PSYCHOLOGICALHARASSMENTAMONG UNIVERSITY PROFESSORSAND ACADEMIC STAFF

FQPPU

An Awareness and Act ion Guide

TABLE OF CONTENTS

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .01What is harassment? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .02The ways in which harassment is expressed . . . . . . . . . . . . . . . . . . . . . . . . . . . . .03Reasons for harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .04The effects of harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .05The law and psychological harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .06Victims of harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .08The university administration and harassment . . . . . . . . . . . . . . . . . . . . . . .11Unions and harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Colleagues and harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14Combating harassment with

public discourse and debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15Generally recognized rights in institutional

policies under the legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Summary table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

This guide is an initiative of the Fédération québécoise desprofesseures et professeurs d’université (FQPPU). It is basedon the results of a study produced by the FQPPU’s ad hoccommittee on psychological harassment:

Leclerc, Chantal, Cécile Sabourin, and Micheline Bonneau(2006). Le harcèlement psychologique chez les professeureset les professeurs d’université – Témoignages, analyse etpistes d’action pour les syndicats, Montreal, FQPPU.

The full study report is available at the FQPPU Web site:www.fqppu.org

FQPPU4446, boulevard St-LaurentSuite 405Montreal (Quebec) H2W 1Z5Telephone: 514.843.5953Fax: 514.843.6928federation@fqppu.orgwww.fqppu.org

Legal deposit: First quarter 2006Bibliothèque nationale du QuébecNational Library of CanadaISBN: 2-921002-12-4

ResearchAd hoc committee on psychological harassment :CHANTAL LECLERC, Professor, Université LavalCÉCILE SABOURIN, Professor, Université du Québec

en Abitibi-Témiscamingue and President of the FQPPUMICHELINE BONNEAU, Retired professor, Université du Québec

à Rimouski.WritingRÉJEAN ROY, consultantTranslationMAGEE & NGUYEN ASSOCIÉESGraphic Designwww.bertuch.ca

A recent survey of 640 employees, commissionedby the Chair in Occupational Health and SafetyManagement at Université Laval, indicates thatbetween 7 and 9 percent of Québec workers experi-ence psychological harassment.

This phenomenon also exists in universities.

Alerted by signs of unease associated with thisphenomenon, such as high rates of absenteeism indepartmental meetings, complaints received by theunions, persistent tensions between colleagues,prolonged sick leaves and teaching careers cutshort, the FQPPU’s ad hoc committee on psycholog-ical harassment conducted a qualitative study ofunion representatives and faculty members.1 Thisstudy reveals that the university culture and contextsometimes give rise to vexatious behaviours withdevastating effects on the individuals who areharassed: disillusion, damaged reputation, illnessand careers cut short.

It is possible to prevent this phenomenon, whichonly five years ago was hardly known in Québecand elsewhere. This guide explains how this can bedone. It should help university professors and otheracademic staff, administrations and unions toanswer the following questions: What forms doespsychological harassment take in universities? Whatcauses it? When is this type of violence most likelyto occur? What concrete measures should be takenby faculty members, administrators and unions toend psychological violence in universities?

It must be stated unequivocally that psychologicalharassment in universities is not an inescapablescourge. On the contrary, this phenomenon can becontrolled by reviewing the factors that contributeto it such as the methods of work organization,management practices and declining standards of

conduct in the university. Giving those who areaffected by psychological harassment the supportto which they are entitled is also the responsibilityof all university actors, beginning with the immediatewitnesses to this insidious form of violence.

I hope that the information contained in this shortdocument will help universities to take appropriateaction in cases of harassment, to put a stop to it, andto adopt the means to prevent the occurrence of thisphenomenon, thereby making the university both astimulating and pleasant place for those who havedecided to pursue their career within its walls.

Cécile SabourinPresident, FQPPU

1 The accounts cited below were gathered by the ad hoc committeeon psychological harassment. The references contained in thecomplete study are not reproduced here.

01

INTRODUCTION

Harassment is shown through gestures and com-ments, often insidious, which are intended to desta-bilize people and break down their psychologicalresistance in order to subjugate or get rid of them. Itmay be expressed as hurtful comments, unwar-ranted criticisms or open insults, but also throughseemingly harmless insinuations and differentforms of abuse. A simple attack becomes harassmentand produces particularly devastating effects whenit continues over a relatively long period and whenthe individuals or group targeted are, or perceivethemselves to be, in a situation where they find ithard to defend themselves. Taken alone, the actionsthat make up harassment may seem harmless, butwhen they are constantly repeated, they can haveharmful effects.

Heinz Leymann refers to mobbing, describing thephenomenon as a form of psychological terrorism.The acts that are recognized as constituting harass-ment include, among other things, those which pre-vent people from expressing themselves, isolatethem, destabilize them, discredit them personallyand professionally, limit their access to the resourcesto which they are normally entitled in order to carryout their work, jeopardize their health or make theminsecure. The abuse of power, sexual harassment,discriminatory harassment, criminal harassmentand certain attacks on property may also be recog-nized as forms of psychological harassment.

Nevertheless, the problem could easily be trivial-ized if every painful situation in the workplace wasequated with harassment. Thus, if they are isolatedor justified, incidents such as not getting a promo-tion, being refused a grant, being subjected to amanagement blunder, not being included in everycircle, or receiving lukewarm appreciation of a scien-tific contribution should not be interpreted as harass-ment. Similarly, unresolved conflicts, continual

work overload, an incessant increase in demandsand the introduction of competitive standards donot constitute harassment. However, it is importantto understand how the combination of these factorscan make an ideal breeding ground for harassment.

According to section 81.18 of the Act respecting labour standards, psychologi-cal harassment means “any vexatious behaviour in the form of repeated andhostile or unwanted conduct, verbal comments, actions or gestures, thataffects an employee’s dignity or psychological or physical integrity and thatresults in a harmful work environment for the employee. A single serious inci-dence of such behaviour that has a lasting harmful effect on an employee mayalso constitute psychological harassment.”

02

WHAT IS HARASSMENT?

In universities, harassment usually occurs at akey point of one’s academic career, that is, duringhiring, performance evaluation, and granting ofpermanent status or tenure. It can also come intoplay in important decisions that govern universityactivities and life (allocation of teaching duties orbudgets, establishment of development priorities,and so on).

“Struck to the heart,” the colleagues interviewedtalked about the following attacks on their integrity:

Attacks on speech The communication of ideas is the very heart

of professors’ work. In this context, constantlyinterrupting individuals, preventing them fromexpressing themselves, dismissing their point ofview or acting impatient with them for no reasoncan jeopardize their position in a department andstifle all their initiatives. Other strategies consist ofblaming individuals while refusing to hear whatthey have to say or excluding them from spheres ofdiscussion and influence, for example, by no longerinviting them to meetings, by holding these meetingswhen it is known that the latter will be absent andthen accusing them of not participating enough incollective life.

Attacks on reputation Unfairly discrediting and undermining colleagues’

work, criticizing the strength of their scientific out-put for no reason or raising doubts about theirintegrity without any serious justification can havedisastrous effects on their career: denial of tenureand denial of promotion among other things. “Theyrefused to give me tenure because my harassermade sure he was appointed to the committee and[...] systematically discredited my best work.” Theaccounts commonly expose the way in which stu-dents are used to harm colleagues. Thus, commentsare intended not only to sow seeds of doubt among

students as regards the competence of the individ-uals being targeted, but also to get the students tocriticize their teaching. Complaints are sought outin a very organized way.

Attacks on working conditionsVictims of harassment are often subjected to

intolerable stress by colleagues in formal or informalauthority who create the conditions for

their professional failure. Thus, they areassigned thankless or demanding res-ponsibilities without the means to carrythem out, they are continually assignednew teaching tasks and deprived of theopportunity to work with graduate stu-dents who are the preferred workforcein universities. Another widespreadharassment tactic is to refuse to giveindividuals responsibility for courses in

their area of expertise.

Attacks on privacy and integrity Making individuals fearful, spreading rumours

about their private life, ridiculing them, humiliatingthem in public or insulting them are other harass-ment tactics. Sometimes attacks even take theform of letters, threats or anonymous calls.

“For at least two years now, I’ve stopped going to department meetings becausewhen I tried to make a suggestion or propose a plan, I noticed that certain peoplewould talk among themselves and systematically oppose it.”

“It doesn’t make any sense to arbitrarily take away our courses. They play onthis to harass us. We develop our expertise through our courses. We don’t likegiving ’courses’, we like giving ‘our courses’.”

03

THE WAYS IN WHICH HARASSMENT IS EXPRESSED

There are six main reasons to explain the appear-ance of harassment in universities:

Abandonment of democratic principlesHarassment sometimes stems from intolerance

to the questions or dissent of individuals who wishto exercise their rights as participants in collectivedecision-making or advisory bodies. It is not onlypeople who have an aggressive or provocativenature who become the targets of harassment. Indi-viduals are harassed merely for expressing theirpoint of view, asking for greater transparency, ordefending a minority position.

The desire to obtain professional advantages

The competition among professors for increas-ingly scarce resources — e.g., budgets, space, sup-port — or responsibilities for teaching and studentsupervision explains why certain individuals aresystematically penalized. Indeed, some harassersattack their colleagues so as to deprive them of theadvantages that they hoped to obtain for them-selves or grant to others. Knowingly or otherwise,the majority often apply the tactic of using theirweight to seize resources, thus indirectly under-mining the activities of their colleagues and drainingthem of vitality.

Professional competition The importance attached to success as well as

jealousies caused by popularity sometimes lead to“wars” among faculty members. People who, accord-ing to rumour, are receiving too much attentionbecome targets. “Since I was successful, peoplesaid that I was a bad influence and that I was indoc-trinating the students and sessional lecturers. [Mydetractors] said that they were going to break me.”It was also observed that professors who receivelarge grants for their research may try to imposetheir model by denigrating others or, conversely,may provoke resistance or even hostility among

their colleagues who are more involved in teachingor have small research budgets.

Different approachesIdeological disagreements or different professional

paths sometimes cause people to systematicallydenigrate their colleagues. This sometimes culmi-nates in a sort of “clan warfare.” “[My harassers]mocked what I was doing, said that it was ridiculousand laughed at me among themselves. They werealways accusing me of all kinds of shortcomingsand trying to create problems for me.”

Marginalization Sometimes it is simply an individual’s

personality or manner that becomes amotive for harassment. Professors maybe stigmatized because of their style,age, gender, ethnic origin or sexual ori-entation.

Situations of vulnerability Temporary or more long-term vulnerabil-

ity is sometimes enough to result in an individualbeing ostracized. Professors who find themselvesin life situations such as a separation, illness orsimply a passing fragility are targeted. “All that Ilearned from my experience was that you have to beready to fight like a lion in the university structure.And if you aren’t healthy enough to do that, you hadbetter keep a low profile. I would have never talkedlike this three or four years ago.”

“In department meetings... When there was a flagrant lack of logic, or somethingwas clearly unfair, I simply used to say: Can we not examine this problem andmake some suggestions? As time went on, I realized that this was one of thereasons why, in the eyes of my colleagues, I should be excluded.”

04

REASONS FOR HARASSMENT

Harassment in universities has many effects, allof which can be devastating.

Confused feelings and loss of motivation Victims of harassment often doubt their perception

of events or trivialize the situation in which theyfind themselves. Many of them start to have doubtsabout themselves or lose the will or capacity towork once they realize that the problem is not goingaway. “Some days, I just no longer did anything, Ihad no more motivation, I felt like I was losing it.”

Loss of trust and isolation When constantly being scrutinized or attacked,

many people become overly mistrustful. Some areterrorized by the idea of making a mistake, saying thewrong thing at the wrong time. Others are consumedby shame. They are embarrassed by feeling unwanted,and humiliated by not knowing how to defend them-selves, having to justify themselves, and living infear of low blows. Some victims of harassmenteventually distance themselves, withdraw and iso-late themselves. Sometimes they do this to protectthemselves or to avoid feeling the scepticism orhostility of their colleagues. They also do it becausethey have finally become surrounded by a wall ofrumours and malicious comments.

Health problems Harassment forces the affected individuals to be

constantly on their guard and creates a physiologicalvulnerability which can result in various ailmentsand functional disorders: insomnia, fatigue, loss ofappetite, digestive problems, migraines and backpain. If the situation persists, little by little, peoplewill become sick. The accounts of harassment men-tion distress and burnout, suicidal thoughts, post-traumatic stress syndrome and depression. Itsometimes takes time for individuals who areharassed to admit how serious their condition is:

“My doctor said to me, ‘I’ve told you three times thatyou should go on sick leave.’ I said, ‘OK, I’ll take aweek.’ I was gone for two years.”

Disillusion Professors are hired to fill a regular position

when they are relatively old, after years of some-times highly specialized studies. When they realizewhat is happening to them, for many it is as if a lifelong dream is turning into a nightmare. They nolonger know what they are doing in the university,they stop thinking that they have a future there,have doubts about their choice and mourn againand again. The escape routes almost always haveboth professional and financial disadvantages.

Personal problems Harassment is distressing both for individuals

and their families. Victims of harassment some-times become less open to their loved ones, morewithdrawn, and less talkative. It is as if they are in awhirlpool: “A person can easily pull another to thebottom. Sometimes, that person just needs a bit ofair, to breathe, otherwise, the whirlpool will drag bothof them down. Everyone drowns.” Often individualswho are harassed eventually find themselves in avacuum: “At one point, the people who would have

wanted to support me became discour-aged. It was demoralizing for them tostick with me and all my problems.”

Financial losses The financial consequences of harass-

ment should not be overlooked. Someindividuals incur considerable costs,for legal services or therapy. Others arepenalized because the attacks on them

prevent them from progressing alongthe salary scale, or cause them to take unpaidleaves, early retirement or quit their job.

“The effects of harassment? On health: ulcers, insomnia, anxiety, and confu-sion. I have also been depressed, all of this led to a separation and divorce. Andburnout. Loss of motivation, loss of friendships at work, discouragement,abandonment of my area of research, retraining for another field. Throughoutall of this, I often felt misunderstood, powerless, disillusioned and, manytimes, like I was in mourning.”

05

THE EFFECTS OF HARASSMENT

Preventing psychological harassment...

According to the Commission des normes du travail(labour standards board), it is certainly importantto talk about psychological harassment in order toprevent it, but it is especially crucial to detect therisk factors for harassment and act upon them.Thus, the university’s action should not be limitedto adopting and disseminating a policy on harass-ment and processing complaints, case by case,behind closed doors.

The university must get to the root of the problemby acting on organizational values, on aspects ofwork organization and management practiceswhich foster and sustain psychological violence. Tothis end, it must make its administrators aware ofthe seriousness of the phenomenon and ensurethat they are able and willing to apply the principlesof prevention and intervention set out in its policy.

Preventing harassment also means using themeans needed to be informed of each situation. Thispresumes that universities will establish a credibleprocedure for receiving and handling complaints,publicize this procedure and give an individual or unitthe responsibility for receiving from staff, in completeconfidentiality, requests for information and action.No employer can plead ignorance in this matter.

... and putting a stop to it

When an employer witnesses harassment or isinformed of it — whether formally or informally —,it must analyze the situation to determine whichshort-term or medium-term measures should betaken to put a stop to it.

Action to defuse a harassment situation or to puta stop to it can be taken in the normal context of workusing the usual modes of communication specific

to each environment. It can be carried out by admin-istrators, union representatives or colleagues whoare recognized for their ability to intervene effec-tively, respectfully and fairly in conflicts. When thesecourses of action are considered to be inadequateor insufficient, it may be necessary to undertakemediation, conduct an inquiry or proceed to grievancearbitration.

Mediation Led by an independent, impartial and skilled

third party, mediation is a confidential process thatbrings together the alleged victim ofharassment, the alleged harasser andothers involved in the problem. The aimis to help them to identify their respec-tive interests and needs, to understandeach other and to agree on mutuallyacceptable solutions. Mediation can onlybe undertaken with the informed con-sent and voluntary participation of theparties involved in the dispute.

The inquiry The purpose of an inquiry is to gather the version

of the facts from the complainant, the party againstwhom the complaint is made and the witnesses,and to analyze the evidence. In a case of harassment,the aim of the inquiry is to determine if the allega-tions made by the person who claims to be harassedare well-founded and to formulate recommendationsas to the measures that should be implemented toaddress the problem. These measures can be pre-ventive, corrective, remedial or disciplinary.

GrievanceIn cases where individuals choose to file a griev-

ance, arbitration may be used. Section 123.7 of theAct respecting labour standards stipulates that acomplaint concerning psychological harassmentmust be filed within 90 days of the last incidence.2

The grievance is always filed against the employerfor not having adequately protected the harassedindividual. If the arbitrator considers that the indi-vidual has indeed been harassed and that the uni-versity has failed to fulfil its obligations, the lattermay be ordered to take reasonable action to put astop to the harassment, to pay the employee anindemnity and interest, to pay for the psychologicaland medical support needed by the employee, and,if applicable, to modify the disciplinary record ofthe employee.

Section 81.19 of the Act respecting labour standards clearly and forcefullysets out the responsibilities of Québec employers as regards psychologicalharassment. “Every employee has a right to a work environment free from psy-chological harassment. Employers must take reasonable action to preventpsychological harassment and, whenever they become aware of such behav-iour, to put a stop to it.”

06

THE LAW AND PSYCHOLOGICAL HARASSMENT

Ruling on the presence of harassment

In order for a board of inquiry or an arbitrator todeclare that there is psychological harassment, themain elements of the definition contained in the Act must be present. A few questions must be con-sidered. Are the actions being reproached hostile orunwanted? Do these actions belittle, discredit orhumiliate the person? Do they result in a harmfulwork environment? If this is a single serious inci-dence of such behaviour, does it have a lastingharmful effect? These actions must also be con-sidered to be vexatious by a “reasonable” personwho is aware of the circumstances involved in thecase. In this regard, standards of behaviour that areaccepted or tolerated by society, and not the inten-tion of the alleged harasser, serve as a reference.

2 A collective agreement can stipulate a longer period, but not ashorter one.

07

1. STRATEGIES USED

Numerous strategies are used to overcome theordeal of harassment. While some are ineffective,even harmful to the victim of harassment, othersare more useful.

To obtain the recognition that they are denied, todemonstrate their competency and to put a stop tothe criticisms that they are subject to, many victimsof harassment immerse themselves in their work,sometimes in a relentless manner. “The tricks used todeny me recognition did not affect my productivity.On the contrary, I was really mad and I wanted toshow them.” Some victims of harassment also agreeto carry out particularly demanding and thanklesstasks in order to demonstrate their goodwill, to buypeace or to make themselves indispensable. Unfor-tunately, these tactics usually only lead to burnout.

Some victims of harassment tend to keep silentor to withdraw into themselves when they feel thatthey are poorly treated. A professor even revealedthat she had never mentioned to family and friendsthat she was harassed at work. However, this situa-tion is not common.

Most victims of harassment turn to their familyand friends for support and advice. “My partnergave me a lot of protection against this. She wasable to get me to step away from it: when you are inthe thick of it, it is difficult to create this distance.That was very important to me. Without her, I wouldhave been even more impulsive than I was.” Thiskind of support is invaluable.

However, the accounts reveal that the support offamily and friends is not always adequate and,especially, that is it not enough. “Even though ourparents and friends are there for us, it is not somuch their support that we need but the support of

the people in our work environment. What I neededwas the reactions from colleagues who knew thesituation well and could intervene or support me.”

Unfortunately, expectations regarding colleaguesoften lead to disappointment. Left to themselves,

many victims of harassment try to dis-tance themselves from their work envi-ronment, physically or psychologically,for example, by teleworking or not par-ticipating in a number of importantactivities. This strategy has its limits. “Idon’t think that we must run away[from harassment] because if we do, itwill spread even more. We are ostra-

cized and really isolated. But I would neverbe able to live like a hermit in my office.”

Lastly, some victims of harassment resign ortake early retirement, sometimes in spite of sub-stantial financial penalties. If this is not an optionfor them, then they try to preserve their health bytaking leaves or putting a lot of effort into some-thing else than their department. It is a hymn toabsence.

2. ALTERNATIVE STRATEGIES

Regardless of the situation, individuals whobelieve that they are the victims of harassmentmust be able to be heard by their union, to obtainreliable information and informed advice from theunion, to be informed about their rights and recourse,and to be treated with respect and fairness. At theirrequest, a union counsellor who is sensitive to theissues involved should assist them in initiating pro-cedures with various university people or authorities.Should the situation require, the union can also pro-vide assistance in drafting a complaint, submittinga grievance or filing a claim to the CSST. This unionsupport can prove to be crucial for helping them toexamine their situation and grasp what is at stakeso as to counteract the employer’s questionableposition or to contribute to the development andadjustment of solutions.

“I just try to save my skin and survive.”

“I decided to withdraw. That’s why I work much more at home. I have more freedomto think and it is easier for me to produce.”

08

VICTIMS OF HARASSMENT

It is useful to recall some other attitudes andgeneral precautions to deal with harassment.

Stay focused on your rights It is normal for you as a victim of harassment to

wonder what you might have done or said to deservethis treatment and seek to enter into a dialoguewith the harasser in order to defuse the situation.Unfortunately, harassment rarely relates to a simplecommunication problem. The desire for reconciliationmust not make you forget that you are entitled todignity and respect at all times.

Recognize harassmentA clear analysis of your situation and knowledge

of the acts that constitute harassment will help youto understand what is happening to you and to pre-vent your position from being invalidated.

React politely and calmly Victims of harassment must let their harassers

know as soon as possible that their conduct is inap-propriate and hurtful. You should also ask yourharasser to stop acting this way. Whatever yourfeelings as a victim of harassment, you must avoidusing threats, insults and causing a fuss, whichcould be interpreted after the fact as a lack of self-control and could hurt you.

Inform the employer Given that the employer’s obligations are rein-

forced by knowing about the harassment, it wouldbe in your interest to inform the employer as soonas possible of this situation and keep evidence ofthis procedure. This could become important if thesituation was not settled rapidly to your satisfaction.

Seek other people’s support Isolation and withdrawal into oneself are the

worst enemies of victims of harassment. Thus, as avictim of harassment, you should turn to the peoplearound you to get the support you need. Using pro-fessional counselling and psychological serviceswill also help you to view your situation moreclearly, protect yourself, recover and regain controlover your life. Apart from these external forms ofrelief and assistance, the support of colleagues ishighly crucial. By confiding in your colleagues, youwill receive sensible advice and, sometimes, realizethat others are also experiencing problems. Col-leagues are also in the best position to understandthe situation, intervene directly, denounce and puta stop to certain conducts.

Do not let harassment control you A typical way to harass individuals is tospy on them, criticize their every moveand try to trip them up. Thus, you mustbe vigilant in order to avoid providingammunition for your detractors. How-ever, it is useless to take this to anextreme or to try to obtain the harassers’approval at all costs. Very often, it isbetter to limit your contact with the latterto polite professional relations and, asmuch as possible, to discussions that

take place in official meetings, in usualand public places, or in the presence of a witness.Faced with direct or indirect attacks, it is useless totry to justify yourself. It is more useful to ask forclarifications from the harasser and get him tocommit himself publicly.

Gather and keep evidence Since harassers break their targeted victims

slowly through remarks and gestures which mayseem harmless when taken alone, it is important forthe latter to document what they are experiencing.Among other things, victims of harassment are gen-erally advised to keep a diary in which they recordevery incident, including time, place and circum-stances under which the harassment took place aswell as their feelings about it. In addition to helpingthe victims view the situation clearly, this exercisewill be of great use should they later decide to file acomplaint.

“It has always seemed to me that the best strategy is retaliation, that is,counter-attack. Since harassment is made possible mainly because it is hidden,to me the best strategy is to show what is hidden. Harassment very much aimsat isolating us, making us keep silent. For example, somebody will try to attackanother person’s personality, reputation and other aspects, hoping to makethe other person feel ashamed. And if the harasser manages to make the personfeel ashamed, the latter will do everything possible to hide.”

09

Take leave from the university Before resigning or taking early retirement, as a

victim of harassment, you should think of taking aleave. Giving yourself a period of rest will allow youto take stock of the situation, which is essential formaking well-thought-out decisions. This will allowyou to come back in better shape so as to negotiateacceptable leaving conditions. It is risky to waituntil you are exhausted before taking a rest periodbecause persistent exhaustion paves the way formore serious problems. In this situation, it is alsoimportant to choose your physician carefully. Theindividual chosen should be knowledgeable aboutthe issue of psychological harassment and the pro-cedures to be undertaken with insurers and theCommission de la santé et de la sécurité du travail(CSST) or, at the very least, should be open-mindedabout the issue.

Use available recourses If the harassment persists, you should not hesi-

tate to use the recourses provided for in your work-place. To make an informed decision, it is importantto find out your rights, responsibilities and theresources or recourses available. However, be carefulnot to blindly follow all the advice given! You shouldseek the right information from the competentauthorities and individuals.

Harassment and the CSST

Under the Act respecting industrial accidents andoccupational diseases, victims can submit a claimto the Commission de la santé et de la sécurité dutravail and receive compensation if their physicianacknowledges that their health problems are linkedwith their work situation. In practice, the situationis often less clear. Indeed, the employer may try toinsist that victims of harassment use the grouphealth insurance plan rather than make a claim tothe CSST, while the insurance company requeststhat the claim be made to the CSST. Moreover, it isoften difficult to make the CSST recognize that thedeterioration of the victims’ health is due to theirworking conditions. Therefore, in this respect, it isgenerally better for the victims of harassment toconsult their union and a lawyer specialized inlabour law and occupational health and safety.

10

The responsibility for preventing and combatingharassment falls on the Employer which has an“obligation of means” in this matter. In other words,every university administration is expected toimplement concrete, credible, effective and knownmeasures to fulfil this responsibility.

Action taken by most universities has mainly in-volved adopting institutional policies on harassment.

Although policies are essential, they are insuffi-cient if:

• they are adopted unilaterally, without consult-ing the unions and professional associations andnot from a perspective of education and collectiveawareness;

• they do not challenge certain cultural standardsand organizational practices which foster psycho-logical violence or tolerate it as a normal way tocommunicate and operate;

• they do not change anything in the way somepeople in a position of authority knowingly or un-knowingly refuse to assume their responsibilities.

Those who are heads of department or assume thepowers inherent to other positions (dean, vice-rector,rector) are frequently called upon to intervene incases of harassment. In many cases, the requestsfor support made to them lead to specific interven-tions, partial and temporary solutions. They act onthe symptoms, but very rarely get to the root of theproblems.

Moreover, the tendency of university administra-tions to deny, minimize, trivialize or suppress prob-lems is too often deplored. These tendencies can beexplained in several ways. Individuals in a positionof authority may be involved in the harassment or

act in collusion with the harassers. Some believe orwant to believe that victims of harassment must beresponsible for their own problem while others mayview harassment as a personality conflict. Lastly,some administrators may prevaricate becausethey do not know how to deal with the situation.

When the expected institutional support isrefused, the victims of harassment are likely to feel

hurt, isolated and betrayed three timesover. First, by the harassers; second, bythe colleagues who are reluctant tosupport them; and, third, by the admin-istration which refuses to act when itis, after all, their role to arbitrate suchconflicts and render justice.

In addition to adopting an exemplaryattitude and collaborating actively in

the implementation of the institution’spolicies on harassment, individuals in a position ofauthority must intervene promptly once potentialor evident cases of harassment are brought to theirattention.

They have a crucial role to play so as to preventthese situations from worsening and to deal withthe root causes of the problems. It is their responsi-bility to use the available means and resources toimplement standards and practices that:

• ensure everybody the right to a harassment-freeenvironment;

• restore the rules of equity, collaboration andcollegiality;

• put a stop to the ways in which professors’ for-mal and informal recommendation, evaluation anddecision-making powers are abused.

“I felt... misunderstood. I was listened to but not heard by those people. Butwhat hurt me most was that my dignity was violated. I was broken.”

“The administrators could not care less. It is the power of inertia. Strictly zerosupport. I could be crucified in public... and it wouldn’t matter to them because, asfar as they are concerned, it has nothing to do with them, it’s just a faculty issue.”

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THE UNIVERSITY ADMINISTRATION AND HARASSMENT

Unions also have a decisive role to play as regardsharassment. While some requests for support arereceived and dealt with effectively, others result in ahesitant, indecisive and vague process. The complex-ity of the cases is not a reason for the prevarication,the fallback positions or the extreme precautions thatare sometimes taken by union representatives beforeintervening. One female professor was told that “It’sa departmental matter, it’s department politics, wecan’t do anything about it.” Such reactions make thevictims of harassment feel truly abandoned. Thus,they lose courage and are irreparably hurt. This isobviously unacceptable.

As an exclusive spokesperson for employees,unions have the legal obligation to fairly representtheir members who believe that they are the victimsof harassment or that they are unfairly implicated.In order to send a clear signal and gain trust, theunions must publicize their commitment to combatharassment and adopt a fair and effective procedureto handle complaints. This is particularly importantin complex cases where two or more of their membersclash with each other or blame each other.

Union officials must be trained and skilled inorder to provide their members with the support towhich they are entitled. They must:

• listen to them in an open- and fair-mindedway, (more particularly if this involves troubledindividuals who have as much right as others to belistened to carefully);

• inform them of their rights and ensure thatthese rights are respected;

• help them understand their situation andinterpret the information which may have beengiven to them;

•help them identify the options given to them tosolve the problem and specify the ins and outs ofeach course of action or recourse envisaged;

• refer them, as needed, to professionals whoare sensitive to the issue of harassment and canprovide them with psychological, medical, legal orother services.

When a request related to this issue is made tothem, the unions must also:

• inform the employer of the existence of a prob-lem, require that the employer take action to protectthe targeted individual and find a solution to thisproblem;

• participate actively in developing and imple-menting solutions in the short, mediumand long terms;

• appoint councillors to assist theirmembers in taking action with theemployer or in undertaking mediation,inquiry or grievance arbitration pro-

cesses (the same individual cannot supporta person who claims to be harassed as well as aperson who is implicated in the harassment);

Nevertheless, the unions have considerable lati-tude in performing their duty of representation. Aunion can choose not to support the grievance arbi-tration of one of its members whose conduct wasdeemed to be harassing, even though the latterstands a good chance of succeeding.3 However, thisdecision must be based on the analysis and resultsof a serious, independent inquiry conducted incompliance with the rules of natural justice and byimpartial, competent individuals trained in theinquiry process. This is all the more true when aunion uses the results of an inquiry conducted bythe employer.

In addition to their legal obligation, the unions areasked to broaden the simplistic definitions of pre-vention used by some university administrations.

Thus, to prevent does not mean:

• to be satisfied with posting a policy on the uni-versity’s Web site or distributing pamphlets;

• to believe that solutions which are not contro-versial or are decided behind the closed doors ofarbitrators or mediators’ offices are always preferableto those which leave more long-lasting marks in the

“In the University, it is the union that is supposed to defend our rights. Theunion is supposed to give us support and its people are supposed to be therefor us.”

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UNIONS AND HARASSMENT

public sphere or to those which challenge certainorganizational standards;

• to ignore the context of all cases of harassment,considering them instead to be interpersonal conflicts.

Combined with the under-funding of universities,the trends towards marketization and accounting-oriented management of university activities jeop-ardize the values of collegiality. Professors areincreasingly put in a context of continuous workoverload, competition and hyper-performance. In thiscontext, critical situations which mark academiclife are recognized as circumstances conducive toharassment. As these cases are astonishingly similarnot only from department to department, but alsofrom university to university, there is an urgentneed for organizational and collective solutions.

While not denying the interference of personalityfactors in the dynamics of harassment, the unionsare asked to make the essential links between theparticular dynamics of harassment and the culturaland organizational dynamics which cause unac-ceptable violent conduct to appear, increase andpersist. Beyond the case-by-case basis, the dataexchanged in the confidential context of complaintsmust be denominalized and depersonalized so thatcases of recurrent harassment can be highlighted.Based on these analyses, it will be possible to reviewwork organization or decision-making rules whichleave too much room for arbitrary behaviour. Thus,collective agreements can also include provisionswhich reduce the opportunities to abuse power.

3 Collective agreements can specify the unions’ obligations onthis matter.

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It is primarily from their colleagues that victims ofharassment want to find understanding and supportsince they can, better than anyone else, understandthe latter’s situation and intervene directly. Whenvictims of harassment receive this support, theirsituation improves greatly. However, there is a discon-certing reluctance from colleagues to get involved.

Colleagues sometimes refuse to intervene becausethey want to protect themselves “I wasn’t the onlyone being harassed, but I was their main target. Ifelt that my colleagues who were not directlyinvolved or implicated were fearful. This fear wascertainly caused by the fact that, if they were linkedwith me, they would also be at risk of beingharassed.” In other cases, they display a lack ofconcern by believing the rumour. They also refuseto believe the intensity and violence of the remarksor gestures reported. “If the harassment is badenough, many will doubt that it is true.”

Some colleagues may also take advantage of anunfair situation or may slowly end up believing thatcertain vexatious behaviours and violations ofother people’s integrity are normal and natural inuniversities. They may even go as far as findingfault with the victims of harassment, suspectingthem of “taking it the wrong way,” not grasping “therules of the game” or causing their own misfortune.

The problems worsen when the harassers abusethe powers entrusted to them, in particular whenthey are members of bodies whose decisions havefar-reaching consequences. “Harassment betweenindividuals who do not have access to authority is anuisance. But once these individuals have access topower, they can go very far. Therefore, the strongerthe power, the greater the harassment can be.Especially when democratic institutions which are

supposed to counterbalance or temper this powerdon’t work.” Faced with situations where injustice,manipulation in meetings, neglect and arbitrarybehaviour stem from a corruption of collegiality,nothing can justify the silence of colleagues andtheir abdication of responsibilities.

As a professor, you have to do somethingif you witness harassment, whetherdirectly or indirectly. Thus, you must:

• speak out against all harassingconduct (in this respect, silence con-stitutes tacit consent);

• offer open support to the victimsof harassment;

• help to promote awareness amongyour colleagues by starting a discus-

sion with them, privately and publicly;

• avoid siding systematically with the strongerparty or the majority, so as to break the isolationand marginalization of victims of harassment;

• use your formal or informal authority to stopall conduct deemed unacceptable;

• identify the methods of work organizationwhich create an ideal breeding ground for harass-ment and help to implement standards and rulesthat promote respect and cooperation.

“Harassment will stop when the Universityunderstands that it cannot isolate or stigmatizeprofessors.”

“Everybody thinks of their own career. It really hurts to think that nobody wouldwant to come to testify on my behalf. That’s what’s killing me.”

“For a year, colleagues told me to just ignore the threats because they wereunfounded. It was only when some colleagues clearly showed that they disap-proved of my harassers’ conduct that the situation changed, especially when atenured and respected professor decided to intervene on my behalf. I wish thathe had spoken up earlier.”

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COLLEAGUES AND HARASSMENT

The FQPPU defends the University as a publicservice and recognizes that the university’s missionsof construction and transmission of knowledgeshould be accomplished in an appropriate context.To effectively and efficiently contribute to thesemissions, professors and other academic staff – themain people responsible for these missions – mustbe able to rely on a healthy climate that fosters cre-ativity, rigour and autonomy of thought and action.They must participate in a collegial way in decisionsthat have a direct impact on academic life, whetherthey are related to resources or programs.

Unfortunately, in recent years, the environmentin which academic work is performed has changedsignificantly. The under-funding of universities andthe methods of funding academic research haveresulted in a competitive context and organizationalchanges that give rise to vexatious behaviours.Psychological harassment is hitting the universitiesas well as the other sectors of Quebec society.

Although the FQPPU research results do not providea precise estimate of the extent and nature of theproblem, they clearly show that professors are firstand foremost concerned about the behaviour of col-leagues and the deterioration of the work climatewithin collective decision-making or advisory bodies.Rules specific to university traditions which, at firstglance, might suggest a protective effect are toooften corrupted. Thus, committee proceedings andrules of deliberation and consensus have beenmanipulated, as well as the criteria for allocatingtasks and resources; the exercise of legitimate formaland informal powers is degenerating into relationsof domination, which pave the way for harassment.

The Act respecting labour standards gives employ-ers and unions important and unavoidable respon-sibilities for combating psychological harassment.Apart from these legal responsibilities, which musttranslate into credible and known procedures forhandling complaints, the FQPPU considers that pre-vention is a priority and a concern that must beshared. For this form of insidious violence to nolonger be tolerated, university administrations,unions and professors must learn to recognize itsmanifestations and, especially, strive to restore theUniversity as a place where discourse, collegialityand collaboration among colleagues reign supreme.

The unions are directly challenged to break downthe wall of silence. In order to avoid the very realtraps of psychologization and judicialization ofintervention related to harassment, it is importantto create spaces where specific cases of workplaceviolence can be revealed. Public discourse and debateare the only ways to produce analyses and views

that can change the practices which erodesolidarity and destabilize individuals.This will provide the basis for the devel-opment of resistance to violence anddemands for a safe work environment.

“The basic problem we are confronted with is the code of silence. The code ofsilence works both ways: universities will do everything to keep problemsquiet, but the victims of harassment are the first to keep silent. They keepsilent because they are ashamed of what they experienced, but mainlybecause they are afraid of being ostracized. It’s the code of silence that shouldbe broken. How to break it? The first thing to do is to talk about it, talk about itand talk about it.”

“Institutionally, this does not make any sense. If nothing is done, it will getworse and worse, and our universities will be unbearable.”

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COMBATING HARASSMENT WITH PUBLIC DISCOURSE AND DEBATE

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GENERALLY RECOGNIZED RIGHTS IN INSTITUTIONAL POLICIES UNDER THE LEGISLATION

• Right to a work environment free from harass-ment and working conditions which respect thehealth, safety and dignity of employees.

• Right to be heard, advised and informed by aperson appointed by the employer, recognized forhis or her impartiality and skills, and in accordancewith confidentiality rules.

• Right to a prompt intervention by the employerto ensure the employee’s physical safety andpsychological security. In certain cases, provi-sional intervention to shield the complainant fromthe implicated party may prove to be necessary.

• Right to use internal mediation and inquiryrecourses which are generally available in uni-versities, without losing the right to grievance.

• Right to be protected from reprisals when report-ing harassment to the employer, when requestingsupport or participating in the settlement of aharassment case.

• Right to refuse mediation that is free and voluntary.

• Right to keep control over one’s complaint and,if the need arises, to withdraw at any time.

• Right to be treated impartially by competentpersons and in accordance with the recognizedrules of equity and confidentiality which apply tomediation and inquiry procedures.

• Right of the implicated party to know thecharges against him or her and to make his or herversion of the facts known.

• Right to be assisted or advised by a person ofone’s choice during the procedure, since this person is not part of the process and cannot be questioned as a witness at an inquiry orgrievance arbitration.

• Right to be protected from frivolous complaintsand false allegations.

• Right to be heard and supported by one’sunion in order to obtain fair treatment.

• Right to be compensated by the CSST for anoccupational injury which results from work-place harassment and, if a grievance arbitratorrecognized that harassment had occurred andthat the employer failed to fulfil its obligations,right to be compensated by the employer forwages lost, punitive and moral damages andinterests, etc.

Are you the target of harassment?

• Consult your union.

• Remember that everyone has the right torespect.

• Let harassers know that you think their conductis inappropriate and vexatious.

• React explicitly and calmly to attacks.

• Seek support from the people around you.

• Inform the Employer or its representative.

• Make sure to gather and keep evidence.

• Protect your health and do not hesitate to takeleave if necessary.

• Use the recourses provided for in your workenvironment.

Are you a member of the academic staff?

• Do not keep silent if you witness harassment.

• Offer your open support to the victims ofharassment.

• Use your moral or formal authority to protestagainst all forms of abuse and violence.

• Help to implement labour standards that ensurerespect for individual integrity by starting a dis-cussion on the issue privately and publicly.

Do you work for a union?

• Ensure that the union publicizes its commitmentto combat all forms of harassment and its policyfor receiving and handling complaints.

• Give your opinion on the Employer’s policy.

• Make sure that union officials are sensitive tothis issue and are trained and skilled in providingmembers with the attention and support towhich they are entitled.

• Act promptly when a request is submitted to you.

• Participate in the development of local solutionswhich ensure the protection of individuals, theelimination of the causes of harassment, and theintroduction of standards and rules conducive toeffective teaching.

• Suggest organizational solutions and theinclusion in the collective agreement of provi-sions that reduce the opportunities to harassand abuse power.

Are you in a position of authority or management?

• Grant everyone the right to a safe and harass-ment-free environment.

• Manage with transparency, fairness and respectfor people.

• Ensure that rules, collaboration and collegialityare maintained or restored in your environment.

• Act promptly when a potential or evident caseof harassment is brought to your attention.

• Ensure that the University publicizes its positionon harassment issues.

• Use, if necessary, the consultation servicesand the procedures for handling complaintsmade available to you by the Employer.

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SUMMARY TABLE

PSYCHOLOGICAL HARASSMENT AMONG UNIVERSITYPROFESSORS AND ACADEMIC STAFF – An Awarenessand Action Guide

Harassment observed in universities is, more often thannot, symptomatic of organizational rules and practiceswhich break up groups, surreptitiously corrupt work ethics,corrupt power relations and exacerbate modes of control bysubjecting professors and academic staff to competition andaccounting-oriented management principles that are irrele-vant, even contrary, to the quality of research or teaching.

Since they are part of the university culture, some of theserules and practices give rise to and sustain psychologicalharassment. How should those in the academic communityreact to these forms of conduct? How can this phenomenonbe prevented? The purpose of this guide, produced by theFQPPU and based on a scientific survey, is to help universityprofessors, academic staff, administrations and unions toidentify cases of psychological harassment, to solve themeffectively and, better still, to get to the root of the problems.

Fédération québécoise des professeures et professeurs d’université (FQPPU) 4446, boulevard St-LaurentSuite 405Montreal (Quebec) H2W 1Z5Telephone: 514.843.5953Fax: 514.843.6928federation@fqppu.orgwww.fqppu.org

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