The response team must investigate cases that are received for this purpose, ensure equality and proportionality and deliver a result as soon as possible.
The actions taken in the process of a case are generally in consultation with the person against whom the alleged offense is directed under the notice (alleged victim). Confidentiality is given to what is stated in the interviews, as far as possible. The response team seeks the consent of its interviewees if it is deemed necessary to share the information presented in the interviews for the processing of the case.
Upon notification, the response team shall invite the person reporting suspected bullying, gender-based harassment, sexual harassment or violence to their meeting. If a notification is received from a person other than the person being violated, the team shall invite the person who is believed to have been subjected to bullying, sexual harassment, gender-based harassment or violence (alleged victim) to a meeting and examine the position on the notification.
A - First steps following notification and informal proceedingsIf an employee or student of LHÍ believes that he has been subjected to behavior that the person considers to be bullying (or bullying), gender-based harassment, sexual harassment and/or violence and that behavior is related to communication within the school, the person can contact the human resources manager of LHÍ and request an interview with a member/member of the LHÍ response team. The purpose of the interview is to give the student/employee the opportunity to discuss his experience and receive advice and/or information about possible resources.
Example about remedies that can be taken following such a conversation:
- Advice on seeking support/management from relevant experts.
- LHÍ's response team's conversation with the person/those to whom the communication problem relates
- Mediation
- Formal proceedings initiated, cf. Section B.
The above resources are not exhaustive, as each issue is different. The response team always examines the attitude of the person who approaches the team about the reactions that the team proposes at any given time.
If a report involves a suspicion of a criminal act, the response team instructs that the conduct can be reported to the police.
B - Formal procedureThe formal procedure shall be in accordance with the requirements set out in regulation no. 1009/2015.
If a student or an employee of LHÍ believes that he has been subjected to bullying, gender-based harassment, sexual harassment or violence, the person can submit a formal complaint and request that the case be included in the so-called formal procedure.
The aim of the formal procedure is to try to find out whether behavior is considered bullying, gender-based harassment, sexual harassment or violence, within the meaning of regulation no. 1009/2015.
During the formal procedure for reporting bullying, the following procedure shall be followed:
1. Notification received. Selection of a processor.
LHÍ's response team takes care of general on formal proceedings regarding complaints/notifications of bullying, gender-based harassment, sexual harassment or violence. However, the team must always take into consideration when a complaint is received whether there is a reason to request that external parties handle the proceedings.
Refer to those who handle formal proceedings as processors.
2. First meeting with the alleged victim
The alleged victim must be invited to a processing party meeting.
Efforts should be made to obtain detailed information about the progress of the case from the alleged victim, and the person shall be invited to hand over data related to the complaint. If the processor deems it necessary, the alleged victim must also be invited to name a person whom the person believes can inform about an incident to which the complaint relates.
The alleged victim must be informed of the arrangements for the formal procedure. The processor must ensure that the alleged victim is informed that he must be identified with the alleged perpetrators. The alleged victim must also be informed of the handling of the data and the procedure in other respects.
At the first meeting with the alleged victim, a position shall be sought as to whether there is a reason to make changes to the working or learning situation during the procedure. The processor shall assess the need for this following the meeting.
3. Meeting with the alleged perpetrator/intentioned perpetrators
Meetings must be held with the alleged perpetrator(s) and their position should be sought on the subject of the complaint. He/they shall also be given the opportunity to submit documents, and if the processor deems it necessary, an option must be given to name colleagues or students who can possibly inform the incidents to which the complaint relates.
The alleged perpetrator's position on whether there is a reason to make changes to the working or learning situation during the procedure shall be sought. The processor shall assess the need for this following the meeting.
4. Further intelligence
If the processor deems it necessary to change the working or learning situation while the case is being processed, the processing partners must inform the relevant managers of LHÍ about that assessment, who will decide whether and what changes will be made.
Following meetings with the alleged victim and the alleged perpetrator, processing partners must obtain additional data and information as needed, including meetings with other employees or students as needed to inform the case.
5. Storage of data and confidentiality with parties
In a formal procedure, minutes are taken, data collected and information presented during the procedure is recorded, such as where, when and how bullying, gender-based harassment, sexual harassment or violence is believed to have occurred. All such data is stored electronically on a locked drive that only processors have access to. If data is stored in paper form, it must be stored in locked lockers.
Confidentiality is maintained in all proceedings as far as possible. Processors, those interviewed in formal proceedings and anyone else who has information about a case must therefore maintain confidentiality and not discuss the case with anyone other than the processing party. The parties' access to data and information about the case is according to Article 7. regulation no. 1009/2015, it means that the employees concerned and/or students have the right to access information and data in the case, taking into account the law on personal protection and the handling of personal information.
6. Conclusion
The LHÍ response team or, as the case may be, another processing party comes to a conclusion based on the available data and information that appears during the procedure about whether it was bullying, gender-based harassment, sexual harassment or violence within the meaning of regulation no. 1009/2015.
7. Response to result
When a result is available, the LHÍ response team must always assess the need for a review of the school's response plans, strengthen education within the school or whether ways need to be sought to improve communication methods. This applies whether the outcome of the case is that it was bullying, sexual harassment, gender-based harassment or violence was involved or not.
When bullying, gender-based harassment, sexual harassment or violence is confirmed, the response team or, as the case may be, another processor must present the result to the victim, perpetrator and relevant managers of LHÍ. The processor can recommend certain resources and reactions, but the school's management makes a decision and is responsible for the response taken.
The victim is generally informed about the resources proposed by the response team, as far as possible including confidentiality. In some cases, consultation with the victim is sought about remedies, if applicable.
Examples of resources:
- A solution-oriented way for the victim and the perpetrator, for example, in the form of interviews.
- General education and discussion of communication.
- Conciliation meetings with the help of third parties.
- Formal warning or, as the case may be, dismissal in exceptional cases without notice removal.
When the conclusion is that there was no bullying, gender-based harassment, sexual harassment or violence, an assessment must be made of the need to take measures to improve the communication between those to whom the complaint was subject and/or the need for further support for those to whom the case was concerned.
8. Follow-up
All cases that go into formal proceedings are followed up by conversations with the parties to the case, assessing whether the measures taken were successful. If the result is that the remedy was not appropriate, an attempt should be made to improve the situation and review the chosen remedies.