Harassment, Sexual Harassment, Discrimination, and Abuse of Authority

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  - Harassment, Sexual Harassment, Discrimination, and Abuse of Authority
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Harassment, Sexual Harassment, Discrimination, and Abuse of Authority
Harassment, Sexual Harassment, Discrimination, and Abuse of Authority

Harassment, Sexual Harassment, Discrimination, and Abuse of Authority

Main navigation

Duties, Obligations and Privileges
- Standards of Conduct
  - UNDP Legal Framework for Addressing Non-Compliance with UN Standards of Conduct
- Harassment, Sexual Harassment, Discrimination, and Abuse of Authority
  - Harassment, Sexual Harassment, Discrimination, and Abuse of Authority
Classification of Posts
- Job Evaluation
Salaries and Related Allowances
Appointment and Promotion
Annual and Special Leave
Social Security
Travel and Removal Expenses
- Entitlement Travel
- Relocation Shipment
  - Relocation Shipment
Separation from Services
- Entitlements upon Separation
- Types of Separation
Disciplinary Measures and Appeals
- UNDP Legal Framework for Addressing Non-Compliance with UN Standards of Conduct
Non-Staff
Workforce Management
- Organizational Unit Restructuring
  - Organizational Unit Restructuring
- Performance Management
  - Performance Management and Development
  - Probation upon Appointment

Focal Point

Sarah Rose

Effective Date

11/05/2018

Planned Review Date

31/12/2024

Version

6.0

Latest updates

August 02, 2018 -

The Harassment procedures are available in English, Spanish and French.

May 11, 2018 -

Building on the principle that all UNDP personnel have both the right to be treated respectfully and the corresponding responsibility to treat others accordingly, the Policy has been comprehensively revised.

The highlights of the revision include:
1. The scope of the policy has been expanded to also include discrimination in the workplace. This is reflected in the revised title of the policy “Policy on Harassment, Sexual Harassment, Discrimination, and Abuse of Authority”.

2. The Policy reinforces that UNDP does not, and will not, tolerate harassment, sexual harassment, discrimination, and abuse of

August 02, 2018 -

The Harassment procedures are available in English, Spanish and French.

May 11, 2018 -

Building on the principle that all UNDP personnel have both the right to be treated respectfully and the corresponding responsibility to treat others accordingly, the Policy has been comprehensively revised.

The highlights of the revision include:
1. The scope of the policy has been expanded to also include discrimination in the workplace. This is reflected in the revised title of the policy “Policy on Harassment, Sexual Harassment, Discrimination, and Abuse of Authority”.

2. The Policy reinforces that UNDP does not, and will not, tolerate harassment, sexual harassment, discrimination, and abuse of authority in any form. Such prohibited conduct is subject to disciplinary action, including dismissal and ban from future employment with UNDP. It further clarifies that while consensual, intimate relationships between UNDP personnel are generally not prohibited, managers and supervisors should recognize that such relationships are not appropriate where one person manages, reviews or takes administrative decisions concerning the other person, is subordinate to the other person in the same line of reporting/authority, or is in a position in which some other conflict of interest may arise.

3. The application of the Policy has been clarified and the definition of workplace expanded. It now covers all UNDP personnel, namely staff, Service Contract holders, UNVs and Individual Contracts. External personnel, which include vendors, suppliers and partners, can now report actions of prohibited conduct against them by UNDP personnel.

4. The Policy makes a clear distinction between sexual harassment in the workplace, and sexual exploitation and abuse of local populations by UNDP personnel. The latter is regulated by the Secretary-General Bulletin ST/SGB/2003/13: Special Measures for Protection from Sexual Exploitation and Sexual Abuse;

5. The obligations of UNDP personnel and managers and supervisors are reinforced by:

a. Putting greater emphasis on the completion of relevant mandatory courses;
b. Requiring Directors of Bureaus and Heads of Office to provide an annual certificate to the Administrator confirming that they have fulfilled their responsibilities under this policy.

6. Provisions related to reporting prohibited conduct have been reinforced as follows:

a. The time for reporting prohibited conduct other than sexual harassment is extended from 6 months to a year (12 months) and the time limit for reporting sexual harassment cases has been removed entirely;
b. Anonymous reports of prohibited conduct are allowed;
c. Regarding allegations of sexual harassment, an additional process for reporting such allegations through an external helpline is being implemented;
d. The Office of the Ombudsman may continue to offer initial guidance on options to be pursued for the resolution of complaints, while preserving the right to file a formal request directly with OAI at any time.

7. The Policy confirms that, as set out in the UNDP Policy for Protection against Retaliation, retaliation by any member of UNDP’s personnel against another member of UNDP’s personnel for having, in good faith, properly reported allegations of misconduct, or for having cooperated with a duly authorized audit or investigation, is strictly prohibited and is itself misconduct that will be treated accordingly.

8. The Policy also clarifies the rights of an alleged offender who separates from UNDP while an investigation into prohibited conduct is ongoing.

9. Finally, the Policy provides examples of each of the four types of prohibited conduct to help address misunderstandings regarding what actions and behaviours constitute harassment, sexual harassment, discrimination, and abuse of authority.

EXPAND

Relevant Regulations and Rules

Staff regulations and staff rules, including provisional staff rules, of the United Nations

Rule 1.2 (f)

Policies

Main Policy

Harassment, Sexual Harassment, Discrimination, and Abuse of Authority

DOCX (84.75 KB)

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Procedures

Main Procedures

1

Step

Initiate informal dispute resolution.

Responsible Party

Template/Guideline

Explanatory Notes

An informal dispute resolution process can provide UNDP Personnel with the opportunity to resolve any complaints or grievances in an open, honest, non-threatening, and non-contentious manner. The informal options available to UNDP Personnel include:

a) Approaching the alleged offender (self-initiated discussion);
b) Support by a colleague/manager; or
c) Consulting the Office of the Ombudsman for professional, impartial and confidential advice as to how to resolve the issue informally, including via mediation

1.1

Step

Approach alleged offender (self-initiated discussion).

Responsible Party

Template/Guideline

Explanatory Notes

A member of UNDP Personnel may not understand that he/she is being offensive and, if asked, may stop or alter his/her behaviour. UNDP Personnel who feel that they are being subject to any type of prohibited conduct are encouraged, where necessary, to inform the alleged offender, at the earliest point in time, that his/her conduct is unwelcome and request that such conduct cease.

1.2

Step

Seek support from a colleague/manager.

Responsible Party

Template/Guideline

Explanatory Notes

UNDP personnel, including the affected person may request a colleague/manager to be present at a meeting with the alleged offender to let her/him know that his/her conduct is unwelcome and request that such conduct cease.

1.3

Step

Consult the Office of the Ombudsman.

Responsible Party

Template/Guideline

Explanatory Notes

(i)The Office of the Ombudsman plays an important role when it comes to workplace related problems. UNDP Personnel may consult the Office if they feel harassed, and/or have witnessed an incident of harassment. The services of the Office include listening and conflict coaching, identification and evaluation of options, facilitation of dialogue and mediation. The Office is a safe, confidential and informal place for the affected to express their concerns, and examine the various options in the dispute resolution process. The Office provides support within the informal process, informs on the procedures foreseen in the formal grievance process and makes appropriate referrals where necessary.

1.4

Step

Seek third-party neutral intervention.

Responsible Party

Template/Guideline

Explanatory Notes

Send an email to: ombudsmediation@fpombudsman.org

Third-party neutral intervention, particularly mediation, is a process whereby a third-party neutral with no stake in the outcome helps the parties whose lives are affected by a problem make decisions themselves that are mutually acceptable and which may resolve the problem. Mediation can also help prevent a recurrence of situations that cause conflict.

2.0

Step

Review progress with informal process and initiate formal process.

Responsible Party

Template/Guideline

Explanatory Notes

If the affected person is not satisfied with the results of the informal process or if they wish to pursue the formal process immediately, they may submit a formal complaint to OAI at any time.

3.0

Step

Consult the Ethics Office.

Responsible Party

Template/Guideline

Explanatory Notes

Send an email to:ethicsoffice@undp.org

UNDP Personnel may contact the Ethics Office for confidential advice and guidance on their options.

1

Step

Initiate formal resolution by reporting incident(s) to OAI.

Responsible Party

Template/Guideline

Explanatory Notes

Send email to: reportmisconduct@undp.org

Anyone with information regarding allegations of misconduct can report it using one of the following means:

By email to OAI at reportmisconduct@undp.org or directly to the Director, Office of Audit and Investigations, or Deputy Director, Head of Investigations, Office of Audit and Investigations.
Through an online form accessible through the "Report fraud, abuse and misconduct" link at www.undp.org
Through UNDP's telephone answering system (toll-free):
- Worldwide: +1-770-776-5678 (with interpreters available 24 hours/day)
- In the United States: 1-877-557-8685
By fax: +1-770-409-5008 (worldwide)
By mail addresssed to: Director, Office of Audit and Investigations, or Deputy Director, Head of Investigations, Office of Audit and Investigations, One United Nations Plaza, DC1, 4th Floor, New York, NY 10017, USA
Use of external sexual harassment helpline for reporting sexual harassment.

2

Step

Initial screening.

Responsible Party

OAI

Template/Guideline

Explanatory Notes

During initial screening, OAI will look at, inter alia, whether the complaint falls within OAI's investigative authority. If it does not, OAI may refer the case to the appropriate entity.

People reporting misconduct have the option to leave relevant contact information or to remain anonymous. An anonymous complaint should contain enough detailed information to allow OAI to obtain independent corroboration of the facts. If there is no way to independently corroborate the information provided by the anonymous source, OAI will not be able to investigate the complaint and may be required to close the case.

Individuals are encouraged to be as specific as possible, including the basic details of who, what, where, when and how the incident(s) occurred. Specific information will allow OAI to properly investigate the alleged misconduct.

OAI will acknowledge receipt of a complaint as soon as possible, usually within 48 hours after its receipt.

There are no time limitations for reporting cases involving allegations of sexual harassment.

Other complaints of workplace harassment, abuse of authority or discrimination must be submitted to OAI by no later than one year after the last incident. OAI's Director has the discretion to accept a complaint after the time limit has passed in extraordinary circumstances.

To ensure process efficiency, OAI will further assess if a written statement in a standardized format is required.

3

Step

Conduct Assessment.

Responsible Party

OAI

Template/Guideline

Explanatory Notes

During the assessment, OAI will look at, inter alia, whether there is sufficient information to warrant a formal investigation and whether an investigation by OAI is the most appropriate action

To ensure process efficiency, OAI will further assess if a written statement in a standardized format is required

Decisions as to whether investigations should be pursued are made in accordance with the rules, policies and procedures of the Organization.

OAI has the exclusive authority for determining whether to close a case or proceed with an investigation on the basis of OAI's assessment.

4

Step

Assessment decision

Responsible Party

OAI

Template/Guideline

Explanatory Notes

If OAI’s assessment indicates that the complaint falls within OAI’s investigative authority, that there is sufficient information to warrant a formal investigation, and that an investigation by OAI is the most appropriate action, an investigation will be initiated in accordance with the OAI Investigation Guidelines and the UNDP Legal Framework for Addressing Non-Compliance with UN Standards of Conduct.

OAI will prioritise cases of sexual harassment. It will conduct the investigation expeditiously within the constraints of available resources.

OAI will close the case when, for instance, there is insufficient evidence to warrant an investigation, the allegations do not fall within OAI’s mandate, or when an investigation by OAI is not the most appropriate action.

OAI will notify the complainant of the closure.

5

Step

Conduct investigation.

Responsible Party

OAI

Template/Guideline

Explanatory Notes

OAI will conduct its investigation in accordance with OAI’s Investigation Guidelines.

6

Step

Investigation reporting.

Responsible Party

OAI

Template/Guideline

Explanatory Notes

When the investigation is completed and it reveals enough evidence to reasonably conclude that misconduct has occurred, the investigator will prepare an investigation report in accordance with OAI’s Investigation Guidelines. The complainant is not entitled to receive a copy of the investigation report concerning allegations of misconduct against the investigation subject.

7

Step

Notify complainant and subject of outcome.

Responsible Party

OAI

Template/Guideline

Explanatory Notes

OAI and/or the relevant authority will notify the complainant and the subject of the outcome of the investigation.

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Development Programme

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