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Conflict and harassment

Like other human relationships, work relationships in an academic environment are complex and can sometimes involve conflict. The academic environment is no exception, and the vulnerabilities that are the LIVES NCCR's subject of research are not necessarily confined to the populations studied. LIVES employees can also be affected.

 

Knowing this, LIVES encourages anyone involved in a difficult work or study situation to try to use dialog and mediation to arrive at a solution before the conflict escalates.

LIVES centers its conflict management policy on five axes:

  • Promoting a harmonious work and research environment within the center.
  • Making it easy to express problems and search for solutions at all levels of the LIVES NCCR's hierarchy.
  • Dealing with conflicts before they degenerate into personal attacks.
  • Cultivating an environment free of harassment — whether personal or sexual.
  • Protecting the dignity and integrity of LIVES members.

In case of problem, please do directly contact the people in charge of conflict management within your institution, or alternatively the Equality officer and/or the Doctoral Programme officer. They will answer your questions and advise you on the procedures.

For more information for LIVES members, please check the intranet.

Psychological harassment or bullying is the abuse of power over an employee with the intent to humiliate (WHO, 2004). It is characterized by various hostile statements and behaviors that are frequently repeated (at least once a week) over an extended period (at least six months). It involves one or more people who intend to unnerve, run down, isolate, marginalize or cut out one or more people at the workplace. (Art. 63 para. 1 of the University of Geneva Staff Regulations).

The following situations involve typical psychological harassment behavior: unjust criticism and smears, ridicule and humiliation, assignment of tasks far below one's skill level, assignment of inappropriately demanding tasks, refusal to assign any task, shunning leading to isolation, attacks on privacy, etc. (Canton of Vaud employment department)

"Although it is separate from it, psychological harassment is almost always based on an unresolved conflict. This conflict may stem from differing points of view, rivalries, a struggle for influence, power seeking, etc. This is why it is necessary to react quickly to a conflict. The more time passes, the worse the environment will get, and the harder it will be to reestablish trust. If someone feels bullied or sexually harassed, or that they are living with in a situation of unresolved conflict, it is essential to keep precise records of all incidents and bullying: the initiator, date, time, place, facts, what was said, possible witnesses." (Portal for next-generation academics)

Employers are required to protect their employees' physical and psychological well-being. They must therefore take adequate, necessary measures to stop all harassment and discrimination (Art. 130 LPers). The Code of Obligations (Art. 328 para. 1) and Federal Labor Act (Art. 6, para. 1, and Art. 33) require the employer to take appropriate measures to protect employees' physical and psychological health. The Swiss Civil Code (Art. 28 et seq.) and the Code of Obligations (Art. 49) forbid behaviors that constitute personal attacks. The Federal Act on Equality between Men and Women (Art. 4) forbids sexual harassment at the workplace, as being a form of sexual discrimination. The Penal Code (Art. 193 and 198) punishes anyone who has been found guilty of sexual harassment.

Sexual harassment is discriminatory conduct that reflects a lack of respect and undermines the dignity of the person who is subjected to it. "Discriminatory conduct means any unwelcome behavior of a sexual nature or any gender-based behavior that undermines the dignity of a person at the workplace, particularly uttering threats, promising advantages, imposing constraints or placing pressure of any kind on a person for the purpose of obtaining sexual favors" (Federal Act on Equality between Men and Women, Art. 4).

This discriminatory behavior can be words, gestures or acts, such as: improper or embarrassing remarks about a colleague's physical appearance; sexist remarks or jokes about colleagues' sexual characteristics, behavior or orientation; improper invitations with sexual intent; unwanted physical contact; stalking a colleague inside or outside the company; approaches accompanied by promises of reward or threats of reprisal; sexual assault, sexual coercion, attempted rape or actual rape. ("Sexual harassment in the workplace - A guide for employe", BFGE).

How do I know if I'm a victim of bullying?

"According to Leymann's classic definition, behavior can be considered bullying when the following four characteristics are present:

  • Personal attacks: The person is directly attacked by one or more colleagues, one or more superiors, or one or more subordinates.
  • Frequent, sustained attacks: Acts hostile to the victim occur at least once a week for a period of six months or more.
  • The attacks cause illness, particularly stress: The victim suffers significant stress accompanied by psychosomatic problems."
  • The attacks place the person in a desperate and coercive situation. The situation seems dead-end. Whatever the person does, her colleagues and  superiors prove her wrong.

(taken from "Mobbing, description et aspects légaux", SECO, 2005)

The following situations involve typical psychological harassment behavior: unjust criticism and smears, ridicule and humiliation, assignment of tasks far below one's skill level, assignment of inappropriately demanding tasks, refusal to assign any task, shunning leading to isolation, attacks on privacy, etc. (Canton of Vaud employment department)

How do I know if I'm a victim of sexual harassment?

Sexual harassment is behavior resulting from a power relationship. It differs from seduction relationships, which are mutual. Here is a chart for telling whether behavior is harmless flirting, the start of a romantic or sexual relationship between colleagues, or conversely, a case of sexual harassment:

Flirting

  • develops mutually
  • is constructive and stimulating
  • is welcomed by both people
  • reinforces one's feeling of self-worth
  • is a source of joy
  • makes daily work enjoyable
  • respects personal limits

Sexual harassment

  • is initiated by only one person
  • is degrading, hurtful
  • is not welcomed by one of the people
  • undermines one's sense of self-worth
  • is irritating
  • poisons the work environment
  • violates personal limits

(taken from "Sexual harassment in the workplace - A guide for employe", BFGE.)