Discrimination, harassment, sexual harassment and degrading treatment (victimisation)

Here, you can find more information about:

• How discrimination, harassment, sexual harassment and victimisation might be expressed.
• What you can do if you or someone else is victimised.
• How to make a complaint.
• The consequences of subjecting a person to discrimination, harassment, sexual harassment and victimisation.

What is discrimination?

Discrimination is when a person is disadvantaged or treated less favourably than someone else in a comparable situation, and it has a connection to one of the seven grounds of discrimination: sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation and age.

The Discrimination Act is intended to counteract discrimination and promote equal rights and opportunities with respect to the seven grounds of discrimination.

To be deemed as discrimination, the unfair or unfavourable treatment must take place within a social domain that is protected in the Discrimination Act and where there is a power relationship between individuals and society. Education is such a protected domain.

This protection also covers situations between students. It is the responsibility of the education provider, Örebro University, to ensure that the discrimination or harassment ceases. As a student, you have a strong protection against discrimination.

Note that the protection does not apply in the private sphere, for example, if you are victimised by a neighbour or a friend. Instead, such violations of your dignity are a matter for the police.

What is harassment?

Harassment is a form of discrimination. Harassment is an action, behaviour or treatment that violates a person’s dignity and which is associated to one or more of the grounds of discrimination.

It may involve ridicule or humiliation, such as derogatory comments about sexual orientation or ethnicity. 

What is sexual harassment?

Sexual harassment is unwanted behaviour or behaviour of sexual nature that violates someone’s dignity. Sexual harassment differs from harassment in general in that the person who is subjected need not be protected by any of the seven grounds of discrimination for it to be considered sexual harassment.

Sexual harassment may be:

• Physical – such as hugs, touching or other unwelcome physical approaches.
• Verbal – such as jokes, comments, suggestions or jargon.
• Non-verbal – such as sexual looks, gestures, notes, text-messages or images.

For students, incidents that occur outside of the university, but which is connected to the studies, are also covered within the Discrimination Act. This includes incidents at placements, study visits or other activities, that the university organises and for which it is responsible.

Sexual harassment falls under the Discrimination Act, but may also be a criminal offence according to the Swedish Penal Code. It should therefore also be reported to the police as a sexual assault.

For actions to be regarded as sexual harassment, they must be unwelcome. It is essential from a legal perspective that the victim makes it clear to the perpetrator that the behaviour is not acceptable. This can be done in various ways, such as verbally, by e-mail or text message.

The fact that the victim must clarify to the perpetrator that the actions are unwelcome does not apply if the offensive nature of the behaviour may be so obvious that no comment is required from the victim, for example, obvious sexual touching or being subjected to sexual name-calling.

Prohibition of reprisals

A student who reports discrimination, harassment, sexual harassment or participates in an investigation, must never be subjected to reprisals. Reprisals are acts that cause harm or discomfort, or which are to the detriment of victims. This may include:

• Grade reduction
• Harassment in teaching situations
• Threats of violence

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Degrading treatment or victimisation

Degrading treatment, also called victimisation, is reprehensible or negative actions directed at one or more students, and which may lead to them being excluded from the group.

Such actions do not have to be linked to any of the seven grounds of discrimination for them to be considered victimisation. 

Examples of victimisation are:

• Not greeting someone, or pretending that they do not exist
• Offensive namecalling
• Offending someone in front of others

Protection of students regarding victimisation is found in the Work Environment Act. There are also provisions to be found in the Swedish Work Environment Authority's regulations.

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Other forms of disagreements and conflicts

Most of the situations that students bring to the attention of their teachers is not, according to the law, discrimination or victimisation. Instead it concerns disagreements and conflicts between students. It is important to remember that all students have a shared responsibility for the study environment and to resolve conflict should it appear. Students are encouraged to talk to each other and together solve the situation. It this cannot be done, or the situation escalates, it is important to inform a teacher. Students can also contact the student and doctoral student representative at Örebro Student Union.

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What can you do if you are subjected to discrimination, harassment, sexual harassment or victimisation?

If you are being subjected to discrimination, harassment, sexual harassment or victimisation is is important to:

• Stop! – Clearly say to the person who is offending you that the behaviour is discriminatory, unwanted or offensive and that you want it to stop. This is especially important when you are subjected to sexual harassment. You may also ask someone you trust to talk to the person who is offending you.
• Take note – Make a note of the situation. Record the time and place, what has happened and how you experienced it. Save text messages, notes, e-mail etc.
• Tell someone – Talk to someone about what has happened and seek support. You are recommended to contact the deputy head of department but can also contact the student and doctoral student representative at Örebro Student Union or a teacher or study advisor.
• Report it – If the discrimination, harassment or victimisation does not cease, you are recommended to make a complaint to Örebro University. 

What can you do if you are a witness to discrimination, harassment, sexual harassment or victimisation?

You can give your support by confirming that something is wrong either by speaking out or by asking the victim afterwards if you can help in some way. Also inform a member of staff at Örebro University, preferable the deputy head of the department or a teacher.

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Consequences for anyone who subjects someone to discrimination, harassment, sexual harassment or victimisation.

If an investigation shows that discrimination, harassment or sexual harassment has occurred, Örebro University has a responsibility to ensure that these actions cease immediately.

If an employee has subjected a student to such actions, then they risk a warning, being transferred, or being dismissed.

If a student has subjected another student at Örebro University to such action, then they are at risk of being suspended from studies. This type of case is handled by the Disciplinary Committee.

How to make a complaint

Complaints of discrimination or victimisation are made online at Student services by filling out a form. If you make a complaint in the case of another person, they will be asked to participate in the investigation of the matter. You are not recommended to make an anonymous complaint because these are generally difficult to investigate.

Örebro University has special procedures for handling discrimination and victimisation, the document is linked here below. Throughout the process, you may receive support and advice from the student and doctoral student representative at Örebro Student Union.