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Discrimination may be an isolated event, policy, decision, conduct, omission or a series of them affecting one person or a group of persons similarly situated, and may manifest itself through harassment or abuse of authority.

Harassment may take the form of words, gestures, actions or other conduct which tend to annoy, alarm, abuse, demean, intimidate, belittle, humiliate or embarrass another or which create an intimidating, hostile or offensive work or study environment.

While typically involving a pattern of behaviour, it can take the form of a single incident. Disagreement leyy work performance is normally not considered harassment and is not dealt with under this policy but under the Staff Manual of the University.

Similarly, disagreement on academic performance is not normally considered harassment and is not dealt with under this policy but under the Student Handbook of key University. Sexual harassment may occur between persons of different or same sex. Persons of any sex, gender identities, or sexual orientations can be either the victims or the offenders. The present policy shall also be applicable to the extent it is not inconsistent with the said law.

Global Database on Violence against Women

This is particularly serious when a person uses their influence, power or authority to improperly influence the career or employment conditions of another, including, but not limited to, appointment, assignment, contract renewal, performance evaluation or promotion. It is equally serious when an academic or non-academic staff member uses their influence, power or authority to improperly influence the career or academic conditions of a student or alumnus.

Resident and Visiting faculty of the University are expected to exercise reasonable academic quality control over performance by students, and therefore, their actions or decisions relating to assignment of grades, extension of deadlines, supervision of academic work, feedbacks, amongst others, will not normally constitute abuse of authority.

Abuse of authority may also include conduct that creates a hostile or offensive work environment which includes, but is not limited to, the use of intimidation, threats, blackmail or coercion. Discrimination and harassment, including sexual harassment, are particularly serious when accompanied by abuse of authority.

Legislation Costa Rica (Lexadin)

It is possible for the same act or omission to constitute more than one prohibited conduct at the same time. Consequently, any form of discrimination, harassment, including sexual harassment, or abuse of authority is prohibited.

Due to the nature of their administrative and academic authority, there is also an inherent power imbalance between staff of the University and students. This prohibition also applies to visiting faculty in their relationships with students. Any form of prohibited conduct at the University or in connection with its activities is a violation of these principles and may lead to disciplinary action, whether the prohibited conduct takes place at the University, in the course of official travel, an official mission, or authorized field course, or in other settings in which it may have an impact on the University.

Similarly, the policy shall apply to all other consultants and contractors in whose contracts the present policy has been incorporated. A Report of prohibited conduct may also be submitted by a third party who has direct knowledge of the situation, in accordance with Clause 5.

They must act as role models by upholding the highest standards of conduct. Managers and supervisors, including in the academic departments and programmes, have the obligation to ensure that complaints of prohibited conduct are promptly addressed in a fair and impartial manner in accordance with Section 5 below. Failure on the part of managers and supervisors to fulfil their obligations under the present policy may be considered a breach of duty, which, if established, shall be reflected in their annual performance appraisal, and may result in administrative or disciplinary action, as appropriate.

In the discharge of its duty to take all appropriate measures to ensure a harmonious work and study environment and to protect its staff and students from any form of prohibited conduct, the following preventive measures will be used. In particular, all staff members and students shall be required to complete a mandatory online training programme on prevention of discrimination, harassment, sexual harassment and abuse of authority. Only students who successfully complete the programme shall be entitled to graduate or receive transcripts from the University.


Specific training will be provided to those involved in informal resolution and the formal procedures set out in Section 5 below. Similarly, the Director for Academic Administration shall ensure that all students are provided with a copy of this policy upon commencement of their academic studies at UPEACE. Staff members, students and other stakeholders may also consult any of the other officials listed in section 5 below.

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The aggrieved individual may choose an informal or a formal resolution process, as explained below. Regardless of the choice made, the aggrieved individual is encouraged to prepare vosta keep a written record of events, notingdates, places, a description of what happened and the names of any witnesses and of anyone who may have information concerning the incident or situation at issue.

An informal approach, including Restorative Justice, offers the opportunity to resolve a complaint or grievance in a non-threatening and non-contentious manner.

Aggrieved individuals are encouraged to notify the offender of their complaint or grievance and ask them to stop the conduct that gives rise to the said complaint or grievance, as, in some instances, the alleged offender may not be aware that their behaviour is offensive. However, disparity in power or status or other considerations may make direct communication or confrontation difficult, and aggrieved individuals are not required to confront the offender.

In no circumstances can informal approach be forced onto either coosta aggrieved individual or the alleged offender. Where the prohibited conduct complained of also constitutes a criminal offence, such as in aggravated forms of sexual harassment, informal resolution cannot be a substitute for formal procedures, although they dica take place in addition to such formal procedures.

Depending on the situation and on their level of comfort with one official rather than another, they may seek the assistance of any of the following:. Where the prohibited conduct complained of may also constitute a criminal offence, such as in aggravated forms of sexual harassment, the officials listed in Clause 5.

If the temporary assignment of the aggrieved party or the alleged offender to another position is proposed, this may not take place without the consent of the individual concerned.

In case the complaint is against one of the Co-Ombudspersons, then the written or electronic complaint may be submitted either to the other Ombudsperson or to the Rector of the University. The complaint or report should include:. In case of complaint against one of the Co-Ombudspersons, the role of the said Ombudsperson for the purpose of the formal procedures applicable to that case shall be taken over by the Rector. No Panel shall have all members of the same sex.

In cases involving sexual harassment where the aggrieved individual is a female, then the Panel shall have two female members. In case the Panel is established for a complaint or report involving a student as either a victim or an alleged offender, then one member of the Panel shall be a representative of the student body.


The Panel members should treat the situation with the necessary and appropriate sensitivity and confidentiality. In cases of sexual harassment, a pro-victim approach will be adopted, which for the purposes of this policy, includes the principle that in case of doubt, an interpretation in favour of the victim should be preferred.

The alleged offender shall be informed of the nature of the allegation s against them. In order to preserve the integrity of the process, information that may undermine the conduct of the investigation or result in intimidation or retaliation shall not be disclosed to the alleged offender at that point.

This may include the names of witnesses or particular details of incidents. The following precautionary measures may be adopted:. In case the alleged offender is a student, choice between relocation to a programme or course other than that of the victim, or taking alternative courses in the online modality will be presented to the alleged offender, who shall be entitled to choose between the two options provided.

In case the alleged offender is a student, in exceptional cases where the presence of the alleged offender on campus or in online courses may vitiate the study or work environment, the student may be suspended from participation in academic coursework at the University. Except where the student concerned is determined to have committed a prohibited conduct in accordance with this policy, the University shall guarantee enrolment in the courses missed during the period of suspension, or alternative courses in case the coordinator of the programme and the student concerned agree, when they are so offered in the next academic year.

Following the meeting, the Panel shall promptly serve a notice to the alleged offender along with the following:. A period of no less than ten days from the issuance of the notice shall be given to the alleged offender to submit a written response along with any testimonies or documentary evidence in support of their case.


The Panel shall also state in the notice, the date, place and time when the first hearing shall take place.

Such hearing shall be scheduled at a date no sooner than the expiry of ten days from the end of the period afforded to the alleged offender to respond to the notice.

The notice shall be signed by all members of the Panel. A copy of the notice along with all its annexes shall be provided on the same day to the aggrieved individual. The aggrieved individual or alleged offender may also provide a list of witnesses whose testimonies they wish to produce in the hearings. The aggrieved individuals and alleged offenders are entitled to be represented by lawyers in such hearings.

In a case concerning sexual harassment, Panels shall endeavour to complete the hearing in no more than two sittings. After the conclusion of the hearings, the Panel shall prepare a detailed preliminary report within a period of ten days, giving a full account of the facts that the Panel has ascertained and attaching all documentary evidence, such as written statements by witnesses or any other documents or records relevant to the alleged prohibited conduct.

The preliminary report shall be provided to the aggrieved individual and the alleged offender at the same time. A period of ten days from the date of provision of the preliminary report to the aggrieved individual and the alleged offender shall be provided to them to respond in writing to the preliminary report. A prior notice of at least ten days shall be provided to the aggrieved individual and the alleged offender with respect to the date and place of the final hearing.

The Final Report of the Panel shall contain the following:. In case there is more than one Dean, then the Rector shall designate the Disciplinary Authority on a case-by-case basis. The final decision along with detailed reasons shall be promptly communicated to the aggrieved individual and the alleged offender.

In case the Disciplinary Authority is the Rector, then appeal may be submitted to the President of the Governing Council of the University. Appeals shall be decided within a period of 10 days from the date of such submission. Decisions on appeals shall be communicated to the aggrieved individual and the alleged offender at the same time. Such action may include costta training, reprimand, a change of functions or responsibilities, counselling or other appropriate corrective rkca.

The aggrieved individual shall costta promptly informed of the final measures determined as appropriate. Without prejudice to the applicable laws, such disciplinary action may include written reprimand of misdemeanour reflected in work performance appraisal, suspension without pay for an appropriate period, or dismissal without any liability on the part of the University, amongst others.

The decision of the Rector shall be final for the purposes of this policy. In all cases, the aggrieved individual shall be informed by the Rector of the outcome rcia the investigation and of dosta action taken. Extension of timelines should not be granted in cases involving sexual harassment, in relation to which the final decision must be made within a period of three months from the date of complaint or report.

In cases where Co-Ombudspersons or in cases of complaint against one of the Co-Ombudspersons, then the Rector ,ey the other Co-Ombudsperson cannot come to a consensus on any of their joint tasks under this Section, a third member may be appointed by the Rector on a case-by-case basis as necessary. The purpose of such monitoring shall be leh ensure that all parties comply with their duty to cooperate with the investigation and that no leg is subjected to retaliation as a result of the complaint or the investigation.

These measures may include, but are not limited to, the following:. Departamento de Estudios Regionales. Right to Development and the SDGs. Resident Faculty Visiting Faculty. Job and Internship Opportunities. Section 3 – Duties of Stakeholders 3.

Section 5 – Corrective measures 5. Depending on the situation and on their level of comfort with one official rather than another, they may seek the assistance of any of the following: The complaint or report should include: The following precautionary measures may be adopted: Following the meeting, the Panel shall promptly serve a notice to the alleged offender along with the following: The Final Report 74766 the Panel shall contain the following: Section 6 – Monitoring General 6.

Monitoring during the investigation 6. These measures may include, but are not limited to, the following: Section 7 – Final provisions 7.