Sexual Harassment at Work and the Ethics of Dual Relationships

Council approved the following statement at its meeting on 22 May 1993. A Briefing Paper explaining the background follows the statement.

1.1 Introduction

The British Psychological Society recognises the problem of sexual harassment in the work place and is committed to helping to prevent it. Sexual harassment will not be tolerated and such behaviour runs counter to employment policy and to the BPS Code of Conduct.The British Psychological Society is committed to taking prompt action to advise members and to respond to complaints about members. Proven sexual harassment will constitute grounds for disciplinary action under the Code of Conduct.

The Society also regards consensual sexual relationships between staff and trainees or students as an important professional issue. Such relationships raise serious questions of conflict of interest, of trust, confidence and dependency in working relations and of equal treatment in teaching, learning and selection, assessment and research. Advice to members about sexual harassment and their professional responsibilities in the context of consensual dual relationships is contained in the items which follow.

1.2 Sexual harassment

Sexual harassment is defined as any unwelcome verbal or physical sexual advances, requests for sexual favours or other verbal or physical conduct of a sexual nature when either:

(a) the conduct interferes with another person's work or creates an intimidating, hostile or offensive working environment; or

(b) submission to this conduct is made implicitly or explicitly a term or condition of a person's education or employment; or

(c) submission to or rejection of such conduct is used as a basis for decisions affecting a person's employment and/or educational prospects.

Sexual harassment can consist of a single intense or severe act or of multiple persistent or pervasive acts and it does not have to be explicitly sexual in nature. Any behaviour which ridicules or denigrates a person because of his or her gender may be deemed harassment.

1.3 Dual relationships

Dual relationships are those in which the psychologist is acting in at least one other role besides a professional one; for example, the psychologist is supervising a student to whom s/he is married or the psychologist is teaching a student s/he is dating. Some dual relationships may not be harmful although the risks of damage to either the normally impartial professional role of the more senior partner, or to the personal or social status of the more junior partner, are high. Such relationships carry the risk of deleterious consequences for the more junior partner, a conflict of interests for the senior partner, a risk of impairment to professional judgement, and the risk to the quality of the working environment for others.

2. General good practice for psychologists involved in teaching and training

(a) Students, trainees and staff should be free to pursue their professional and academic activities without any kind of overt or covert harassment.

(b) Any form of sexual advance or request for sexual favours by supervisors, trainers or teachers engaged in a professional relationship with students or trainees is unacceptable.

(c) Remarks or inferences on the part of the teacher or trainer which serve to identify personal, physical or sexual characteristics of the student, trainee or other colleague which are offensive to the recipient(s) are unacceptable, even if the remarks were intended to be friendly and/or humorous.

(d) Supervisors, tutors and teachers should not use sexist language.

(e) Tutors should cultivate an awareness of power structures and tensions within teaching groups, in particular where one sex is in a minority.

(f) Supervisors and tutors should make clear to students that agreed procedures for cases of sexual harassment exist both within the work place and the Society. Students and trainees should be informed of the existence of such policies as part of their induction.

(g) Supervisors and teachers have an affirmative duty to maintain their work places free from sexual harassment and intimidation.

(h) Psychologists in training or students subjected to sexual harassment should report such conduct to a specified management figure.

(i) Staff should recognise their professional and ethical responsibility to protect the interests of students and trainees, to respect the trust involved in the staff/student relationship and accept the constraints inherent in that responsibility.

(j) Staff should recognise the difficulties which may be consequent upon consensual sexual and/or romantic relationships or other (e.g. familial) dual relationships between supervisors or teachers and trainees or students which include problems associated with the maintenance of boundaries of professional and personal life, disruption of teaching or learning, bias in assessment or damage to the quality of the working environment.There may also be difficulties for other members of the group of trainees or staff.

(k) It is the responsibility of the staff member concerned to inform appropriate colleagues or superiors and to separate themselves from any professional responsibility towards the student or trainee. Staff should be aware that failure to initiate this course of action will make them vulnerable to allegations of favouritism.

(l) Students or trainees who are, or who have been, involved in sexual and/or romantic relationships with staff and who do not consider their involvement to have been truly consensual have the right of complaint under the Code of Conduct.

3 Policy and information for individuals making a complaint

(a) If you feel you are being subjected to harassment in any form, do not feel that it is your fault or that you have to tolerate it.

(b) If possible, make it clear to the person that such behaviour is unacceptable to you.

(c) It does not constitute consent to harassment if you feel unable to speak to the person about it, nor will it prejudice any complaint you may bring. It is a good idea to keep a record or a 'diary' of the behaviour and events you have found unacceptable and any action you took.

(d) Talk in confidence to a personnel manager or to someone in authority; you may be accompanied by a friend or a colleague. Further action will not normally be taken without your consent.

(e) If the behaviour continues (many cases are dealt with successfully by someone talking to the person who you alleged harassed you) then you or someone acting on your behalf may make a formal complaint which may lead to initiation of disciplinary procedures.

(f) If you are one of a group of trainees, one of whose number is engaged in a consensual sexual and/or romantic relationship with a member of staff, you may feel that you have cause for complaint.Your complaint may concern favouritism shown to the trainee, disruption to the quality of the working environment, or perhaps it may arise as a consequence of your view that the relationship is abusive. It is good practice to seek the advice of a member of staff.

(g) You have a right to know about any policy which exists on sexual harassment and to know the consequences of any action taken.You may pursue action or redress through your employer (and/or the employer of the alleged harasser), through the relevant Trades Union and/or with the Society (if the alleged harasser is a member). These cases will be pursued independently in accordance with the policies of the respective organisations.

(h) If you have been attacked or assaulted you should seek help immediately (there are various support organisations you may wish to contact) and you should seek medical help and advice. In particular, you should report the incident(s) to the police; it is important for your own protection and the protection of others that the offender is dealt with. Any sexual relationship or behaviour that occurs without your full consent or into which you were coerced (implicitly or explicitly) is unacceptable and may constitute harassment, or an assault and/or an offence.

4 The role of the Society

(a) Under the terms of its Royal Charter of incorporation, the Society is required to investigate all allegations of professional misconduct against its members, many of whom are Chartered Psychologists. All complaints have to be investigated by procedures which are set out in the Society's Statutes, as approved by the Privy Council.

A leaflet is available which sets out in easy terms, how to complain about a psychologist - Making a Complaint Against a Psychologist

(b) If following investigation, an allegation against a member is upheld by a Disciplinary Committee, one of several actions may be taken.The member found guilty of professional misconduct may be expelled or suspended from membership of the Society, have his or her name removed from the Register of Chartered Psychologists, or both. Alternatively a reprimand or severe reprimand may be accompanied by a request for an undertaking to refrain from continuing or repeating the offending conduct.

(c) For any allegation against a member of the Society to be considered formally, the Statutes require that 'the allegation shall be in writing and shall be accompanied by as full an account of the relevant facts as possible'.

(d) However, where a person has been the recipient of sexual harassment, she or he may be reluctant to put the complaint in writing and counselling or advice upon the appropriate course of action may be needed. In such situations an informal and, if deemed necessary, anonymous approach, should be made to the Society's Investigatory Committee.

(e) The Clerk of the Investigatory Committee will listen to the complaint sympathetically and, on request, promptly arrange for a member of the appropriate gender (the complainant may choose) to meet and listen to the complainant or someone seeking advice on their behalf.

(f) During any such confidential, informal meeting when the complaint is discussed, the complainant may wish to be accompanied by a friend or advisor of their own choice, including a legal representative.