University Staff Ombudsperson

I. Tasks of the University Ombudsperson

  1. Planning and performing tasks related to equal treatment (prevention of discrimination, including harassment and mobbing);
  2. Taking up and coordinating action in order to solve conflicts related to unequal treatment (discrimination, including harassment and mobbing);
  3. Helping parties to solve their conflict, especially helping to diagnose the problem and choose ways to solve it, also lead them to solving the conflict on their own;
  4. Cooperation and coordination of the work of faculty ombudspersons and ombudspersons in WUT university-wide and administration organisational units;
  5. Taking up explanatory action, including contacting relevant WUT organisational units to obtain information/explanations in the conducted mediation and informing the employer on each refusal to help or provide explanations;
  6. Informing the employer on cases of serious breach of employee obligations related to the exposed discrimination, including harassment and mobbing;
  7. Initiating and co-organising training and consultations for WUT students, doctoral students and employees, in particular for ombudspersons;
  8. Initiating and co-organising social campaigns, including publishing information materials on prevention of unequal treatment and discrimination;
  9. Supervision of correct receipt of information from whistle-blowers and related procedures, including appropriate (adequate) formulation of conclusions for University authorities;
  10. Cooperation with the Rector’s Representative for equal treatment, Senate’s Committee for Professional Ethics, Rector’s Committee for University Social Responsibility, WUT organisational units, students’ union, doctoral students’ union, trade unions, social labour inspectors working at WUT in the field of prevention of unequal treatment and discrimination;
  11. Collecting relevant regulations, information and documents to monitor changes in the law and University internal regulations;
  12. Recommending to the Rector changes in policies, regulations, procedures related to university social responsibility, including discrimination and whistle-blowers;
  13. Preparing, in consultation with the Council for equal treatment, recommendations of actions to prevent unequal treatment and widely understood discrimination;
  14. Preparation of analyses and reporting;
  15. Replying to written and oral questions;
  16. Promotion of alternative conflict solving methods and high ethical standards.

II. Anti-discrimination procedures at WUT

At the Warsaw University of Technology, the process of prevention of unequal treatment and discrimination, including harassment and mobbing, is conducted in three stages: prevention, mediation and formal proceedings. 

I. PREVENTION

  • issuance of WUT internal legal regulations (regulations on anti-discrimination procedures at WUT*);
  • information (social campaigns);
  • trainings (aimed at specific groups). 

II. REACTING

Adequate proceeding in case of being informed or getting information on an unwanted behaviour/conflict, i.e.:

  1. On the request of the person concerned or University/WUT organisational units authorities the case is referred for mediation to solve the conflict amicably; 
  2. If there is no solution in mediation or if the person concerned does not see the possibility of mediation, they may submit a complaint, within 4 days after the end of the mediation process, to the University authorities, which starts the formal stage of the procedure: 
  • initiating explanatory proceedings between the perpetrator and the victim (at this stage there is still a chance for mediation and amicable solution of the case/rectification of the misdeed);
  • initiating disciplinary proceedings the participants of which are the accused and the disciplinary spokesperson before the disciplinary committee.

III. DISCIPLINING

Decision on disciplinary responsibility laid down in Art. 276 section 1 or Art. 307 of the Act of 20.07.2018 Law on Higher Education and Science or Art. 108-113 in connection with Art. 18 [3a], Art. 94 [3] of the Labour Code, in accordance with WUT internal regulations. 

In case of students – disciplinary responsibility for breach of regulations binding at the university and behaviour that is unbecoming of a student.

In case of doctoral students - disciplinary responsibility for breach of regulations binding at the doctoral school and behaviour that is unbecoming of a doctoral student. 

Regulations on anti-discrimination procedures at WUT: 

  1. Regulation no. 27/2022 of the Warsaw University of Technology Rector of 5 April 2022 on the prevention of unequal treatment and mobbing of employees at the Warsaw University of Technology
  2. Regulation no. 28/2022 of the Warsaw University of Technology Rector of 5 April 2022 on the prevention of unequal treatment of students, doctoral students, participants in postgraduate studies, and other forms of education, those providing services based on civil law contracts, volunteers, interns, trainees, and retirees of WUT. 

III. Procedures applied by ombudspersons during mediation

Ombudspersons at WUT, in their work, rely on ethical rules and standards adopted by the International Ombudspersons Association. In the mediation process at WUT, they follow regulations and procedures identified as key for mediators, i.e.: confidentiality, mediator’s neutrality and impartiality, and the parties’ voluntary participation in mediation. 

Reporting

Every person concerned can report (in the spoken or written way) that they experience unequal treatment (discrimination, including harassment and mobbing) to the ombudsperson or University ombudsperson.

The report should include:

  1. Description of action or behaviours which in the opinion of the person concerned constitute unequal treatment (discrimination, including harassment and mobbing);
  2. Name and surname of the person or persons who in the opinion of the person concerned are responsible for the unwanted behaviour;
  3. Proof that the unwanted behaviour or action took place. 

In case of a spoken report, the ombudsperson shall draw up a written report, covering all elements that the written report of the person concerned should include. 

Mediation stages 

The mediation proceedings should start within 10 days of reporting the problem. The ombudsperson begins the procedure by meeting the parties. They recognise the problems, diagnose the type of conflict, take the decision whether the case should undergo mediation and after the consent of the parties and approval of the person running the proceedings, they initiate mediation.

Stage I of mediation: individual meetings with each party during which the ombudsperson formally presents to the parties the rules of mediation, their regulations and legal consequences of the problem. The parties present to the mediator their point of view of the conflict and way of solving it.

Stage II of mediation: direct mediation meetings in which the parties work out on their own the best solutions with the communicative support of the mediator. The mediator helps the parties to formulate the agreement in writing to make it specific, in line with the Polish legal regulations (not trying to circumvent them) and with the policy related to the Warsaw University of Technology social responsibility.

At the mediation stage it is possible to conduct so-called indirect mediation sessions, i.e., the parties mediate through the mediator who informs the parties about their expectations towards each other.

Stage III of mediation: the parties sign the agreement worked out by them with the help of the mediator. The mediator draws up a few copies, one for each party and one for archiving purposes.

The ombudsperson is obliged, also for archiving purposes, to make a report on mediation (its form should be in line with generally applicable mediation rules, see: court mediation). The report is made even if an agreement is not reached.

 Conclusion

Mediation should be concluded within 3 months of the date of the report (it may be extended if this should facilitate amicable solution of the case).

In case of no solution by mediation or if the person concerned does not see the possibility of mediation, they may submit a complaint within 14 days of the end of the mediation to the: Rector, Vice-Rector for General Affairs, and in case of students and doctoral students to the Vice-Rector for Student Affairs, Vice-Rector for Research or Vice-Rector for General Affairs, which starts the formal (disciplinary) procedure.

If the case is not solved in mediation, the ombudsperson shall provide the parties with information on legal regulations on prevention of discrimination at WUT and informs of persons who could conduct further proceedings.

IV. Legal aspects

Legal basis of the operation of the Office for University Social Responsibility and WUT University Ombudsperson

Basic legal acts on HUMAN RIGHTS AND EQUAL TREATMENT/PROHIBITION OF DISCRIMINATION in national and international law: 

Detailed legal acts in various parts of the Polish civil and public law, related to HUMAN RIGHTS AND EQUAL TREATMENT/PROHIBITION OF DISCRIMINATION: 

  • Labour Code: Art. 11, Art. 15, Art. 18, Art. 94 pt 4
  • Civil Code: Art. 23 (personal rights), Art. 24 (means of personal rights protection), Art. 44 and 448 (compensation and rectification of a misdeed)
  • Code of Administrative Conduct: Art. 8 section 1 (rules of proceedings of public administration bodies)
  • Criminal Code: Art. 197 (rape), Art. 199 (abuse of the subordination relation), Art. 207 (abuse), Art. 212 (insult and defamation), Art. 217 (violation of bodily integrity), Art. 218 (violation of employees’ rights), also Art. 256 (hate-mongering)
  • Petty Offence Code: Art. 107 (malicious distress of another person), Art. 140 (indecent behaviours)