Legal situation at the University of Bern
As employer and public institution the University of Bern is obliged to sensitize for the subject of sexual harassment and to do prevention. In accordance with the federal law about gender equality, sexual harassment at the workspace is prohibited. In accordance with the criminal code, sexual harassment is seen as constituting an offence. The University of Bern have specific regulations about sexual harassment. Furthermore, it have established a external contact point.
At the University of Bern, the following contact points are responsible for the issue of sexual harassment and have a duty to act:
- Irene Strobel, Head of Human Resources Office: counselling in the area of labor-law
- Claudia Willen, Head of the Office for Equal Opportunities: Prevention and advice about the procedure
- Christoph Pappa, Head of Legal Service Office: Information about legal external condition
Managers also have a duty to act in the event of sexual harassment. This means that they must report the incident to an internal point of contact.
False accusation
The University of Bern does not tolerate sexual harassment - but it also does not tolerate false accusations. False accusation can therefore punished with sanctions too.
Legal framework in Switzerland
Gender-equality law
“Any kind of harassing behaviour of a sexual or other nature based on a person’s gender which affects the dignity of women and men at the workplace is discriminating. This misconduct can include threats, the promise of favours or advantages, coercion and pressure in order to obtain favours of a sexual nature.” (Article 4)
“In case of discrimination through sexual harassment the court of law can also grant compensation to the victim, if the employers cannot prove that they have adequate and necessary measures in place in order to prevent sexual harassment, measures which can justifiably be expected. Compensation is determined after the evaluation of circumstances and is calculated on the basis of the average wage in Switzerland.” (Article 5 paragraph 3)
Bylaw on staff of the Canton of Bern
“The administration and the state chancellery protect the dignity of women and men at the workplace; they act pre-emptively and take the necessary measures against sexual harassment. Sexual harassment is defined as any kind of conduct with a sexual connotation which is undesired by one person concerned and debases the victim because of its gender.” (Article 5 paragraph 1 and 2)
Labour Law
“The employer is duty bound to take all necessary measures as called for according to previous experience, applicable according to the technical standards and adequate to the conditions of the enterprise. The employer is furthermore responsible for taking all necessary measures in order to protect the personal integrity of the employees.” (Article 6 Paragraph 1)
Penal Code
“Any person who commits an act of a sexual nature in front of somebody who is not expecting this, any person who sexually harasses another person by assault or verbal abuse will be fined at request.” (Article 198)