Abusive Conduct Policy

Last Updated: October 11, 2023

LSET is committed to having a positive learning and working environment for its students, faculty, and staff. All individuals have the right to enjoy an environment free from all forms of conduct that can be considered harassing, threatening, or intimidating. In addition, academic freedom can exist only when every person is free to pursue ideas in a non-threatening atmosphere of mutual respect. LSET is committed to protecting the academic freedom and freedom of expression of all members of the institute and this Policy against abusive conduct will be applied in a manner that protects those freedoms. Abusive conduct is reprehensible and threatening to the careers, educational experience, and wellbeing of all members of our community and will not be tolerated. This Policy applies to all students, faculty, and staff.

What Is Abusive Conduct?

Abusive conduct is behaviour that creates an intimidating environment and is likely to interfere with an individual’s work or education. This conduct can be verbal, visual, physical, or communicated in writing or electronically. Such conduct is typically directed against a particular individual or individuals. It includes, but is not limited to, situations where one person has authority over another. In such situations, abusive conduct is particularly serious because it may unfairly exploit the power inherent in a faculty member’s or supervisor’s position.

Examples of conduct that may be considered abusive include but are not limited to:

  • Threatening or intimidating behaviour or words (written or oral);
  • Obscenities/profanities (verbal or gestures) directed at a person;
  • Threatening or obscene gestures, jokes, or cartoons;
  • Degrading a person or a group based on a personal characteristic;
  • Taunting, jeering, mocking ( jeering also means mocking ), or humiliating another person through acts or words;
  • Screaming and/or yelling at or around others; insulting someone, especially in the presence of others;
  • Endangering the safety of self, individual or individuals

In considering a complaint under this policy, the following understandings shall apply:

  • Abusive conduct must be distinguished from behaviour which, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities.
  • Instructional responsibilities require appropriate latitude for pedagogical decisions concerning the topics discussed and methods used to draw students into discussion and full participation.

The fact that someone did not intend to be abusive is generally not considered a sufficient defense to a complaint, although the reasonableness of the accuser’s perceptions may be considered. In most cases, it is the characteristics and the effect of the behaviour on the complainant and whether a reasonable person would find the conduct abusive that determines whether the behaviour was abusive.

Reporting Abusive Behaviour

Who Can Report: Any student, faculty, or staff member who believes they have experienced or witnessed abusive behaviour.

How to Report: Reports can be made in person, via email, or through an online form available on the LSET website.

In Person: Report directly to the Human Resources Office or the principal instructor.

Email: Send a detailed account of the incident to support@lset.uk or hr@lset.uk.

Online Form: Fill out the Abusive Behaviour Reporting Form available on the LSET intranet.

Initial Response

Acknowledgment: The HR Office will acknowledge receipt of the complaint within 24 hours.

Interim Measures: If necessary, interim measures (such as changing class schedules or work assignments) will be implemented to protect the complainant.

Investigation Process

Investigation Team: An investigation team will be appointed, comprising members from HR, the legal department, and an impartial faculty member.

Timeline: The investigation will be completed within 10 business days of the report.

Confidentiality: All investigations will be conducted confidentially to protect the privacy of all parties involved.

Interviewing Parties

Complainant Interview: The complainant will be interviewed first to gather detailed information about the incident.

Witness Interviews: Any witnesses to the alleged abusive behaviour will be interviewed.

Accused Interview: The accused will be interviewed to provide their account of the incident.

Documentation

Record Keeping: All interviews and evidence collected will be documented and stored securely.

Evidence: Physical evidence (emails, texts, recordings) will be collected and reviewed.

Decision Making

Review of Evidence: The investigation team will review all evidence and interview transcripts.

Decision: A decision will be made based on the evidence. This will include whether the behavior constituted abuse and what sanctions are appropriate.

Notification: Both the complainant and the accused will be notified of the decision and any sanctions in writing.

Sanctions

Types of Sanctions: Sanctions may include, but are not limited to, oral or written reprimand, required sensitivity training, apology to the victim, loss of salary or benefits, demotion, suspension, probation, or termination.

Implementation: Sanctions will be implemented immediately upon decision.

Appeal Process

Right to Appeal: Both the complainant and the accused have the right to appeal the decision.

How to Appeal: Submit a written appeal to the HR Office within 5 business days of receiving the decision.

Appeal Review: An appeal committee will review the appeal and make a final decision within 10 business days.

Follow-Up

Monitoring: The HR Office will monitor the situation to ensure no retaliation occurs and that the abusive behaviour has ceased.

Support: Ongoing support will be provided to the complainant and accused, including counselling services if needed.

Training and Prevention

Regular Training: All students, faculty, and staff will undergo regular training on recognizing and reporting abusive behaviour.

Policy Review: The abusive conduct policy and procedures will be reviewed annually to ensure effectiveness and compliance with legal standards.

Possible Sanctions

Possible sanctions for a person found to exhibit abusive conduct include, but are not limited to, the following:
In many situations, the following examples of sanctions may be sufficient:
  • Oral or written reprimand;
  • Required attendance at a sensitivity program;
  • Apology to the victim;
  • Oral or written warning

In certain situations, the following sanctions may also need to be considered:

  • Loss of salary or benefit, such as sabbatical or research or travel funding;
  • Loss of non-salary benefits (i.e., travel funding);
  • Demotion; and suspension, probation, termination.

While counseling is not considered a sanction, it may be offered or required in combination with sanctions.