VALUE STATEMENT …………………………………………………………………………………………………. 1
PURPOSE ………………………………………………………………………………………………………………… 2
OPERATIONS MANUAL ……………………………………………………………………………………………. 3
APPLICATION OF THE POLICY ………………………………………………………………………………… 4

5. COMPLAINTS THAT MAY BE LODGED IN TERMS OF THIS POLICY ….. 4

RELATIONSHIP WITH OTHER POLICIES …………………………………………………………………… 9
CONFIDENTIALITY …………………………………………………………………………………………………… 9
FUNDING …………………………………………………………………………………………………………………. 9
REPEAL OF POLICIES ……………………………………………………………………………………………… 9
ASSOCIATED DOCUMENTS ……………………………………………………………………………………… 9
APPENDICES …………………………………………………………………………………………………………. 10
RESPONSIBILITY FOR IMPLEMENTATION ………………………………………………………………. 10
POLICY LIFE CYCLE ………………………………………………………………………………………………. 10
DOCUMENT METADATA …………………………………………………………………………………………. 10

1. VALUE STATEMENT

Taking cognisance of the vision and mission and underlying values enshrined in the Point Uni’s Strategic Plan, the University seeks to build an inclusive, affirming and transformed institutional culture, curriculum and campus and residence life.

Point Uni rejects and condemns racism, sexism, homophobia, transphobia, xenophobia, ethnic chauvinism, religious intolerance, unfair discrimination, hate speech, sexual harassment and harassment based on other prohibited grounds, gender-based violence and violence based on other prohibited grounds, and retaliation, in all its forms.

Point Uni commits itself to the eradication of these practices.

This policy aims to create an enabling framework to address individual, structural and systemic forms of discrimination and exclusion and to ensure procedural as well as substantive justice.

It mandates the establishment of University structures with a campus-wide reach to offer forms of redress to individual complainants which are just, fair and transparent; and to pro-actively prevent unfair discrimination.

This policy recognises that the work of building an inclusive, affirming and transformed University cannot be achieved merely through the adoption of measures such as new policies and the establishment of institutions. However important such steps are, realising the vision of a transformed university will ultimately depend on the persistent, day-to-day individual and collaborative efforts of all who work and study at the University.

2. PURPOSE

The aim of this policy is to promote the achievement of procedural and substantive equality; to prevent the following actions being taken by Point Uni staff members, students and third parties (to the extent provided for in the Operations Manual); and to provide support and remedies where they occur:

2.1 Unfair discrimination

2.2 Hate speech

2.3 Harassment

2.4 Violence

where any of these actions are based on one or more of the following grounds: race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth; or other comparable grounds including country of origin, HIV status, socio-economic status, albinism, gender identity, gender expression, intersex status, class, political opinion, year of study, physical appearance, body shape, mental health status, or occupation (further in this policy referred to as prohibited grounds); and

2.5 Retaliation

Insofar as this document relates to violence, it focuses specifically on violence based on prohibited grounds; it does not in any way condone or diminish culpability for violent conduct that is not based on prohibited grounds.

The policy is also aimed at ensuring that the University and University community condemn unfair discrimination in all its manifestations and take proactive steps to promote a culture of inclusivity.

While the University’s legal competence to hold third parties to this policy is limited, it commits itself to take all reasonable steps to communicate and enforce the ethos of this policy in this regard.

3. OPERATIONS MANUAL

3.1 The University is obliged to make appropriate and accessible institutional arrangements for the effective implementation of this policy.

3.2 The Operations Manual accompanying this policy sets out the procedures to be followed to implement this policy.

3.3 The Executive may amend the Operations Manual as may be required from time to time, as circumstances change.

3.4 The Operations Manual must, at least, set out the following matters:

The applicable forum(s) that is responsible for the implementation of this policy and how its effectiveness will be ensured (its resourcing; its visibility and accessibility; its marketing).

How an independent complaint investigating procedure will be ensured.

Counselling, support, protection and advice to complainants.

Promoting an inclusive culture, recommendations about structural reforms, and liaison with transformation committees.

The various complaint resolution mechanisms open to the parties.

Definitions and clarification of terms and phrases used in this policy (including the test for the recognition of further prohibited grounds; how this policy applies to service providers, contractors, visitors, and other third parties; the test for fair/unfair discrimination; how measures for redress of past disadvantage must be considered; reasonable accommodation for persons living with disabilities; and examples of conduct that amounts to harassment, sexual harassment, sexual assault, intimate partner violence and rape).

Detailed guidance on the burden of proof.

An explanation of and detailed guidance on how appropriate confidentiality must be ensured.

Staffing, resources, data collection, reports on the implementation and utilisation of the policy, the provision of training, standing to lodge a complaint, and support to minors.

Marketing of this policy to the broader University community – all reasonable steps that the University must take to create awareness of the policy and the processes to be followed in addressing complaints arising from non-compliance with this policy.

3.5 The Operations Manual may contain any other provisions that relate to the implementation of this policy.

4. APPLICATION OF THE POLICY

The policy is applicable to all Point Uni staff and students, as well as service providers, contractors, visitors, and other third parties present on any of the Point Uni campuses or other facilities, to the extent set out in the Operations Manual.

5. COMPLAINTS THAT MAY BE LODGED IN TERMS OF THIS POLICY

The examples provided below are not exhaustive and are only provided for clarification purposes.

5.1 UNFAIR DISCRIMINATION

5.1.1Discrimination is any act or omission that directly or indirectly disadvantages another person based on one or more prohibited ground or based on the perceived membership of the complainant of group(s) identified by one or more prohibited ground.

5.1.2 Subject to section 5 of the Employment Act 55 of 2014, as part of the University’s commitment to achieving substantive equality, it is not unfair discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination or the members of such groups or categories of persons.

5.1.3 As part of the University’s commitment to achieving substantive equality, all students and staff with disclosed disabilities will have access to reasonable accommodations that will allow them to meaningfully participate in all processes outlined in this policy.

5.1.4Whether discrimination is “fair” or “unfair” is established by making a value judgment in accordance with the criteria set out in section 4-7,14-16 of the Gender Equality Act 4 of 2015 and as further clarified in the Operations Manual.

5.1.5 The complainant must present the forum referred to in paragraph 3.4(a) with all relevant information on the conduct that in their view amounts to discrimination. The complainant will then be assisted to establish whether or not this policy was breached. If discrimination is proven, the respondent must then, to escape penalty, prove that the discrimination was fair.^[1]

5.2 HATE SPEECH

5.2.1Hate speech is any communication (consisting of, for example, words, images, chants, songs, flags, symbols, slogans or pictures) that could reasonably be construed to demonstrate a clear intention to:

hurt or insult or degrade (where a reasonable person, informed by the values of the Constitution, would also have been hurt or felt insulted or degraded in the same circumstances); or
harm or incite harm against; or
promote or propagate hatred against

any person or group of persons belonging to or assumed to belong to a group identified by one or more prohibited ground.

5.2.2 Hate speech may include the flying of flags, singing of songs, offensive logo’s on clothing, written or graphic material that is placed on walls or notice boards or elsewhere on University premises, or circulated in the workplace or educational setting including by email, text messaging, social media and voicemail.

5.2.3 The complainant must present the forum referred to in paragraph 3.4(a) with all relevant information on the conduct that in their view amounts to hate speech. The complainant will then be assisted to establish whether or not this policy was breached. If hate speech is proven, the respondent must then, to escape penalty, prove the existence of a ground of justification.^[2]

5.2.4 No defence of “fair” hate speech may be raised.

5.3 HARASSMENT AND SEXUAL HARASSMENT

5.3.1 Harassment is:

Any conduct which demeans, humiliates, or intimidates, where a reasonable person, informed by the values of the Constitution, would also have felt demeaned, humiliated or intimidated in the same circumstances, or creates a demeaning or hostile or intimidating environment, where a reasonable adjudicator, informed by the values of the Constitution, would also come to the conclusion that a demeaning or hostile or intimidating environment was created, and which is based on a person belonging to or assumed to belong to a group identified by one or more prohibited ground;

any conduct which is calculated to induce submission by actual or threatened adverse consequences or implied or expressed promise of reward; and which is based on a person belonging to or assumed to belong to a group identified by one or more prohibited ground.

5.3.2 Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual. Sexual attention becomes sexual harassment if the behaviour is persisted in (although a single, serious incident may suffice); and

the recipient has made it clear that the behaviour is considered offensive; or

a reasonable person, informed by the values of the Constitution, would have come to the conclusion that the perpetrator should have known that the behaviour is regarded as unacceptable.

5.3.3 Harassment and sexual harassment may vary in degree of severity or complexity. This must be taken into consideration when dealing with the complaint.

5.3.4 Sexual harassment includes actions such as grabbing, groping, kissing, fondling, inappropriately long hugs, suggestive touching, leering, making gestures, stalking; flashing; grading or rating of appearance by verbal comment, or wolf whistling, or other noises; repeated, unwanted requests for dates; repeated, unwanted comments on a person’s appearance; derogatory comments, including in relation to person’s gender non-conformity; requests or demands for sex in exchange for improved marks, accommodation in residences, enrolment, appointments, advancement in the workplace, promotions or other needs and benefits; spying, or intruding upon persons in residences while bathing or dressing; and streaking. Sexual harassment includes actions such as non-consensual recording or broadcasting of sexual activity; non-consensual distribution of photographs or other images of or information about another person’s sexual activity, nakedness or intimate parts; and non-consensual voyeurism.

5.3.5 Harassment and sexual harassment include written or graphic material that is placed on walls or notice boards or elsewhere on University premises or circulated in the workplace or educational setting including by email, text messaging, social media and voicemail.

5.3.6 The complainant must present the forum referred to in paragraph 3.4(a) with all relevant information on the conduct that, in their view, amounts to harassment or sexual harassment. The complainant will then be assisted to establish whether or not this policy was breached. Relevant information may include the particulars of the conduct complained of; if the respondent should have known that the conduct is regarded as unacceptable; the dynamic and nature of the relationship between the parties, if any; the degree to which the conduct affected the education or employment of the parties; the nature, scope, frequency, duration and location of the incident(s); the identity, number and relationships of the persons involved.

5.3.7 No defence of “fair” harassment may be raised.

5.4 VIOLENCE BASED ON PROHIBITED GROUNDS

5.4.1 The University rejects violence in all its forms, which is prohibited in various policies of the University, and the laws of Malawi.

5.4.2 That said, this policy focuses specifically on violence based on prohibited grounds.

5.4.3 Gender-based violence includes sexual harassment, sexual assault, intimate partner violence and rape, and may occur in teaching and learning spaces, in workspaces, in residential spaces and in public spaces on the university’s campuses, involving staff, students, contractors and visitors. It includes actions such as physical assaults by intimate partners; or actions against individuals perceived as gender nonconforming; or preventing or interfering with a partner’s studies by, for example, withholding fees.

5.4.4 Other forms of violence based on one or more prohibited ground include an offence recognised under any law, the commission of which by a respondent is motivated by the respondent’s prejudice, bias or intolerance towards the complainant and which is related to the complainant belonging to or being assumed to belong to a group identified by one or more prohibited ground.

5.4.5 All reports of sexual assault, rape and attempted rape must be treated with the appropriate level of confidentiality and all complainants treated with respect and dignity. The same principles apply to complainants physically injured by unknown assailants or their intimate partners, or any person assaulted on the basis of gender, sexuality or gender expression. The University should pursue the resolution of complaints irrespective of the initiation or outcome of criminal proceedings. Complainants are not required to pursue a public prosecution or disciplinary process solely on the basis that they have reported an incident of rape to the MPS or the University. Neither may they be dissuaded from pursuing public prosecution or University disciplinary processes.

5.4.6 Taking into account the complainant’s state of mind, the complainant must present the forum referred to in paragraph 3.4(a) with relevant information, to the extent that they can provide, to enable investigators and counsellors to investigate the conduct complained of, and to support the complainant. The information should focus on the conduct that in the complainant’s view amounts to gender-based violence or other forms of violence based on one or more prohibited ground. The complainant will then be assisted to establish whether or not this policy was breached. Relevant information may include the particulars of the conduct complained of; the dynamic and nature of the relationship between the parties, if any; the degree to which the conduct affected the education or employment of the parties; the nature, scope, frequency, duration and location of the incident(s); the identity, number and relationships of the persons involved.

5.4.7 No defence of “fair” gender-based violence or other forms of violence based on one or more prohibited ground may be raised.

5.5 RETALIATION

5.5.1 Retaliation is conduct, including threats, intimidation, reprisals, adverse employment or educational actions taken against any other person (such as a complainant, witness or other party) related to a good faith complaint or belief that a complaint had been lodged.

5.5.2 The complainant must present the forum referred to in paragraph 3.4(a) with all relevant information on the conduct that in their view amounts to retaliation. The complainant will then be assisted to establish whether or not this policy was breached. Relevant information may include the particulars of the conduct complained of; the dynamic and nature of the relationship between the parties, if any; the degree to which the conduct affected the education or employment of the parties; the nature, scope, frequency, duration and location of the incident(s); the identity, number and relationships of the persons involved.

6. RELATIONSHIP WITH OTHER POLICIES

To the extent that this policy cannot be reconciled with other Point Uni and Faculty policies, this policy must be given preference and must be given effect until such time as conflicting Point Uni and Faculty policies have been amended to conform to this policy.

7. CONFIDENTIALITY

Complaints are investigated and dealt with in a manner that ensures the appropriate confidentiality of parties and the nature of the complaint.

8. FUNDING

Adequate funding and resources must be progressively allocated towards the implementation of this policy and allocated fu nds and resources must be efficiently utilised.

9. REPEAL OF POLICIES

Policies will be reviewed and repealed as is appropriate.

10. ASSOCIATED DOCUMENTS

This policy should be read in conjunction with the Constitution of the Republic of Malawi, 1994; the Employment Act 55 of 2022; the Labour Relations Act 54 of 1997; the Criminal Procedure and Evidence Code Act 36 of 1967and 14 of 2010; the Gender Equality Act 3 of 2023; the Disability Act 2012; as well as the following Point Uni policies and procedures: Code of Conduct for Members of Council; Whistle-blowers Policy; HIV and AIDS Policy; Language policy; Policy on Social Media; Disciplinary Code and Procedure for Employees; Code of Conduct for Employees; Disciplinary Code: University-Controlled Residences; General Rules: Disciplinary Code for Students as published annually in the Point Uni rules and regulations on the general website; Pregnancy in Residences; Residence Placement Policy; Students with Disabilities; Policy for Staff with Disabilities; Code of Conduct Applicable to Personal Relationships Between Employees and Students; Diversity Posts – Policy, Purpose and Relevant Procedures, as amended or replaced.

11. APPENDICES

Appendix A: Operations Manual to implement the policy

Appendix B: Complaint form

RESPONSIBILITY FOR IMPLEMENTATION

Office of the Registrar

POLICY LIFE CYCLE

This policy should be reviewed every four years.

14. DOCUMENT METADATA

Document number:	Point Uni 2024 1
Document version:	First edition
Document approval authority:	Council
Document approval date:	12 February 2024
Document owner:	Registrar
Document author(s):
Next review date:	February 2028
Visibility: Display on staff intranet Display on student intranet Display on public web	Yes Yes Yes

Appendix A

Anti-Discrimination policy: Operations Manual

Operations Manual on the prevention of unfair discrimination, hate speech, harassment, violence based on prohibited grounds, retaliation, and the promotion of substantive equality

Document type: Manual

Policy Category: Governance

1. PURPOSE………………………………………………………………………………………………. 1

2. ORGANISATIONAL SCOPE…………………………………………………………………….. 2

3. RELATIONSHIP WITH OTHER POLICIES…………………………………………………. 2

4. IMPLEMENTATION MECHANISM…………………………………………………………….. 3

5. FIRST RESPONDER PSYCHOLOGICAL FIRST AID…………………………………. 5

6. DEFINITIONS AND CLARIFICATIONS……………………………………………………… 6

7. LODGING OF COMPLAINTS AND PROCEDURE TO ADDRESS COMPLAINTS…………………………………………………………………………………………………………………. 12

8. DISCIPLINARY SANCTIONS………………………………………………………………….. 15

9. BURDEN OF PROOF…………………………………………………………………………….. 15

10. WHO MAY LODGE A COMPLAINT?………………………………………………………. 16

11. ADDITIONAL SICK LEAVE……………………………………………………………………. 16

12. SOCIAL ASSISTANCE………………………………………………………………………….. 17

13. FUNDING…………………………………………………………………………………………….. 17

14. PROMOTION OF SUBSTANTIVE EQUALITY…………………………………………. 17

15. CONFIDENTIALITY………………………………………………………………………………. 21

16. RESPONSIBILITY FOR IMPLEMENTATION OF THE OPERATIONS MANUAL…………………………………………………………………………………………………………………. 21

17. OPERATIONS MANUAL LIFE CYCLE……………………………………………………. 21

1. PURPOSE

This Operations Manual must be read with the Anti-Discrimination Policy. This manual operationalises the policy and it provides the mechanism for implementation of the AntiDiscrimination Policy.

2. ORGANISATIONAL SCOPE

2.1 The policy and manual apply to:

Point Uni in all its manifestations, including all its committees, all its faculties and departments and support services.
All Point Uni programmes and short courses and activities on and off campus and abroad;
All Point Uni staff and all Point Uni students; and
Third parties (eg service providers, contractors, visitors, parents) to the extent set out in this manual.

2.2 Point Uni must communicate the policy and manual to contractors and ensure compliance by agreement with contractors that they will abide by the policy and manual while working on the university’s premises.

2.2 Visitors, and other third parties present on any of the University campuses or other facilities, are expected to abide by the policy and manual and any applicable laws in this regard, and the University reserves the right to take appropriate steps, should infractions occur.

Where the alleged perpetrator is an intimate partner, family member, friend, neighbour, acquaintance or other community member or unknown to the complainant, the Point Uni Transformation Office’s role will predominantly be supportive where the ethos that the University has committed to must be conveyed to third parties, where reasonably practicable.

The University Council and its Executive are legally obliged to ensure that all complaints lodged in terms of the policy are investigated and, where appropriate, remedied insofar as is reasonably possible in terms of the policy and this manual.

If a complaint is lodged against a member of Council the matter must be referred to the Human Resources Committee of Council to investigate and to finalise the matter on behalf of Council. The Committee shall determine its own procedures taking into account the rules of natural justice. Should a member of the Human Resources Committee of Council be implicated, such member must be recused from this process.

3. RELATIONSHIP WITH OTHER POLICIES

3.1 The policy and manual must be read with existing HR and student policies and procedures.

3.2 Subject to 3.3, to the extent that the policy and manual cannot be reconciled with other Point Uni and Faculty policies, the policy and manual must be given preference and must be given effect until such time as conflicting Point Uni and Faculty policies have been amended to conform to the policy and manual.

3.3 Where a policy that arose from a collective bargaining agreement cannot be reconciled with this policy and manual, such other policy will be given effect to until such time as such other policy is amended through appropriate channels.

4. IMPLEMENTATION MECHANISM

4.1 The policy and manual are implemented by the following staff and student members collectively referred to as the “Point Uni Transformation Office”:

Point Uni Transformation Director (post to be created);
A full-time advocacy and training practitioner (post to be created);
A full-time investigator (post to be created);
A full-time counsellor (post to be created);
Where appropriate and if required, additional psychologists and counsellors currently appointed through Point Uni Health and Wellness;
Where appropriate and if required, The Centre for the Study of Sexualities, Aids and Gender (CSA&G) staff and students (who raise awareness; provide training; provide peer counselling)
- The Point Uni Transformation Office shall coordinate the implementation of this policy; collate data and report on the implementation and utilisation of the policy; receive complaints; counsel, support and advise complainants; ensure speedy resolution of complaints; promote this policy; and liaise with all transformation committees across the University.

The Point Uni Transformation Office shall be housed at the Point Uni Head office. All persons must feel that this is a service that they can access. The service shall be accessible on a walk-in basis (07:30 to 16:00). A full after-hours on-call service shall be established.

The Transformation Director is the head of the Point Uni Transformation Office. The Transformation Director takes responsibility for the overall coordination of the tasks assigned to the Point Uni Transformation Office in this manual. The Transformation Director is responsible for the overall management and coordination of the University Transformation Office, including its budget, marketing and awareness raising, development of protocols, and reporting functions. The Transformation Director reports to and through the Registrar.

The Transformation Director should develop detailed job specifications for each of the staff members in the Transformation Office as soon as reasonably possible after their appointment. All staff should be appropriately qualified and appropriately trained.

The counsellor(s) should preferably be trained as a social worker or psychologist and is responsible for making initial contact with complainants and providing ongoing psychosocial support to the complainant throughout the process.

The investigator(s) should have appropriate Human Resources, Psychology or Legal training and is responsible for investigating complaints. This function may overlap with existing Employee Relations (ER) functions or line manager functions and in some instances may involve external attorneys. The investigator cannot play the role of counsellor.

The Transformation Office should, in collaboration with the Department of University

Relations (DUR), develop and implement advocacy and awareness raising activities surrounding the policy and manual, aimed at creating an inclusive culture and preventing the prohibited conduct outlined in this policy.

The Transformation Director must put appropriate training programmes in place for the entire Point Uni community on the policy and relevant national legislation as well as in race, sexualities (femininities, masculinities), gender (encompassing the wide range of gender identities and belonging), sexual cultures among students, disability, cultural and racial issues and issues that arise from sexual, cultural and racial identities, so that all staff are able to appreciate the social, political, and racial context(s) of human behaviours.

Transformation Office staff must pay particular attention to the following considerations:

that the complainant may have a lack of trust in university structures, including the fear of retaliation;
that the complainant may be dissuaded from pursuing formal complaints;
that the complainant may be reluctant to engage with processes seen to be lengthy and which offer inadequate support and protection to complainants;
that the complainant may experience feelings of confusion, guilt and uncertainty over the incident(s), including self-blame, or concerns about possible complicity;
that the complainant may fear being labelled and stigmatised;
that the complainant may experience complex feelings of respect and admiration for the alleged perpetrator, including not wanting to adversely affect their future and career;
that the complainant may have received inadequate psycho-social support to date;
that the complainant may believe that ignoring the behaviour will cause it to stop; and
complainants may interpret institutional silence around the complaints prohibited in this policy as indicating that their concerns are not taken seriously whereas it may simply be a reflection of treating the matter with appropriate confidentiality.

4.11 The Transformation Office must, in due course, develop comprehensive protocols guiding the provision of support to complainants and should for example, include:

the provision of advice and assistance;
supportive measures, including crisis counselling; assistance with access to MPS where requested; assistance with access to emergency medical care; and other relevant services;
protective measures to mitigate the impact of the attack or the reporting thereof upon the complainant. These may include change of student residence, where requested; change of academic classes and academic relief, where appropriate; and/or special leave (staff) or leave of absence (students), where appropriate; and
measures to protect the complainant from the alleged perpetrator when not arrested or on bail including exclusion of the alleged perpetrator from campus in appropriate circumstances, no contact orders, or (depending on the circumstances) protection orders in terms of the Prevention of Domestic Violence Act or Gender Equality Act.

A brochure should be developed on the referral systems that are in place. The brochure should set out the avenues that a complainant may pursue, as well as all contact details (eg criminal courts).

Complainants must have free access to different forms of emotional and social support regardless of whether or not proceedings are instituted. Complainants must be advised on the criminal justice system, as well as civil remedies in the ordinary courts and equality courts.

Some of the forms of prohibited conduct outlined in the policy also amount to crimes in terms of Malawi law. Complainants may therefore lodge complaints in terms of this manual as well as lay a criminal charge at a police station. The two processes run independently of each other and the progress made and outcome of the one process has no bearing on the progress made and outcome of the other process.

5. FIRST RESPONDER PSYCHOLOGICAL FIRST AID

Counsellors at the Transformation Office and selected staff members at every Faculty, Residence and Support Service Department should preferably be trained as first responders and after such training should be capable of providing psychological first aid in cases of rape and sexual assault. The training should deal with at least the following topics:

the need to and how to establish contact with the complainant;
the need to and how to ensure that the complainant has been referred to crisis counselling;
the need to and how to ascertain whether the complainant has made a complaint to MPS and if not, encourage and assist them to do so in appropriate cases, taking into account that the MPS processes are often slow, unwieldy and in some cases can be re-traumatising;
the need to and how to ensure that complainants have received medical attention;
the need to and how to provide information on the availability of longer-term support and to ensure that the counsellor follows up within 24 hours;
in the follow up to the initial report, how to provide an appropriate environment for the complainant to make their statement to the institution if such statement is necessary (ie when the alleged perpetrator is part of the institution), and offer assistance in making the statement;
how to provide information on the criminal justice process and explain the support role that can be provided by Point Uni;
how to inform the complainant about the differences between the criminal justice process and the Transformation Office processes (where relevant);
how to inform the complainant of the supportive and protective measures available to them; and
how to provide a referral for the complainant to receive medium term support or counselling.

6. DEFINITIONS AND CLARIFICATIONS

6.1	UNFAIR DISCRIMINATION IN TERMS OF THE EMPLOYMENT ACT In circumstances where the Employment Act applies, the Employment Act provides that no person may unfairly discriminate, directly or indirectly against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or any other arbitrary ground. All applicable Codes of Good Practice issued in terms of national labour legislation must be read with this definition.
6.2	UNFAIR DISCRIMINATION FOR ALL OTHER CASES For all other cases (outside of the scope of the Employment Act), discrimination is any act or omission that directly or indirectly imposes a burden or withholds a benefit from a person based on one or more prohibited ground or based on the perceived membership of the complainant of group(s) identified by one or more prohibited ground. Burden includes any mental, psychological, physical or economic harm. Prohibited grounds race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, country of origin, HIV status, socio-economic status, albinism, gender identity, gender expression, intersex status, class, political opinion, year of study, physical appearance, body shape, mental health status, or occupation. any other ground where discrimination based on that other ground − (i) causes or perpetuates systemic disadvantage; or undermines human dignity; or adversely affects the equal enjoyment of a person’s rights and freedoms in a serious manner that is comparable to discrimination on a ground in paragraph (a). As part of the University’s commitment to achieving substantive equality, it is not unfair discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination or the members of such groups or categories of persons. Whether discrimination is “fair” or “unfair” is established by making a value judgment as set out below. All relevant factors must be considered in a holistic way. The factors to be considered include the following:
	the context; whether the discrimination impairs or is likely to impair human dignity; the impact or likely impact of the discrimination on the complainant; the position of the complainant in society and whether he or she suffers from patterns of disadvantage or belongs to a group that suffers from such patterns of disadvantage;^[3] the nature and extent of the discrimination; whether the discrimination is systemic in nature; whether the discrimination has a legitimate purpose; whether the discrimination entails an inherent job requirement; whether and to what extent the discrimination achieves its purpose; whether there are less restrictive and less disadvantageous means to achieve the purpose; and whether and to what extent the respondent has taken reasonable steps to address the disadvantage which arises from or is related to one or more of the prohibited grounds.
6.3	DISABILITY DISCRIMINATION As part of the university’s commitment to achieving substantive equality, all students and staff with disclosed disabilities will have access to reasonable accommodations that will allow them to meaningfully participate in all processes outlined in this policy. Disability is imposed by society when a person with a physical, psychosocial, intellectual, neurological and/or sensory impairment is denied access to full participation in all aspects of life, and when society fails to uphold the rights and specific needs of individuals with impairments. Persons with disabilities experience three main types of interrelated barriers: social (including high cost, lack of disability awareness, and communication difficulties); psychological (such as fear for personal safety); and structural (including infrastructure, operations and information). Reasonable accommodations: Any modification or adjustment to the environment that will enable a student with a disability to have access to or to participate or advance in academia and campus life. These measures ensure that persons with disabilities enjoy equal opportunities and are equitably represented in the community to the extent that it does not cause the University unjustifiable hardship. Unjustifiable hardship: Significant difficulty or expense being incurred by Point Uni with respect to the provision of reasonable accommodation to a particular student or staff member with a disability. It means that an accommodation would be unduly costly, expensive, substantial, or disruptive to the detriment of Point Uni in the context of Point Uni’s overall budget and spending.

6.4 COMPLAINANT

Any person who may lodge a complaint of unfair discrimination, harassment, violence based on prohibited ground(s), hate speech or retaliation in terms of clause 10 of this manual.

6.5 COMPLAINT

A complaint of unfair discrimination, harassment (including sexual harassment), violence based on prohibited ground(s), hate speech or retaliation as may be lodged in terms of the policy.

6.6 “THE POLICY”

The Anti-Discrimination Policy

6.7 GENDER

Gender is a term that refers to social or cultural distinctions imposed on individuals and which are associated with being male or female.

6.8 GENDER EXPRESSION

Gender expression refers to every person’s outward presentation of gender, typically through appearance, dress, and behaviour. Usually the outward presentation is a reflection of that person’s gender identity, but this is not always the case. In some cases, a person’s gender expression may result in assumptions about their gender identity or sexual orientation which are inaccurate.

6.9 GENDER IDENTITY

Gender identity is a person’s gendered sense of self.

6.10 HARM OR HARMFUL includes any mental, psychological, physical or economic harm.

6.11 MANAGER OR LINE MANAGER

Any Point Uni staff member with managerial, supervisory or warden responsibilities.

6.12 RACE

Race is a social construct that draws on visible physical characteristics and invisible, socially defined cultural competencies that are imposed on individuals and groups to categorise, classify and rank them for the purposes of producing racialised hierarchies of power and social worth.

6.13 ALLEGED PERPETRATOR (RESPONDENT)

A Point Uni student, Point Uni staff member, Point Uni contractor or visitor to any Point Uni campus, alleged to have engaged in unfair discrimination, harassment, gender-based violence, hate speech or retaliation either in their personal or official capacity, acting alone or in concert, or acting as part of an executive committee or faculty or departmental or residence committee or any other decision-making body within the university context.

6.14 SEX

Sex refers to a person’s biological status, assigned at birth, and typically categorized as male, female, or intersex (i.e., atypical combinations of features that usually distinguish male from female). There are a number of indicators of biological sex, including sex chromosomes, gonads, internal reproductive organs, and external genitalia.

6.15 POINT UNI CONTRACTOR

Any person contracted by Point Uni, or in the employ of a company contracted by Point Uni to perform services, whether academic, training, support, utilities, security, or any other services.

6.16 POINT UNI STAFF MEMBER(S)

All persons appointed by Council in the employ of the University; all staff appointed against external funds working on university premises; guest lecturers; invigilators; extraordinary and honorary professors and lecturers; all student appointments such as tutors, markers and research assistants; and any person who has agreed to be bound by the rules and policies of the University relating to staff. For all these categories it is irrelevant if the appointment is fixed-term, full-time or part-time.

6.17 POINT UNI STUDENT(S)

All persons registered as undergraduate or postgraduate students in terms of the regulations of the University; all participants in short courses presented by Enterprises@Point Uni; any person who has agreed to be bound by the rules and policies of the University relating to students, including visiting students.

6.18 SEXUAL HARASSMENT may include, but is not limited to, victimisation, quid pro quo harassment and sexual favouritism. A single incident of unwelcome sexual conduct may constitute sexual harassment if it was serious.^[4] It may include actions such as grabbing, groping, kissing, fondling, inappropriately long hugs, suggestive touching, leering, making gestures, stalking; flashing; grading or rating of appearance by verbal comment, or wolf whistling, or other noises; repeated, unwanted requests for dates; derogatory comments, including in relation to a person’s gender non-conformity; requests/demands for sex in exchange for improved marks, accommodation in residences, or other needs and benefits; spying, or intruding upon persons in residences while bathing or dressing; and streaking. It includes actions such as non-consensual recording or broadcasting of sexual activity; non-consensual distribution of photographs or other images of or information about another person’s sexual activity, nakedness or intimate parts; and nonconsensual voyeurism. In terms of the Sexual Offences Act flashing is defined as exposing genital organs, buttocks, or female breasts to the view of others.

In circumstances where the Employment Act applies, sexual harassment is unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to employment equity in the workplace, taking into account all the following factors –

whether the harassment is on the prohibited grounds of sex and/or gender and/or sexual orientation;
whether the sexual conduct was unwelcome; and
the nature and extent of the sexual conduct and the impact of the sexual conduct on the employee.

In circumstances where the Employment act applies, consideration must be given to the terms of the Employment Act of 2000, on the handling of sexual harassment cases in the workplace.

6.19 HARASSMENT includes written or graphic material that is placed on walls or notice boards or elsewhere on University premises, or circulated in the workplace or educational setting including by email, text messaging, social media and voicemail.

The Protection from Harassment Act 17 of 2011 (South Africa) describes harassment as “directly or indirectly engaging in conduct that the respondent knows or ought to know causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person by unreasonably (i) following, watching, pursuing or accosting the complainant or a related person, or loitering outside of or near the building or place where the complainant or a related person resides, works, carries on business, studies or happens to be; (ii) engaging in verbal, electronic or any other communication aimed at the complainant or a related person, by any means, whether or not conversation ensues; or (iii) sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant or a related person or leaving them where they will be found by, given to, or brought to the attention of, the complainant or a related person”.

6.20 GENDER-BASED VIOLENCE

Where people do not comply with gender expectations, violence, abuse and discrimination may be employed to force conformity, to punish, or to assert dominance. As a consequence, while both men and women experience violence, the nature of the violence they experience is distinctively gendered. Gender-based violence (GBV) is most often directed at women and girls as the obvious bearers of the female and feminine. The use of violence to institute and maintain particular forms of gender relations is also influenced in complex ways by perpetrators’ ideas about the complainant’s race, disability, social class and citizenship status, amongst other factors. These factors similarly influence how others respond to instances of GBV, as well as complainants’ access to support. GBV takes different forms in different societies and at different historical points. These forms may include the physical, sexual, emotional and psychological, as well as the social and the economic.

6.21 SEXUAL ASSAULT

Sexual assault refers to different forms of unwanted touching and sexual contact as defined in the Criminal Procedure and Evidence Code 14 of 2010.

6.22 INTIMATE PARTNER VIOLENCE

Intimate partner violence is one of the forms of family violence dealt with by Gender Equality Act 1 0f 2018. Those to whom the law applies include people who,

“are or were in an engagement, dating or customary relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration” irrespective of these relationships are heterosexual . The Act defines domestic violence as including, among other things, harassment, abuse of a physical, sexual, emotional, verbal and/or physical nature, stalking and intimidation, as well as any other form of controlling behaviour.

6.23 RAPE

Rape is an unlawful and intentional act of sexual penetration with another person without that person’s consent. Sexual penetration can be vaginal, anal and oral. While acts of oral penetration are only considered rape when penetration is accomplished by a genital organ, in the case of vaginal and anal penetration, both penetration by any body part, or an object, constitutes rape. Malawi law recognises that consent must be freely given and thus distinguishes between submission and consent. Where coercive circumstances are present, the law treats these as undermining of consent. Coercive circumstances may include the use of force or intimidation by the alleged perpetrator against the complainant, another person or the property of these persons; a threat of harm, real or perceived, by the alleged perpetrator against the complainant, another person or the property of these persons; an abuse of power or authority such that the complainant is inhibited from expressing their resistance or unwillingness to participate in the act; false pretences or by fraudulent means; the inability of the complainant to appreciate the nature of the act of sexual penetration, including where the complainant is at the time of the commission mentally disabled, asleep or unconscious, in an altered state of consciousness, including, but not limited to, under the influence of any medicine, drug, alcohol or other substance, to the extent that their ability to consent is adversely affected.

7. LODGING OF COMPLAINTS AND PROCEDURE TO ADDRESS COMPLAINTS

7.1 Should one of the complaints recognised in the policy occur, the complainant may approach any of the following:

HR business partner (for staff)
Line manager (for staff)
Faculty Student Advisor (for students)
Head of Residence (for residence students)
Other residence staff (for residence students)
A lecturer (for students)
A SRC member (for students)
Security staff (for staff and students)
The Transformation Director
The Point Uni Hotline

On receipt of a complaint, the role-players listed above should offer initial support and guidance but must bring the complaint to the attention of the Transformation Office as soon as reasonably possible. A complainant may also approach the Transformation Office as first point of contact.

On being informed of a complaint, the Transformation Office staff arranges for the formal lodging of the complaint, the allocation of a reference number, its investigation, its resolution, and ongoing support to the complainant.

A complaint is lodged at the Transformation Office by completing the complaint form (Annexure B).

On completion of the complaint form, the Transformation Office staff:

ascertains if the complaint form has been completed correctly and offers assistance if the form has not been completed correctly or if supplementary information is required;
ensures appropriate confidentiality;
refers the complainant to appropriate support and counselling;
determines the nature and severity of the complaint;
identifies the alleged perpetrator and arranges for a written response from them;
informs the alleged perpetrator of their rights and explains the process fully;
in case of a complaint against a staff member, fully informs and consults with the line manager and with Employee Relations (ER).

All complaints pertaining to an employee must, with due allowance for the seriousness of the complaint, be referred to Employee Relations (ER) as soon as reasonably possible.

Allegations of sexual harassment must immediately (as soon as is reasonably possible in the circumstances, and without undue delay, taking into account the nature of sexual harassment, issues of sensitivity, a fear of reprisals, and the relative positions of the complainant and alleged perpetrator) be brought to the attention of the Transformation Director.

The Transformation Director must, as soon as is reasonably possible after a complaint has been lodged and the requirements listed in 7.4 above have been completed, conduct a preliminary investigation or arrange for a preliminary investigation to be conducted to make a prima facie assessment of the soundness of the complaint.

The Transformation Director / investigator has the right to:

consult all relevant parties;
take the necessary steps to address the complaint in accordance with this manual and the policy;
take the necessary steps to resolve the complaint;
advise the complainant of the informal and formal procedures available to deal with the complaint, as set out in this manual and explain these procedures;
where reasonably practicable, refer the complainant for advice, assistance and counselling, including during any disciplinary investigation that may be instituted;
if the investigation discloses a prima facie case, advise the complainant that they may choose which procedure should be followed by the University, except that in certain limited circumstances as set out below under “Formal Procedure”, the University may choose to follow a formal procedure even if the complainant does not wish to do so; and
re-assure the complainant that they will not face job loss or any adverse consequences if they choose to follow either the formal or informal procedure.

Should the Transformation Director be of the opinion that no prima facie case exists in favour of the complainant, the complaint is dismissed and the Transformation Director furnishes reasons in writing for the dismissal of the complaint.

Should the complainant, after receipt of written reasons, still be of the opinion that the policy has been breached, an appeal may be lodged with the Registrar who may deal with the matter at their discretion, including arranging for the establishment of a panel to consider the appeal.

Should the investigation indicate that the complainant maliciously lodged a complaint, they may be subjected to a disciplinary investigation in accordance with the applicable Disciplinary Code for Staff or Students, as the case may be.

Should the Transformation Director be of the opinion that a prima facie breach of the policy has been established, they must, with the consent of the complainant, follow one of the following procedures:

7.13 Informal Procedure

7.13.1 A complainant may choose to follow either of the following informal procedures:

the complainant, another appropriate person or the Transformation Director explains to the alleged perpetrator that the conduct in question is not welcome, that it offends the complainant, makes them feel uncomfortable and that it interferes with their work or studies; or
an appropriate person approaches the alleged perpetrator, without revealing the identity of the complainant, and explains to the alleged perpetrator that certain forms of conduct constitute a breach of the policy, are offensive and unwelcome, make the employee/student feel uncomfortable and interfere with their work/studies.
An appropriate restorative justice process if an appropriately trained restorative justice practitioner is available.

7.13.2 The person facilitating the process writes a report on the outcome of the informal procedure and files it at the Transformation Office.

7.14 Formal Procedure

A complainant may choose to follow a formal procedure, either with or without first following an informal procedure.

Should the complainant decline to follow an informal procedure, or should the informal procedure be unsuccessful, the complainant may request that the Transformation Director refer the complaint to Legal Services via the Registrar who must further treat the complaint as a disciplinary matter in terms of the existing disciplinary codes and practices of the University.
Should the Transformation Director be of the opinion that a person is reluctant to lay a complaint or to proceed with it as a result of possible intimidation or victimisation, the Transformation Director may, on own initiative, refer the matter to Legal Services via the Registrar, who must further treat the complaint as a disciplinary matter in terms of the existing disciplinary codes and practices of the University.
The preliminary investigation referred to above serves mutatis mutandis as a preliminary investigation as intended in the Disciplinary Code for Staff or Students as the case may be.

The Transformation Director may, with the permission of the complainant, in addition to the informal procedure and disciplinary action, submit proposals to the Registrar in terms of which problems emanating from the complaints could be resolved.

Should the matter not be satisfactorily resolved by the procedures set out above, a complainantmay refer the dispute to a relevant forum outside of the University such as the Victim Support Unit (VSU). Similarly, an alleged perpetrator may refer a dispute arising from disciplinary action taken by the University to the VSU or another appropriate forum.

It will be misconduct to victimise or retaliate against a complainant who lodges a grievance of sexual harassment in good faith.

The Code of Good Practice on the handling of Sexual Harassment as contained in the Labour Relations Act 1996 must be adhered to.

The Transformation Office staff must ensure that no unreasonable delays occur during the investigation, continuation or conclusion of any complaint.

The Transformation Director must keep the complainant updated on the process as often as is reasonably practicable.

All Transformation Office staff must take all reasonable precautions to ensure the safety of the complainant.

8. DISCIPLINARY SANCTIONS

In the event of disciplinary action conducted in terms of the Disciplinary Code for staff or students, the following aspects must be considered but the outcome remains in the presiding officer’s discretion:

8.1 The sanction must be proportionate to the seriousness of the breach of the policy.

8.2 The sanction must be reconcilable with all relevant applicable national legislation such as the Employment Act.

8.3 Innovative sanctions may be imposed in furtherance of Point Uni’s values and the spirit, purport and objects of the policy.

9. BURDEN OF PROOF

9.1 For complaints of unfair discrimination where the Employment Act applies, if unfair discrimination is alleged on the grounds listed in section 6(1) of the Act, the employer against whom the allegation is made must prove, on a balance of probabilities, that such discrimination did not take place as alleged or is rational and not unfair, or is otherwise justifiable; if unfair discrimination is alleged on an arbitrary ground, the complainant must prove, on a balance of probabilities that the conduct complained of is not rational; that the conduct complained of amounts to discrimination and the conduct is unfair.

9.2 For complaints of unfair discrimination where the Employment Act does not apply, the onus is on the complainant to establish that the conduct complained of amounted to discrimination and the onus is on the alleged perpetrator to establish that the discrimination was fair.

9.3 For complaints of hate speech, the complainant is required to establish that the communication complained of breaches the policy either by the communication’s normal meaning, or as inferred from the circumstances. The alleged perpetrator is required to establish that a ground of justification is available in the circumstances. No defence of “fair” hate speech may be raised. The following grounds of justification may be raised to a complaint of hate speech: (a) good faithengagement in artistic creativity; (b) good faithacademic or scientific inquiry;^[5] (c) fair and accurate reporting in the public interest; or (d) any of the common law defences available to a defendant in claims based on insult.

9.4 For complaints of sexual harassment, the complainant is required to establish the particulars of the conduct complained of and that the alleged perpetrator should have known that the conduct was unwelcome. The complainant and alleged perpetrator must provide as much relevant information as they can reasonably provide, such as evidence of the dynamic and nature of the relationship between the parties; the degree to which the conduct affected the education or employment of the parties; the nature, scope, frequency, duration and location of the incident(s); the identity, number and relationships of the persons involved to substantiate their claims.

10. WHO MAY LODGE A COMPLAINT?

10.1 A complaint in terms of this policy may be lodged by:

any person acting in their own interest;
any person acting on behalf of another person who cannot act in their own name;
any person acting as a member of, or in the interests of, a group or class of persons; (d) any person acting in the public interest; and

(e) any association or staff association or student society acting in the interests of its members.

10.2 The whistle-blowing procedure as contained in the Point Uni Whistle Blowing Policy may be used by third parties to report incidents of unfair discrimination, hate speech, harassment, sexual harassment, retaliation, and violence based on one or more prohibited ground.

11. ADDITIONAL SICK LEAVE

11.1 Where an employee’s existing sick leave entitlement has been exhausted, the University should give due consideration to granting additional paid sick leave in cases of serious unfair discrimination, harassment, hate speech or retaliation, where the employee, on medical advice, requires trauma counselling.

11.2 In appropriate circumstances, the University may give consideration to assisting with the cost of the medical advice and trauma counselling, where such amounts are not covered by any applicable medical aid scheme.

12. SOCIAL ASSISTANCE

Should it be deemed necessary by the Transformation Director, any complaint, or related intimidation or victimisation may be referred to the Student Support Services Division of the University in the case of students, or to EAP at Point Uni (the employee assistance program) in the case of staff members, for counselling, attention and support.

13. FUNDING

13.1 Adequate funds and resources must be allocated towards the implementation of this policy and allocated funds and resources must be efficiently utilised to ensure:

the provision of coordinated, sensitised, specialised, professional, integrated and multi-disciplinary complainant-centred services;
the appropriate and targeted training of all staff and students involved in implementing any aspect of the policy, including informal or formal complaints procedures, support and assistance to complainants; and
effective awareness programmes around the policy, including preventative programmes.

The allocated resources must be regularly monitored to ensure collective accountability.

The Department of University Relations must support the Transformation Director in identifying and sourcing sustainable donor funding for the management of complaints lodged in terms of this policy.

14. PROMOTION OF SUBSTANTIVE EQUALITY

14.1 Point Uni community has a duty to promote and advance the achievement of substantive equality and the creation of a campus environment where difference and diversity are celebrated.

14.2 Point Uni community has a duty to proactively create an institutional culture that is inclusive, affirming and fair and where everybody is treated with dignity.

14.3 The Transformation Office must collate all relevant information for legislative reporting purposes, such as:

the number of cases dealt with, distinguishing between those perpetrated oncampus and those off-campus;
the profile of complainants and respondents;
the nature of the complaints lodged;
the outcome of complaints;
how many cases were settled;
the manner in which cases were settled;
training provided to staff and volunteers responsible for implementing the policy;
the nature and extent of efforts made to provide information about the various policies to staff and students;
any programmes or other interventions undertaken to improve safety and reduce incidents of conduct prohibited in this policy;
budget and expenditure on addressing conduct prohibited in this policy;
time taken to resolve the cases; and
actions taken to mitigate obstacles to resolution of cases.

The Transformation Office must submit bi-annual reports to the Institutional Transformation Committee; copied to the Director: HR, the Registrar and the Vice Principal: Student Affairs. The bi-annual reports must be collated into an annual report that must be addressed to the Vice-Chancellor and Principal and must be tabled before Council. These reports must be discussed at the Institutional Transformation Committee and Council and actionable items minuted and followed up.

The Transformation Office must, in its annual report to the Vice-Chancellor and Principal and Council, make recommendations on how the promotion of substantive equality may best be achieved, including proposals on amendments to existing university and faculty policies. The annual report should include proposals on how best to provide complainants with appropriate access to the mechanisms of justice, and, as provided for in national legislation, to just and effective remedies for the harm they have suffered; how to inform complainants of their rights in seeking redress through such mechanisms of justice; how to create or strengthen institutional mechanisms so that complainants can report complaints in a safe and confidential environment, free from the fear of penalties or retaliation; how to create, improve or develop and fund training programmes for judicial, legal, medical and security personnel to sensitise such personnel to the nature of the behaviour prohibited in this policy so that fair treatment of complainants can be assured; proposals on how to develop and implement strategies for familiarising staff and students with this policy and protocols developed in terms of this policy; how to develop and implement curriculum development strategies as well as programmes aimed at responding to and preventing conduct prohibited in this policy.

All line managers, heads of departments and others in positions of authority must ensure that they are well educated in the ways in which conduct prohibited in this policy may manifest itself and how to work with staff and students to ensure an open and trusting environment. They need to be familiar with this policy and the processes of how to report on and lodge complaints. They must ensure that:

complainants feel safe and supported to make complaints;
the Faculties’, Residences’, and Support Service Departments’ transformation committees and Point Uni Transformation Office are well-known and respected; and

(d) if the complaint is made to them, they make effective and efficient referrals and report the matter as soon as possible.

14.7 Assessment of line managers’ implementation of this policy must form part of their annual performance plan and performance appraisal.

14.8 All members of the University community should create and maintain a working environment in which the dignity of all affected individuals is respected. A climate in the University community should also be created and maintained in which complainants will

not feel that their grievances are ignored or trivialised, or fear retaliation. Implementing the following guidelines can assist in achieving these ends:

The employer, management, employees and students are required to refrain from committing acts prohibited in this policy.
All employers, management, employees and students have a role to play in contributing to creating and maintaining a working environment in which the conduct prohibited in this policy is unacceptable. They should ensure that their standards of conduct do not cause offence and they should discourage unacceptable behaviour on the part of others.
The employers and management should attempt to ensure that persons such as customers, suppliers, job applicants and others who have dealings with the University are not subjected to unfair discrimination, harassment, hate speech and retaliation by the employer or its employees.
The employers and management should take appropriate action in accordance with this policy where instances of unfair discrimination, harassment, hate speech and retaliation occur in the university environment.

The Transformation Office must establish links with both the local police station, as well as the local health facility to which MPS take complainants who report rape.

The Transformation Office must develop a protocol for campus security, clinic staff and wardens of residences around responding to rape and other assaults in their immediate aftermath. This must include training such staff as first responders.

The Transformation Office, in collaboration with DUR, must take a range of additional steps to create awareness of the policy and to support its use. These could include:

Display of a plain language summary of this policy (or relevant posters) at strategic points where students are likely to congregate on campuses (such as fees offices) and residences. This includes making the policy and plain language summaries available online;
Raising awareness of this policy during residence programmes and staff and student orientation and development. Attention to conduct prohibited in terms of this policy must be a feature of orientation activities for first-year students who may be particularly vulnerable to exploitative and abusive behaviour. As part of their orientation, students could for example be required to complete a module on this policy, which may include testing around its contents, especially in relation to defining complaints and reporting any such incidents;
Develop plain language summaries of the policy and manual and place them on the Point Uni web and send an annual reminder to all staff and students to familiarise themselves with the policy and manual;
Providing comprehensive and ongoing training around conduct prohibited in terms of this policy to all personnel involved in the implementation of the policy, from campus security, to investigators/reporting officers. Workshops should also be conducted with student bodies, including the SRC and Faculty Houses;
Ongoing awareness-raising of this policy’s existence and the university’s condemnation of all forms of conduct prohibited by this policy. Faculties and departments must ensure that their class schedules allow for at least one discussion of this policy per semester. This should be unannounced to ensure that it is not made an occasion for skipping class;
Measures to increase awareness and knowledge of this policy; to be addressed to academic staff, service workers, unions, campus security, contractors, students, and visitors;
Safety audits aimed at identifying either those situational contexts, or parts of campus, where students and staff feel unsafe, or where abuse could easily occur. Where environmental design provides opportunities for abuse, or security is inadequate, taking steps to address these deficiencies. Such measures may include providing adequate lighting at night, help lines and staff and students accompaniment by security personnel to residences, offices or other places. Situational contexts, which often arise in residences, may be addressed by the adoption of new rules and procedures, or through workshops;
Campus-wide workshops and discussions, including in residences, that allow for critical exploration of gender, sex, intimacy and ethical conduct. These should aim to address the norms, behaviours, attitudes and practices that condone conduct prohibited in this policy. These initiatives should also allow for and encourage the implementation of other programmes demonstrating efficacy in the prevention of conduct prohibited in this policy, such as bystander interventions and self-defence training. Documenting and evaluating these and any other programmes that are developed to enable broader sharing of effective interventions with other universities;
Discussions and interventions should also attend to the relationship between campus drinking cultures and conduct prohibited in this policy. While alcohol, per se, does not cause violence, it can facilitate and excuse its expression, as some university-based studies and reports suggest. Liquor outlets in the vicinity of university campuses should be approached to ensure the responsible sale of alcohol, amongst other measures; and
Encouraging and supporting staff and student activism on conduct prohibited in this policy. Given the violence that staff and students experience off-campus, the Transformation Office should look beyond the university’s immediate environment to engage in localised community-based initiatives and campaigns addressing conduct prohibited in this policy.

The Transformation Office must address residence cultures to create a safe and open climate to address issues such as sexual harassment, violence, racism and culture. The Transformation Office must develop and implement information and education campaigns that are specific to residence cultures, behaviours and activities.

The Transformation Office must support research into campus practices and cultures that are inimical to this policy.

The Transformation Office must support ongoing innovative and creative prevention and promotion campaigns that are vibrant, changing and address issues in ways that fully engage students on the matters addressed in this policy.

The Transformation Director must annually report fully on the activities of the Transformation Office and express a view on the effectiveness of the policy. The report must be addressed to the Vice-Chancellor and Principal and should be tabled before Council.

15. CONFIDENTIALITY

15.1 All responses to complaints must maintain the appropriate confidentiality and privacy of the complainant whose safety and physical and psychological needs must be prioritised. In some instances, it may not be possible to maintain absolute confidentiality. The University discloses to parties and their representatives such information as may be reasonably necessary. The University may also be compelled to disclose information in terms of legislation or a court order.

15.2 Complaints are investigated and dealt with during the investigation phase, in a manner that ensures the appropriate confidentiality of parties and the nature of the complaint.

15.3 In cases of harassment based on sex and gender, management, employees, students and the parties concerned must endeavour to ensure confidentiality in the disciplinary investigation. Only appropriate members of management as well as the complainant, representatives, alleged perpetrator, witnesses and interpreter, if required, should be present during the disciplinary investigation and process.

15.4 The University will be required to disclose to the complainant, the alleged perpetrator and/or their representatives, such information as may be reasonably necessary to enable the parties to prepare for any proceedings in terms of the policy.

16. RESPONSIBILITY FOR IMPLEMENTATION OF THE OPERATIONS MANUAL

Office of the Registrar.

17. OPERATIONS MANUAL LIFE CYCLE

The Transformation Director reviews this manual at least once a year and, through the

Registrar’s office, tables proposed changes to the manual to the Executive when required.

Appendix B

COMPLAINT FORM

PART A.1: PARTICULARS OF COMPLAINANT

Empl ID / Student number	:
Name (s)	:
Surname	:
Cellular number	:
Home number	:
Work number	:
Email address	:

PART A.2: PARTICULARS OF COMPLAINANT’S REPRESENTATIVE

Union or Firm	:
Address	:
Name(s)	:
Surname	:
Cellular number	:
Home number	:
Email address	:

PART B: PARTICULARS OF RESPONDENT

Empl ID/ student number	:
Name (s)	:
Surname	:
Cellular number	:
Home number	:
Work number	:
Email address	:

PART C: PARTICULARS OF COMPLAINT AND RELIEF SOUGHT

Attach pages to this form if there is insufficient space in the boxes to provide all the relevant information.

Nature of complaint with reference to the policy (eg sexual harassment; unfair discrimination based on race; gender-based violence)

Date(s) of incident(s)

Place(s) where incident(s) occurred

Witnesses

Full names and surname
Student number / Empl ID
Cell number
Email

Full names and surname
Student number / Empl ID
Cell number
Email

Full names and surname
Student number / Empl ID
Cell number
Email

Full names and surname
Student number / Empl ID
Cell number
Email

Detailed description of the incident(s)

How has the incident(s) affected you?

Supporting documentation (eg photographs; screenshots; emails; notes; cell phone recordings) (Please attach or make available to the investigator)

PART D : RELIEF SOUGHT

Please indicate what assistance you require (eg investigation; counselling; support to lodge a criminal complaint; expulsion)

Signed at ……………………………………..on this………..……..day of……………………..………… year ………..….

………………………………………………………..…………

Signature of Complainant/Representative

[1] See the Operations Manual for a list of factors to consider in determining the fairness or unfairness of the impugned discrimination.

[2] See the Operations Manual for a list of defences to a complaint of hate speech.

[3] The more vulnerable a person is, the more exposed a person has been to discrimination, the more likely it is that further discrimination imposed on that person will be unfair discrimination. Privileged members of Malawi society may be required to bear a burden to alleviate the disadvantages that remain from the past and such additional burden may then be fair discrimination in appropriate cases.

[4] Factors to consider in determining if a single incident was serious enough to constitute sexual harassment include (a) whether the incident constituted an impairment of the complainant’s dignity, (b) the complainant’s circumstances; (c) the respective positions of the parties (power differential) in the workplace or other context where the incident took place; (d) if the incident consisted of physical conduct; (e) whether the incident constituted quid pro quo harassment; (f) the duration of the incident; (g) the risk of any future hostile environment; (h) the subjective reaction of the complainant; (i) was an offensive and humiliating environment created by objectively considering the conduct complained of and all surrounding circumstances; (j) making a value judgment to ensure fairness to all parties.

CONTENTS