Unpacking new Anti-Sexual Harassment Policy for higher, tertiary education

Sifelani Tsiko

Fact Check Editor

The HIGHER and Tertiary Education, Innovation, Science and Technology Development Ministry has launched the Anti-Sexual Harassment Policy for education institutions that sets out procedures for tackling harassment and sexual misconduct.

This new policy sets clear expectations for higher education institutions in Zimbabwe to address harassment and sexual misconduct through measures including training, support and reporting pathways.

The launch of this policy builds upon important progress that higher education institutions have already made over recent years in handling such incidents of harassment and sexual misconduct to fight the scourge of sexual harassment.

In this report, we share some useful insights about the new policy also dubbed the: “Model and Benchmarking Policy on Anti-Sexual Harassment for Higher and Tertiary Education.”

What do we know about student experiences of harassment and sexual misconduct?

Higher and tertiary education institutions (HTEIs) have a responsibility to promote gender equality and the empowerment of women and girls and to ensure equality of opportunity and access to education between men and women.

A 2021 Zimbabwe National Statistics Agency report indicates  a phenomenal rise in the number of women enrolling with HTEIs with 2019 figures showing that they were 60 149 females and 51 535 males.

This demonstrates the high levels of women’s participation in HTEIs in Zimbabwe. But this phenomenal rise has also come with a distressing prevalence of harassment and sexual misconduct in HTEIs settings.

A 2022 study estimated the prevalence of SH in Zimbabwean teachers’ colleges to be around 40 percent. Students have experienced harassment in HTEIs-based settings and the cases are rarely reported to the police, making the need for effective reporting pathways within the institutions even more important.

Several cases show that students had experienced unwanted sexual behaviour and highlighted the serious impact of these experiences, particularly for women, who were more likely to experience sexual harassment than men.

The government contends that sexual harassment in higher education is a gross violation of human rights that erodes academic freedom.

The toxic environments create a climate of fear, silence and exclusion, particularly affecting women, girls and other vulnerable groups.

What is the significance of the Anti-Sexual Harassment Policy for higher and tertiary education institutions?

The new policy attaches greater importance to proactively taking measures to strengthen institutional accountability and response mechanisms to protect both students and employees from all forms of SH to help provide quality education.

The development of the Model policy serves to articulate SH prevention and response measures, clarify the roles of different actors in preventing and responding to SH in HTEIs, and contribute to protecting the integrity of all HTEIs as national, regional and international centres of academic excellence that are free from SH.

Furthermore, it is anticipated that the policy will contribute to the creation of safe learning and work spaces for both students and employees that are necessary for the realisation of their full study and work potential through promoting the mental health and physical well-being of both students and employees.

What does the new condition mean for HTEIs?

The new comprehensive model sexual harassment policy serves as a guide to the development of institution — specific policies and against which institutional policies would be benchmarked.

HETIs in the country will be required to have their own policies that explain to students how their institution will respond to instances of harassment and sexual misconduct.

This is expected to be accessible to all students.

Institutions must set out how incidents can be reported, what support services are available and what students can expect of any disciplinary and investigative processes following an incident.

Staff and students must receive training to improve their understanding of what constitutes harassment and sexual misconduct and the steps they should take should they experience sexual harassment.

Under the new policy HETIs will also be expected to set out the steps they will take to protect students from an abuse of power in personal relationships between staff and students, cultivate an institutional climate that promotes SH reporting, confidentiality of and trust in grievance handling procedures, institutional services and other key issues.

“The Ministry has thus developed this Model and Benchmarking Anti-Sexual Harassment Policy. The ministry expects that institutions use this Model and Benchmarking Anti-Sexual harassment policy as a reference point and be guided by it in the development of institution — specific anti-sexual harassment policies. While this policy recognises the importance of responding to SH, its primary objective is to prevent the occurrence of sexual harassment in HTEIs. Accordingly, all HTEIs have an obligation and must create and maintain environments that are SH-intolerant. In events where prevention fails, institutions must deploy effective response mechanisms that deter perpetration and restore the dignity and well-being of victims,” read part of policy.

Government wants HETIs to do their very best to make sure all staff and students can live, work and study in a safe environment.

What are key elements of the HETIs anti-sexual harassment policy?

The anti-sexual harassment policy largely aims to prevent and address sexual harassment in the HETIs educational setting.

It outlines the definition of sexual harassment, the organisation’s zero-tolerance stance, reporting procedures, investigation mechanisms, and potential disciplinary actions.

“It also emphasises the importance of creating a respectful and inclusive environment for everyone.

The key elements:

Definition of Sexual Harassment: The policy clearly defines what constitutes sexual harassment, often including unwanted sexual advances, unwelcome physical contact, verbal abuse of a sexual nature and creating a hostile or offensive work environment. It also addresses situations where someone is subjected to unwelcome sexual attention, whether verbal or physical, or when they are made to feel intimidated or uncomfortable because of their work environment.

  • Zero-Tolerance Stance
  • Reporting procedures
  • Investigation and resolution
  • Disciplinary actions
  • Prevention and education
  • The policy covers measures for preventing sexual harassment, such as training programs, regular communication about the policy, and creating a culture of respect and inclusivity.
  • rights and responsibilities of all parties involved

What are the sanctions for harassment perpetrators, for staff and for students?

  • Verbal or written warning;
  • Adverse performance evaluation;
  • Reduction in wages
  • Demotion
  • Suspension; and or
  • Dismissal
  • Blacklisting by the Ministry
  • Verbal or written warning;
  • Suspension
  • Expulsion
  • Blacklisting

The oversight role of the ministry:

To ensure institutional compliance with this anti-sexual harassment policy and benchmarking model, the Ministry will monitor and evaluate the development and implementation of anti-sexual harassment policies in all HTEIs.

Monitoring and evaluation of SH policy at the institutional level should include:

  1. Compiling reports and maintaining databases of reported SH cases for consolidation by the institution to inform monitoring and evaluation processes.
  2. Submission of institutional reports on complaints filed and the resolution of such complaints.

iii. Regular review of policy and grievance procedures to establish and address gaps during implementation.

  1. Establishment of stakeholder feedback mechanisms on the implementation of SH policies within institutions such as the use of suggestion boxes or emails.

Conclusion

Sexual harassment policies, while crucial, often face hurdles that include unclear definitions, inadequate reporting procedures, lack of comprehensive training and resources for their implementation.

These weaknesses can lead to underreporting, fear of retaliation and ineffective action when harassment does                                occur.

Addressing the weaknesses of sexual harassment policies is going to be key in a creating a safe and respectful HETIs sector environment.

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