Manual for handling offensive behaviour

Manual for handling offensive behaviour

The Executive Board has adopted a sub-policy and guideline on handling offensive behaviour, which has been discussed by the Cooperation and Joint Consultation Committee.

HR has prepared a guideline describing the practical handling of enquiries about offensive behaviour as well as some of the tools that managers and others can use.

Handling by the manager

All managers must take enquiries seriously and handle the enquiry as quickly as possible. How the specific inquiry is handled will depend on the severity, duration, and frequency of the offensive behaviour.

For enquiries about sexual harassment, offensive behaviour, or severe or repeated bullying, managers are encouraged to contact Corporate HR Legal & Politics for advice before, during, and after handling the enquiry.

The manager, Corporate HR, and senior management have a duty to act on the enquiry if the offensive behaviour is so severe, prolonged, or repetitive that it poses a risk to other employees’ health and safety. This will be based on a specific legal assessment made by HR Legal & Politics.

Therefore, enquiries entailing a duty to act cannot be made anonymously.

The duty to act is based on the legal rights of the alleged offender and the duty of care for the victim.

Manager responsibilities

The manager must start out by identifying the specific circumstances.

• Regardless of how the manager learns about the offensive behaviour, the manager must seek information about the severity, duration, and nature of the behaviour.
• It is important to investigate the nature of the incident, as severe offensive behaviour may have legal consequences for the alleged offender.
• The manager must pay attention to the nuances surrounding the enquiry by engaging in dialogue with multiple parties and listening to potential witnesses’ versions (and include evidence, if available).

Special attention

Managers are responsible for ensuring that all parties are treated with consideration and respect (both the person who feel offended and the alleged offender(s)).

How is the incident handled?

It must be specified how to follow up on the incident.

Offensive behaviour can cover a range of offenses, as described in the guideline on handling offensive behaviour.

The parties involved are responsible for determining how the specific enquiry should be handled:

1. After discussions, the parties agree not to take any further action.

2. The parties involved agree that the matter is best resolved through a dialogue process with the assistance of HR. More and more people choose to use an external mediator. The costs of external mediation will be covered by the unit.

The manager considers the offense to be severe and involves HR. The offended party will be informed that the enquiry will be handled legally. No information will be provided about the course or outcome of the investigation. The parties will be informed once the investigation has been completed.

The manager’s responsibility to inform about the conclusion of the case

1. The manager must inform the employee who made the enquiry, and other involved parties that the matter has been resolved.
2. The manager must not inform the parties/unit of any legal consequences.
3. The offended party can contact Corporate HR if they consider that the local process was inadequate (you can do this by going to DTU Inside Offensive behaviour).

The role of Corporate HR

• HR must advise the manager on the process and responsibility for handling the specific case, including in relation to the severity and any legal consequences.
• HR must advise managers on how to prevent the offensive behaviour from happening again and how the manager can help rebuild working relationships and work communities after a specific incident.
• HR can provide general advice and guidance to the parties involved.

The roles of union and occupational health and safety representatives (no duty to act)

• An employee who experiences offensive behaviour can contact their union and/or occupational health and safety representative in confidentiality.
• Unlike HR and managers, the union and/or occupational health and safety representative can offer support, advice, and guidance without any an obligation to act.