Discrimination, harassment and victimisation

The Discrimination act describes what constitutes discrimination. For many, the word discrimination is synonymous with unfair treatment, but for something to be considered discrimination under the law, it must:

• Be a person who is treated disfavourably or whose dignity is violated.
• Relate to one of the six forms of discrimination described in the law (see below).
• Have a connection to a ground of discrimination (see below). Sexual harassment does not require this connection.
• Have occurred within one of the areas in society where the law applies; education is one of these areas.

The law prohibits six forms of discrimination:

• Direct discrimination
• Indirect discrimination
• Inadequate accessibility
• Harassment
• Sexual harassment
• Instructions to discriminate.

There are seven grounds of discrimination:

• Sex: that someone is a woman or a man.
• Transgender identity or expression: that someone does not identify herself or himself as a woman or a man or expresses by their manner of dressing or in some other way that they belong to another sex.
• Ethnicity: national or ethnic origin, skin colour or other similar circumstance.
• Disability: permanent physical, mental or intellectual limitation of a person’s functional capacity that as a consequence of injury or illness existed at birth, has arisen since then or can be expected to arise.
• Sexual orientation: homosexual, bisexual or heterosexual orientation.
• Age: length of life to date.

You can learn more about discrimination by reading the information from Diskrimineringsombudsmannen: What is discrimination?

Harassment and sexual harassment are two forms of discrimination. Educational providers, such as the University of Gothenburg, have specific obligations under the Discrimination Act to investigate the circumstances when we receive information that someone feels harassed or sexually harassed in connection to the University's activities. We must also take measures to prevent harassment in the future.

Harassment and sexual harassment are behaviors that are unwanted by the person subjected to them:

• Harassment is an act that violates someone's dignity and is related to one or more of the seven grounds of discrimination. It can involve comments, derogatory jokes, gestures, or exclusion.
• Sexual harassment is conduct of a sexual nature that violates someone's dignity. Besides comments and words, it can involve actions such as groping or suggestive looks. Sexual harassment is the only form of discrimination that does not require a connection to a ground of discrimination.

You can read more about discrimination, inducing harassment, on Diskrimineringsombudsmannen: What is discrimination.

Disfavorable treatment or violation of the dignity that is not related to a ground of discrimination, is not discrimination according to the law (except for sexual harassment). Instead, the action may constitute victimisation, regulated in the Work Environment Act. The Work Environment Act provides students with the same rights a staff regarding a safe and secure work environment.

Victimisation is defined as words or actions that are experienced as violating or otherwise undesirable by the person or persons subjected to them. These actions can lead to poor health and cause the affected person to be excluded from the social community. If repeated over a period of time, it may develop into bullying.

The Swedish Work Environment Authority about bullying and victimisation

Tell the person responsible at your department
Primarily, you should contact the person responsible at your department. Scroll down and read the information from your programme on this page. If you don't know who to turn to, you can contact the head of your department or another university employee. Once you have told someone who works for the University, the University is obligated to investigate, meaning we are required by law to look into what has happened.

If you speak to a student counsellor, it is important to remember that they have a duty of professional secrecy. You need to clearly state that they are allowed to break it and inform the responsible head of your department about what you have reported.

No requirements on how you report
There are no requirements on how you report; it can be done verbally or in writing. It is important to know that a report submitted to the University becomes a public document that can be requested by the public. A verbal report is written down and becomes a public document.

If you want to report anonymously
It might feel safer to report an incident anonymously, but we recommend always making a report with a clear identity of the reporter.

If you report anonymously, it is difficult to take appropriate action. We might need more information from you to investigate, and the accused must have the opportunity to respond to the allegations to ensure legal certainty.

It is good to know that there is protection against retaliation, which means you cannot be treated unfairly or punished for reporting or highlighting discrimination.

If you are unsure whether you want to report an incident to the University, you can contact the GUS Student Ombudsman for a conversation.

Interns are considered equivalent to employees at the internship site according to the Discrimination Act. You are obligated to follow the rules applicable at the workplace, such as those concerning conduct. The employer is responsible for your work environment and must prevent you from being discriminated against, harassed, sexually harassed or subjected to victimisation.

If you feel subjected to such treatment, you should report it to the employer, who will decide on the measures to be taken.

It can also be beneficial to inform someone at the University of Gothenburg. Even though we cannot investigate the incident or decide on measures, we want to ensure that our students have a good VFU or internship placement. We can also support you in making a report.

To ensure that those who wish to report or participate in an investigation of discrimination can do so without fear of negative consequences, there is a protection against reprisals, referred to as a non-retalliation policy at the University. This protection means that university staff are not allowed to subject a person to punishment or unfavorable treatment, and it applies to those who:

• Report or highlight that discrimination (including harassment and sexual harassment) or victimisation has occurred or is ongoing.
• Participate in an investigation.
• "Rejected or given in (agreed to it against their will) to harassment or sexual harassment"

The Equality Ombudsman has more information on the page Prohibition of reprisals.

If you want to talk to someone or have questions about a specific area, you can contact:

GUS student ombud
The student ombudspersons at the University of Gothenburg Student Unions (GUS) can provide support and information. They do not have the same duty to investigate as the employees at the University of Gothenburg, and can offer guidance both before and after you talk to the University. The student ombudsmen can also be present for support when you meet with the University.

Student healthcare services
The student healthcare services are there to support you personally. They can help you manage worry, anxiety, and stress, even though they cannot provide guidance or support in the matter.

Someone at the University you trust
Keep in mind that we, as an educational provider, have a duty to investigate. Student counselors have a duty of professional secrecy, but as soon as other university staff become aware that harassment, sexual harassment, or victimisation may occur, there is an obligation to inform the responsible manager about what has happened.

Equality Ombudsman, DO
The Equality Ombudsman (DO - Diskrimineringsombudsmannen) is a government agency with the task to promote equal rights and opportunities and to combat discrimination.

If you have experienced discrimination, have been subjected to retaliation or think that we have failed in our efforts to prevent discrimination, you can submit a complaint to DO. (If you have been subjected to harassment or sexual harassment at the University of Gothenburg, you should inform us first. Read more under the heading Tell the University.)

The head of the department where you are registered is responsible for examine what has happened.

Not all incidents and situations should be investigated according to the University's procedure for harassment, sexual harassment, and victimisation. Therefore, the head of the department will start by clarify the complaint as quickly as possible – gathering enough information to determine whether an investigation should be initiated.

You may be contacted for an initial meeting where you can explain what has happened. A separate meeting is usually held with the person who has been reported as well.

When the complaints are sufficiently clarified to make a decision, the head of the department decides whether it is possible to conduct an investigation or not.

Examples of situations handled through a different process:

• General study environment issues.
• Discrimination that does not involve harassment or sexual harassment, such as grades not connected to longer sequences of events where this is seen as part of the harassment.
• Conflicts where the study environment is better ensured through other measures.

Purpose
An investigation aims to clarify what has happened, identify any workplace environment challenges, and prevent similar incidents in the future. It should ensure that the head of the department receives objective information, gathered systematically and respectfully. The head of the department uses this information to determine whether harassment, sexual harassment, or victimisation has occurred.

No requirements on how an investigation should be conducted
Investigations can vary, making it difficult to describe the entire process. Sometimes the head of the department appoints an investigator to handle the investigation, sometimes several people need to be interviewed, and sometimes only two meetings are needed. Everyone involved in an investigation receives information on how their investigation will proceed.

The parties should be heard and able to respond to allegations
The investigation should at a minimum include conversations with those involved in the incident(s); the person who feels harassed or offended, the person(s) accused, and any witnesses.

The conversations are conducted individually between the person responsible for the investigation, the involved individual, and any accompanying support person who acts as social support. A support person can be a representative from the student union or a student ombudsman from GUS.

All parties in a case should have the right to access the case, meaning that everything said should be accessible to the other party.

Decision based on the investigation
Based on the investigation, the head of the department should determine:

• Whether harassment, sexual harassment, or victimisation occurred in the investigated situations.
• Whether there were deficiencies in the University’s systematic work environment management or its work with proactive measures.
• A summary of any actions the University will take as a result of the investigation.

Actions
Actions can only be taken if the investigation shows that harassment, sexual harassment, or victimisation occurred, or if there were deficiencies in the University's work.

If the investigation reveals deficiencies in the study environment, systematic work environment management, or active measures, the University of Gothenburg should address these in consultation with work environment representatives and student work environment representatives.

The University can decide on disciplinary actions against students who subject other students or staff to harassment or sexual harassment as defined by the Discrimination Act. (This also applies if students disrupt or obstruct other students' education or the University's operations.) The disciplinary actions that may be taken include a warning or suspension from studies for up to six months. Read more about disciplinary matters.

For individual staff members, employment measures are considered according to a defined process in cases of suspected misconduct, negligence, decisions on disciplinary measures, and termination of employment.

Follow-up on actions
Follow-up is planned and conducted for the actions decided upon. It should review whether the measures have addressed and minimized, preferably eliminated, the risks identified in the investigation.

Information to those involved
There is no requirement on how the decision should be communicated to the individuals involved in a case, only that they should be informed of the university’s decision. If actions are taken, not all parties will necessarily receive information about those actions.