You are here Parents Policy on the Prevention & Resolution of Bullying Part 1 - Employees

1.1 Bullying Defined

The accepted definition of workplace bullying (contained in the HSA 2007 Code of Practice on the Prevention and Resolution of Bullying at Work) is ' repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual's right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying.'

The essential elements are:

•  repeated behaviour

•  inappropriate behaviour

•  direct or indirect

•  verbal, physical or other

•  conducted by one or more persons

•  at the place of work and/or in the course of employment

•  reasonably regarded as undermining a person's dignity

•  an isolated incident is not bullying.

1.1.1 Healthy Conflicts contrasted with Bullying Situations

A certain amount of conflict is normal in any working environment. Workplace inter-personal conflicts may in themselves be damaging and stressful, but do not necessarily constitute bullying. B ullying is different from conflict because it involves unfair and unethical behaviours that cause significant harm to individuals and the whole organisation. The World Health Organization (2003) produced a table to highlight the contrast between healthy conflicts and bullying situations:

It is also important to distinguish between bullying and the proper and reasonable exercise of authority by management or the constructive and fair criticism of a staff member's conduct or work performance . Bullying at work does not include reasonable and essential behaviour arising from the good management of the performance of an employee at work or actions taken which can be justified as regards the safety, health and welfare of the employees.

1.1.2 Examples of Workplace Bullying

Physical forms of bullying may include (list is not exhaustive)

•  Shoving, jostling

•  Interfering with personal property or work station

Non-physical and verbal forms of bullying may include (list is not exhaustive)

•  Private or public humiliation, deliberate exclusion/ostracism;

•  Repeated use of offensive language directed at an individual or individuals;

•  Personal insults, such as name-calling, sneering, continued and deliberate staring;

•  Repeated put-downs, offensive jokes

•  Repeated verbal abuse;

•  Undermining a person's role, dignity or respect e.g. removing areas of responsibility and imposing menial tasks

•  Spreading malicious rumours

•  Threatening behaviour

•  Aggressive behaviour

The procedures outlined in Part 1 of this policy are specifically designed to address bullying at work, but may also be used to address sexual harassment or harassment on other specified discriminatory grounds, in an industrial relations framework. It is also open to any employee who considers that s/he is being discriminated against, to contact his/her trade union representative with a view to referring a complaint to the Director of Equality Investigations or Labour Court, as the case may be.

1.2 Allocation of responsibilities as regards prevention of Bullying at Work

Management, others in positions of authority and workplace representatives have a particular responsibility to ensure that bullying at work does not occur and that complaints are addressed speedily.

Employees can also contribute to achieving a work environment in which the risk bullying is minimised. This can be achieved by co-operating with preventive measures introduced by management, and by implementing trade union strategies to eliminate or avoid bullying at work. Employees should recognise that a finding of bullying at work will be dealt with through disciplinary measures as decided by the Board of Management. Equally, a finding that the complaint was vexatious will be dealt with through disciplinary measures as decided by the Board of Management.

1.2.1 Training and Supervision

Employees will be provided with such information, training, development and supervision as is necessary to ensure, insofar as is reasonably practicable, the prevention of bullying. This may include:

•  making employees aware of the Policy on the Prevention and Resolution of Bullying ;

•  information on the appropriate behaviour to comply with the terms of the policy;

•  training, if needed, in order to comply with the policy;

•  assistance, if necessary, to overcome a bullying incident

•  adequate and informed supervision of the work environment in the school.

The Board of Management gives a commitment to staff training and supervision as identified in any risk assessment on issues related to bullying at work. This may include provision of training:

•  for management, and all other staff;

•  at induction;

•  through appropriate awareness raising initiatives.

Such training will familiarise participants with their responsibilities under the policy, identify the factors which can help reduce bullying in the workplace and will assist staff in dealing with any problems they are likely to encounter. The Board recognises that such training is especially important for those members of staff responsible for implementing the policy, responding to complaints and for supervision. Records will be kept by the Board of all staff training.

1.3. PROCEDURES FOR RESOLVING BULLYING AT WORK

The Board of Management proposes both an informal and formal approach for resolving bullying at work. While it is the decision of the complainant in the first instance which approach to adopt in any particular situation, the Board of Management commends the use of the informal and/or mediation approach before initiating a formal investigation. However, if an issue is sufficiently serious then the Board of Management reserves the right to initiate a formal investigation into the matter.

Any complaint of bullying must be made within six months of the latest incident(s) of alleged bullying.

1.3.1 Informal Approach

(A) HANDLING MATTERS YOURSELF

•  If you are happy to handle matters yourself then seek advice from your Trade Union and/or Employee Assistance Service for Teachers. Phone contact: 1800 411 057 and email eas@vhics.ie

•  Keep a record of incidents as they occur: what happened, dates, times, places, witnesses (if any), your response and the impact on you.

•  If you feel able, speak privately to the person you feel is bullying/harassing you, make it clear that their behaviour is unacceptable and ask them to stop;

•  If this is not possible or you find it difficult to approach the perpetrator, then you should initiate the informal process for help.

(B) INFORMAL PROCESS

A problem-solving approach is promoted to ensure that the behaviour complained of, if established in fact, is eliminated and that working relationships are restored. An informal process will:

•  Aim to assess the allegation and address it;

•  Use agreed procedures;

•  Be consistent, systematic, transparent and unbiased;

•  Ideally have an intervention addressing the issue in place within three weeks or an agreed, indicative time frame;*

•  Promote the restoration of harmony over the medium to long term.

On receipt of a complaint of alleged bullying, or a complaint that a bullying atmosphere or bullying type behaviours are occurring, the Board will try to have the matter resolved informally with the consent of the parties involved. For general non-specific issues, a proactive, non-judgemental intervention approach such as information sessions, clarifying what is acceptable interaction for this workplace and monitoring will be used. Informal resolution of a specific bullying allegation could include for example, clarification of what bullying is, agreement to alter verbal style, agreement by the person complained of, if they accept that their behaviour was inappropriate, that the conduct will not be repeated, or an explanation to the complainant about what occurred from the point of view of the person complained of which dispels the complaint.

The first step in any informal resolution of a complaint will be to get the facts of the complaint, the specific issues complained of, when they occurred and to judge whether or not they fall within the definition of bullying, and after that to establish whether or not they are representative of the events complained of.

Generally, the Board of Management or Chairperson will not try personally to informally resolve the complaint but will instead refer the dispute for resolution to a member of the senior management team in the school (assistant principal or deputy principal providing they are not a member of the Board) or such other person as may be agreed. This is to prevent any bias or perceived bias on the part of the Board, should the issue be referred to the Board at a later stage in the process.

If the complaint is made by or against a member of the senior management team within the school, it may be necessary to use the expertise of an independent professional body such as the INTO or IMPACT to access mediation or conciliation.

* While it is crucially important for both the complainant and the person complained against that an effective process be put in place promptly upon a complaint being made, it is also very important that enough time be given to the process and to any mediation or monitoring that this involves. Therefore a time frame and speedy intervention is emphasised while not diminishing the fact that the intervention may carry on into the medium term in order to ensure it remedies the issues fully.

1.3.2 Key Steps in the Informal Process

A complainant alleges bullying

•  Employee seeks advice from Trade Union and/or Employee Assistance Service for Teachers. Phone contact: 1800 411 057 and email eas@vhics.ie

•  Any employee who believes he or she is being bullied should, where possible, indicate directly to the person complained of that the behaviour in question is unacceptable. In circumstances where the complainant finds it difficult to approach the person complained of directly, he or she should seek help and advice, from another colleague or trade union / staff representative.

•  The Board will designate a separate person who has had appropriate training and experience and who is familiar with the procedures involved to deal with the complaint on behalf of the Board. This person will be someone in senior management within the school (deputy principal or assistant principal). For each complaint that arises, a designated person will be assigned to deal with that specific case. This is a very important role and pivotal in altering bullying cultures and handling complaints effectively at informal stage. Effective guidance and training will be in place for those who are engaged at this level with the process.

•  The complaint may be verbal or written. If verbal, a written note of what is complained of should be taken by the designated person and a copy given to the complainant.

•  The designated person who is handling the complaint, will then establish the facts, the context and then the next course of action in dealing with the matter under the informal procedure.

•  If the complaint concerns bullying as defined and includes concrete examples of inappropriate behaviour, the person complained against will be presented with the complaint and his/her response established.

•  After that, a method will be agreed to progress the issue to resolution so that both parties can return to a harmonious working environment without bullying being a factor.

•  If the behaviour complained of does not concern bullying as defined, an alternative approach will be put in place and a rationale recorded. If there are no concrete examples given, it must be deemed that there is no complaint to be answered by the person complained of as they have no recourse to repudiating an accusation that does not involve any specifics.

Intervention

The first step in the informal approach is to ascertain the facts of the accusation, and present them to the person complained of, where they are assessed to be validly made.

In following the informal process , steps to stop the bullying behaviour, where it has been identified, and monitor the situation along specified lines will be agreed with both parties. This may involve a direct or indirect approach and possible resolution through a programme to change behaviour. It may involve mediation* by an agreed mediator who is practised in dealing with bullying at work.

* Mediation is a voluntary and confidential process for resolving disputes in which the parties agree to attempt to resolve the issues of the dispute without recourse to the judgement of others with the aid of a professional mediator.

•  Enough time needs to be allowed for the mediation or on-going monitoring process to be successful and behaviour change to be realistically achieved over the longer term. It may be necessary to consider if other working arrangements are required or feasible during this short-term phase. A proposal should be made, considered, and an action and time frame should be agreed, signed and dated, preferably by both parties.

•  The designated person will keep a record of all stages; the complaint, the first meeting, action agreed and signed records of the final meeting. The purpose of the records, which do not include detail of discussions, is to provide evidence of the complaint having been met with an organisational response and attempt at resolution. Records will be kept in accordance with the Data Protection Acts 1988 and 2003, specifically section 2 (1) governing Retention, within the agreed school filing system and be available only to those directly involved and within the confines of the obligations and duties of the 1988 and 2003 Acts.

•  Information disclosed in the course of mediation will remain within the mediation process and will not be given by the mediator to anyone or to an investigator if there is a subsequent investigation at formal stage.

•  Confidentiality is crucial for this stage to be effective and breaches of confidentiality, where exposed, will be met with sanctions highlighted in advance.

Closure

•  To obtain closure after a resolution is found through informal procedures both parties will be given support or periodical reviews, insofar as is reasonable, which, if necessary, could include counselling or other appropriate interventions or support services;

•  Where a complaint has been assessed as vexatious, the matter will be progressed through the disciplinary procedures drawn up by the Board and guided by the Labour Relations Commission publication: Grievance and Disciplinary Procedures;

•  In many situations, with the co-operation of all parties, the matter can rest here.

1.3.3 Formal Approach

If the issue is not or cannot be resolved through an informal process, or, if after that informal process the bullying persists, a formal process will be invoked.

(C) FORMAL PROCESS

The process includes a formal complaint, and a formal investigation. The purpose of an investigation is to determine the facts and the credibility or otherwise of a complaint of bullying. Where an investigation is to be carried out, the procedures as follows will be followed.

1.3.4 Key Steps in the Formal Investigation Process

Formal complaint

The complainant must make a formal complaint in written form and signed and dated. The complaint should be confined to precise details of alleged incidents of bullying, including their dates, and names of witnesses, where possible.

The complainant will be advised of the aims and objectives of the formal process, the procedures and time frame involved, and the possible outcomes. He/she will be assured of support as required throughout the process. He/she should again be given a copy of this Bullying Prevention Policy .

Information to the person complained against

The person complained against will be notified in writing that an allegation of bullying has been made against him/her. He or she will be assured of the school's presumption of his or her innocence of any wrongdoing at this juncture. He/she will be advised of the aims and objectives of the formal process and procedures and time frame involved and the possible outcomes. He/she will be assured of support as required throughout the process. A meeting will be organised at which he/she is given a copy of the complaint in full and any relevant documents including this Bullying Prevention Policy .

Investigation

The investigation will be governed by terms of reference which will include the following:

•  The investigation will be conducted in accordance with this Bullying Prevention Policy .

•  The likely time scale for its completion - an indicative time-frame will be outlined and agreed and its rationale explained.

•  The scope of the investigation, indicating that the investigator will consider whether the complaint falls within the definition of bullying at work and whether the complaint has been upheld

Statements from all parties will be recorded in writing as the use of written statements tends to make matters clearer from the outset and maintains clarity throughout the investigation. Copies of the record of their statements will be given to and agreed with those who make statements to the investigator.

All parties should continue to work normally, if possible, during the investigation.

The objective of an investigation is to ascertain whether or not, on the balance of probabilities, the behaviours complained of occurred. Evidence and witness statements are relied on for this purpose.

The investigation will be conducted by either a designated member(s) of management or, if necessary, (for example in the case of any possible conflict of interest) an agreed, external third party. In either case, the person nominated will have appropriate training and experience and be familiar with the procedures involved. The investigation will be conducted thoroughly, objectively, with sensitivity, utmost confidentiality, and with due respect for the rights of both the complainant and the person complained of.

The investigator will meet with the complainant and the person complained of and any witnesses or relevant persons on an individual confidential basis with a view to establishing the facts. A work colleague or employee/trade union representative may accompany the complainant and the person complained of, if so desired.

The investigation will be completed as quickly as possible, preferably within an agreed timeframe. The investigator will submit the report to the Board which will include his or her conclusions. The complainant and the person complained of will be given a copy of the report as soon as possible by the Board and given an opportunity to comment, within a set deadline, before the Board decides on any action to take.

The Board will decide in the light of the investigator's report and the comments made, if any, what action is to be taken arising from the report. The Board will then in writing inform the complainant and the person complained against of the next steps. At the end of the process the documentation will be kept by

the Board in line with the Retention guidance within the Data Protection Acts 1988 and 2003 and made available only in compliance with those Acts.

1.3.5 Action Where the Complaint is Upheld

Where a complaint has been upheld, bullying has been identified as a behaviour which is a hazard in the school. Bullying behaviour is recognised as having potentially damaging effects to the health of the person bullied and damaging consequences for the school. Eliminating the hazardous behaviour and controlling the risks of it re-occurring is a requirement of the Board as part of its duty of care under Health and Safety legislation, in particular under section 8 of the Safety, Health and Welfare at Work Act 2005. Action will be taken to eliminate the risk of the bullying behaviour continuing or being repeated at a later date. A record of the interventions used for this purpose will be kept.

If a complaint is upheld the matter is now a disciplinary issue and the Board will follow the appropriate disciplinary procedures as outlined in the Labour Relations Commission's Codes of Practice - Grievance and Disciplinary Procedures and Voluntary Dispute Resolution.

The Board will decide what further action as regards the complaint is necessary, including specific remedies to eliminate exposure to the hazard in future and to reduce the effects of the prior exposure for the complainant. The Board will keep the situation under review. It may be appropriate in some cases to provide for counselling for the complainant and also for the person complained against, or to decide on other steps such as better training or supervision, re-assignment or re-organisation of work.

1.3.6 Action Where the Complaint is Not Upheld

The Board acknowledges the importance that no victimisation or appearance of victimisation of a complainant follows an investigation. It is crucial that situations are treated sympathetically where complaints are made in good faith but not upheld, and it will be noted that there are instances where this will be the case.

Where a complaint is not upheld, the Board has a duty to the person complained against. It will be made clear to both parties that the complaint is not upheld, and no wrong doing has been found. Support and affirmation will be offered to the person against whom the complaint was made, and all efforts will be made to ensure that anyone with a prior knowledge of the complaint is made aware of the finding that it is not upheld.

Where, on the other hand, a complaint has been found to have been maliciously made, the Board's disciplinary procedure will apply.

Appeals

Within the formal system, an appeals process for both parties is in place. The reason for the appeal should be outlined in writing to the Board if such an option is being taken. The appeal will be heard by another party, of at least the same level of seniority as - but preferably more senior than - the original investigator, and focus only on the aspect of the case cited by the appellant as being the subject of the appeal. The grounds of the appeal and any outcome and methodology employed will be appended to the investigation file.

Closure and Next Steps

Both parties will be given appropriate support and periodical reviews, insofar as is reasonable, after a resolution is found so as to obtain closure. It must be accepted that investigations can result in very divisive relationships for individuals and teams and some type of reconciliation or rehabilitative meetings, or team working session will be advised to restore healthier working communication for the future. In many situations, with the cooperation of all parties, the matter can rest here.

1.3.7 If Internal Procedures Do Not Resolve a Bullying Complaint

If full utilisation of the range of available internal procedures has not resolved a bullying complaint, the services of a Trade Union official may be accessed directly by individuals involved. This will not prevent any of the persons involved in taking legal advice.

The Board is aware that teachers are not governed by the Industrial Relations Acts 1969 - 2001 and therefore cannot access the machinery of the Rights Commissioner / Labour Relations Commission and Labour Court.

othing in this policy and procedure should be construed as seeking to remove any person's legal rights. Furthermore, an employee has the right to seek advice from any appropriate statutory body at any stage of the process.

PART 2 - PUPILS