Harassment

The EPFL community’s culture of respect repudiates all forms of sexual and gender-based violence and aggression, as well as any behavior or act that produces discrimination, disparity (inequality, see chapter “Equality, diversity and respect”) between the genders, fear, exclusion, insecurity, degradation that limits opportunities and freedom in the workplace or in the study environment.

Sexual harassment is a form of discrimination (art. 4 of the Federal Act on Gender Equality). It also contravenes the Ordinance of the EPFL on disciplinary measures, (LEX 2.4.0.2).

Sexual or sexist harassment is therefore defined as any comment or act with a sexual connotation, unwanted by the person who is confronted with it, whether it occurs in the context of studies, work or during events peripheral to these (for example, during festivities, colloquia or other events organized by the EPFL). This includes electronic exchanges and telephone calls.

Sexual harassment may be committed by a superior, subordinates, colleagues, students or any other person with whom one may collaborate or interact in the context of work or studies.

It is important to clarify that what is taken into account to characterize a situation of sexual harassment is not the intention of the person who acts, but the way in which the person concerned perceives, receives or feels the behaviour. Thus, even if a person has neither the awareness nor the will to bother another person by his or her words or attitudes, sexual harassment may be constituted.

A single act may be sufficient to constitute sexual harassment.

Sexual harassment can take verbal, non-verbal and physical forms such as :

• Undressing looks, whistling, winking, facial expressions, obscene gestures, etc.
• Sexual assault, sexual coercion, attempted rape or rape
• Advances or insults, or lewd or embarrassing remarks about physical appearance.
• Sexist remarks or jokes about sexual characteristics, sexual behavior or emotional and sexual orientation.
• Display or exhibition of pornographic material.
• Unwelcome invitations for sexual purposes.
• Unwanted physical contact.
• Practices of following colleagues in or out of school.
• Attempted approaches with promises of reward or threats of retaliation.

Sexual harassment can result in sanctions ranging from a warning and reprimand to dismissal.Sexual coercion (Art. 189 Swiss Criminal Code) and rape (Art. 190 Swiss Criminal Code) are criminal offences, defined in the Swiss Criminal Code. Both offences are punishable by a cus- todial sentence.

Sexual violence includes all acts of a sexual nature or concerning sexuality that occur without the explicit con- sent of all persons involved. Sexual assault is any form of unwanted physical contact on the buttocks, sex, breasts, mouth or between the thighs (as defined by the Swiss Criminal Code and case law).

Any person can be a victim of sexual harassment and violence. However, certain categories of people are more exposed to sexual and sexist harassment and violence that aim to establish and/or perpetuate a relationship of domination, particularly related to gender.

Flirting is a part of life, also at EPFL. It is therefore important to distinguish harassment from flirting. Sexual harassment aims to establish a relationship of power and domination. Flirting is distinguished from harassment by the following aspects :

Flirting

• is a reciprocal approach
• is constructive, stimulating
• is desired by both parties
• is a source of pleasure
• increases self-confidence
• respects personal boundaries

Harrasment

• is a one-sided approach
• is degrading, hurtful
• is not desired by one party
• is a source of irritation
• diminishes self-confidence
• violates personal boundaries

According to the State Secretariat for Economic Affairs (SECO)¹, mobbing is a form of attack on the integrity of the person. The actions that constitute mobbing can take different forms :

• Attacks on the ability to communicate: e.g. preventing the person from expressing himself, constantly interrupting him, shouting at him.
• Damage to social relations: e.g. refusing all contact with the person, not greeting them, ignoring them, excluding them, isolating them.
• Damage to reputation: e.g. ridiculing the person, spreading rumours about them, mocking them, humiliating them, making insulting remarks.
• Damage to quality of life and employment status: e.g. assigning absurd, inappropriate or offensive tasks, gratuitous criticism, depriving the person of important tasks.
• Attacks on health: e.g. overloading the person with work, threatening him or her or inflicting physical violence.

Psychological harassment is defined as negative and destructive actions by one or more persons, directed or indirectly against a third party, which are repeated systematically, frequently and over a prolonged period of time, and which are intended to harm and discredit a person, to isolate or exclude him or her, and to progressively remove him or her from his or her job or program of study.

It is a set of events that, taken in isolation, may seem benign but, because of their repetition, have a destructive effect on the person.

1. SECO provides a non-exhaustive list of the forms that psychological harassment can take on its website and has published several articles on this subject.

Not every unpleasant experience constitutes mobbing. However, situations that do not formally constitute mobbing can nevertheless cause tension and suffering. Do not hesitate to clarify the situation, to talk about it around you and to ask for help if necessary.

For example, it is not considered as mobbing to :

• Demand an improvement in performance
• Express criticism in a constructive way
• Unwisely give instructions without intending to do so
• Have a verbal argument or violent disagreement
• Be occasionally ill-tempered.

These behaviors constitute an attack on personal integrity and can have serious repercussions on the health of the persons concerned, on their social relationships and on their professional performance and career.

It may also have a negative impact on the general working atmosphere in the department concerned and on the serenity of the people around them.

In general, everyone suffers from such situations, which hinder the proper execution of missions or projects, not to mention the damage to the image and reputation of EPFL.

Those responsible for psychological or sexual harassment face serious consequences, regardless of their status or function. Such allegations may give rise to an administrative and/or disciplinary investigation and, if confirmed, to sanctions that will depend on the seriousness of the facts and may range from a warning or reprimand to dismissal or exclusion. These sanctions are provided for in the Ordonnance sur le personnel du domaine des Écoles polytechniques fédérales and the Ordinance of the EPFL on disciplinary measures.

Anyone who intentionally and improperly accuses an innocent person of harassment is subject to the same consequences.

EPFL will protect any person who, in good faith, reports facts perceived as harassment. No form of retaliation will be tolerated against such persons.