Anti-Sexual Harassment Policy
July, 2020
CONTENTS
1. Purpose and aims of the policy
2. Definitions
3. Application and Scope – Exclusion or special condition
4. List of prohibited action - code of conduct
5. Implementation and Compliance Institutions
6. Formal Reporting of Violation/Complaint Mechanism and Investigation
7. Sanctions – Disciplinary measures
8. Prevention / awareness
9. Follow up and monitoring
10. Special provision – confidentiality
11. Reporting and evaluation
12. Annexes
1. Purpose and aims of the policy
Africa Centre of Excellence for Sustainable Power and Energy Development (ACE-SPED) intends to maintain the highest order of morality, decency and respect among staff and students. It is usually common for those in any position of authority to sexually or financially exploit persons within their sphere of influence. Hence, the essence of this document is to provide a holistic framework to prevent the incidence of sexual abuse/sexual harassment in ACE-SPED by articulating well-rounded mitigative measures as well as specifying commensurate sanctions for persons involved in such. Students should be able to undertake their studies at ACE-SPED without any fears or apprehension of exploitation of any sort. In line with the core principles of service delivery in the University of Nigeria, Nsukka, ACE-SPED pursues courteous, respectful and dignifying staff – student, staff – staff and student – student relationship. Effective service delivery shall be promoted without prejudice to gender, race, ethnicity, religious affiliation and, of course, vested interest arising from or in a bid to initiate or sustain any form of illicit/abusive relationship. For the purpose of this policy, sexual harassment shall be defined to include acts or behavior constituting sexual abuse and sexual assault which occur within the definitional scope of this University’s policy in relation to members of the University community. Any act by the University’s employees or students of reprisal, interference, or any other form of retaliation, whether direct or indirect, against a student or employee for raising concerns covered by this policy
is also a violation of this policy. This policy applies to all staff, students and partners of ACE-SPED undertaking any activity at, for or on behalf of ACE-SPED.
1.1 Aim
The aim of the policy is to strongly oppose sexual harassment and sexual abuse in any form and by this policy communicate zero tolerance of any action that may be construed as sexual harassment or sexual abuse at the Africa Centre of Excellence for Sustainable Power and Energy
Development (ACE –SPED)
1.2 Objectives
The specific objectives of the policy are:
To take steps to prevent sexual harassment and sexual abuse at the ACE-SPED
To respond promptly and effectively to reports of sexual harassment and sexual abuse at
the ACE-SPED.To administer appropriate disciplinary measures when a violation is found to have occurred
as provided by this policy
2. Definitions
| Word/Term | Definition (with examples if required) |
| Sexual Harassment | Interaction between Individuals of the opposite or same sex that is characterized by: (a) unwelcome sexual advances; or (b) unwelcome requests for sexual favours; and (c) other verbal or physical conduct or behaviour of a sexual nature where i. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or participation in an educational programme or activity: or ii. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or iii. Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance, or of creating an intimidating, hostile, or offensive educational or working environment. |
| Abuse of Authority Sexual Harassment | A demand by a person in authority for sexual favours in exchange for work or academic related benefits (for example, a wage increase, promotion, higher grades, a training or scholarship opportunity, etc.). In determining whether abuse of authority has occurred, factors to consider include: Whether the harasser had actual supervisory authority over the employee; the alleged harasser demanded sexual favours in exchange for an academic or employment-related benefit. |
| Hostile Environment Sexual Harassment | Unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating |
| Sexual Assault | Sexual violence/sexual assault is any sexual act, attempt to obtain a sexual act, or other act directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting. It includes rape, defined as the physically forced or otherwise coerced penetration of the vulva or anus with a penis, other body part, or object |
| Complainant | A person who is subject to alleged sexual harassment and has filed a complaint under this policy |
| Committee | The Anti-Sexual Harassment Committee established by the ACE-SPED / University to address sexual harassment matters and investigate grievances. |
| Members of the University Community | All employees and students of the ACE-SPED / University |
| Policy | Policy on Anti-Sexual Harassment for the ACE-SPED /University of Nigeria, Nsukka |
| Respondent | A person whose alleged conduct is the subject of a complaint |
3. Application & Scope - Exclusions or Special Conditions
Categories of persons to whom this document applies include:
(i) ACE-SPED staff – an ACE-SPED staff is a person hired directly by ACE-SPED either on a long-term or short-term basis to perform specific tasks for and on behalf of ACE-SPED. This includes: principal officers, academic staff, post-doctoral fellows and other support staff. Such persons will usually be provided with letter of appointment specifying terms and conditions of the job.
(ii) ACE-SPED students – an ACE-SPED student is a person who, at one time or the other, applied and was offered admission to undertake any of the following programmes at the ACE-SPED:
a. Master’s
b. Ph.D
c. Bench work
d. Short course
e. Skill acquisition
Persons in this category would normally be issued with a sort of admission letter prior to their commencement of their programmes at the ACE-SPED.
(iii) ACE-SPED Partners – this includes persons delegated by ACE-SPED industry partners
to undertake any activity related to ACE-SPED.
This document ceases to be in force under the following circumstances:
(i) when a staff is disengaged
(ii) When a student has graduated. However, if the student was a victim of abuse or sexual harassment by a staff member of ACE-SPED, the terms of this document shall apply to such staff.
(iii) When ACE-SPED partners are not acting in co-ordination with, with respect to, for or on behalf of ACE-SPED
(iv) When the abuse or sexual harassment is not related to ACE-SPED activities. However, ACE-SPED shall lend full and unalloyed co-operation to law enforcement agencies for the purpose of free and fair prosecution of staff accused of such crime.
4. List of prohibited action - code of conduct
At the ACE-SPED, sexual harassment is viewed as any unwelcome sexual advances and request for sexual favours, either verbally, use of inuendoes, use of any electronic media or by a third party, in return for any form of assistance in matters relating to ACE-SPED or with threat of
punishment in matters relating to ACE-SPED if such advances are rebuffed. Student’s abuse is viewed as any form of exploitative relationship with a student based on intimidation, against the wish of such student. Hence, at ACE-SPED, the following actions shall constitute student
abuse/sexual harassment and shall be dealt the strongest level of disapproval and sanctions as prescribed in this document:
i. Attempt to have sexual relationship with a student in return for marks
ii. Sexual advances towards a student with promise to protect the interests of such student in
ACE-SPED related matters
iii. Sexual advances towards a student with threat of punishment if declined
iv. Use of sexually abusive language on a student
v. Deliberate and repeated glances at the sensitive body parts of a student with intent to seduce
vi. Request for nude or indecent pictures of a student
vii. Sending of suggestive messages using SMS, emails, WhatsApp or any other form of
electronic media
viii. Deliberate physical contact with or touching of a student with the intent to humiliate or
extract sexual pleasure.
ix. Rape
x. Unguarded remark about the body of a student
xi. Frustrating a student with the intent to make him/her sexually vulnerable
xii. Antagonism against a student for refusing sexual advances.
xiii. Systematic distribution of a student’s indecent picture or video
xiv. Any other action that is generally accepted as abuse/sexual harassment
xv. At the University of Nigeria, Nsukka that is hosting the ACE-SPED, in general, there is an
existing dress code. Hence, any dressing at the ACE-SPED or during an ACE-SPED related
activity that has intent of seduction will be treated as sexual harassment
5. Implementation and Compliance Institutions
5.1 The University Council
The University Council will have the overall responsibility for ensuring that the University complies with the Anti-Sexual Harassment Policy. It includes ensuring that:
(i) The Anti-Sexual Harassment Policy should not be the only document that indicates that the University seeks to provide an atmosphere of work and study in which all individuals are treated with respect and dignity. The principles of the Anti-Sexual Harassment Policy should be referenced and put into specific action in other University documents such as the University Statutes, Strategic Plan, Student Handbooks, Conditions of Service, Code of Conduct and other policies and regulations (and in particular, the Gender Policy).
(ii) The Anti-Sexual Harassment Policy should be made available to students and employees in various forms, as a handout at orientation programmes for these groups and on the University’s Website, among others.
extract sexual pleasure.
ix. Rape
x. Unguarded remark about the body of a student
xi. Frustrating a student with the intent to make him/her sexually vulnerable
xii. Antagonism against a student for refusing sexual advances.
xiii. Systematic distribution of a student’s indecent picture or video
xiv. Any other action that is generally accepted as abuse/sexual harassment
xv. At the University of Nigeria, Nsukka that is hosting the ACE-SPED, in general, there is an
existing dress code. Hence, any dressing at the ACE-SPED or during an ACE-SPED related
activity that has intent of seduction will be treated as sexual harassment
5. Implementation and Compliance Institutions
5.1 The University Council
The University Council will have the overall responsibility for ensuring that the University complies with the Anti-Sexual Harassment Policy. It includes ensuring that:
(i) The Anti-Sexual Harassment Policy should not be the only document that indicates that the University seeks to provide an atmosphere of work and study in which all individuals are treated with respect and dignity. The principles of the Anti-Sexual Harassment Policy should be referenced and put into specific action in other University documents such as the University Statutes, Strategic Plan, Student Handbooks, Conditions of Service, Code of Conduct and other policies and regulations (and in particular, the Gender Policy).
(ii) The Anti-Sexual Harassment Policy should be made available to students and employees in various forms, as a handout at orientation programmes for these groups and on the University’s Website, among others.
(iii) Measures in place to ensure the creation and maintenance of an environment that seeks to provide an atmosphere of work and study in which all employees and students of the ACE-SPED / University are treated with respect and dignity regardless of gender.
(iv) An effective anti-sexual harassment and responsive organizational framework is established by integrating objectives of the Anti-Sexual Harassment Policy into the University’s Strategic Plan.
(v) Steps are taken to prevent sexual harassment and sexual abuse at the ACE-SPED
(vi) Steps are taken to respond promptly and effectively to reports of sexual harassment and sexual abuse at the ACE-SPED.
(vii) Steps are taken to administer appropriate disciplinary measures when a violation is found to have occurred as provided by this policy.
(viii) All policies, statutes and regulations of the University are in compliance with the Anti-Sexual Harassment Policy.
5.2 The Centre Management and Governance
5.2.1 Office of the Vice-Chancellor
The Office of the Vice-Chancellor will take the lead role in ensuring compliance with the Sexual Harassment Policy and will be responsible for.
(i) Constituting the Anti-Sexual Harassment Committee established under this policy and appointing its chair through the ACE-SPED Director/Centre Leader.
(ii) Receiving reports of findings and recommendations of the Anti-Sexual Harassment Committee and following up on recommended actions through the ACE-SPED Director/ Centre Leader.
5.2.2. ACE-SPED Director/Center Leader
(i) Shall facilitate and support the Anti-Sexual Harassment Committee in the implementation of the Sexual Harassment Policy
(iv) An effective anti-sexual harassment and responsive organizational framework is established by integrating objectives of the Anti-Sexual Harassment Policy into the University’s Strategic Plan.
(v) Steps are taken to prevent sexual harassment and sexual abuse at the ACE-SPED
(vi) Steps are taken to respond promptly and effectively to reports of sexual harassment and sexual abuse at the ACE-SPED.
(vii) Steps are taken to administer appropriate disciplinary measures when a violation is found to have occurred as provided by this policy.
(viii) All policies, statutes and regulations of the University are in compliance with the Anti-Sexual Harassment Policy.
5.2 The Centre Management and Governance
5.2.1 Office of the Vice-Chancellor
The Office of the Vice-Chancellor will take the lead role in ensuring compliance with the Sexual Harassment Policy and will be responsible for.
(i) Constituting the Anti-Sexual Harassment Committee established under this policy and appointing its chair through the ACE-SPED Director/Centre Leader.
(ii) Receiving reports of findings and recommendations of the Anti-Sexual Harassment Committee and following up on recommended actions through the ACE-SPED Director/ Centre Leader.
5.2.2. ACE-SPED Director/Center Leader
(i) Shall facilitate and support the Anti-Sexual Harassment Committee in the implementation of the Sexual Harassment Policy
(ii) Establish a well-equipped sexual harassment crisis and counselling unit to support ACE-SPED staff and students who have been victims of sexual harassment or assault cases.
5.3 Anti-Sexual Harassment Committee
(i) Membership
The Committee shall be composed of seven (7) persons nominated from among members of the Center Management and Governance / University community, comprising employees and students drawn from the list set out in Appendix II of the Policy. There shall be gender parity in the
composition of the Committee. Competent external members from the institution may also be nominated to serve on the Committee as ex-officio members, or to act as technical advisers.
(ii) Responsibilities
The Committee shall address sexual harassment and sexual abuse issues relating to the ACE-SPED community:
(a) Planning and managing the ACE-SPED’s sexual harassment education and training programs. These programs should include wide dissemination of this policy to the ACE-SPED community; providing educational materials to promote compliance with the policy and familiarity with local reporting procedures; and training of other ACE-SPED personnel who may be responsible for responding to informal reports of sexual harassment.
(b) Maintaining records of reports of sexual harassment and actions taken in response to
reports.
(c) Preparing and submitting an annual report to the Director/Center Leader who then forwards
to the Vice Chancellor and/or the University Council on its work.
(d) Dealing with specific complaints of sexual harassment as an investigative body.
(e) Delineating and designing appropriate sanctions or disciplinary measures to be applied to
persons who violate this Policy.
(iii) Leadership
5.3 Anti-Sexual Harassment Committee
(i) Membership
The Committee shall be composed of seven (7) persons nominated from among members of the Center Management and Governance / University community, comprising employees and students drawn from the list set out in Appendix II of the Policy. There shall be gender parity in the
composition of the Committee. Competent external members from the institution may also be nominated to serve on the Committee as ex-officio members, or to act as technical advisers.
(ii) Responsibilities
The Committee shall address sexual harassment and sexual abuse issues relating to the ACE-SPED community:
(a) Planning and managing the ACE-SPED’s sexual harassment education and training programs. These programs should include wide dissemination of this policy to the ACE-SPED community; providing educational materials to promote compliance with the policy and familiarity with local reporting procedures; and training of other ACE-SPED personnel who may be responsible for responding to informal reports of sexual harassment.
(b) Maintaining records of reports of sexual harassment and actions taken in response to
reports.
(c) Preparing and submitting an annual report to the Director/Center Leader who then forwards
to the Vice Chancellor and/or the University Council on its work.
(d) Dealing with specific complaints of sexual harassment as an investigative body.
(e) Delineating and designing appropriate sanctions or disciplinary measures to be applied to
persons who violate this Policy.
(iii) Leadership
(a) The Vice-Chancellor through the Center Leader shall appoint a Chair, of the Committee. The Committee at its first meeting will appoint a Vice-Chair and Secretary from among its members. The Vice-Chair shall act in the absence of the Chair and the Secretary shall ensure that all records of the Committee’s meetings and proceedings are properly taken and documented.
(b) The Chairperson shall be instrumental in summoning meetings, initiating enquiry processes and ensuring the integrity of all proceedings relating to investigation of grievances.
(c) An adjudication committee, made up of any three members of the Anti-Sexual Harassment Committee, including a lawyer, will be selected by the Anti-Sexual Harassment Committee, to adjudicate cases on its behalf. There shall be gender parity in the composition of the
adjudication committee.
(iv) Qualities
All members of the Committee shall have high credibility, gender sensitivity and technical competency to handle grievance procedures.
(v) Term of office
Members of the Committee shall serve for a term of two years, after which they can be nominated to serve for a further two-year term.
(vi) Review of Policy This Policy shall be reviewed periodically by the Anti-Sexual Harassment Committee and other relevant stakeholders of the ACE-SPED community, at the instance of the University and/or ACE-SPED leadership
6. Formal Reporting of Violation/Complaint Mechanism and Investigation
6.1 Procedure
Every case of abuse must be reported immediately or at worst within one week, to the Anti-Sexual Harassment Committee of ACE-SPED in writing. Full, accurate and unexaggerated details of the incidence must be provided in the complaint letter with supporting evidence, if any. Anonymous
complaints are highly discouraged since it will be difficult to conduct an objective investigation into such allegations. ACE-SPED frowns at any attempt by anyone to entrap, blackmail or falsely accuse an ACE-SPED staff, students or partners to gain undue advantage. An accused staff
member who belongs to the Anti-Sexual Harassment Committee shall recuse himself/herself from the investigation. Anti-Sexual Harassment Committee members who are related to the accused staff shall not take part in the investigation and decisions arising therefrom. The Chairperson Anti-Sexual Harassment Committee shall acknowledge receipt of the complaint in writing within oneweek he/she is in receipt of such. If the aggrieved victim does not receive such acknowledgementwithin the stipulated time, he/she should send a reminder. The chairperson shall convene Anti-
Sexual Harassment Committee meeting to constitute a panel of enquiry within two weeks of receiving such complaint. The panel of enquiry shall submit their report within two months of its constitution. The panel of enquiry must provide a conducive atmosphere for both the accused and
the aggrieved persons to present their sides of the story. Under no circumstance should the panel of enquiry intimidate an aggrieved person or a witness in an attempt to foster comradery. Final decision on the complaint shall be taken by the Centre Management and Governance board after
studying the report submitted by the Anti-Sexual Harassment Committee.
6.2 Rights of the Complainant
Any member of the ACE-SPED community who believes that he or she has been subjected to sexual harassment in violation of this Policy is urged to pursue the matter and utilize the procedures described under this Policy for redress. The complainant will not be reprimanded, retaliated
against, or discriminated against in any way for initiating an inquiry or complaint in good faith.
6.3 Rights of the Respondent
A person against whom a complaint is lodged shall be presumed innocent of that charge unless and until there is a final finding of culpability by the Committee or a stipulated admission to the charge by that person.
6.4 Right to Representation
(b) The Chairperson shall be instrumental in summoning meetings, initiating enquiry processes and ensuring the integrity of all proceedings relating to investigation of grievances.
(c) An adjudication committee, made up of any three members of the Anti-Sexual Harassment Committee, including a lawyer, will be selected by the Anti-Sexual Harassment Committee, to adjudicate cases on its behalf. There shall be gender parity in the composition of the
adjudication committee.
(iv) Qualities
All members of the Committee shall have high credibility, gender sensitivity and technical competency to handle grievance procedures.
(v) Term of office
Members of the Committee shall serve for a term of two years, after which they can be nominated to serve for a further two-year term.
(vi) Review of Policy This Policy shall be reviewed periodically by the Anti-Sexual Harassment Committee and other relevant stakeholders of the ACE-SPED community, at the instance of the University and/or ACE-SPED leadership
6. Formal Reporting of Violation/Complaint Mechanism and Investigation
6.1 Procedure
Every case of abuse must be reported immediately or at worst within one week, to the Anti-Sexual Harassment Committee of ACE-SPED in writing. Full, accurate and unexaggerated details of the incidence must be provided in the complaint letter with supporting evidence, if any. Anonymous
complaints are highly discouraged since it will be difficult to conduct an objective investigation into such allegations. ACE-SPED frowns at any attempt by anyone to entrap, blackmail or falsely accuse an ACE-SPED staff, students or partners to gain undue advantage. An accused staff
member who belongs to the Anti-Sexual Harassment Committee shall recuse himself/herself from the investigation. Anti-Sexual Harassment Committee members who are related to the accused staff shall not take part in the investigation and decisions arising therefrom. The Chairperson Anti-Sexual Harassment Committee shall acknowledge receipt of the complaint in writing within oneweek he/she is in receipt of such. If the aggrieved victim does not receive such acknowledgementwithin the stipulated time, he/she should send a reminder. The chairperson shall convene Anti-
Sexual Harassment Committee meeting to constitute a panel of enquiry within two weeks of receiving such complaint. The panel of enquiry shall submit their report within two months of its constitution. The panel of enquiry must provide a conducive atmosphere for both the accused and
the aggrieved persons to present their sides of the story. Under no circumstance should the panel of enquiry intimidate an aggrieved person or a witness in an attempt to foster comradery. Final decision on the complaint shall be taken by the Centre Management and Governance board after
studying the report submitted by the Anti-Sexual Harassment Committee.
6.2 Rights of the Complainant
Any member of the ACE-SPED community who believes that he or she has been subjected to sexual harassment in violation of this Policy is urged to pursue the matter and utilize the procedures described under this Policy for redress. The complainant will not be reprimanded, retaliated
against, or discriminated against in any way for initiating an inquiry or complaint in good faith.
6.3 Rights of the Respondent
A person against whom a complaint is lodged shall be presumed innocent of that charge unless and until there is a final finding of culpability by the Committee or a stipulated admission to the charge by that person.
6.4 Right to Representation
A complainant and a respondent in a sexual harassment or sexual abuse matter have the right to representation by a legal counsel.
6.5 False Representations
Individuals, who make reports that are later found to have been intentionally false or made maliciously without regard for truth, will be subject to disciplinary action.
7. Sanctions against Verified Cases of Abuse / Sexual Harassment
The cases previously listed are categorized as follows for the purposes of administering appropriate prohibitive/disciplinary measures
Class A Offence
i. Rape
ii. Sexual relationship with a student in return for favours in matters relating to ACE-SPED
iii. Sexual relationship with a student or junior staff built on intimidation and threat of punishment
iv. Frustrating a student with the intent to make him/her sexually vulnerable
v. Distribution/dissemination of an individual’s indecent picture or video
vi. Sexual entrapment
Class B Offence
i. Attempt to have sexual relationship with a student in return for marks
ii. Sexual advances toward a student with promise to protect the interests of such student in ACE-SPED related matters
iii. Sexual advances toward a student with threat of punishment if declined
iv. Use of sexually abusive language on a student
v. Request for nude or indecent pictures of a student
Class C Offence
i. Deliberate and repeated glances at the sensitive body parts of a student with intent to seduce
ii. Sending of suggestive messages using SMS, emails, WhatsApp or any other form of electronic media
iii. Unguarded remark about the body of a student
iv. Passive antagonism against a student for refusing sexual advances. When a complaint has been investigated and verified to be true, the following sanctions shall be dispensed on the erring person.
Sanctions for Class A Offence
(i) Staff of ACE-SPED found guilty of Class A offence shall be suspended indefinitely pending the determination of the case in proper court of law with jurisdiction to hear the matter. It will be the duty of ACE-SPED Centre Management and Governance board to refer the case to the government for prosecution. If the accused person is found guilty by the court, he/she shall be dismissed by ACE-SPED with immediate effect. If not found guilty, the staff shall be fully re-instated with all salary arrears paid in full.
(ii) A student of ACE-SPED found guilty of Class A offence stall be dismissed from ACE-SPED.
(iii) A staff of an ACE-SPED partner or persons acting on behalf of the partner in matters or activities relating to ACE-SPED found guilty of Class A offence shall be investigated by the Anti Sexual Harassment Committee set up by ACE-SPED and the full report forwarded to the industry partner for appropriate sanctions.
Sanctions for Class B Offence
(i) Staff of ACE-SPED found guilty of class B offence shall be suspended for three months with the full report of the investigation stored in file of the staff. Thereafter, he/she shall be reinstated with a stern letter of warning. A second offence shall result in the disengagement of the concerned staff. Such a staff will not at any future time be re-engaged by ACE-SPED whether on long-term, short-term, contract, adjunct or any other basis or guise.
(ii) A masters or Ph.D student of ACE-SPED found guilty of Class B offence shall be suspended for one semester. This will invariably result in the elongation of graduation by one semester. A person on short course, benchwork or skill acquisition programme at ACE-SPED found guilty of Class B offence shall be dismissed immediately form ACE-SPED
6.5 False Representations
Individuals, who make reports that are later found to have been intentionally false or made maliciously without regard for truth, will be subject to disciplinary action.
7. Sanctions against Verified Cases of Abuse / Sexual Harassment
The cases previously listed are categorized as follows for the purposes of administering appropriate prohibitive/disciplinary measures
Class A Offence
i. Rape
ii. Sexual relationship with a student in return for favours in matters relating to ACE-SPED
iii. Sexual relationship with a student or junior staff built on intimidation and threat of punishment
iv. Frustrating a student with the intent to make him/her sexually vulnerable
v. Distribution/dissemination of an individual’s indecent picture or video
vi. Sexual entrapment
Class B Offence
i. Attempt to have sexual relationship with a student in return for marks
ii. Sexual advances toward a student with promise to protect the interests of such student in ACE-SPED related matters
iii. Sexual advances toward a student with threat of punishment if declined
iv. Use of sexually abusive language on a student
v. Request for nude or indecent pictures of a student
vi. Deliberate physical contact with or touching of a student with the intent to humiliate or extract sexual pleasure.
Class C Offence
i. Deliberate and repeated glances at the sensitive body parts of a student with intent to seduce
ii. Sending of suggestive messages using SMS, emails, WhatsApp or any other form of electronic media
iii. Unguarded remark about the body of a student
iv. Passive antagonism against a student for refusing sexual advances. When a complaint has been investigated and verified to be true, the following sanctions shall be dispensed on the erring person.
Sanctions for Class A Offence
(i) Staff of ACE-SPED found guilty of Class A offence shall be suspended indefinitely pending the determination of the case in proper court of law with jurisdiction to hear the matter. It will be the duty of ACE-SPED Centre Management and Governance board to refer the case to the government for prosecution. If the accused person is found guilty by the court, he/she shall be dismissed by ACE-SPED with immediate effect. If not found guilty, the staff shall be fully re-instated with all salary arrears paid in full.
(ii) A student of ACE-SPED found guilty of Class A offence stall be dismissed from ACE-SPED.
(iii) A staff of an ACE-SPED partner or persons acting on behalf of the partner in matters or activities relating to ACE-SPED found guilty of Class A offence shall be investigated by the Anti Sexual Harassment Committee set up by ACE-SPED and the full report forwarded to the industry partner for appropriate sanctions.
Sanctions for Class B Offence
(i) Staff of ACE-SPED found guilty of class B offence shall be suspended for three months with the full report of the investigation stored in file of the staff. Thereafter, he/she shall be reinstated with a stern letter of warning. A second offence shall result in the disengagement of the concerned staff. Such a staff will not at any future time be re-engaged by ACE-SPED whether on long-term, short-term, contract, adjunct or any other basis or guise.
(ii) A masters or Ph.D student of ACE-SPED found guilty of Class B offence shall be suspended for one semester. This will invariably result in the elongation of graduation by one semester. A person on short course, benchwork or skill acquisition programme at ACE-SPED found guilty of Class B offence shall be dismissed immediately form ACE-SPED
(iii) A staff of an ACE-SPED partner or persons acting on behalf of the partner in matters or activities relating to ACE-SPED found guilty of Class B offence shall be investigated by a panel of enquiry set up by ACE-SPED and the full report forwarded to the industry partner for appropriate sanctions.
Sanctions for Class C Offence
(i) Staff of ACE-SPED found guilty of class C offence shall be suspended for one month with the full report of the investigation stored in file of the staff. Thereafter, he/she shall be reinstated with a stern letter of warning. A second offence shall result in the disengagement of the concerned staff. Such a staff will not at any future time be re-engaged by ACE-SPED whether on long-term, short-term, contract, adjunct or any other basis or guise.
(ii) A student of ACE-SPED found guilty of Class C offence shall be issued a stern warning letter. A repeat of such offence will result in dismissal.
(iii) A staff of an ACE-SPED partner or persons acting on behalf of the partner in matters or activities relating to ACE-SPED found guilty of Class C offence shall be investigated and the full report forwarded to the industry partner for appropriate
sanctions.
A Case of False or Falsified Report
If a report is investigated and found to be false beyond every reasonable doubt, the complainant shall be meted with exact same sanctions specified for persons found guilty of abuse/sexual harassment according to the category of abuse/harassment reported.
8. Prevention / awareness
i. Preventive actions should be taken as a priority to deter or stop harassment and to ensure that it does not develop further.
ii. The anti-harassment policy shall be widely publicized to all employees, including through training, without charge to all members of the ACE-SPED /University community. It shall be displayed at conspicuous places in all faculties, departments, lecture halls and other public areas as far as possible. It shall also be made available to newly recruited staff of the ACE-SPED and newly admitted students.
iii. All members of the Anti-Sexual Harassment Committee shall receive appropriate training about sexual harassment and sexual abuse and how to apply this Policy and the grievance procedures as to discharge their duties in an efficient and sensitive manner. In addition, managerial training will include modules on harassment and conflict prevention and resolution.
9. Follow up and monitoring
i. Once a complaint has been resolved, the Center Leader, Deputy Center Leader, as well as other staff with supervisory functions, are responsible for ensuring that corrective action following resolution is taken and implemented.
ii. Supervisors concerned will monitor the situation closely to ensure that all parties make the transition back to work as smoothly and quickly as possible. Supervisors may resort to professional counselling, coaching, mentoring etc. to assist the complainant and the offender to deal with the outcome of the process. Supervisors will also monitor their work environment to ensure that the improper behaviour is not repeated.
10. Special provision – confidentiality
The harassment complaint procedure, including written and oral communications related to it, shall be strictly confidential at all stages. All Committee members, employees and other persons who are aware of the harassment complaint, or involved in its resolution, must respect the sensitivity as well as the strict confidentiality of the matter. They must not discuss the complaint with third parties. Breach of confidentiality shall not be tolerated and shall be sanctioned severely. All information and documentation concerning the complaint will be treated as strictly confidential and kept by the Ethics
11. Reporting and evaluation
The Anti-Sexual Harassment Committee shall report every year to the Center Leader on anti-harassment issues, providing information on the number of complaints, their nature, the outcome of mediation or of investigation, and any disciplinary actions taken. A summary report (with the number of cases and the type of outcome) shall be shared with the World bank staff every year.
8. Prevention / awareness
i. Preventive actions should be taken as a priority to deter or stop harassment and to ensure that it does not develop further.
ii. The anti-harassment policy shall be widely publicized to all employees, including through training, without charge to all members of the ACE-SPED /University community. It shall be displayed at conspicuous places in all faculties, departments, lecture halls and other public areas as far as possible. It shall also be made available to newly recruited staff of the ACE-SPED and newly admitted students.
iii. All members of the Anti-Sexual Harassment Committee shall receive appropriate training about sexual harassment and sexual abuse and how to apply this Policy and the grievance procedures as to discharge their duties in an efficient and sensitive manner. In addition, managerial training will include modules on harassment and conflict prevention and resolution.
9. Follow up and monitoring
i. Once a complaint has been resolved, the Center Leader, Deputy Center Leader, as well as other staff with supervisory functions, are responsible for ensuring that corrective action following resolution is taken and implemented.
ii. Supervisors concerned will monitor the situation closely to ensure that all parties make the transition back to work as smoothly and quickly as possible. Supervisors may resort to professional counselling, coaching, mentoring etc. to assist the complainant and the offender to deal with the outcome of the process. Supervisors will also monitor their work environment to ensure that the improper behaviour is not repeated.
10. Special provision – confidentiality
The harassment complaint procedure, including written and oral communications related to it, shall be strictly confidential at all stages. All Committee members, employees and other persons who are aware of the harassment complaint, or involved in its resolution, must respect the sensitivity as well as the strict confidentiality of the matter. They must not discuss the complaint with third parties. Breach of confidentiality shall not be tolerated and shall be sanctioned severely. All information and documentation concerning the complaint will be treated as strictly confidential and kept by the Ethics
11. Reporting and evaluation
The Anti-Sexual Harassment Committee shall report every year to the Center Leader on anti-harassment issues, providing information on the number of complaints, their nature, the outcome of mediation or of investigation, and any disciplinary actions taken. A summary report (with the number of cases and the type of outcome) shall be shared with the World bank staff every year.
13. Annexes –
ANNEX I: COMPOSITION OF ANTI-SEXUAL HARASSMENT COMMITTEE
1. Representative of the Law Faculty (with a Human Rights/Administrative Law bias).
2. Representative of the Counselling and Placement Centre
3. Representative of the Graduate Students Association
4. Representative of Faculty
5. Representative of .........
6. The Legal Counsel of the University
7. Representative of ....
ANNEX III: GRIEVANCE PROCEDURES
The following guidelines shall apply in handling sexual harassment complaints
ANNEX I: COMPOSITION OF ANTI-SEXUAL HARASSMENT COMMITTEE
1. Representative of the Law Faculty (with a Human Rights/Administrative Law bias).
2. Representative of the Counselling and Placement Centre
3. Representative of the Graduate Students Association
4. Representative of Faculty
5. Representative of .........
6. The Legal Counsel of the University
7. Representative of ....
ANNEX III: GRIEVANCE PROCEDURES
The following guidelines shall apply in handling sexual harassment complaints
(i) Informal approach to dealing with sexual harassment where a member of the ACE-SPED Community feels that he or she is being or has been sexually harassed, such a member may attempt to resolve the matter directly with the alleged offender by advising that the sexually harassing
behaviour is unwelcome, must be stopped, or must not occur again.
b. A Complainant may choose to ask another person whom he or she trusts to intervene on their behalf. The person who is asked to intervene may provide advice or counselling to the parties involved. This shall be on a strictly confidential basis and only on the specific request of the
Complainant.
c. A Complainant may request through the Committee, that an attempt be made to resolve a sexual harassment matter through mediation. If such a request is made, the Committee member receiving the complaint shall determine whether the Respondent is willing to engage in mediation, and, if
so, a mediator shall be selected by mutual agreement of the Complainant and the Respondent. The role of the mediator is to facilitate discussion and to suggest alternative resolutions. The mediator does not investigate the complaint or assign blame. The mediator shall report the outcome of the process to the Committee member receiving the complaint. If the matter cannot be resolved, the Committee member shall advise the Complainant to file a formal complaint before the Committee.
d. In cases of sexual harassment or sexual abuse that are considered severe or extreme, such as attempted rape, rape, sexual battery, sexual assault with a weapon, non-consensual anal copulation and the like, a Complainant shall be counselled to report to the Police and launch a formal
complaint before the Committee instead of utilizing the informal approach.
e. If a complainant chooses not to use the informal approach to deal with sexual harassment, this shall not be used against him or her or affect the merits of the case when a formal complaint is launched.
(ii) Formal Approach: Launching and Receiving Formal Complaints
a. A member of the University community who is being or has been sexually harassed, or is dissatisfied with the outcome of the informal approach shall make a formal complaint to the Committee for redress.
procedure.
c. The purpose of the discussion is to inform and educate the Complainant. The Committee member at this stage shall not dissuade the Complainant from filing the written complaint.
d. The Complainant shall put his/her complaint in writing and lodge it with the Committee. In the case of a Complainant being unable to write, the Committee shall assist him or her to write the complaint. The written complaint shall be read out and explained in the language he/she
understands after which he/she will sign or thumbprint.
e. The written statement shall give details of the alleged harassing behaviour, and if possible, give details of dates, places and names of those connected with the incidents.
f. The Committee shall notify the Respondent about the matter, and request that he or she files a written statement in response to the allegations within seven days. In the case of the Respondent’s inability to write, the process in sub-section (d) will apply.
g. The Committee shall conduct verbal hearings with the Complainant and the Respondent and their representatives if available. All proceedings shall be recorded.
h. The Complainant shall be heard first in the presence of the Respondent. The Respondent may Cross-Question the Complainant before the Committee. The Respondent may then be requested to make his oral statement to state his/her side of the matter.
i. The Committee may take testimonies of other relevant persons and witnesses where available and review the evidence.
j. The Committee may conduct its own investigations into the matter, apart from considering the written and verbal testimonies of the parties.
k. A decision will be taken after careful review of the circumstances, evidence adduced, statements and all other relevant information before the Committee.
m. Where a Respondent is found to have engaged in the sexual harassment behaviour, the appropriate sanctions shall apply.
(iii) Other Relevant Considerations for the Work of the Committee.
(a) Evidence
The following may be considered as evidence during the hearing of the matter.
• Written detailed account of the Complainant and the Respondent Witness statements (if any)
• Statements of persons with whom the Complainant might have discussed the incident, or from whom advice may have been sought
• Any other documentary, audio, video, e-mails, phone texts, etc. Expert technical advice may be sought for such submissions.
• In appropriate cases, the determination of a sexual harassment case may be based solely on the credibility of the Complainant’s allegation if it is sufficiently detailed and internally consistent.
• Medical evidence, including DNA, if appropriate.
(b) Withdrawal of a Filed Complaint
A Complainant may withdraw a case filed before the Committee any time after filing and during the process of the investigation. In such a case the complainant shall state in writing the reasons for withdrawal of the complaint and append his/her signature to the statement.
(c) Refusal of Respondent to Respond to Notice of Filed Complaint or to Participate in Enquiry
The Committee may go ahead and investigate a complaint even where a Respondent refuses to respond to the allegations or participate in the enquiry process.
If a complaint is made against a member of the Committee, he or she shall not be part of any of the processes of the Committee relating to the investigation of complaint.
(e) Record of Proceedings
The Committee’s record of proceedings on a particular matter shall give details of the enquiry. This includes a statement of the allegations and issues, the positions of the parties, a summary of the evidence, findings of fact, and a determination by the Committee as to whether the ACE-SPED
/ University policy has been violated. The record shall also contain the sanctions given, where applicable. Other recommendations made to the parties for actions to restore or improve the relationship between the parties where no finding of guilt is made against the Respondent may be
included. The record may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions.
(f) Decision-making
The investigation procedure shall be completed as promptly as possible and in most cases within 60 working days of the date the request for formal investigation was filed.
(g) Sanctions
The Committee shall apply the appropriate sanctions or punitive measures where a Respondent has been found to have engaged in the sexual harassing behaviour. These sanctions include but are not limited to formal apology, leave without pay, suspension, demotions, dismissals and transfers and shall be applied on a case-by-case basis. In serious and repeat cases, the Respondent should be dismissed. These sanctions shall not operate to prejudice criminal action in the case of serious offences tantamount to crime under the laws of Nigeria.
(h) Appeal
If the Complainant or Respondent is aggrieved with the outcome of the investigations and/or the decision of the Committee, he or she shall have a right of appeal to the ACE-SPED Center Management and Governance / University of Nigeria, Nsukka Appeals Board if the appeal is lodged within seven days after the determination of the matter. The Board shall hear and determine the appeal in accordance with the Statutes of the ACE-SPED / University.
i} Non-retaliation
During the process of investigation of a matter, retaliation from either party shall be strictly monitored by the Committee. An individual who is subjected to retaliation such as threats, intimidation, reprisals, or adverse employment or educational actions for having made a report of sexual harassment in good faith, or who assisted someone with a report of sexual harassment, or who participated in any manner in an investigation or resolution of a report of sexual harassment, may make a report of retaliation under these procedures. The report of retaliation shall be treated
as a report of sexual harassment and will be subject to the same procedures.
ii} Confidentiality
The Committee shall maintain confidentiality of all matters reported to it and of the proceedings. Parties in an investigation, including their representatives shall be advised that maintaining confidentiality is essential to protect the integrity of the investigation.
k) Referral for Counselling or other Psycho-social Support
In appropriate cases, the Committee may request that either party to the case seeks counselling or support from designated institution or personnel. The Committee may, at the request of a party to the matter, refer that party to the appropriate institution or personnel for counselling or other psycho-social support.
behaviour is unwelcome, must be stopped, or must not occur again.
b. A Complainant may choose to ask another person whom he or she trusts to intervene on their behalf. The person who is asked to intervene may provide advice or counselling to the parties involved. This shall be on a strictly confidential basis and only on the specific request of the
Complainant.
c. A Complainant may request through the Committee, that an attempt be made to resolve a sexual harassment matter through mediation. If such a request is made, the Committee member receiving the complaint shall determine whether the Respondent is willing to engage in mediation, and, if
so, a mediator shall be selected by mutual agreement of the Complainant and the Respondent. The role of the mediator is to facilitate discussion and to suggest alternative resolutions. The mediator does not investigate the complaint or assign blame. The mediator shall report the outcome of the process to the Committee member receiving the complaint. If the matter cannot be resolved, the Committee member shall advise the Complainant to file a formal complaint before the Committee.
d. In cases of sexual harassment or sexual abuse that are considered severe or extreme, such as attempted rape, rape, sexual battery, sexual assault with a weapon, non-consensual anal copulation and the like, a Complainant shall be counselled to report to the Police and launch a formal
complaint before the Committee instead of utilizing the informal approach.
e. If a complainant chooses not to use the informal approach to deal with sexual harassment, this shall not be used against him or her or affect the merits of the case when a formal complaint is launched.
(ii) Formal Approach: Launching and Receiving Formal Complaints
a. A member of the University community who is being or has been sexually harassed, or is dissatisfied with the outcome of the informal approach shall make a formal complaint to the Committee for redress.
b. The Complainant shall present his/her grievance orally to the Committee member designated to receive formal complaints. The Committee member shall listen to the complaint and discuss all options with the Complainant as well as explain the processes involved in the formal grievance
procedure.
c. The purpose of the discussion is to inform and educate the Complainant. The Committee member at this stage shall not dissuade the Complainant from filing the written complaint.
d. The Complainant shall put his/her complaint in writing and lodge it with the Committee. In the case of a Complainant being unable to write, the Committee shall assist him or her to write the complaint. The written complaint shall be read out and explained in the language he/she
understands after which he/she will sign or thumbprint.
e. The written statement shall give details of the alleged harassing behaviour, and if possible, give details of dates, places and names of those connected with the incidents.
f. The Committee shall notify the Respondent about the matter, and request that he or she files a written statement in response to the allegations within seven days. In the case of the Respondent’s inability to write, the process in sub-section (d) will apply.
g. The Committee shall conduct verbal hearings with the Complainant and the Respondent and their representatives if available. All proceedings shall be recorded.
h. The Complainant shall be heard first in the presence of the Respondent. The Respondent may Cross-Question the Complainant before the Committee. The Respondent may then be requested to make his oral statement to state his/her side of the matter.
i. The Committee may take testimonies of other relevant persons and witnesses where available and review the evidence.
j. The Committee may conduct its own investigations into the matter, apart from considering the written and verbal testimonies of the parties.
k. A decision will be taken after careful review of the circumstances, evidence adduced, statements and all other relevant information before the Committee.
l. Any dissenting opinion among the Committee members shall be recorded together with the reasons for the dissent.
m. Where a Respondent is found to have engaged in the sexual harassment behaviour, the appropriate sanctions shall apply.
(iii) Other Relevant Considerations for the Work of the Committee.
(a) Evidence
The following may be considered as evidence during the hearing of the matter.
• Written detailed account of the Complainant and the Respondent Witness statements (if any)
• Statements of persons with whom the Complainant might have discussed the incident, or from whom advice may have been sought
• Any other documentary, audio, video, e-mails, phone texts, etc. Expert technical advice may be sought for such submissions.
• In appropriate cases, the determination of a sexual harassment case may be based solely on the credibility of the Complainant’s allegation if it is sufficiently detailed and internally consistent.
• Medical evidence, including DNA, if appropriate.
(b) Withdrawal of a Filed Complaint
A Complainant may withdraw a case filed before the Committee any time after filing and during the process of the investigation. In such a case the complainant shall state in writing the reasons for withdrawal of the complaint and append his/her signature to the statement.
(c) Refusal of Respondent to Respond to Notice of Filed Complaint or to Participate in Enquiry
The Committee may go ahead and investigate a complaint even where a Respondent refuses to respond to the allegations or participate in the enquiry process.
(d) Complaints against a Member of the Committee
If a complaint is made against a member of the Committee, he or she shall not be part of any of the processes of the Committee relating to the investigation of complaint.
(e) Record of Proceedings
The Committee’s record of proceedings on a particular matter shall give details of the enquiry. This includes a statement of the allegations and issues, the positions of the parties, a summary of the evidence, findings of fact, and a determination by the Committee as to whether the ACE-SPED
/ University policy has been violated. The record shall also contain the sanctions given, where applicable. Other recommendations made to the parties for actions to restore or improve the relationship between the parties where no finding of guilt is made against the Respondent may be
included. The record may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions.
(f) Decision-making
The investigation procedure shall be completed as promptly as possible and in most cases within 60 working days of the date the request for formal investigation was filed.
(g) Sanctions
The Committee shall apply the appropriate sanctions or punitive measures where a Respondent has been found to have engaged in the sexual harassing behaviour. These sanctions include but are not limited to formal apology, leave without pay, suspension, demotions, dismissals and transfers and shall be applied on a case-by-case basis. In serious and repeat cases, the Respondent should be dismissed. These sanctions shall not operate to prejudice criminal action in the case of serious offences tantamount to crime under the laws of Nigeria.
(h) Appeal
If the Complainant or Respondent is aggrieved with the outcome of the investigations and/or the decision of the Committee, he or she shall have a right of appeal to the ACE-SPED Center Management and Governance / University of Nigeria, Nsukka Appeals Board if the appeal is lodged within seven days after the determination of the matter. The Board shall hear and determine the appeal in accordance with the Statutes of the ACE-SPED / University.
i} Non-retaliation
During the process of investigation of a matter, retaliation from either party shall be strictly monitored by the Committee. An individual who is subjected to retaliation such as threats, intimidation, reprisals, or adverse employment or educational actions for having made a report of sexual harassment in good faith, or who assisted someone with a report of sexual harassment, or who participated in any manner in an investigation or resolution of a report of sexual harassment, may make a report of retaliation under these procedures. The report of retaliation shall be treated
as a report of sexual harassment and will be subject to the same procedures.
ii} Confidentiality
The Committee shall maintain confidentiality of all matters reported to it and of the proceedings. Parties in an investigation, including their representatives shall be advised that maintaining confidentiality is essential to protect the integrity of the investigation.
k) Referral for Counselling or other Psycho-social Support
In appropriate cases, the Committee may request that either party to the case seeks counselling or support from designated institution or personnel. The Committee may, at the request of a party to the matter, refer that party to the appropriate institution or personnel for counselling or other psycho-social support.