Procedure for discrimination complaints relating to students

Responsible unit: Human Resources Office/Student Services

Contact: Parasto Rosencrantz, Sanna Lindberg (likavillkor@su.se)

Introduction

This procedure describes the handling of situations where students at Stockholm University feel subjected to discrimination according to the Discrimination Act. The purpose of the procedure is to describe Stockholm's university's obligations as educational provider. The Human Resources Office is responsible for annually reviewing of the regulation to ensure its relevance.

At Stockholm University, it is Student Services that investigates possible discrimination when a student feels victimized by another student. Cases where a student feels subjected by an employee, including PhD students is investigated by the Human Resources Office. (Human Resources Office also investigates cases where employees feel subjected by students or other employees.) The head of the Student Services and Human Resources Office decides after consultation with the President on any measures. The Disciplinary Committee can decide on disciplinary measures. Victimization is covered by the work environment legislation, and at the university matters related to work environment is delegated to the head of department/equivalent. Student Services and Human Resources Office are available as support in handling students' work environment matters.

Discrimination

The Discrimination Act (SFS 2008:567) regulates the university´s responsibility, as an education provider, regarding questions of equal rights and terms based on grounds of discrimination.

According to Chapter 2, Section 7, an educational provider who becomes aware that a student or applying student, in connection with the university’s operations, feels subjected to harassment is obligated to investigate the circumstances surrounding the reported harassment.

Discrimination according to the Discrimination Act includes direct discrimination, indirect discrimination, inadequate accessibility, reprisals, instructions to discriminate and harassment based on one or more grounds of discrimination, as well as sexual harassment.

Disadvantage or harassment according to the Discrimination Act is behavior that violates someone's dignity and which is related to any of the grounds of discrimination: gender, gender identity or expression, ethnicity, religion or other belief, disability, sexual orientation, or age. Sexual harassment is a conduct of a sexual nature that violates someone's dignity.

It is the person who feels subjected to negative actions that determines what is offensive, and in some cases, that person needs to clarify that the behavior is unwelcome or that it is perceived as offensive.

Investigation of alleged discrimination

1. Act
   An employee at the university who becomes aware of a suspected violation or discrimination situation must act immediately. This may, for instance, involve taking measures to ensure ongoing harassment ceases. When alleged cases of discrimination come to the attention of an educational provider, an investigation and measures are undertaken to cease any potential violations. Simpler conflicts should be handled immediately.
2. Local Investigation
   When perceived discrimination is reported, the department must hold individual conversations with the parties to try to determine what has happened. The conversations must be documented in writing. The matter must be treated confidentially and promptly. The purpose of the individual conversations is to put an end to the unwanted behavior. Human Resources Office and Student Services are available for advice on discrimination, investigations, and other measures.
3. Central Investigation
   If, after the conversations, there is still reason to clarify whether discrimination has occurred, an investigation of the circumstances must be carried out.
   
   Student Services investigates potential discrimination when a student feels victimized by another student. Cases involving both students and employees are investigated by Human Resources Office. The head of Student Services or Human Resources Office decides, after consultation with the President, on any measures that the investigation leads to.
   
   The investigation must be conducted in an impartial and objective manner and requires participation of the individuals involved. Both the person claiming to have been subjected to discrimination and the person suspected of discrimination must be informed about the possibility of contacting the Student Health Services, the student union, occupational health care services or a union representative.
   
   The investigation results in a decision where the university determines whether the incident constitutes discrimination under the legal definition. The head of the department/equivalent is responsible for ensuring that necessary measures are implemented and followed up. In cases where the investigation finds that a student has harassed another student or employee at the university, the department must prepare a report on disciplinary misconduct. The Disciplinary Committee can decide on a warning or suspension for up to six months (see Rules and procedure for disciplinary cases dnr SU FV-4242-21).
   
   The person who reports perceived discrimination, or participates in an investigation of such matters, must not be exposed to negative measures (reprisals) by the university. Students dissatisfied with the investigative work or the university's position can contact Equality Ombudsman (DO). Decisions that violate the prohibitions against discrimination or reprisals can be appealed to the Higher Education Appeals Board (ÖNH).
   
   Equality Ombudsman (DO)
   The Higher Education Appeals Board (ÖHN)

The policy document in pdf format

Procedure for discrimination complaints relating to students Pdf, 188.9 kB.