Govt drafts tough sanctions for sex pests in workplaces, varsities
By Auther Chimbgwa
Sex pests who prey on students within the country’s learning institutions and workplaces face wage reduction, demotion or expulsion in extreme cases, according to a policy document on Sexual Harassment authored by the Higher and Tertiary Education Ministry.
According to the policy, disciplinary action shall be taken by the appropriate authority within the institution in accordance with the Code of Conduct and stipulated sanctions.
The sanction meted out must be appropriate and proportionate to the severity of the harassment perpetrated, according to the document.
If sanctions are not proportionate to the harassment perpetrated, then such sanctions will be tantamount to a miscarriage of justice and institutional betrayal of victims, the document further states.
Among the measures imposed, a person reported for committing sexual harassment faces verbal or written warning against the abuse.
They also face adverse performance evaluation, reduction in wages, demotion, suspension; and or dismissal, blacklisting by the ministry.
Sex predators could also be suspended or expelled from their workplaces.
The nature of the sanctions shall depend on the gravity and extent of the case.
When judgment is eventually passed, either party has the right to appeal against the decision.
“Disciplinary action shall be taken by the appropriate authority within the institution in accordance with the Code of Conduct and stipulated sanctions provided… the sanction meted out must be appropriate and proportionate to the severity of the harassment perpetrated.
“If sanctions are not proportionate to the harassment perpetrated, then such sanctions will be tantamount to a miscarriage of justice and institutional betrayal of victims.”
According to the policy, “retaliation against any individual who reports an incident of SH or who participates in an SH investigation is prohibited and is a violation of this policy that constitutes separate grounds for disciplinary action”.
“A claim of retaliation by a complainant, respondent, or witness may be pursued using the steps set out in the disciplinary procedures. If evidence exists to support that retaliation occurred, appropriate action is to be taken regardless of the outcome of the underlying SH complaint.”
“The committee handling SH cases should investigate all claims of retaliation. Retaliation shall be treated as a separate offence.
“HTEIs must prohibit retaliation against any individual who, in good faith, makes a complaint of SH or participates as a witness in a proceeding under this policy.
“Anyone who retaliates against an individual involved in proceedings under this or any other HTEI policy may be subjected to disciplinary action.”
According to the policy, sexual harassment can be committed either through physical or verbal conduct.
Unwelcome physical contact includes patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching; violence, including sexual assault or stalking.
Verbal involves comments on one’s physical appearance, sexually coloured comments, stories and jokes; repeated and unwanted requests for dates or physical intimacy; insults based on the sex of the student/staffer/colleague; condescending or paternalistic remarks that are demeaning of a person’s gender or sex; Swearing or using inappropriate language that is sexual in conversation.
