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Policies - Complaints
1) Scope
A person who is a Shadow Councillor, Past Shadow Councillor
or
member of the Management Committee and believes that he/she
has suffered any form of harassment is entitled to raise the
matter through the following procedure.
2) The informal stage
This stage is appropriate when the person simply wants the harassment
to stop.
Matters can be resolved informally by
a) Approaching the alleged harasser directly making it clear
to the person's) harassing that the behaviour in question is
offensive, is not welcome and should be stopped.
b) Approaching the alleged harasser with the support of another
member or past member of the Shadow Council.
c) Approaching the alleged harasser with the support of the
Project Worker or a person on the management committee.
If it is too difficult or embarrassing to do this personally,
Shadow Councillors/Past Shadow Councillors may request the Project
Worker/a member of the management committee to approach
the alleged harasser on their behalf.
At the informal stage, the Shadow Councillor/Past Shadow Councillor
will be advised that
a) A formal investigation and possible disciplinary action can
only take place if the complaint is investigated under the formal
procedure.
b) A written record of the action taken will be made to assist
with any formal proceedings which may arise if the behaviour
does not stop. Unless written records are kept, it will not
be possible to move on to the formal stage.
3) The formal stage
If the behaviour continues, or if it is not appropriate to resolve
the problem informally, it should be raised through the formal
procedure as follows.
a) Making a complaint
Complaints should be raised with the Project Worker/a member
of the Management Committee as soon as possible following an
act of alleged harassment so that the matter can be dealt with
as soon as possible.
Ideally complaints should be made in writing, but verbal complaints
may still be investigated.
The Project Worker or member of the Management Committee who
will not be connected in any way with the allegation that has
been made will have responsibility for proceedings at the formal
stage.
A written record of all meetings connected with the complaint
will take place.
b) Meeting with the person making the complaint
The Project Worker or person from the Management Committee will
meet the person making the complaint to
- Clarify and formally record the nature of the complaint and
that it is being handled under the formal procedure.
- Make sure that the person making the complaint is aware of
the next stage of the procedure.
- Explain that the Complainant has the right to be accompanied
and /or represented by a third party at the first meeting (eg)
parent, teacher, friend.
- Tell the person of any rights or time limits that may be appropriate.
c) Avoiding contact between the person making the complaint
and the harasser
The issue of avoiding contact between the person making the
complaint and the harasser will be considered before action
is taken to inform the alleged harasser of the complaint.
Where a case of serious harassment has been alleged, consideration
will be given to the suspension of the alleged harasser just
to be safe and to enable the investigation to continue. An individual
who is going to be suspended will be formally advised of this
at a meeting with the Project Worker/ a member of the Management
Committee and will have the right to be accompanied by a third
party (eg) parent, teacher, friend.
d) Informing the alleged harasser
The Project worker or member of the Management Committee will
meet with the alleged harasser and
- Detail fully the nature of the complaint
- Confirm that it is being handled under the formal procedure
- Ensure that the individual is aware of the next stage of the
procedure
- Explain that the alleged harasser has the right to be accompanied
and/or represented at the next stage of the procedure by a third
party (eg) parent, teacher, friend)
- Following this meeting the Project Worker/Member of the Management
Committee will write to the alleged harasser outlining the nature
of the complaint and setting a date for a formal meeting to
be held as soon as possible after the complaint is received.
e) How the complaint will be investigated
The Project worker/member of the Management Committee will
meet the person alleging harassment, the alleged harasser and
anyone present when the alleged incident took place. The
meetings will take place at different times and each individual
will be asked to outline what happened and their statements
will be recorded.
The Project Worker/Member of the Management Committee will
hold further meetings, if necessary with anyone who can assist
with the investigation eg) parent, teacher, friend.
The purpose of the meetings is to establish the facts. All those
giving information may do so privately and not in the presence
of any other person involved in or present during the alleged
incident. All evidence is treated in the strictest confidence.
f) Considering the information and reporting back
Having obtained all the information possible, the Project Worker/member
of the Management Committee will prepare a written report outlining
the facts, indicating his/her findings and whether or not a
case of harassment is substantiated.
Where the Project Worker/member of the Management Committee
has not the authority to take the necessary action, the report
will be forwarded to an appropriate agency.
g) Decision on disciplinary action
The Management Committee will consider the report and a decision
will be made
- To take action on the actions of the alleged harasser as felt
appropriate by the Management Committee
And/or
- To take no further action or to take any other appropriate
management action eg) the provision of training or counselling.
Every effort will be made to have the procedure completed within
30 days of the complaint having been received.
g) Communicating the decision
When a decision is made on the most appropriate course of action
it will be communicated in writing to both the person making
the complaint and the alleged harasser.
h) After the investigation is complete
Appeals: These may be made to Shadow Council and Past Shadow
Council members collectively. The Management Committee will
take the feelings of these two groups of members very seriously.
- Reduced contact with harasser: Where a complaint is upheld
the person making the complaint may not want to have any contact
with the harasser. Where it is the wish of the victim, the Project
Worker/Management Committee will make every effort to keep the
person making the complaint and the harasser apart. The harasser
will be inconvenienced before the victim if necessary.
- Reduced contact where action has not been taken: Even where
action has not been taken, or, for example, where there is not
enough evidence, consideration may still be given to reduced
contact between the person making the complaint and the alleged
harasser.
- Training and Counselling: Training and/or counselling will
be offered to the person who has been harassed and to the harasser
where a complaint has been upheld. Where a complaint has not
been upheld, training and/or counselling may also be offered.
Further Meetings: The Project Worker/ member of the Management
Committee will meet the individual who has alleged harassment
on a regular basis to offer support and to ensure that no harassment
or victimisation has occurred. This will be done where a complaint
has been upheld.
Where a complaint has been upheld, the Project Worker/ a member
of the Management Committee will ensure that the harasser is
made fully aware of the Shadow Youth Council's policies on equal
opportunities and harassment and of the law in relation to these
matters.
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