The response team shall investigate cases that are brought to it, be impartial and proportionate, and deliver a result as soon as possible.
The actions taken in the course of a case are generally in consultation with the party against whom the alleged violation is directed according to the notification (alleged victim). What is said in interviews is kept confidential, as far as possible. The response team seeks the consent of its interviewees if it is deemed necessary to share information that appears in 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 a meeting. If a report is received from a party other than the person against whom the violation has been committed, the team shall invite the party who is believed to have suffered bullying, sexual harassment, gender-based harassment or violence (alleged victim) to a meeting and investigate their position on the report.
A – First steps following notification and informal proceedingsIf an employee or student of LHÍ believes that he/she has been subjected to behavior that the person considers to be bullying (or acts of 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 director of LHÍ and request after an interview with a member/members of the LHÍ response team. The purpose of an interview is to give the student/employee an opportunity to discuss their experience and receive advice and/or information about possible resources.
Example on measures that can be taken following such a conversation:
- Advice on seeking support/guidance from relevant experts.
- LHÍ's response team's conversation with the person/persons who have a communication problem
- Mediation
- Formal procedure initiated, cf. Section B.
The above remedies are not exhaustive, as each case is different. The response team always examines the attitude of the person who approaches the team regarding the response that the team proposes at any given time.
If a report involves a suspicion of criminal activity, the response team advises that the behavior can be reported to the police.
B – Formal procedureThe formal procedure must be in accordance with the requirements set out in regulation no. 1009/2015.
If a student or employee of LHÍ believes that they have been subjected to bullying, gender-based harassment, sexual harassment or violence, the person can file a formal complaint and request that the matter be put into so-called formal proceedings.
The aim of the formal procedure is to try to find out whether the conduct is considered bullying, gender-based harassment, sexual harassment or violence, in the sense of regulation no. 1009/2015.
The following procedure shall be followed during the formal procedure for reporting bullying:
1. Notification is received. Choice of processor.
LHÍ's response team is in charge in general on formal procedures for complaints/reports of bullying, gender-based harassment, sexual harassment or violence. However, the team must always consider when a complaint is received whether there is a reason to request that external parties handle the procedure.
Those who handle formal proceedings are referred to as processors.
2. First meeting with the alleged victim
The alleged victim must be invited to a meeting with the processor.
Efforts should be made to obtain detailed information about the progress of the case from the alleged victim, and the person should be invited to hand over data related to the subject of the complaint. If the processing party deems it necessary, the alleged victim must also be invited to name a person whom the person believes can inform about the incident to which the subject of the complaint relates.
The alleged victim must be informed about the arrangements for formal proceedings. 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 about the handling of the data and the procedure in other respects.
At the first meeting with the alleged victim, a position should be sought as to whether there is a reason to make changes to the work or study situation during the proceedings. The processor shall assess the need for it following the meeting.
3. Meeting with the alleged perpetrator / alleged perpetrators
The alleged perpetrator/perpetrators should be met and their position on the subject of the complaint should be sought. He/she must also be given the opportunity to submit data and, if the processing party deems it necessary, the opportunity to name colleagues or students who can possibly inform the incident to which the subject of the complaint relates.
The position of the alleged perpetrator should also be sought as to whether there is a reason to make changes to the work or study situation during the proceedings. The processor shall assess the need for it following the meeting.
4. Further information gathering
If the processing party deems it necessary to make changes to work or study conditions while the case is being processed, the processing parties must inform the appropriate managers of LHÍ about that assessment, who will decide if and then what changes will be made.
Processors must, following meetings with the alleged victim and the alleged perpetrator, 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 formal proceedings, minutes are taken, data is collected and information that appears during the proceedings is recorded, such as where, when and how bullying, gender-based harassment, sexual harassment or violence is believed to have taken place. All such data is stored electronically on a locked drive to which only processors have access. If data is stored in paper form, it must be stored in locked cabinets.
Confidentiality is maintained in all proceedings as far as possible. Processors, those who are interviewed in formal proceedings and anyone else who has information about a case must therefore maintain confidentiality and not discuss the matter with anyone other than the processor. The parties to a case have access to data and information about the case according to Article 7. regulation no. 1009/2015, it states that the relevant employees and/or students have the right to access information and data in the case, taking into account the law on personal protection and handling of personal information.
6. Conclusion
LHÍ's response team or, as the case may be, another processing party, reaches a conclusion based on the available data and information presented during the proceedings as to whether it was bullying, gender-based harassment, sexual harassment or violence within the meaning of regulation no. 1009/2015.
7. Reaction to result
When a result is available, the LHÍ response team must always assess the need to review the school's response plans, strengthen education within the school or whether ways to improve communication methods need to be sought. It applies regardless of whether the outcome of the case is that there was bullying, sexual harassment, gender-based harassment or violence or not.
When bullying, gender-based harassment, sexual harassment or violence is confirmed, the response team or, as the case may be, another processing party shall present the result to the victim, the perpetrator and the relevant LHÍ managers. The processor can recommend specific resources and responses, but the school's management makes the decision and is responsible for the responses taken.
The patient is generally informed about the remedies proposed by the response team, as far as possible in terms of confidentiality. In some cases, the victim is consulted 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 coverage of communication.
- Mediation with the assistance of a third party.
- Formal reprimand or, as the case may be, dismissal in exceptional cases without notice.
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 of those who were the subject of the complaint and/or the need for further support for those who the case was
8. Follow-up
All cases that go to formal proceedings are followed by conversations with the parties to the case, where it is assessed whether the measures taken have been successful. If the result is that the remedy did not have the appropriate results, an attempt should be made to improve the situation and review the remedies chosen.