Regulations on the Prevention and Counteracting of Discrimination,
and Conflict Resolution
Approved by:
Academic Council of
National Aerospace University
«Kharkiv Aviation Institute»
Protocol No. 1 dated August 23, 2023
Enacted by: Order No. 187 dated 24.08.2023
QMS KhAI-NMD-P/003:2023
Effective date: « 01 » September 2023
Revision No. 1
1. General Provisions
1.1. The Regulations on the Prevention and Counteracting of Discrimination and Conflict Resolution (hereinafter – Regulations) of National Aerospace University «Kharkiv Aviation Institute» (hereinafter – the University) have been developed based on the Code of Ethical Conduct of the University in order to ensure equal opportunities for participants in the educational process to exercise the rights and freedoms of all employees and higher education applicants, maintain an educational environment at the University free from discrimination, bullying, mobbing, humiliation of personal honor and dignity, and define the procedure for conflict resolution and prevention.
1.2. In this area, the University is guided by the requirements of the Constitution of Ukraine, the Labor Code of Ukraine, the Laws of Ukraine «On Education», «On Higher Education», «On Principles of Preventing and Counteracting Discrimination in Ukraine», «On Ensuring Equal Rights and Opportunities of Women and Men», «On Amendments to Certain Legislative Acts of Ukraine Regarding Counteracting Bullying», «On Amendments to Certain Legislative Acts of Ukraine Regarding the Prevention and Counteracting of Mobbing», the Statute of the University, as well as these Regulations.
1.3. These Regulations have been created taking into account the best practices of other educational institutions of Ukraine and existing internal best practices at the University. They are aimed at ensuring ethical conduct and apply to all persons studying at or maintaining employment or other contractual relations with the University, in particular, higher education applicants, University employees, individuals working under civil law contracts, etc. The University fully supports freedom of expression; however, discrimination, including bullying and mobbing, is neither a legally protected expression of needs nor a proper exercise of academic freedom.
1.4. The University does not and will not tolerate discrimination, sexual harassment, bullying, mobbing, or other forms of unlawful acts or humiliation of human honor and dignity in any shape, as such behavior violates the legislation of Ukraine, the University Statute, the Code of Ethical Conduct, and the Internal Labor Rules of the University, and is inconsistent with its mission and values.
1.5. The main tasks regarding the prevention and counteracting of any discrimination at the University are:
- ensuring equality of rights and freedoms of individuals and/or groups of individuals, their equality before the law, and respect for the dignity of every person;
- raising awareness among University employees and higher education applicants about any manifestations of discrimination and the procedure for responding to such incidents;
- ensuring an effective system for preventing manifestations of bullying, mobbing, discrimination, and responding to conflict situations.
1.6. For the purposes of these Regulations, the following terms are used:
- conflict situation – a contradiction arising between two or more persons due to misunderstanding or opposing interests and views in the process of communication or joint activity, characterized by confrontation, pursuit of opposite goals, use of different means to achieve them, and divergence of interests and desires;
- discrimination – a situation in which a person and/or group of persons, based on their characteristics of race, skin color, political, religious and other beliefs, sex, age, disability, ethnic and social origin, citizenship, family and property status, place of residence, linguistic or other characteristics that were, are, or may be actual or assumed, experiences restrictions in the recognition, exercise, or enjoyment of rights and freedoms in any form established by law, except in cases where such restriction has a legitimate, objectively justified purpose, the means of achieving which are appropriate and necessary;
- bullying – actions of educational process participants consisting of psychological, physical, economic, or sexual violence, including with the use of electronic communications, committed against a minor or juvenile person and (or) by such a person against other participants in the educational process, as a result of which harm to the mental or physical health of the victim was or could have been caused;
- mobbing – systematic (repetitive), prolonged intentional actions or inaction of an employer, individual employees, or a group of employees of a work collective aimed at humiliating the honor, dignity, and professional reputation of an employee, including for the purpose of acquiring, changing, or terminating their employment rights and duties, manifested in the form of psychological and/or economic pressure, particularly using electronic communications, creating a tense, hostile, or offensive atmosphere for the employee, including one that forces them to underestimate their professional competence;
- cybermobbing (cyberbullying) – mobbing or bullying carried out in the form of intentional insults, threats, and communicating compromising data about a person to others in the collective using modern means of mobile communication, usually over a long period of time, carried out in cyberspace via information and communication channels and means, including email, social media messaging applications, and messengers;
- sexual harassment – any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature, the purpose or effect of which is to violate a person's dignity, in particular by creating an intimidating, hostile, humiliating, or offensive environment, expressed verbally (threats, intimidation, indecent/unwanted proposals and/or remarks, jokes, messages and letters, display of images, etc.) or physically (unwanted touching, patting, etc.);
- stalking – repeated attempts to observe a person, follow them, and/or harass a specific individual, forcing the person to fear for their own safety or the safety of others, or to experience significant emotional distress;
- harassment – conduct unwanted by a person and/or a group of persons, the purpose or effect of which is to humiliate their human dignity on certain grounds or to create an intimidating, hostile, offensive, or disrespectful atmosphere toward such a person or group of persons, or systematic attempts to create conflict situations without the desire to resolve them, causing harm to the psychological state of other collective members;
- offender – a person who commits any violence or humiliates the honor and dignity of another person (victim), as a result of which harm to the mental or physical health of the victim was or could have been caused;
- victim – a person who has suffered violence or the threat of violence in any form, or whose honor and dignity have been humiliated;
- counteracting bullying, mobbing, and other manifestations of discrimination – a system of measures implemented by the administration of the University and its structural subdivisions, as well as by other bodies and participants in the educational process, aimed at stopping discrimination, providing assistance and protection to the affected person, as well as properly investigating such cases.
1.7. Within the meaning of these Regulations, discrimination (discriminatory actions) includes, in particular, bullying, mobbing, cyberbullying/cybermobbing, sexual harassment, stalking, harassment, and other types of violence. These types of unlawful actions are classified as cases of unethical behavior at the University.
1.8. Within the meaning of these Regulations, lawful demands of University officials issued within their powers to higher education applicants or University employees aimed at the proper performance of their duties in accordance with the legislation of Ukraine, the Statute, Internal Labor Rules of the University, provisions of contracts with the University, job descriptions, etc., shall not be considered discrimination (discriminatory actions), including bullying or mobbing.
Other terms used in these Regulations are used in the meaning defined by the legislation of Ukraine.
1.9. The application of procedures and measures provided for in these Regulations does not preclude the possibility of applying the norms of the current legislation of Ukraine regarding the protection of an individual's rights in other ways.
2. Rights and Obligations of Participants in the Process of Preventing and Counteracting Discrimination, Sexual Harassment, Bullying, Mobbing, and Other Manifestations of Unethical Behavior
2.1. Every higher education applicant and every University employee has the right to:
- safe studying and working conditions free from any discrimination;
- personal inviolability;
- protection of honor, dignity, rights, freedoms, and legitimate interests in ways provided for by the legislation of Ukraine and these Regulations;
- have a representative or an attorney during the investigation of facts of discrimination in accordance with the procedure provided for in these Regulations;
- effective resolution of conflict situations.
2.2. All higher education applicants and University employees are obliged to:
- respect the rights and dignity of the individual, observe norms of mutual respect and equal cooperation, tactfulness and correctness, politeness and tolerance in relations between students and teachers (employees), among students, among employees, and between students/employees and other persons;
- prevent manifestations of national, religious, racial, and gender intolerance, as well as any discriminatory actions;
- maintain an atmosphere of goodwill, friendship, mutual assistance, and mutual responsibility in academic groups, departments, and across the University as a whole.
2.3. Rector (and, upon his authorization, Vice-Rectors and other University officials):
- organizes the creation of an environment at the University free from any kind of discrimination, humiliation of personal honor, and dignity;
- exercises control over preventing privileges or restrictions (discrimination) based on race, skin color, political, religious and other beliefs, sex, age, disability, ethnic and social origin, family and property status, place of residence, linguistic or other grounds;
- monitors the execution of the action plan aimed at preventing and counteracting bullying and other discriminatory actions, in particular, instructs the conducting (at least once a year) of surveys among participants in the educational process and employees regarding the situation with preventing discrimination at the University;
- considers complaints regarding failure to respond to cases of bullying based on applications from higher education applicants, their parents, legal representatives, or other persons, and makes decisions based on the results of considering such complaints, as well as considers applications or creates relevant working bodies (commissions) to consider applications regarding cases of bullying, issues decisions to conduct an investigation, and takes appropriate response measures based on its results;
- considers applications and complaints regarding cases of mobbing from University employees and makes decisions based on the results of considering such applications and complaints, creates relevant working bodies (commissions) if necessary to consider applications and complaints regarding cases of mobbing, issues decisions to conduct an investigation, and takes appropriate response measures based on its results.
2.4. Heads of structural subdivisions, in particular, deans of faculties, heads of departments, together with other employees of the department/dean's office, as well as leaders of clubs and sports sections, must:
- ensure the creation of a safe and harmonious environment in subordinate structural subdivisions and set an example of the highest standards of behavior;
- ensure the systematic organization of educational events aimed at preventing manifestations of discrimination and other forms of unethical behavior in subordinate structural subdivisions;
- foster legal awareness and lawful behavior among higher education applicants, responsibility for their lives, independence, and a desire for self-realization;
- provide protection to higher education applicants during the educational process and extra-curricular time from any forms of discrimination, including bullying and other manifestations of unethical behavior on any grounds that cause harm to health and psychological state;
- inform the University leadership about facts of discrimination and other manifestations of unethical behavior regarding higher education applicants, academic staff, and other persons involved in the educational process that they personally witnessed or received reliable information about from other persons;
- assist the commission in conducting investigations into facts of discrimination, including bullying, mobbing, and other manifestations of unethical behavior at the University, and execute its decisions and recommendations;
- respond immediately to cases of unethical behavior in accordance with the procedure provided for in these Regulations;
- adhere to the principles of objectivity, fairness, and permissible confidentiality when resolving conflict situations.
2.5. Officials of the Campus (Studmistechko) of the University, the Educational and Methodological Department, in particular the psychological service, as well as University officials entrusted with the duties of academic group curators, vice-deans, together with representatives of student self-government bodies and the primary trade union organization of students, postgraduates, and doctoral students, must:
- ensure a safe living environment for higher education applicants in the University dormitories, for their daily life and leisure;
- organize the systematic conduct of educational events among higher education applicants aimed at preventing manifestations of discrimination and other forms of unethical behavior through thematic activities: lectures, discussions, and consultations with a practical psychologist;
- ensure the implementation of measures to provide social and psychological-pedagogical services to higher education applicants who have committed, witnessed, or suffered from bullying and other types of unethical behavior;
- keep records of cases of bullying and other types of unethical behavior, and complete the relevant documentation;
- develop skills of tolerant and non-violent behavior, communication, and interaction among participants in the educational process;
- respond immediately to cases of unethical behavior in accordance with the procedure provided for in these Regulations;
- adhere to the principles of objectivity, fairness, and permissible confidentiality when resolving conflict situations.
2.6. Higher education applicants of the University must:
- comply with the legislation of Ukraine, the Statute, Internal Labor Rules, Code of Ethical Conduct of the University, and these Regulations;
- respect the dignity, rights, freedoms, and legitimate interests of all persons working and studying at the University, and observe ethical standards of behavior;
- inform the curator of the academic group, the leadership of the department, faculty, or University about facts of discrimination, including bullying, mobbing, cyberbullying, and other manifestations of unethical behavior regarding higher education applicants, pedagogical, academic staff, and other persons involved in the educational process, which they personally witnessed or received reliable information about from other persons.
2.7. Parents (legal representatives) of higher education applicants have the right to:
- submit an application to the leadership of the University (faculty, Campus) regarding cases of bullying concerning a child or any other participant in the educational process;
- demand a full and impartial investigation into cases of bullying concerning a child or any other participant in the educational process.
2.8. Parents of minor higher education applicants are obliged to:
- assist the leadership of the University (faculty, Campus) in conducting an investigation regarding cases of bullying;
- comply with decisions and recommendations of the commission for considering cases of bullying at the University.
2.9. University employees must:
- comply with the legislation of Ukraine, the Statute, Internal Labor Rules, Code of Ethical Conduct of the University, and these Regulations;
- respect the dignity, rights, freedoms, and legitimate interests of all persons working and studying at the University, and observe ethical standards of behavior;
- adhere to pedagogical ethics, protect higher education applicants during the educational process from any forms of physical and psychological violence, humiliation of honor and dignity, and discrimination on any grounds (for pedagogical and academic staff);
- foster respect for public morality and social values, in particular truth, justice, humanism, and tolerance, by guidance and personal example;
- always choose a non-confrontational way to resolve work issues, and not transfer personal troubles and problems onto relationships with colleagues;
- immediately inform the head of their unit, and, if necessary, the University leadership, about facts of discrimination, including bullying, mobbing, and other manifestations of unethical behavior regarding higher education applicants or other University employees, which they personally witnessed or received reliable information about from other persons.
3. Reporting Discrimination, Including Bullying, Mobbing, and Other Manifestations of Unethical Behavior
3.1. Every higher education applicant and every University employee has the right to address University officials authorized to consider them under these Regulations with statements or complaints regarding the violation of their personal rights or the rights of another person. The form of the statement (complaint) is arbitrary.
3.2. Facts of discrimination, in particular bullying and other manifestations of unethical behavior directed at higher education applicant(s), can be reported in any of the following ways:
- by informing the curator of the academic group where the student studies, or the vice-dean, or a representative of the Campus, the Educational and Methodological Department of the University, or a representative of the student self-government body, trade union, etc.;
- by submitting a written application addressed to the head of the department or the dean of the faculty where the student studies;
- by sending a written application to other University officials authorized to consider them in accordance with these Regulations, or to the trust box, or to the trust email posted on the University website, or, depending on the nature of the issue, to the trust boxes of the trade union committee, student self-government body, psychological service, or by calling the hotline at the phone numbers indicated on the website.
3.3. Facts of discrimination, in particular mobbing and other manifestations of unethical behavior directed at University employee(s), can be reported in any of the following ways:
- by informing the direct supervisor under whose subordination the affected employee(s) work, or a representative of the primary trade union organization of employees, etc.;
- by submitting a written application addressed to the head of the structural subdivision;
- by sending a written application to other University officials authorized to consider them in accordance with these Regulations, or to the trust box, or to the trust email posted on the University website, or by calling the hotline at the phone numbers indicated on the website.
3.4. A person reporting alleged misconduct must have reasonable grounds to assume that such conduct took place. Intentional submission of a false report may be recognized as improper (unethical) conduct on the part of the complainant, for which disciplinary measures may be applied.
3.5. Persons submitting an application (complaint) (hereinafter – the applicant) are recommended to report cases of misconduct in the shortest possible time after the incident occurred. Prompt reporting is critical for an objective clarification of all circumstances and can significantly contribute to the ability of the University and its administration to respond to the relevant reports.
4. Procedures for Considering Reports of Discrimination, Including Bullying, Mobbing, and Other Manifestations of Unethical Behavior
4.1. University officials who have received a report regarding facts of discrimination, in particular bullying, mobbing, and other manifestations of unethical behavior, must, depending on the circumstances of the case, ensure as quickly as possible:
- if possible, the immediate cessation of discriminatory actions and other manifestations of unethical behavior; and/or
- informing other University officials who are authorized to resolve the situation; and/or
- contacting law enforcement agencies with a relevant report;
- if necessary, additionally speaking with the victim, as well as with the offender and other persons aware of the circumstances of the case, and recording this information in the form of an internal memo addressed to their supervisor or another official authorized to consider the case on its merits.
4.2. After receiving a report of discrimination and holding consultations with the applicant, the applicant may choose the following ways to resolve the situation regarding discriminatory actions, including bullying and mobbing:
- informal procedure;
- formal procedure;
- refusal of the need to respond.
The methods mentioned above are chosen with the consent of the victim, provided that they are not the applicant. When making decisions regarding the rights and obligations of a minor person, the position of their parents (legal representatives) is taken into account.
4.3. When considering reports of discrimination, University officials who have a conflict of interest with a party to the case – meaning a contradiction between the personal interest of the official and their official powers that affects or may affect their objectivity or impartiality – must not participate.
4.4. Under the informal procedure, after receiving clarifying and additional information related to discrimination from the applicant in written or oral form, heads of units / deans of faculties / director of the Campus / vice-rectors of the University may, depending on the circumstances of the case, create temporary commissions under their leadership to consider such reports within up to 5 working days. The composition of such commissions usually includes the head of the unit where the victim studies / works, a representative of the primary trade union organization of the unit / University, and representatives of other units and bodies whose scope of responsibility relates to the victim, offender, or other circumstances of the case.
4.4.1. The commission meets with the offender – that is, the person against whose actions the application (complaint) was submitted – and acquaints them with the contents of the report. Within a 15-day period, the commission may hold meetings with the applicant, the offender, their representatives (if any), witnesses, and other persons who can provide the necessary information. The period of consideration may be extended by no more than 30 days upon making a relevant decision.
4.4.2. If necessary, the commission may request additional information as well as seek advice and/or information from other persons. The commission may conduct mediation regarding cases of discrimination, which includes clarifying the details of the circumstances of the case, proposing attempts to resolve the situation, and reaching an agreement in case of incidents that do not require a formal conflict resolution procedure or referral to law enforcement agencies.
4.4.3. In case a joint decision is reached, it shall be drawn up in writing and signed by both parties. A copy of such a joint decision must be kept in the Educational and Methodological Department (if the parties to the conflict are higher education applicants only) or in the Human Resources Department (if one of the parties to the conflict is a University employee) for 5 years.
4.4.4. The commission may apply the necessary measures to stop discrimination, protect the rights of the victim, and provide assistance to them, as well as implement organizational, managerial, educational, and other solutions for prevention and preventing future manifestations of discrimination.
4.5. The formal procedure for responding to manifestations of discrimination is carried out if the applicant has chosen the formal procedure, if the offender refuses the informal procedure, or in cases where a joint decision was not reached through the informal procedure. The Rector of the University must be informed about the conduct of a formal procedure.
4.5.1. Based on the information set out in the application (complaint), the Rector decides on immediate measures necessary to ensure the safety of the applicant (if required), as well as on conducting an investigation into cases of discrimination, including bullying and mobbing, specifying authorized persons. Authorized persons have the right to demand written explanations and materials from the parties and witnesses of the events, and to collect other evidence in a lawful manner.
4.5.2. To make a decision based on the results of the investigation, the Rector establishes a commission to consider the fact of discrimination, including bullying or mobbing. The commission usually includes the head of the unit where the victim studies / works, the dean of the faculty, the head of the department, representatives of the Legal Department, Educational and Methodological Department, student self-government bodies, and the primary trade union organization of the University, as well as other units and bodies of the University whose scope of responsibility relates to the victim, offender, or other circumstances of the case. The composition of the Commission is approved by the order of the Rector. The work of the commission is directly managed by the Rector himself or, upon his authorization, by the Vice-Rector of the University responsible for the relevant area of University activities. In its activities, the Commission is guided by the legislation of Ukraine, regulatory acts of the University, and these Regulations.
4.5.3. The commission meets with the offender – that is, the person against whose actions the application (complaint) was submitted – and acquaints them with the contents of the report. Within a 30-day period, the commission may hold meetings with the applicant, the offender, their representatives (if any), witnesses, and other persons who can provide the necessary information. The period of consideration may be extended by no more than 30 days upon making a relevant decision.
4.5.4. If necessary, the commission may request additional information, as well as seek advice and/or information from other persons.
4.6. Based on the results of the consideration of facts of discrimination, including bullying and mobbing, by such a commission – which must be prepared in the form of a written decision within the time limits established by these Regulations – the Rector of the University may apply necessary measures to stop discrimination, protect the rights of the victim, provide assistance, and bring the offender to liability (including eviction from the dormitory, expulsion, reprimand, dismissal, etc.), as well as instruct the implementation of certain organizational, managerial, educational, and other solutions for prevention and preventing future manifestations of discrimination. If the commission determines that the actions of the offender contain signs of an administrative offense or crime, the Rector organizes a relevant notification to authorized law enforcement agencies.
5. Conflict Resolution
5.1. Conflict situations – meaning disputes between two or more persons that, within the meaning of these Regulations, do not contain manifestations of discrimination – may arise at the University:
- between higher education applicants;
- between higher education applicants and the administration of the University (faculty);
- between higher education applicants and scientific, academic, and pedagogical staff of the University;
- between parents of higher education applicants and the administration and/or academic and pedagogical staff of the University;
- between employees;
- between employees and heads of structural subdivisions.
5.2. Upon receiving information about the occurrence of a conflict situation, the administration of the University and the leadership of structural subdivisions are obliged to:
- identify the causes of its occurrence and the essence of the differences between the positions of the parties;
- propose a lawful and justified way to resolve the disputes;
- explain to the participants in the conflict situation the content of legal documents, norms, and principles of public morality through which it is possible and necessary to resolve the dispute in a lawful manner and prevent it in the future;
- be confident that the parties to the conflict situation have understood the reasons for its occurrence and agree with the proposed method of resolving the conflict situation;
- conduct internal information and educational campaigns if necessary, aimed at raising awareness among staff and higher education applicants on resolving existing conflict situations and preventing future ones;
- in case of detecting facts of discrimination and/or other manifestations of unethical behavior during the process of resolving a conflict situation – in particular, facts of repeated, systematic creation of a conflict situation when resolution measures are clearly insufficient or when they do not achieve the goal (e.g., refusal of the initiator of the conflict situation to reach a settlement), resulting in a violation of the victim's rights – submit a report regarding the fact of discrimination in accordance with the procedure provided for in these Regulations.
6. Final Provisions
6.1. The Regulations on the Prevention and Counteracting of Discrimination and Conflict Resolution are approved by the Academic Council of the University and enacted by the order of the Rector.
6.2. Amendments and/or additions to these Regulations are made in accordance with the procedure established for its adoption.