The Trust Adviser has the function of collecting reports regarding acts of discrimination and providing assistance and advice to those who report being subjected to possible sexual or moral harassment or bullying within the University of Modena and Reggio Emilia.
The Trust Advisor(s):
- Reports the harassing/mobbing behavior to the appropriate institutional manager;
- contributes to the solution of the case and suggests the most appropriate measures to deal with the situation, which will be resolved according to the University's internal mediation arrangements, participating in the mediation itself when requested;
- in case of failure of the informal procedure or its unfeasibility, suggests to the person concerned the most appropriate course of action to take the appropriate administrative and/or judicial actions;
- Assists, if requested, the victim of harassment/mobbing at all stages of the case;
- Provides guidance on informal and formal procedures under the Code and applicable regulations.
- in accordance with the Single Guarantee Committee: proposes targeted information/training initiatives to the Administration.
The Trust Advisor(s) also has the obligation to :
- Immediately report the most serious violations of the Code to the Single Guarantee Committee and the Dean for possible action to be taken, respecting the anonymity of the people who have approached the service;
- Provide assistance and advice;
- Report semi-annually to the Single Guarantee Committee on the findings of its activities;
- provide the Rector, the Academic Senate, the Board of Directors, the labor unions, the Single Guarantee Committee and the Council of Technical-Administrative Personnel with an annual report, within two months after the end of the reporting period, on the activities carried out in the previous year, the case histories found, respecting the anonymity of the people who have approached the service and the practices followed.
The intervention of the Trust Advisor(s) should be concluded in a reasonably short time in relation to the complexity of the case being handled.
In order to carry out the aforementioned tasks, the Trust Advisor shall make use of the offices and bodies of the University, of the expertise present within the University, or - in case of need and absence of professionalism within the administration - of external consultants, subject to an agreement signed by the University, preferably using agreements with public administrations.
The Administration guarantees the Trust Advisor(s) free access to the records related to the case being dealt with and provides the necessary information for the settlement of the case.
The position of Trust Advisor is given to a person from outside the University of Modena and Reggio Emilia, chosen by public notice, according to the procedures indicated in Article 11 below.
The position of Trust Adviser is incompatible with that of Person in Charge of the management of the University's Welcome and Listening Desk.
A person who believes that he or she has experienced sexual harassment, bullying, or discrimination may activate two procedures at his or her option:
- Informal, requesting the intervention of the Trust Advisor
- formal, referring the case to the Director/Director General or the Rector/Rector, depending on their respective disciplinary responsibilities.
HOW DO I CONTACT THE TRUSTED COUNSELOR?
the intervention of the Trusted Adviser must be requested in writing through the email address consiglieradifiducia@unimore.it
WHO CAN WRITE TO THE COUNCILWOMAN?
Anyone who studies or works within Unimore (Technical Administrative Staff, Teaching Staff and students)
AREAS OF INTERVENTION
Anyone who contacts the Councilor has the right to be heard about the situation complained of and to have information about the possibilities and ways in which the Councilor can intervene
however
The Counselor may intervene only where the reported facts fall within those specified in the Code of Conduct for the Protection of the Dignity of Persons and the Prevention of Harassment, namely moral and sexual harassment, bullying, discrimination, conflicts in the workplace (see Code of Conduct > University page, Regulations section)
SEXUAL HARASSMENT - Sexual harassment is defined as any unwanted behavior with sexual connotations or any other sex-based behavior that offends the dignity of men and women in the work or study environment, including unwelcome physical, verbal and nonverbal attitudes, including online and/or on social media.
MOBBING - Mobbing is commonly understood as a systematic and protracted conduct of the employer subject or the hierarchically superior person towards the employee in the work environment, which results in repeated hostile behavior that eventually takes the form of prevarication or psychological persecution, from which the moral mortification and marginalization of the employee may result, with a detrimental effect on his/her physio-psychic balance and the whole of his/her personality.
It has as requirements duration in time (at least 6 months), repetitiveness of actions, systematic nature of actions, and must have as the purpose of them, or as the cause of them, the debasement and marginalization of the mobbed person.
A single incident may integrate crimes (in the case of sexual harassment or injury, for example), or torts (in disregard of privacy laws, for example). But it never entails a situation attributable to bullying (precisely because the above requirements are lacking).
DISCRIMINATION - Discrimination includes all conduct by which one person is treated less favorably than another is, has been, or would be treated in a similar situation (direct discrimination) or cases in which an apparently neutral provision, practice, criterion, covenant, or conduct may put some people at a particular disadvantage compared to others (indirect discrimination).
Also considered discrimination are those unfavorable treatments that constitute a reaction to a complaint or action to obtain compliance with the principle of equal treatment.
HOW DOES THE COUNSELOR ACT?
The counselor listens to the offended person, takes up the case, and informs them of the most appropriate ways to deal with it.
After obtaining the express consent of the offended person, the Councilor may:
- hear from the person named as the perpetrator of the harassment or discrimination, the Head of the Office or Department, and any witnesses
- access to administrative documents
- Propose a meeting for conciliatory purposes (not in harassment/violence cases)
- In the most serious cases, he/she may propose to the relevant manager the displacement of one of the persons involved in the affair.
The Counselor suggests the most appropriate action to ensure a work environment that respects the freedom and dignity of those involved.
Any action is agreed upon between the person reporting and the Trust Adviser. No activity is carried out ex officio.
The report can be withdrawn at any time.
All persons interested in the resolution of cases submitted to the Councilor are bound to secrecy about the facts and news they learn in the course of handling the case.
The councilor has an obligation of professional secrecy
The right to privacy is guaranteed.