MODULE 3 – SUPPORT TO VICTIMS AND
DISCIPLINARY ACTIONS
LEARNING OBJECTIVES
Having completed this module, you will be able
to:
1. Identify the appropriate disciplinary measures
to sexual harassment offences.
2. Identify the procedures to effect disciplinary
actions
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WHAT ARE THE DISCIPLINARY ACTIONS
STIPULATED IN THE GES GUIDELINE FOR
ADDRESSING SEXUAL HARASSMENT (SH)
Disciplinary measures for sexual harassment according to the
GES Guideline is based on the type and frequency of the
harassment that may occur.
In addition to this, a Grievance Committee can use their best
judgement, in line with the GES Code of Professional Conduct to
reach a decision on appropriate disciplinary actions.
Sexual harassment examples and suggested disciplinary actions
Hostile environment examples: Suggested disciplinary action
Sexual harassment examples and suggested disciplinary actions
Hostile environment examples: Suggested disciplinary action
Unnecessary and unwanted touching,
Verbal reprimand, warning to not repeat behaviour (with victim or anyone else) and a
5 pinching, massaging, dancing, hugging, a
written query documenting that a warning has been given.
or brushing up against a person’s body
Sexually suggestive stares, sounds or
Ensure harasser understands why the behaviour deserves disciplinary action (it was
gestures such as winking, licking lips,
6 b unwanted, inappropriate, and made the victim uncomfortable) and writes a letter of
whistling, sucking noises or pelvic
apology to the victim.
thrusts.
Sexually explicit jokes, pictures,
7 calendars, cartoons, internet images or c Signing a bond of good behaviour.
pornographic materials
Unnecessary and unwanted touching, Harasser should be put on probation for one year. If another case occurs during
8 pinching, massaging, dancing, hugging, d probation, termination or expulsion should be considered and the license of the accuser
or brushing up against a person’s body withdrawn.
Unwanted recurrence of telephoning,
If complaints do occur again after the probation has been completed, a second hearing
texting, emailing, comments on social
9 e should be conducted. The past offense should be noted, and termination/expulsion
media, following, stalking, gift giving,
should be considered
proposing, or asking for a date
Spying on someone that is engaged in
intimate behaviours, such as undressing, Training/counseling, reassessment of the understanding and learning of the harasser
10 f
bathing, sexual activity or any other before reintegration
activity that is considered to be private
Sexual harassment examples and suggested disciplinary actions
Hostile environment examples: Suggested disciplinary action
a) The police should be called immediately as this is
a criminal offense.
b) The person should be interdicted during the
11 Actual or attempted rape or sexual assault
period of investigation.
c) The harasser’s employment should be
immediately terminated/expelled if found guilty
Quid pro quo examples Suggested disciplinary action
1. Direct or indirect promises of academic benefits a) Verbal reprimand, warning to not repeat behaviour
(such as high grades, letters of recommendation, (with victim or anyone else) and a written query
participation in an activity, marks/lenient grading documenting that a warning has been given.
during internal & external examinations), in return b) Ensure harasser understands why the behaviour
for sexual favors deserves disciplinary action (it was unwanted,
inappropriate, and made the victim uncomfortable).
Harasser should write a letter of apology to the victim.
2. Direct or indirect promises of work benefits (such c) Harasser should be put on probation for one year. If
as promotions, housing, allowances, letters of another case occurs during probation, termination or
recommendation, good appraisals, in return for expulsion should be considered.
sexual favours d) If there are no complaints after one year of probation,
the harasser should no longer be susceptible to
termination/ expulsion.
e) Training/counseling, reassessment of the
understanding and learning of the harasser should be
conducted.
f) If complaints do occur again after the probation has
been completed, a second hearing should be
conducted. The past offense should be noted, and
termination/expulsion should be considered.
Retaliation examples: Suggested disciplinary action
a) Verbal reprimand, warning to not repeat behaviour
1. Adverse academic decisions, (with victim or anyone else) and a written query
evaluations, low grades, social documenting that a warning has been given.
exclusion, poor treatment in class, b) Ensure harasser understands why the behaviour
because a sexual advance has been deserves disciplinary action (it was unwanted,
inappropriate, and made the victim uncomfortable).
rejected or reported. Harasser should write a letter of apology to the
victim.
c) Harasser should be put on probation for one year. If
2. Adverse employment decisions, another case occurs during probation, termination
evaluations, failure to hire or promote, or expulsion should be considered.
transfer, social exclusion, poor d) If there are no complaints after one year of
probation, the harasser should no longer be
treatment in the workplace, because a susceptible to termination/ expulsion.
sexual advance has been rejected or e) Training/counseling, reassessment of the
reported understanding and learning of the harasser should
be conducted.
f) If complaints do occur again after the probation has
been completed, a second hearing should be
conducted. The past offense should be noted, and
termination/expulsion should be considered.
False accusation: Suggested disciplinary action
1. Fabricated Allegations: the case a) Verbal reprimand, warning to not repeat
behaviour and a written query
of sexual harassment is entirely documenting that a warning has been
fabricated. given.
2. Exaggerated Claims: A person
may exaggerate or embellish b)Ensure victim understands why the
behaviour deserves disciplinary action (it
details of an incident. constitutes lying and deceit) and writes a
3. False Witness: Serve as a letter of apology to the accused.
witness to a case of sexual
harassment that did not occur. c)If after a formal hearing, it is determined
that the victim and accomplice(s)
knowingly lodged a false accusation to
harm, punish or defame the alleged
harasser, the accuser should also be
subject to disciplinary action after
investigations prove otherwise.
PROCEDURES TO
EFFECT
DISCIPLINARY
ACTIONS
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PROCEDURES TO EFFECT DISCIPLINARY ACTIONS
1 2 3
On completion of the inquiry,
the grievance committee If the Disciplinary Authority is The accused person
shall submit to the satisfied that the charges are
Disciplinary Authority a shall be informed in
established, the Disciplinary
report of their findings and Authority shall consider the writing as to whether
recommended disciplinary recommendations of the the charge(s) are
action which shall include the grievance committee and established and the
record of proceedings and agree on sanctions to be accompanied sanctions.
any document or material applied.
tendered in as evidence.
PROCEDURES TO EFFECT DISCIPLINARY ACTIONS
4 5
If criminal proceedings are
instituted against a staff or Disciplinary proceedings may,
student in any court of however, be instituted
competent jurisdiction, before, during or after trial, if
ongoing disciplinary actions the criminal offence also
on the same allegations shall amounts to an infringement
be suspended until the of the GES/ GTVET Service
conclusion of the criminal codes of conduct.
proceedings in court.
THE GHANA EDUCATION LEVEL
The disciplinary authority
will implement sanctions. If
the stipulated sanction is
above their mandate, it is
NATIONAL LEVEL then moved to the national
The disciplinary authority level.
will implement sanctions. If The disciplinary authority
the stipulated sanction is will implement sanctions. If
above their mandate, it is the stipulated sanction is
then moved to the GES above their mandate, it is
Council. REGIONAL LEVEL then moved to the regional
level.
The disciplinary authority
will implement sanctions. If
GES COUNCIL
the stipulated sanction is
above their mandate, it is
They will be the final DISTRICT LEVEL then moved to the district
disciplinary authority. The level.
Council also serves as the
appellate body.
Any aggrieved officer can
SCHOOL LEVEL
appeal to the GES Council 65
THE GHANA POLICE
If it is established that the offence committed is a criminal offence,
the matter will be reported to the police for investigations
After the investigations when the police have prima faci
evidence against the offender, he/she will be placed
before court (will be charged with the appropriate
offence and placed before court) and the appropriate
sanction will be applied.
THIRD PARTY OFFENDERS
All third-party offences should
be reported by the school to
the police for investigations.
In addition, all engagement
agreements with third parties
should have anti-harassment
clauses
Who are they?
Third party offenders are persons who are not learners, employee or members of
the school community
APPEAL
PROCEDURES
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AN OFFICER WHO IS AGGRIEVED BY ANY OF THE DECISIONS HAS THE RIGHT TO APPEAL
THE DECISION IN
ACCORDANCE WITH THE CODE OF CONDUCT FOR STAFF OF GHANA EDUCATION
SERVICE (PART 8) WHICH STATES
THAT:
1. An Employee of the GES, who is 2. A staff who wishes to
dissatisfied with any sanction appeal shall be given a
or penalty may submit a copy of the Report of the
written petition to the Disciplinary proceedings
Disciplinary Authority which including, copies of
imposed the sanction or documents tendered in
evidence or the relevant
penalty, for the review of the parts.
decision.
69
AN OFFICER WHO IS AGGRIEVED BY ANY OF THE DECISIONS HAS THE
RIGHT TO APPEAL THE DECISION IN
ACCORDANCE WITH THE CODE OF CONDUCT FOR STAFF OF GHANA
EDUCATION SERVICE (PART 8) WHICH STATES
THAT:
3. A petition or appeal shall not be 4. An appeal submitted within six (6)
entertained unless it is submitted months of the date of the decision
within four (4) weeks of the date on after an earlier appeal - may be
which the decision complained of, admitted, if the authority
was communicated to the GES staff. considering that second appeal is
However, the authority deciding the satisfied that there appears in the
petition or appeal may, at their second appeal, new and material
discretion, extend the limit, if it facts which have affected the former
considers that the circumstances decision and adequate reasons for
warrant it. the non-disclosure of those facts at
an earlier date have been given.
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AN OFFICER WHO IS AGGRIEVED BY ANY OF THE DECISIONS HAS THE
RIGHT TO APPEAL THE DECISION IN
ACCORDANCE WITH THE CODE OF CONDUCT FOR STAFF OF GHANA
EDUCATION SERVICE (PART 8) WHICH STATES
THAT:
5. An appeal from an aggrieved 6. If the aggrieved employee is
staff shall be addressed to not satisfied with the
the next level of Disciplinary outcome of the appeal to
Authority, who shall appoint the next higher level
a panel to consider the specified above, that
appeal and submit a report employee may appeal to the
GES Council, through the
for consideration. Director General.
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AN OFFICER WHO IS AGGRIEVED BY ANY OF THE DECISIONS HAS THE
RIGHT TO APPEAL THE DECISION IN
ACCORDANCE WITH THE CODE OF CONDUCT FOR STAFF OF GHANA
EDUCATION SERVICE (PART 8) WHICH STATES
THAT:
7. A decision taken on a petition 8. The GES Council shall be the
shall be communicated to the final appellate body within the
petitioner, not later than one (1) Service.
week from the date of the
decision.
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AN OFFICER WHO IS AGGRIEVED BY ANY OF THE DECISIONS HAS THE
RIGHT TO APPEAL THE DECISION IN
ACCORDANCE WITH THE CODE OF CONDUCT FOR STAFF OF GHANA
EDUCATION SERVICE (PART 8) WHICH STATES
THAT:
9. An Employee shall have recourse to 10. An appeal shall not lie against a
external bodies such as the National decision taken or confirmed by the
Labour Commission, or the President of the Republic of Ghana
Commission on Human Rights and unless the complainant considers
Administrative Justice among others it necessary to seek redress in a
after exhausting all processes within court of competent jurisdiction.
the GES.
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THANK YOU!
Thank you for undertaking this course.
We hope you have deepened your understanding of sexual
harassment, its reporting procedures and avenues for redress
within the GES.
We also hope that you have deepened your knowledge on how to
support victims of sexual harassment and have acquired
information on disciplinary actions in SH.
Finally, we hope you will be an anti SH Champion in your
institution.
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