Republic of Turkey

BOĞAZİÇİ UNIVERSITY

PSYCHOLOGICAL HARASSMENT (MOBBING) PREVENTION COMMITTEE GUIDELINES

CHAPTER ONE

Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1: (1) The purpose of this Guideline is to regulate the establishment, duties, working procedures and principles of the Boğaziçi University Psychological Harassment (Mobbing) Prevention Commission, as well as the rules governing the reporting, complaint, support process and in-service training programmes related to psychological harassment (mobbing).

Scope

ARTICLE 2: (1) This Guideline covers the formation, duties, working procedures and principles of the Boğaziçi University Psychological Harassment (Mobbing) Prevention Commission, as well as the principles and procedures to be observed in reporting and complaints, support processes and in-service training related to the subject.

Legal Basis

ARTICLE 3: (1) This Directive has been prepared based on Article 14 of the Higher Education Law No. 2547 and the General Directive on the Prevention of Psychological Harassment (Mobbing) in the Workplace No. 2011/2, published in the Official Gazette dated 19.03.2011 and numbered 27879.

Definitions

ARTICLE 4: (1) The terms used in this Directive shall have the following meanings:

1. Employee: Academic and administrative staff of Boğaziçi University and other employees,
2. University members: Academic and administrative staff and other employees within Boğaziçi University, as well as the University's students,
3. Workplace: All academic, administrative, and social service units within Boğaziçi University,

c) Workplace environment: All physical and virtual environments within the workplace,

4. University units: All academic, administrative and social activity units within Boğaziçi University,
5. Psychological Harassment (Mobbing): Actions and behaviours that constitute psychological violence, carried out intentionally, repeated with a degree of regularity, and occurring in the workplace, which harm the victim's personal rights, professional status, physical and/or psychological health, work relationships, or social relationships.
6. Commission: The Psychological Harassment (Mobbing) Prevention Commission,
7. Chairperson: The Chairperson of the Psychological Harassment (Mobbing) Prevention Commission, g) Rector: The Rector of Boğaziçi University,
8. University: Boğaziçi University,

SECOND SECTION

The Formation, Duties, Powers, and Procedures and Principles of Operation of the Commission

Formation of the Commission

ARTICLE 5: (1) The Psychological Harassment (Mobbing) Prevention Commission shall be appointed by the Rector;

1. Academic staff (4 members),
2. Administrative staff (2 members),
3. The Deputy Secretary General, for a total of 7 (Seven) members.

2. It is preferable that the members of the Commission appointed from among the academic staff are from fields such as law, psychology, psychiatry, psychological counselling and guidance, and social services.
3. The Chair of the Commission is appointed by the Rector. The Chair selects one of the academic staff members of the Commission as Vice-Chair.
4. An employee from the Disciplinary Affairs Department attends meetings as a Reporter.

Term of Office of Commission Members

ARTICLE 6: (1) The term of office of Commission members is three years.

2. In the following cases, the term of office of a Commission member shall be terminated by the Rector upon notification by the Commission Chair to the Rectorate, even before the expiration of this term:
   1. The death of the member, a written resignation statement, or the member's departure from the University,
   2. The member's failure to attend three consecutive Commission meetings within a calendar year without permission or excuse,
   3. The member receiving a final judicial and/or administrative penalty incompatible with their membership of the Commission.
3. In the following cases, the Commission membership may be terminated before the end of the term, upon notification of the circumstances to the Rector by the Commission Chair:

Chair to the Rectorate, the Rector may terminate the membership:

1. The member's failure to attend at least three Commission meetings without permission or excuse,
2. It being understood that the member will be unable to attend Commission meetings for a period of six months or longer, even with a valid excuse,
3. The existence of an ongoing judicial and/or administrative investigation concerning the member.

4. Members whose term has expired may be reappointed. A new member replacing a member whose membership has ended for any reason before the end of their term shall complete the term of the former member.

Duties and Powers of the Commission

ARTICLE 7: (1) The Commission shall perform the following duties and exercise the following powers:

1. To raise awareness among university members about psychological harassment (mobbing) and to organise training and information meetings for the purpose of preventing psychological harassment, to design programmes aimed at preventing psychological harassment and to ensure their implementation,
2. To submit recommendations to the Rectorate for the development of policies and practices against psychological harassment at the university,
3. To develop an action plan within the framework of confidentiality to assess the needs of individuals exposed to psychological harassment and to provide information on necessary security, medical, psychological, psychosocial, and legal matters,

c) Evaluating issues referred by the Rectorate or other university departments regarding allegations of psychological harassment occurring within the university and submitting reasoned opinions to the Rectorate or the referring department,

4. To evaluate the complaints of University members who apply to the Commission claiming to be victims or witnesses of psychological harassment occurring within the University and to submit a reasoned report to the Rectorate.

Working Procedures and Principles of the Commission

ARTICLE 8: (1) The Commission shall convene upon the call of the Chairperson with the absolute majority of its members and shall take decisions by the absolute majority of those present. In the absence of the Chairperson, the Vice-Chairperson shall preside over the Commission meetings.

2. The Chair has the authority to set the meeting agenda, notify members, conduct Commission work, and assign tasks for this work.
3. The Commission shall perform and exercise all its duties and powers, except those regulated by Article 7(1)(a) of this Directive, in accordance with the principle of confidentiality.
4. Commission meetings are confidential. Members and those undertaking the role of Rapporteur are obliged to keep confidential all matters discussed, examined, and evaluated at Commission meetings, as well as all related information and documents.
5. The secretarial services of the Commission are provided by the University's Legal Advisory Office. In this context, the Legal Advisory Office
   1. accepts petitions submitted to the Commission,
   2. maintains statistics on psychological harassment cases at the University,
   3. Performs other secretarial activities as directed by the Chair.
6. The Commission is directly accountable to the Rector for the activities it carries out.
7. The Commission conducts correspondence with other individuals, institutions, and organisations required during the investigation and evaluation phase through the Rector's Office.

THIRD SECTION

Application to the Commission, Support Process, In-Service Training Programmes

Application to the Commission

ARTICLE 9: (1) Members of Boğaziçi University who believe they have been subjected to psychological harassment shall submit their complaints to the Commission Secretariat by completing the "Boğaziçi University Mobbing Prevention Commission Application Form (Appendix 1)".

2. Applications that do not pertain to a specific matter, or those that are identical in terms of their reasons, subject matter and parties to those previously resolved, shall not be examined.
3. University units shall, as a rule, obtain the opinion of the Commission before deciding on applications involving allegations of psychological harassment. The Commission shall respond promptly to requests for opinions from university units, taking into account the time limits set out in the relevant disciplinary regulations; this period shall not, as a rule, exceed ten days.
4. In cases where the initial application is made to the Commission, if deemed necessary by the Commission, the incident subject to the application shall be reported to the University unit authorised to take action in accordance with the relevant disciplinary regulations.

5. Information regarding the incident subject to complaint and the complainant and the person complained about is kept confidential at all stages by all University units other than the Commission, and all actions taken are recorded.
6. Except where legally required, no legal proceedings shall be initiated without the complainant's request.
7. The Commission shall formulate its opinions with justification, setting out the relevant legal basis. The Commission shall evaluate the alleged psychological harassment based on sufficient, credible and legally valid evidence.

Principles Regarding the Commission's Evaluation Process

ARTICLE 10: (1) In cases where university units request the Commission's opinion on matters involving allegations of psychological harassment, and in cases where allegations of psychological harassment are submitted directly to the Commission;

1. The Commission shall examine the information and documents submitted to it in detail and, if necessary, may summon and hear the persons involved in the matter (the applicant, the other party, the unit manager, field experts) and request additional written or oral statements.
2. The Commission is obliged to keep the incident, the applicant and the persons complained about confidential during the process related to the allegation of psychological harassment. Other persons aware of the incident (managers, experts) are also obliged to comply with the same principle.
3. All applications made to the Commission are evaluated promptly and expeditiously and concluded within two months. Support services may continue for a longer period.
   
   

c) Where it is understood that the applicant has deliberately submitted misleading information and documents regarding the allegation of psychological harassment, the relevant provisions of the disciplinary regulations shall apply.

2. If university units request the Commission's opinion on matters involving allegations of psychological harassment, the Commission shall submit its reasoned decision, based on its assessment, to the relevant unit in the form of a report. This report shall also be submitted to the Rectorate for information purposes.
3. Following applications made directly to the Commission alleging psychological harassment, the Commission shall submit its reasoned decision, based on its assessment, to the Rectorate in the form of a report.

Support Process

Article 11: (1) Individuals who submit a complaint alleging that they were the victim or witness of psychological harassment within the University may be advised by the Commission to seek psychological support from the Psychological Counselling and Guidance Centre at Boğaziçi University.

1. The Commission may recommend that they seek psychological support by applying to the Psychological Counselling and Guidance Centre of Boğaziçi University.
2. The legal avenues available to them in accordance with the relevant legislation are explained by the Unit member(s) designated by the Commission Chair. These discussions are recorded in minutes and signed by the relevant Commission member(s) and the person receiving support, and are kept by the Commission.

In-Service Training Programmes

ARTICLE 12: (1) If training programmes are organised for university staff to raise awareness and sensitivity regarding psychological harassment and to learn about the legal avenues available to them, the Commission shall work in coordination with the Boğaziçi University Personnel Directorate during the preparation and implementation stages of these programmes.

FOURTH SECTION

Enforcement and Implementation

Entry into Force

ARTICLE 13: This guideline shall enter into force on the date it is approved by the University Management Board.

Implementation

ARTICLE 14: The provisions of this guideline shall be implemented by the Rector.