CIPESS as a centre of excellence in FUAM seeks to provide an atmosphere of work and study in which all individuals are treated with respect and dignity. It is to this end as part of gender and social development, a sexual harassment policy has been put in place. The Sexual Harassment and Misconduct Policy will be made available to students and employees in various forms; especially on the website of CIPESS and other avenues. The concept of sexual harassment is well defined in the policy. These measures are in place to guarantee the creation and maintenance of an environment that provides an atmosphere of work and study in which all employees and students of the Centre are treated with respect and dignity regardless of gender. Thereby, making the environment a safe place for everyone.
The Center defines sexual harassment and other forms of sexual misconduct as follows:
(a) Sexual Harassment: This is defined as an unwelcome conduct of a sexual nature including unwelcome sexual advances, request for sexual favours and other verbal, non-verbal, written, electronic, graphic or physical conduct or behaviour of a sexual nature when:
* Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic standing or participation in an educational Program or activity; or
* Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic standing or participation in an educational Program or activity; or
* 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.
(b) Other forms of sexual misconduct: In addition to sexual harassment, other forms of sexual misconduct include the following:
* Sexual or amorous behaviour with students or subordinates,
* Staff exploiting relationships with subordinate staff or students for sexual ends,
* Staff conferring undue favours to influence subordinate staff or students to yield to sexual desires,
* Sexual abuse,
* Sexual assault,
* Sexually exploitative and degrading behaviour,
* Retaliatory and abusive behaviour directed towards either former relationship partners or individuals who have rejected the sexual advances of another
* Sexual intimidation.
For the purpose of this policy, sexual harassment shall be defined to include acts or behaviour constituting sexual abuse and sexual assault which occur within the definitional scope of CIPESS’ policy in relation to members of FUAM community, her visitors and partners.
The University Council of FUAM will have the overall responsibility of ensuring that the University complies with the Sexual Harassment and Misconduct Policy of the Center. It includes ensuring that:
The Sexual Harassment and Misconduct Policy will not be the only document that indicates that FUAM seeks to provide an atmosphere of work and study in which all individuals are treated with respect and dignity. The principles of the Sexual Harassment and Misconduct Policy would 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).
The Sexual Harassment and Misconduct Policy will be made available to students and employees in various forms; as a handout at orientation Programs for these groups and on the general FUAM website and website of CIPESS, on strategically placed bill boards, among others. Measures are in place to guarantee the creation and maintenance of an environment that provides an atmosphere of work and study in which all employees and students of the University are treated with respect and dignity regardless of gender.
An effective institutional framework on sexual harassment and misconduct is established. All policies, statutes and regulations of the University are in compliance with the Sexual Harassment and Misconduct Policy.
Reports of findings and recommendations of the Anti-Sexual harassment Committee of CIPESS are received and the recommendations are acted upon promptly.
The Committee shall be composed of a maximum of ten (10) persons nominated from CIPESS faculty and other members of the University community, comprising of the following; The Center Leader/Director, The Deputy Center Leaders/Directors, Director of Gender Studies, FUAM, the Centre Legal Officer, Guidance Counsellor FUAM, Representative of FUAM Academic Staff Union of Universities (ASUU), competent external members from other colleges may also be nominated to serve on the Committee as ex-officio members, or to act as technical advisers. All members of the Committee shall have high credibility, gender sensitivity and technical competence to handle grievance redress procedures
The Committee shall address sexual harassment and sexual misconduct issues relating to CIPESS by:
(a) Planning and implementing the Center’s education and training programs on sexual harassment and misconduct. The programs should include wide dissemination of this policy; providing educational materials to promote compliance with the policy and familiarity with local reporting procedures; and training of other University personnel who may be responsible for responding to informal reports of sexual harassment.
(b) Maintaining records of reports of sexual harassment and misconduct cases as well as actions taken in response to reports.
(c) Preparing and submitting an annual report to the Vice-Chancellor on its work.
(d) Investigating specific complaints of sexual harassment and misconduct promptly.
(e) Delineating and designing appropriate sanctions or disciplinary measures to be applied to persons who violate this Policy.
Requirements for admission to the programme should be as follows:
a. Procedure Reports of sexual harassment or sexual misconduct shall be brought as soon as possible after the alleged conduct occurs, optimally within one year or one semester or one quarter of the student’s CIPESS tenancy as applicable. Prompt reporting will enable the Committee to investigate the facts, determine the issues, and provide an appropriate remedy or disciplinary action.
b. Role of the Anti-Sexual Harassment Committee The Anti-Sexual Harassment Committee will have the following responsibilities under complaints mechanism:
Education and Training: The Committee shall plan and manage the Center’s sexual harassment education and training programs. The programs will include wide dissemination of this policy; providing educational materials to promote compliance with the policy and familiarity with local reporting procedures; and training of other University personnel who may be responsible for handling informal reports of sexual harassment.
Documentation: The Committee shall maintain records of reports of sexual harassment and actions taken in response to reports, including records of investigations, voluntary resolutions, and disciplinary action, as appropriate.
Reporting: The Committee shall prepare and submit an annual report to the Vice-Chancellor on its work.
Investigation: The Committee shall deal with specific complaints of sexual harassment as an investigative body in accordance with the grievance procedures outlined under this Policy.
Sanctions/Disciplinary actions: The Committee shall delineate and design appropriate sanctions or disciplinary measures to be applied to persons who violate this Policy.
c. Rights of the complainant Any member of CIPESS who believes that he or she has been a victim of sexual harassment and/or misconduct in violation of this Policy is entitled to pursue the matter and utilize the procedures described under this Policy for redress. The complainant shall not be reprimanded, denigrated, stigmatized or discriminated against in any way for initiating an inquiry or complaint in good faith.
d. Rights of the respondent A person against whom a complaint is lodged shall be presumed innocent of that allegation unless and until there is a final finding of culpability by the Committee or an admission by that person.
e. Right to representation A complainant and a respondent in a sexual harassment or sexual misconduct matter have the right to representation by counsel.
f. Duty to Cooperate Staff and students must cooperate with the Center investigations into sexual harassment or misconduct which are conducted by the Anti-Sexual Harassment Committee. Refusal to cooperate with an investigation or impedance of an investigation may result in disciplinary action.
g. Malicious accusations or unfounded complaints The Center recognizes that false accusations could have a serious impact on the reputation and integrity of individuals. As such, malicious accusations will be treated very seriously. Anyone who is found to have made a deliberately baseless or unfounded malicious complaint or allegation against another person shall be subject to formal disciplinary action under the appropriate university procedure.
The following guidelines shall apply in handling Sexual Harassment and Misconduct complaints:
a. Where a member of the University Community feels that (s)he has been a victim of sexual harassment or misconduct, such a member may attempt to resolve the matter directly with the alleged offender by advising that the behaviour is unwelcome, must be stopped, or must not occur again.
b. A Complainant may choose to request a trusted third party 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 or misconduct 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 misconduct that are considered severe or extreme, such as attempted rape, rape, sexual battery, sexual assault with a weapon and non-consensual anal copulation, 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 or misconduct, this shall not be used against them or affect the merits of the case when a formal complaint is launched.
a. A member of CIPESS; Student or faculty, who has been or is a victim of sexual harassment or misconduct, 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 a Committee member or a person designated by the Committee to receive such complaints. The said person shall listen to the complaint and 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. Recording of the Complainant’s vernacular statement may be employed to authenticate the procedure.
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 Adjudication Committee shall conduct verbal hearings with the Complainant and the Respondent. The parties may be present with their legal counsel. However, legal counsel shall not be permitted to speak on behalf of their clients during proceedings. All proceedings shall be recorded.
h. The Adjudication Committee shall hear the Complainant first after which the Respondent shall also be heard. The parties may cross-examine each other before the Adjudication Committee.
i. The Adjudication Committee may take testimonies of other relevant persons and witnesses where available and review the evidence.
j. The Adjudication Committee may conduct its own investigations into the matter, apart from considering the written and verbal testimonies of the parties.
k. When the complaint is made, the Committee shall take measures to pre-empt any possible retaliation.
l. A decision will be taken after careful review of the circumstances, evidence adduced, statements and all other relevant information before the Adjudication Committee.
m. Any dissenting opinion among the Adjudication Committee members shall be recorded together with the reasons for the dissent.
n. Where a Respondent is found to have engaged in sexual harassment or misconduct, the appropriate sanctions shall be recommended.
• Detailed written account of the Complainant and the Respondent
• Witness statements (if any)
• Statements of persons with whom the Complainant might have discussed the incidents, or from whom advice may have been sought
• Any other documents, audio-visual recordings, electronic communication including but not limited to e-mails, phone texts and WhatsApp or other media-assisted messaging platforms.
• Expert technical advice may be sought if necessary
• Medical evidence, including DNA test results, if appropriate
A Complainant may withdraw a case filed before the Anti-Sexual Harassment 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 Adjudication 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 of sexual harassment or misconduct is made against a member of the Anti-Sexual Harassment Committee, he or she shall not be part of any of the processes of the Committee relating to the investigation of said complaint.
(e) Conflict of Interest Members of the Anti-Sexual Harassment Committee shall declare any interest they may have in a matter whenever a complaint is filed before the Committee.
(f) Record of Proceedings The Adjudication 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 Adjudication Committee as to whether CIPESS policy has been violated. The record shall also contain the sanctions recommended, 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.
(g) Decision-making The investigation procedure shall be completed as promptly as possible and within 60 working days (or fraction of period stated in Section 4.9.3 c) depending on student’s tenancy of the date the request for formal investigation was filed. The Committee may seek an extension of time from the Vice-Chancellor with reasons where it is not possible to complete the investigation within the stated days.
(h) Sanctions The Adjudication Committee shall recommend the appropriate sanctions or punitive measures where a Respondent has been found to have engaged in behaviour that can be characterized as sexual harassment or misconduct. These sanctions include but are not limited to formal apology, leave without pay, suspension, denial of promotion, demotions, transfers and dismissals and shall be applied on a case-by-case basis. In serious and repeat cases, the Respondent shall 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.
(i) Appeal If the Complainant or Respondent is dissatisfied with the outcome of the investigations and/or the decision of the Anti-Sexual Harassment Committee, he or she shall have a right of appeal to University Council of FUAM. The University Council shall hear and determine the appeal in accordance with the Statutes of FUAM.
(j) Non-retaliation During the process of investigation of a matter, retaliation from either party or third parties shall be monitored by the Anti-Sexual Harassment 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 or misconduct in good faith, or who assisted someone with a report of sexual harassment or misconduct, or who participated in any manner in an investigation or resolution of a report of sexual harassment or misconduct, may make a report of retaliation under these procedures. The report of retaliation shall be treated as a report of sexual harassment and misconduct on its own and will be subject to the same procedures.
(k) Confidentiality The Anti-Sexual Harassment 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.
(l) Referral for counselling or other psycho-social support In appropriate cases, the Committee may recommend that either party to the case seeks counselling or support from a 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.
