Complaints regulations for aberrant behaviour at Tilburg University

These Complaints Regulations for Aberrant Behaviour at Tilburg University implement the Code of Conduct for Aberrant Behaviour at Tilburg University, Art. 9.7.1 of the Collective Labour Agreement, and Art. 9.3 of the Student Statute. These regulations were adopted by the Executive Board in February 2001 in agreement with the Tilburg University Council and the Tilburg University's Local Consultation Commission. These regulations came into effect on 1 March 2001. The Complaints Regulations for Sexual Harassment at Tilburg University terminated on 1 March 2001.

Definitions

Article 1
In these regulations, aberrant behaviour is taken to mean:
Sexual harassment:
undesirable sexual advances such as requests for sexual favours or other verbal, non-verbal, or physical behaviour of a sexual nature. This includes unasked-for sending of pornographic images or texts or consulting such material in ways that are knowingly visible to others (for example, on the Internet).

Aggression and violence:
pestering, psychologically or physically harassing, intimidating, or attacking others.

Discrimination:
making utterances, performing acts, or taking decisions of any kind concerning persons that are offensive to these persons on account of their race, religion, sex, handicap, life principles, or sexual orientation, or making any distinction on the basis of these factors, in which aberrant behaviour is directly related to the performance of work or studies and in which one of the following circumstances is also involved:
- subjection to aberrant behaviour is used explicitly or implicitly as a condition for the employment of the persons concerned;
- subjection to, or rejection of, aberrant behaviour is used as a basis for decisions that affect the work or studies of the person concerned;
- the aim or the consequence of the aberrant behaviour is to harm the work or achievements of the person concerned and/or create an intimidating, hostile, or disagreeable working or studying atmosphere.
Article 2
In these regulations, terms are defined as follows:

complaint:
a complaint concerning aberrant behaviour, filed with the complaints committee;

complainant:
the employee, student, or visitor (male or female) who appeals to the complaints committee with a complaint concerning aberrant behaviour apropos him-or herself;

accused:
the employee, student, or visitor apropos whose behaviour a complaint concerning aberrant behaviour has been filed with the complaints committee;

employee:
he or she who is employed or carries out work at Tilburg University;

student:
he or she who is entitled to use the university's educational facilities at Tilburg University;

complaints committee:
the committee, set up by the Executive Board, which deals with complaints concerning aberrant behaviour;

complaints officer:
the complaints officers for aberrant behaviour appointed by the Executive Board;

Executive Board:
the Executive Board of Tilburg University.
Temporary arrangements

Article 3
Whether or not at the request of the complaints committee or a complaints officer, the Executive Board may at any time make temporary arrangements if, due to aberrant beaviour, an intolerable situation arises for one or more persons directly involved.
The complaints officers

Article 4
1. The Executive Board appoints a minimum of three complaints officers, including at least one male and one female and at least one member of the academic staff and one member of the support staff.
2. In the performance of his or her tasks, the complaints officer is exclusively accountable to the Executive Board.
Article 5
1. The tasks of the complaints officer include:
  1. functioning as the contact person for the complainant faced with abberrant behaviour;
  2. helping, counselling, and advising the complainant and, if necessary, referring the complainant to a professional;
  3. obtaining information that is required to gain a proper understanding of the complaint and options for a solution;
  4. advising and supporting the complainant in taking any possible further steps;
  5. filing a complaint with the complaints committee, if the complainant wishes to do so;
  6. giving information on aberrant behaviour;
  7. making an annual report;
  8. providing follow-up care to the complainant who faced aberrant behaviour.
2. The complaints officer will take no initiatives on behalf of the complainant except with the consent of the complainant involved.
3. The complaints officers have the option of informing the Executive Board about cases of aberrant behaviour they were told about, without a formal complaint having been filed with the complaints committee. The Executive Board is authorized to use this information in a procedure that may be started at a later point in time on the basis of the complaints regulations at issue.
Artice 6
1. The complaints officer has a duty of confidentiality concerning the facts he or she was told and that may harm the complainant's privacy. Deviations from this rule are only acceptable with the express permission of the complainant.
2. The complaints officer has the right to decline handling the case.
3. The provisions of paragraphs 1 and 2 are invalid if they are contravened by legal provisions.
4. The complaints officer will be provided with the facilities that are requisite for properly carrying out his or her task .
The complaints committee

Article 7
1. There is a complaints committee for aberrant behaviour. The committee consists of three members, one of whom is the chairperson. At least one of its three members is female.
2. The members are appointed by the Executive Board. The Board also appoints a deputy member for each member. Appointments have a two-year duration. At the end of this term, members are immediately eligible for reappointment.
3. The committee is supported by an official secretary, who is appointed by the Executive Board.
The complaints procedure

Article 8
1. The complaint must be filed with the official secretary of the complaints committee. A complaint must be filed on time, that is, within five years after the abberrant behaviour took place.
2. The complaint must be filed in an envelope marked "Confidential and Personal", addressed to the official secretary, and must state at least:
  - a concise and factual description of the abberrant behaviour;
  - the names of the accused and the complainant;
  - steps, if any, that were taken in the matter by the complainant and the documents related to these. These documents are handed over to the complaints committee.
3. The complaint may, but need not, be filed after consultation with the complaints officer.
4. If the requirements mentioned in paragraph 2 have not been met, the complainant is given the opportunity to redress any omissions within a two-week term. The treatment period as described in 9.4 will then be extended by two weeks.
5. Anonymous complaints will not be dealt with. If the complaints committee should at any time establish that a complaint is unfounded and was apparently filed on grounds of the complainant's malevolence towards the accused, the committee will inform the Executive Board forthwith of its findings.
6. Upon receipt of the complaint, the complaints committee decides as soon as possible whether the complaint will be allowed or dismissed. If the complaints committee decides to dismiss the complaint, the complainant will be informed as soon as possible.
Article 9
1. If the complaints committee decides to allow the complaint, it proceeds to investigate the facts of the complaint. The committee forthwith informs the Executive Board, the Dean/Director of the unit where the accused is employed (if the accused is an employee), the complainant, and the accused of this fact. In the investigation, at least the complainant and the accused must be heard.
2. Parties will be heard in each other's presence, unless one party objects. Both parties may be assisted by counsel.
3. The sessions of the complaints committee are not public.
4. Within six weeks after receipt of the complaint, the complaints committee will report the findings of its investigation to the Executive Board. In the report, the committee may advise on possible ways of dealing with the complaint. The committee sends a copy of report and advice to the complainant and the accused.
Decision procedure for the executive board

Article 10
1. The report and the advice of the complaints committee to the executive committee are not public.
2. Within four weeks after receipt of the report and the advice of the complaints committee, the Executive Board decides on how to deal with the complaint.
3. This decision is communicated to the complainant, the accused, the complaints committee, and the Dean or Director involved. In addition, with a view to the report as intended in Art. 13, the complaints officers will be informed by means of an anonymized message.
4. If the decision of the Executive Board is not in conformity with the advice of the complaints committee, the Board will motivate its decision.
5. If the procedure leads to disciplinary action, this is not communicated to the complainant and the complaints committee before it has been communicated to the accused.
Disciplinary action

Article 11
1. Measures that may be taken by the Executive Board with regard to the accused depend on the status of theperson involved (employee, student, or visitor).
2. Measures that may be taken bythe Executive Board with regard to an employee are based on the current Collective Labour Agreement and the stipulations concerning the employment contract in the Civil Code.
3. Measures that may be taken by the Executive Board with regard to students are based on the Student Statute.
Confidentialty

Article 12
Anyone involved in an investigation of aberrant behaviour has a duty of confidentiality with respect to whatever is discussed or put forward in the course of the investigation. The Executive Board is authorized to provide further specifications to this purpose.
Complaints officer's report

Article 13
At the end of each calendar year, the complaints officers produce an anonymized report on the operation of these regulations for the Executive Board. With a view to this report, all complaints and their treatment will be brought to their knowledge.

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Complaints regulations for aberrant behaviour at Tilburg University

See also