) with sanctions and decisions inside the university. It is very different, as the university tends to be on the side of the perpetrator in the formal trial and has to defend itself, in the internal procedure, the university is mostly on the side of the victim.
I think that the big problem
I think that the big problem is the lack of widespread support from the community. If you go on with all the legal procedures, there will be rumours, and often these rumours are a part of the harassment themselves, and a part of the normalization process of sexual harassment. Sometimes, people don't feel they have the strength, they just want to forget and go on with their lives.
Accompanying victims is crucial
This is why accompanying victims is very important as well as legal and psychological support.
Not disclosing the name of the perpetrator
Wow. That makes it easier for the institution but seems very problematic.- both in terms of protecting future victims and in prosecuting the perpetrator. Even if the harassment goes to a criminal level (e.g. rape) the name of the perpetrator is not revealed?? Very strange...
NDA
I believe the campaign is still ongoing. One of the recommendations from 1752 & NUS' Power in the academy: staff sexual misconduct in UK higher education report is:
"New guidance should be provided by the Office for Students and Universities UK to prevent the use of non-disclosure agreements in future settlements between universities and students, to allow greater transparency and trust to build between students and the sector.'
I believe that the Office for Students and Universities UK has yet to do this.
Non Disclosure Agreements
Has any similar action beeen taken by staff unions in the UK - arguing for an end to NDAS?
Thanks!
The whisper networks always worked and #MeToo has done much to change this, but still it is difficult to be completely transparent. Will keep watching!
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