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Anti-Mobbing Policy

                                                   ORDER No. 145                                                  
by the Rector of Nicolaus Copernicus University in Toruń
 of 29 August 2024
Policy against mobbing, unequal treatment and other undesirable behaviours at Nicolaus Copernicus University in Toruń

Pursuant to art. 52.3 of resolution No. 37 of the Senate of Nicolaus Copernicus University in Toruń of 16 April 2019 – Statutes of Nicolaus Copernicus University in Toruń (NCU Legal Bulletin of 2024, item 10)

it i s o r d e r e d as follows:

Nicolaus Copernicus University in Toruń, observing the standards of respect and protection of the inherent and inalienable dignity of a human being in force in Poland and the European Union and taking into account their significance for shaping a friendly atmosphere of cooperation and development of all groups that make up the university environment, introduces the Policy of against mobbing, unequal treatment and other undesirable behaviours.

The dignity of each person realizing their aspirations, performing tasks within the scope of the activities and for the benefit of the University, is a value protected and promoted at the University, in particular by ensuring a work, education and learning environment free from any behaviours that may violate this dignity.

Chapter 1

General provisions

 Article 1

The purpose of the Policy against mobbing, unequal treatment and other undesirable behaviours at Nicolaus Copernicus University in Toruń, hereinafter referred to as the “Policy”, is:

Article 2

  1. The Policy shall apply to persons belonging to the university community, performing tasks for the benefit of Nicolaus Copernicus University in Toruń.
  2. To persons belonging to the university community performing tasks within the framework of medical activity for the benefit of an independent public health care facility, for which the entity creating is Nicolaus Copernicus University in Toruń, the relevant regulations in force in that facility shall apply.

Article 3

  1. The Policy specifies the rights and obligations of persons belonging to the university community in the area of ​​counteracting mobbing, unequal treatment and other undesirable behaviours.
  2. The Policy also specifies the principles in force at the University:

Article 4

  1. The legal basis of the Policy shall be:
  1. The legal acts, which constitute the legal basis for the Policy, are made available on the University’s website, dedicated to preventing mobbing, unequal treatment and undesirable actions.

Article 5

  1. Whenever the Policy refers to:
  1. The personal names in the masculine gender used in the Policy, in accordance with generally applicable legal provisions, defining affiliation to a social or professional group, position held or function performed, also refer to the feminine or indefinite gender, in accordance with the direction of changes in the Polish language, aiming at lexical symmetry in the scope of personal names.

Chapter 2

Rights and obligations of the university community

Article 6

  1. Persons belonging to the university community shall have the right to have their dignity and personal rights respected in the place of work, education and study.
  2. Persons belonging to the university community have the right to work, study or conduct research in an environment free from mobbing, unequal treatment and other undesirable behaviours.

Article 7

  1. Mobbing, unequal treatment and other undesirable behaviours shall be prohibited at the University.
  2. Every person belonging to the university community shall be obliged to:
  1. Every person belonging to the university community shall familiarize themselves with the Policy:

Article 8

In matters relating to mobbing, unequal treatment or other undesirable behaviours at the University, the Rector acts on behalf of the employer, directly or through the relevant Deputy Rector.

Article 9

Persons belonging to the university community, in particular persons holding managerial positions and their deputies, heads of organisation and administration units, as well as the chairperson of the doctoral student government, the student government and their deputies, shall be obliged to cooperate on an ongoing basis and provide all assistance to the Rector and the relevant Deputy Rector and the committees and team referred to in the Policy in matters concerning mobbing, unequal treatment and other undesirable behaviours at the University.

Chapter 3

Deputy Rectors

Article 10

  1. The Rector shall appoint a deputy for counteracting mobbing and a deputy for equal treatment.
  2. The deputies referred to in art.10.1 shall also be competent in matters of other undesirable behaviours.
  3. The Rector shall appoint the deputies referred to in art.10.1 from among persons belonging to the university community, having impeccable reputations and specialist qualifications or experience or significant knowledge in the field of mobbing or unequal treatment and other undesirable behaviours, respectively.

Article 11

  1. The tasks of the Deputy Rector for Counteracting Mobbing shall include taking action to implement the Policy, particularly preventing and eliminating manifestations of mobbing and other undesirable behaviours.
  2. The Deputy Rector for Counteracting Mobbing shall perform their tasks by:

Article 12

  1. The tasks of the Deputy Rector for Equal Treatment shall include taking action to implement the Policy, in particular preventing unequal treatment and eliminating all manifestations of discrimination, in particular, based on gender, ethnic origin, nationality, religion or denomination, worldview, political views, disability, age, sexual orientation, personal or family situation, and other undesirable behaviours.
  2. The Deputy Rector for Equal Treatment shall perform their tasks by:

Article 13

The Deputy Rector for Counteracting Mobbing and the Deputy Rector for Equal Treatment shall cooperate in particular with the Deputy Rector for Safety, the Academic Ombudsman and the disciplinary ombudsmen and committees for students, doctoral students and academic teachers, as well as with the University’s organizational units.

Article 14

By 30 October each year, the relevant Deputy Rector shall submit to the Rector a report on their activities for the previous academic year.

Article 15

The administrative, office and organizational support for the work of the Rector, the Deputy Rector for Counteracting Mobbing, the Deputy Rector for Equal Treatment and the committees conducting explanatory proceedings referred to in the Policy shall be provided by the Department of Human Resources or the CM Department of Human Resources.

Chapter 4

Preventive actions

Article 16

In order to prevent mobbing, unequal treatment and other undesirable behaviours, the University shall undertake the following preventive measures for persons belonging to the university community:

Article 17

Obligatory training on mobbing, unequal treatment and other undesirable behaviours and the Policy shall be conducted for all members of the university community as part of initial and periodic training in the field of occupational health and safety, the rules for which are specified in a separate order.

Article 18

  1. Independent of the training referred to in art.17, mandatory training in the scope of the Policy shall be conducted for the management staff of the University in connection with taking up a function or position.
  2. Training for the management staff of the University shall be conducted by:
  1. Training for the management staff of the University shall be conducted no later than 6 months from the date the person takes up the function or position.
  2. Training for the management staff of the University shall be provided by the employer.
  3. Training for the management staff of the University shall take place, to the extent possible, during working hours. The employee shall retain the right to remuneration for the time of non-performance of work in connection with participation in the training.
  4. Completion of training for the University management staff shall be documented by the participant’s signature on the attendance list.

Article 19

  1. Consultations shall be conducted in order to present information on mobbing, unequal treatment and other undesirable behaviours and the Policy.
  2. Consultations shall be conducted by the relevant Deputy Rector.
  3. Any person belonging to the university community may report the need for consultations.
  4. Reports may be made in any form, in particular by telephone or e-mail

Article 20

  1. Promotional activities shall be organized in order to promote a university community free from mobbing, unequal treatment and other undesirable behaviours.
  2. Promotional activities shall be organized in the form of:
  1. Discussion panels, seminars or workshops shall be held, in particular, as part of the activities of the University Centre for Personal Support and Development.
  2. The development and posting of information materials in university publications shall be carried out as part of the tasks carried out by the NCU Department of Promotion and Communication and the CM Department of Promotion and Communication.

Article 21

  1. Surveys shall be conducted in order to monitor the problem of mobbing, unequal treatment and other undesirable behaviours at the University.
  2. Surveys among employees shall be conducted in particular on the basis of Order No. 210 by the NCU Rector of 24 October 2023 on the procedure of evaluating job satisfaction of employees at Nicolaus Copernicus University in Toruń (NCU Legal Bulletin of 2023, item 379).
  3. Surveys among students and doctoral students shall be conducted in particular on the basis of Order No. 254 by the NCU Rector of 18 November 2020 on the procedure of evaluating the satisfaction of students at Nicolaus Copernicus University in Toruń (NCU Legal Bulletin of 2020, item 412).

Article 22

A natural person providing services to the University under a civil law contract shall undertake, upon conclusion of the contract, to become familiar with the Policy and to comply with its relevant provisions.

Chapter 5

Intervention actions

Article 23

In order to counteract reported cases of mobbing, unequal treatment or other undesirable behaviours, the University shall undertake intervention measures in the form of ordinary or committee explanatory proceedings.

Article 24

  1. Notification of mobbing, unequal treatment or other undesirable behaviours, hereinafter referred to as “notification”, shall be submitted to the Rector or the relevant Deputy Rector.
  2. If the notification concerns the Rector, it shall be submitted to the chairperson of the University Council.
  3. If the notification was submitted to an employee holding a managerial position or the head of an organisational or administration unit, they shall immediately inform the Rector or the relevant Deputy Rector of this fact in order to determine the further procedure. The provision of art.24.2. shall apply accordingly.

Article 25

  1. The notification may be submitted in any form.
  2. The notification should include the name of the injured party, the name of the person accused of mobbing, unequal treatment or other undesirable behaviours, a description of the facts and – if possible – evidence to support the circumstances indicated in the description of the facts.
  3. The person submitting the notification shall provide their contact details in the notification.
  4. In the case of an anonymous notification, no intervention measures shall be taken, but preventive measures may be taken.
  5. An anonymous notification that does not identify the occurrence of mobbing, unequal treatment or other undesirable behaviours at the University shall not be considered.

Article 26

If the notification indicates circumstances justifying action by other entities, in particular the Deputy Rector for Safety or the Academic Ombudsman, the relevant Deputy Rector shall forward the notification in accordance with its competence, informing the notifying person thereof.

Article 27

All persons carrying out activities in a case concerning notification of mobbing, unequal treatment or other undesirable behaviours at the University shall be obliged to maintain the confidentiality of all facts learned in the course of their investigation and may not copy or distribute documents relating to the case.

5.1. Ordinary explanatory proceedings

Article 28

  1. The relevant Deputy Rector shall assess the validity of the notification.
  2. A notification that the relevant Deputy Rector considers unjustified shall not be considered.

Article 29

  1. If the notification is deemed justified, the relevant Deputy Rector shall immediately initiate ordinary explanatory proceedings, hereinafter referred to as the “explanatory proceedings”.
  2. The relevant Deputy Rector shall inform the injured party and the person accused of mobbing, unequal treatment or other undesirable behaviours, hereinafter referred to as the “participants in the proceedings”, of the initiation of the explanatory proceedings.
  3. If the notification was submitted by a person other than the injured party, the relevant Deputy Rector shall also inform the notifying person of the initiation of the explanatory proceedings.
  4. Taking into account the group of the university community to which the participants in the proceedings belong, the relevant Deputy Rector shall inform the relevant dean, director of the doctoral school or chancellor of the initiation of the explanatory proceedings.

Article 30

  1. In order to clarify the matter, the relevant Deputy Rector shall examine the evidence attached to the notification and conduct interviews with the participants in the proceedings.
  2. The relevant Deputy Rector may collect and examine evidence other than that attached to the notification and may conduct interviews with persons who have information in the matter.
  3. Attendance at the interview as part of the explanatory proceedings is mandatory.
  4. The relevant Deputy Rector shall inform the person accused of mobbing, unequal treatment or other undesirable behaviour about the nature of the allegations and shall instruct the person notifying about the prohibition of retaliatory actions.
  5. The relevant representative of the rector shall inform the person reporting about legal liability for slander of mobbing, unequal treatment or other undesirable behaviour.
  6. The participants in the proceedings shall be obliged to provide explanations regarding the circumstances of the case truthfully and without concealing anything and, to the extent possible, present evidence.
  7. If a participant in the proceedings does not comment on the allegations of the opposing party regarding the facts, the relevant Deputy Rector, taking into account the results of the entire proceedings, may consider these facts as admitted.

Article 31

  1. The relevant Deputy Rector shall prepare a report on the course of the explanatory proceedings.
  2. The report on the course of the explanatory proceedings shall include:
  1. The relevant Deputy Rector shall forward the report on the course of the explanatory proceedings to the Rector and deliver a copy of the report to the participants of the proceedings.

Article 32

Explanatory proceedings should be completed within one month of receipt of the notification, and in justified cases, it may be extended, but not longer than by another month.

5.2. Committee explanatory proceedings

Article 33

  1. If the level of complexity of the case indicated in the notification requires it, the relevant Deputy Rector shall submit to the Rector a recommendation to initiate committee explanatory proceedings.
  2. The relevant Deputy Rector shall submit a recommendation to initiate committee explanatory proceedings to the Rector no later than 14 days after receiving the notification.
  3. Committee explanatory proceedings shall also be conducted if the notification of mobbing, unequal treatment or other undesirable behaviour concerns the Rector. In such a case, the Rector’s competences specified in the Policy in the scope of a committee investigation procedure shall be exercised by the chairperson of the University Council

Article 34

  1. Immediately upon receipt of the recommendation, the Rector shall decide to initiate committee explanatory proceedings or to consider the notification in another manner.
  2. The Rector shall inform the participants in the proceedings, the relevant Deputy Rector and, appropriate for the group of the university community to which the participants in the proceedings belong, the dean, the director of the doctoral school or the chancellor of the decision made.

Article 35

  1. Committee explanatory proceedings shall be conducted by committees whose members are appointed from a list of persons belonging to the university community, having an unblemished reputation and specialist qualifications or experience or significant knowledge in the field of mobbing, unequal treatment or other undesirable behaviours.
  2. Entry on the list referred to in art.35.1 shall be made on the basis of candidates’ applications by:
  1. The application requires the candidate’s written consent.
  2. Candidates shall report to the Rector.
  3. The list referred to in art.35.1 shall be announced by the Rector by way of an announcement.

Article 36

  1. The committee explanatory proceedings shall be conducted by a committee composed of at least 3 persons.
  2. The committee shall be appointed by the Rector by order.
  3. If the case concerns harassment or sexual harassment, at least half of the committee members shall be persons of the same sex as the injured party.
  4. Appointment to the committee requires the prior consent of the person concerned to participate in the committee’s work.
  5. The committee may not include:

Article 37

  1. When appointing a committee, the Rector shall appoint its chairperson, responsible for organizing the committee’s work.
  2. As part of organizing its work, the committee chairperson shall in particular:
  1. The Rector may grant a one-time task-related allowance to an employee appointed to a committee.

Article 38

  1. The committee shall work in meetings.
  2. The chairperson of the committee may invite experts from among the members of the university community to the meetings.
  3. Meetings of the explanatory committee shall be held, to the extent possible, during working hours. A University employee shall retain the right to remuneration for the time of non-performance of work in connection with participation in the explanatory committee meeting.
  4. For the time of participation in the explanatory committee meeting, a University employee shall be granted leave from work, and a doctoral student or student shall be excused from absence from classes if, according to the schedule, classes are held during the committee meeting hours.

Article 39

The provisions of art. 30-31 regarding the ordinary explanatory proceedings and the relevant Deputy Rector shall apply accordingly to the committee explanatory proceedings and the commission.

Article 40

Committee explanatory proceedings should be completed within two months of the date of receipt of the notification, and in justified cases, it may be extended, but not longer than by another month.

5.3. Resolution of the case subject to explanatory proceedings

Article 41

  1. When resolving a case that is the subject of ordinary or committee explanatory proceedings, based on the findings of the given proceedings, the Rector may decide in particular to:
  1. The Rector shall decide the case that is the subject of the explanatory proceedings no later than 30 days from the date of submission of the minutes by the Deputy Rector or the chairperson of the committee.
  2. The Rector shall immediately inform the participants of the proceedings, the relevant Deputy Rector and, with respect to the group of the university community to which the participants of the proceedings belong, the appropriate dean, director of the doctoral school or Chancellor, and in the case of a committee explanatory proceedings – also the chairperson of the committee, about the resolution of the case that is the subject of the explanatory proceedings.
  3. The Rector’s resolution shall end the given explanatory proceedings.

Chapter 6

Support actions

 Article 42

The University shall provide assistance and support to every person belonging to the university community who has been subjected to or has otherwise experienced the effects of mobbing, unequal treatment or other undesirable behaviours, in particular psychological and legal assistance within the framework of the activities of the University Centre for Support and Personal Development, the Copernican Integration Centre and the relevant Deputy Rectors, as well as material support within the limits of the funds available, including for social activities.

Chapter 7

Periodic evaluation of the Policy

Article 43

  1. The Policy is subject to periodic evaluation at least once every two years.
  2. The date of evaluation of the Policy shall be decided by the Rector, after seeking the opinion of the trade unions, the doctoral student government and the student government.

Article 44

  1. The Policy shall be assessed by an assessment team appointed by the Rector by order.
  2. The assessment team shall consist of:
  1. At the first meeting, the assessment team members shall elect a chairperson and a secretary from among themselves.

Article 45

In connection with the evaluation of the Policy, the Rector obliges the deans, directors of extra-faculty organizational units, the Chancellor and the Vice-Chancellor for Collegium Medicum to prepare written reports on mobbing, unequal treatment and other undesirable behaviours in the group of the university community directly subordinate to them.

Article 46

  1. The evaluation team shall prepare a written evaluation of the Policy containing an analysis of the period covered by the evaluation, conclusions and recommendations in order to increase the effectiveness of counteracting mobbing, unequal treatment and other undesirable behaviours at the University.
  2. The evaluation of the Policy shall be submitted to the Rector immediately after its preparation.

Article 47

  1. The Rector shall provide the university community with information on the conclusions and recommendations contained in the evaluation of the Policy.
  2. The Rector shall make changes to the Policy by way of an order.

Chapter 8

Transitional and final provisions

 Article 48

The provisions of the orders repealed by this order shall apply to internal proceedings in cases concerning mobbing or unequal treatment initiated and not completed before the date of entry into force of this order, as well as to the committees appointed to conduct such proceedings.

Article 49

  1. By 31 January 2025, the following are hereby obliged:
  1. familiarize their subordinate employees with this order,
  2. submit to the Department of Human Resources or the CM Department of Human Resources, respectively, declarations signed by their subordinate employees, confirming that they have read the provisions of the order and obliging them to comply with them, in accordance with art. 7.3.1;
  1. familiarize themselves with this order in the USOS system,
  2. submit declarations in the USOS system confirming that they have read the provisions of the order and obliging them to comply with them, in accordance with art.7.3.2;
  1. The employer shall verify the civil law contract templates in force at the University in accordance with art. 22.

Article 50

The following orders shall be repealed:

Article 51

The order becomes effective as of 29 August 2024.

 

 R E C T O R

 Prof. dr hab. Andrzej Sokala

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Universitas Copernicana Thoruniensis In Futuro II - modernization of the Nicolaus Copernicus University as part of the Integrated University Programme

Operational Programme Knowledge Education Development POWR.03.05.00-00-Z306/18 co-financed by the European Social Fund for 2014-2020