The document "PROTOCOLO DE PREVENCIÓN Y ACTUACIÓN EN CASOS DE ACOSO Y DISCRIMINACIÓN" was issued on June 26, 2018, by UTEC in Montevideo. It outlines the measures and procedures for preventing and addressing harassment and discrimination within the institution.
Key Points of the Protocol:
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Scope of Application: The protocol applies to collaborators, consultants, students, and anyone associated with UTEC, regardless of the relationship type, as long as they are part of the UTEC community (Article 1).
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Human Rights Framework: The protocol is based on human rights and gender equality, which are central components of UTEC's Institutional Educational Project. The institution has aimed to incorporate gender perspectives both in its foundational principles and in its educational model (Article 2).
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Objectives: The objectives include establishing a commitment to provide a healthy work and study environment, defining behaviors to prevent, raising awareness of the impact of such behaviors, and preventing harassment and discrimination. The protocol also defines the role of the Commission for Prevention and Action in cases of harassment and discrimination and sets up reporting mechanisms, regular training, and monitoring of the work and academic environment (Article 3).
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Legal Framework: The protocol's legal framework references the Constitution of Uruguay and several laws, such as Law 18.561 on sexual harassment prevention, Law 18.104 on gender equality, and others regarding anti-racism and freedom of association (Article 4).
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Principles: The principles of the protocol include gender equality, prevention of harassment and discrimination, open communication, confidentiality during investigations, prompt action, prohibition of retaliation, and acting in good faith (Article 5).
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Definitions: The protocol provides definitions for various forms of harassment, including moral and sexual harassment, and discrimination, drawing on both national laws and academic references. Moral harassment (or "mobbing") involves repetitive actions aimed at socially excluding or negatively impacting someone's work. Sexual harassment involves unwanted sexual conduct, which creates an intimidating or hostile environment (Articles 6-9).
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Commission: The Commission for Prevention and Action in cases of harassment and discrimination was formally created in December 2017. It is composed of five main members and five alternates with backgrounds in legal, psychological, sociological, or labor relations fields. The commission's responsibilities include prevention, conducting investigations, and providing training (Articles 10-11).
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Reporting Process: Affected individuals can report harassment directly to the Commission, the Educational Coordinator, or through other channels. Reports can be written or verbal and must be handled confidentially (Articles 12-13).
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Investigation and Resolution: The Commission is responsible for investigating cases and reporting to the CDCp within 20 working days. The investigation may involve interviews, gathering evidence, and presenting findings to determine appropriate actions (Articles 14-15).
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Protection for Complainants and Respondents: The protocol ensures measures to protect complainants, such as temporary changes in work or study conditions. It also guarantees respondents the right to express their version of events until the investigation is complete (Articles 16-17).
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False Reports: The protocol also addresses false reporting. If it is determined that a report was made in bad faith, disciplinary measures may be taken against the complainant (Article 18).
This comprehensive protocol reflects UTEC's commitment to providing a safe and inclusive environment for all members of its community, addressing issues of harassment and discrimination systematically and proactively.