Anti-Harassment Protocol

ESMUC seeks to be a benchmark in upholding fundamental human rights and is committed to preventing and eradicating any discrimination based on sex or gender, sexual orientation, gender identity and/or expression, as well as any situations of harassment that may occur within the School environment, or other discriminatory behaviors or abuses of power.

Through the anti-harassment protocol, mechanisms are established to protect members of the ESMUC community and to move forward towards a fairer, more civic-minded society that respects the rights and dignity of individuals.

ESMUC against sexual harassment and discrimination based on gender, sexual orientation, and gender identity and/or expression

Examples of behaviours that may indicate the existence of harassment

Verbal behaviors:

  • Making obscene sexual comments

  • Making offensive sexual jokes

  • Addressing someone in a degrading or obscene manner

  • Spreading rumours about someone’s sex life

  • Asking about or sharing sexual fantasies or preferences

  • Making vulgar comments about another person’s body or physical appearance

  • Talking about one’s own sexual practices or abilities

  • Persistently inviting someone to participate in social or leisure activities

  • Offering or pressuring someone to agree to dates or sexual encounters

  • Demanding sexual favours

Non-verbal behaviors:

  • Leering at someone’s body

  • Making obscene gestures

  • Using sexually explicit graphics, cartoons, drawings, photographs or images from the internet

  • Sending offensive sexual content through letters, notes, emails, mobile phone messages or any other social media platform

Physical behaviors

What is harassment based on sex or gender?

Harassment on the grounds of sex or gender is considered to be any unwanted behavior, whether verbal or physical, carried out on the basis of a person’s sex or gender, with the purpose or effect of violating their dignity and creating an intimidating, degrading, or offensive environment (Art. 7.2 LOIEDH).

Examples of behaviours that may indicate harassment based on sex or gender

  • Discriminating against a female employee or student simply because she is a woman

  • Engaging in any practice that violates women’s rights simply because they are women

  • Discriminating against an employee or student because she is pregnant or due to her motherhood

  • Discriminating against an employee on the grounds of gender (because they do not conform to the role culturally attributed to their sex) or for exercising any employment right related to work–life balance

  • Displaying condescending or paternalistic attitudes

  • Engaging in discriminatory behaviour on the grounds of sex or gender

  • Addressing someone in an offensive manner

  • Ridiculing or undermining someone’s abilities, skills or intellectual potential on the grounds of their sex

  • Using sexist humour

  • Ignoring someone’s contributions, comments or actions because of their sex or gender

  • Assigning meaningless or impossible-to-achieve tasks on the grounds of sex or gender

  • Sabotaging someone’s work or deliberately preventing them from accessing the resources they need to carry it out (information, documents or equipment) on the grounds of sex or gender

  • Arbitrarily denying someone leave or other entitlements to which they are legally entitled on the grounds of sex or gender

What is harassment based on sexual orientation, gender identity and/or gender expression?

Harassment on the grounds of sexual orientation, gender identity, or gender expression is considered to be any behavior based on a person’s sexual orientation, gender identity, or gender expression that has the purpose or effect of violating their dignity or their physical or psychological integrity, or of creating an intimidating, hostile, degrading, humiliating, offensive, or distressing environment (Law 11/2014).

Examples of behaviours that may indicate harassment based on sexual orientation, gender identity and/or gender expression

  • Ridiculing, belittling or isolating people because of their gender identity, gender expression and/or sexual orientation, whether they are employees or students

  • Displaying discriminatory behaviour towards someone because they are not heterosexual

  • Addressing someone in an offensive manner because of their sexual orientation, gender identity or gender expression

  • Engaging in acts or using derogatory language that incites violence against a person or group on the grounds of their sexual orientation, gender identity or gender expression

  • Making disparaging remarks, mocking comments, jokes, gestures or offensive comments with LGBTI-phobic connotations in the workplace or academic environment, or publicly mocking or ridiculing rights recognised in the field of equality and diversity

  • Inciting hatred, violence or discrimination against LGBTI+ people

  • Making jokes that reinforce stereotypes about non-heterosexual people

  • Denying work–life balance rights to people with non-traditional family structures

  • Discriminating against someone because they are not cisgender

  • Making jokes that reinforce stereotypes about transgender people

  • Ignoring someone’s contributions, comments or actions (excluding them or not taking them seriously)

Other discriminatory behaviours and abuses of power

Discrimination is understood as any action that results in unfavorable, inferior, or exclusionary treatment on the grounds of racial or ethnic origin, religion or beliefs, disability, age, language, opinion, place of birth or residence, or personal or social condition or circumstance (such as economic level or purchasing power, physical and/or intellectual conditions, or any other “classist” basis), as well as harassment on the grounds of racial or ethnic origin, religion or beliefs, disability, or age, and workplace and/or academic harassment.

Digital violence

When the behaviors referred to in this Protocol take place through the use of information and communication technologies—via the internet, telephone, or social media (it is not necessary for the aggressor and the victim to have physical face-to-face contact)—such behaviors constitute digital violence or cyberviolence.

ESMUC’s commitment to preventing and detecting harassment and discrimination, and taking action against them

The following principles are guaranteed in any procedure concerning harassment and discrimination:

  • Respect and protection

  • Confidentiality

  • The right to information and to have affected individuals heard

  • Support from specifically trained professionals

  • Due diligence and prompt action

  • Fair treatment

  • Protection against possible retaliation

In the event that any case of sexual harassment or discrimination is proven, the responsible party will be subject to a sanction classified as very serious under disciplinary regulations, and may be dismissed in the case of staff or expelled in the case of students.

What can I do if I experience any form of harassment?

You can contact any member of the Anti-Harassment Committee by submitting a written statement/form, by email, or through a direct conversation.

The Anti-Harassment Committee

It is composed of:

> General Director: Núria Sempere

> Two members of ESMUC staff: to be determined

> A representative of the Works Council: Antonio Álvarez

> Head of Human Resources: Mònica Bayo

> Gender Equality Officer: Gisela Garcia