Sexual harassment and/or gender-based harassment in academic environments are forms of violence that violate various fundamental rights and have a devastating effect on the physical, psychological, and moral integrity of individuals, especially women.

The prevention and management of sexual and/or gender-based harassment clearly and decisively demonstrate the BCNLIP Group’s (BCNLIP Language School, BCNLIP Foundation, and IBP Professional Training) commitment to fighting these forms of violence, both to the staff of the educational community – in its various sectors and areas of action – and to the students. It raises awareness among staff and students, highlights preventive oversight against harassment, and ensures a quick, confidential internal pathway for investigating, clarifying facts, protecting the victim, resolving, sanctioning, and eradicating such behaviors.

The BCNLIP Group expresses its zero tolerance for any conduct that constitutes harassment or bullying. In situations where there might be improper treatment among members of the educational community, activating the protocol allows for the discernment of facts and evidence in order to determine whether elements of harassment are present and to apply the necessary corrective measures. Failure to do so could lead to more severe situations.

The protocol is the ideal tool to make harassment protection effective by enabling the prevention and repair of the harm suffered by the victim. Informing and training the entire educational community helps to prevent behaviors that constitute harassment, ensure proper handling of the issue, and facilitates eradication, guaranteeing compliance with existing regulations.

The Objectives are:

• • Promote a culture of prevention against sexual and/or gender-based harassment.
  
• • Demonstrate the BCNLIP Group’s zero tolerance toward situations that may be detected.
  
• • Facilitate the identification of behaviors constituting harassment.
• • Implement a simple, quick, and accessible procedure for complaints or confidential reports.
• • Internally investigate complaints quickly, confidentially, and efficiently.
• • Sanction, if necessary, the perpetrator of sexual harassment and/or gender-based harassment.
• • Support the victim of harassment to prevent secondary victimization or re-victimization and, if necessary, provide access to psychological and social support.
  

The protocol procedure will be governed by the following principles:

• • Prevention and awareness of sexual and/or gender-based harassment. Information and accessibility of procedures and measures.
• • Confidentiality and respect for the privacy and dignity of the affected individuals.
• • Respect for the presumption of innocence principle.
• • Prohibition of retaliation against the supposed victim or individuals supporting the report.
• • Diligence, speed, security, coordination, and collaboration in the process.
• • Guaranteeing the labor rights and social protection of the victims.
• • Exhaustive investigation of the facts, based on principles of confidentiality, contradiction, and oral proceedings.
• • Guarantee of action, adopting necessary measures.
• • Gender and human rights approach throughout the process.

According to Article 7.2 of the Organic Law of March 22, gender-based harassment is any behavior carried out based on a person’s gender with the purpose or effect of undermining their dignity and creating an intimidating, degrading, or offensive environment.

All gender-based harassment will be considered discriminatory. It requires the presence of a series of elements that constitute a common denominator, including:

• Harassment, understood as any intimidating, degrading, humiliating, and offensive behavior originating externally and perceived as such by the person who suffers from it.
• Objective violation of the victim’s dignity, perceived subjectively by the victim as such.
  
• Multi offensive result. Gender-based harassment does not prevent harm to other fundamental rights of the victim
•  It is not an isolated incident.
• The motive behind these behaviors must be related to being a woman or to reproductive and caregiving functions, which are socially presumed to be inherent to women. In this regard, men may also suffer gender-based harassment when they perform tasks or activities related to roles historically assigned to women.

Certain hostile actions that may occasionally occur in the workplace may not, in themselves, constitute gender-based harassment if they are isolated and not repeated. However, if such hostile actions are detected, the school must act decisively to address them and prevent their recurrence. When the motive behind the harassment is related to gender roles traditionally assigned to women due to social discrimination, it will also constitute gender-based harassment, regardless of whether the harassed person is male or female.

Below is a list of behaviors that constitute gender-based harassment, which, meeting the previously mentioned requirements, serve as examples without the intent to be exhaustive or limiting.

Actions Aimed at Isolating the Victim:

• Ignoring the person’s presence.
• Refusing to speak to them.
• Restricting classmates or colleagues’ ability to communicate with the person.
• Not allowing the person to express themselves

Activities Affecting the Victim’s Physical or Psychological Health:

• Threats and physical assaults.
• Verbal or written threats.
• Yelling and/or insults.
• Harassing phone calls.
• Provoking the person to force an emotional reaction.
• Damaging their belongings.
• Belittling their work.

Attacks on Private Life and Personal or Professional Reputation:

• Manipulating personal reputation through rumors, defamation, and ridicule.
• Suggesting the person has psychological problems.
• Mocking gestures, voice, physical appearance, and disabilities. Giving nicknames, etc.
• Criticizing nationality, political attitudes, religious beliefs, private life, etc.

In the study of sexual and/or gender-based harassment, international, European, and national regulations should be considered.

At the International Level:

• ILO Convention 111 (1958)**: Against discrimination in employment (addresses sexual harassment in the workplace as a form of discrimination against female workers).
  
• Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979)**: Defines “discrimination against women.”
• Articles 1 and 2 of the Declaration on the Elimination of Violence Against Women (1993)**: Defines “violence against women” and provides a specific concept of sexual harassment and intimidation in the workplace and educational institutions as forms of violence against women.
  

In the European Union:

• Commission Recommendation 92/131/EEC (November 27)**: Relates to the protection of the dignity of men and women at work (includes a Code of Conduct on measures to combat sexual harassment).
• Article 21 of the EU Charter of Fundamental Rights (2000)**: Prohibits discrimination, particularly based on sex and sexual orientation.
• Directive 2006/54/EC**: Ensures equality between men and women in employment and occupation, defines sexual harassment, gender-based harassment, and other discriminatory behaviors.
  
• The Commission’s communication on the European agreement on harassment and violence at work (COM (2007) 686 final), signed by European social partners, outlines different types of harassment based on their scope and effects, how they manifest, the individuals involved, and their materialization.

At the National Level (Spain):

Spanish Constitution, Articles 1.1, 14, and 9.2: Proclaim equality as a fundamental legal value.

Spanish Constitution, Article 10.1: Proclaims human dignity as a superior value in the legal system.

Article 15: Proclaims the right to life and physical and moral integrity and the right to be free from degrading treatment.

Article 18.1, proclaims the right to honor, personal and family privacy, and the right to one’s own image.

The Spanish Constitution, Article 27, proclaims the right to education.

The Spanish Constitution, Article 35, in conjunction with Article 43, proclaims the right to work and to occupational health.

Law 31/1995, of November 8, on Occupational Risk Prevention. Its preamble refers to the constitutional mandate derived from Article 40 of the Spanish Constitution, which calls for the development of a policy to protect the health of workers through the prevention of work-related risks, including psychosocial risks.

Organic Law 10/1995, Penal Code, especially Article 184

Organic Law 1/2004, on Comprehensive Protection Against Gender Violence

Organic Law 3/2007, on Effective Equality of Women and Men

Technical Criteria of the Labour Inspection No. 69/2009, on the actions of the Labour and Social Security Inspectorate concerning harassment and violence at work. It considers a violation in terms of prevention the absence of an evaluation and the adoption of preventive measures against gender-based violence in the workplace.

Other reference regulations concerning sexual harassment and harassment based on sex include:

Law 14/1986, of April 25, General Health Law (Article 18.9).

Royal Legislative Decree 1/1995, of March 24, approving the Consolidated Text of the Workers’ Statute Law (Articles 4.2.e, 54.2, and 95.14).

Royal Legislative Decree 2/1995, of April 7, approving the Consolidated Text of the Labor Procedure Law (Articles 175-182).

Law 29/1998, of July 13, regulating contentious-administrative jurisdiction (Article 19.1.i).

Law 1/2000, of January 7, on Civil Procedure (Article 11 bis) concerning standing.

Royal Legislative Decree 5/2000, of August 4, approving the Consolidated Text of the Law on Infractions and Sanctions of Social Order (Article 8).

The phases and maximum deadlines for carrying out the procedure are as follows:

Filing of complaint or report: The complaint or report is filed, and the corresponding administrative file is opened.

Activation of the harassment protocol (maximum deadline: 2 to 3 working days).

Informative file (maximum deadline: 10 working days).

Resolution of the harassment file (maximum deadline: 3 to 4 working days).

Follow-up (maximum deadline: 30 calendar days).

A- Filing of the complaint, activation of the protocol, and processing of the administrative file.

The complaint or report made by any member of the educational community of the entire BCNLIP Group (staff and/or students) will be forwarded to the academic management of the Escuela de Idiomas, BCNLIP Language School, the director of IBP, International Business Programs, or the director of the Fundación BCNLIP, the three organizations that make up the BCNLIP Group.

If absent from their workplaces for any reason, all relevant information will be sent to the individuals designated by them for this purpose. Due to the complexity of the organization, its different locations, and activities, complaints, if any arise, may be received by different members of the administrative and/or teaching staff on a daily basis.

For better organization and in accordance with the principles of confidentiality and professional secrecy, the management will assign different members of the group to this task, and the entire educational community will be informed of their names and the oral and written communication channels designated for this purpose (email, available phone number, etc.).

The complaint cannot be anonymous and must be filed by the person who feels harassed or who is aware of the situation.

The principle of confidentiality, professional secrecy, and data protection will be maintained throughout all stages of the protocol, as well as in all actions taken by the participants in the case.

B- Activation of the protocol

Upon receiving the complaint or report of sexual harassment or harassment based on gender, the instructing committee will be called to open a case file, communicate the initiation of an investigation, conduct the relevant interviews with the parties involved, and follow up and analyze the case. The instructing committee will be made up of members of the educational community.

If any member is absent due to illness, vacation, or any other legal reason, substitutes will be designated for this purpose. The procedure will be activated for processing within a maximum of 2 to 3 working days. Any complaint, report, or claim that is made will be presumed to be truthful.

C- Informative file

The person designated by the instructing committee will conduct a quick and confidential investigation within 10 working days, during which they will interview the affected individuals, any proposed witnesses, and request any necessary documentation, in compliance with data protection regulations and reserved documentation, ensuring the impartiality of their actions. Those required to cooperate must do so with the utmost diligence.

During the processing of the file, the victim will be heard first, followed by the accused individual. The hearing may be conducted in person or remotely, as agreed by the parties. The procedure must be as swift and efficient as possible while protecting the privacy, confidentiality, and dignity of the affected individuals, as well as the right of defense of the accused.

Strict confidentiality will be maintained throughout the entire procedure, and all internal investigations will be carried out with sensitivity and due respect, both for the complainant—who in no case will be treated unfavorably for this reason—and for the accused, whose guilt will not be presumed.

During the processing of the file, the management team will adopt the necessary precautionary measures aimed at the immediate cessation of the harassment situation, provided that such measures do not result in permanent and definitive harm to the working conditions of the individuals involved. In addition to other precautionary measures, the management will separate the alleged harasser from the victim.

D- Resolution of the harassment file

Once the investigation is completed, the instructing committee will prepare a report summarizing the facts, interviews, testimonies, evidence gathered and/or collected, and will conclude whether, in their opinion, there are indications of sexual harassment or harassment based on gender.

If it is concluded that no situation of imbalance, inequality, abuse, harassment, or discrimination has occurred, the protocol may be closed. For this, there must be an agreement in the assessment report, signed by all parties involved. If, even without harassment, any inappropriate behavior or a conflict situation is found, which, if it continues over time, could eventually lead to harassment, this will be communicated to the management of the institution, recommending the adoption of any necessary measures to put an end to the behavior.

If the evidence gathered indicates signs of harassment, the instructing committee will urge the management of the BCNLIP Group to adopt the appropriate disciplinary measures, which may even include, in the case of very serious behavior, proposing the dismissal or expulsion of the aggressor (whether staff of the educational institutions and/or foundation or a student).

E- Follow-up

The instructing committee will monitor the case, depending on the severity and circumstances, for 30 days. If necessary, new precautionary measures will be taken and/or the procedure will continue. When the sanction applied is not dismissal, the committee will have the obligation to monitor and follow up with the accused individual. The sanction alone will not be sufficient; the behavior and performance of the sanctioned individual within the educational community will need to be closely observed.

In accordance with international, community, and national legal frameworks, abuse, harassment, or discrimination are punishable by law, and depending on the severity of the case, the situation could be reported to Social Services, the Education Inspection Services (in the case of Vocational Training), the Juvenile Prosecutor’s Office, the Civil Guard, and/or the Police.

In addition to the intervention of law enforcement or educational authorities, the BCNLIP Group will ensure that the victim of harassment, abuse, or discrimination receives counseling on self-protection behaviors, assertiveness, and support.

The BCNLIP Group commits to carrying out:

• Preventive measures, including a statement of principles, definition of sexual harassment and gender-based harassment, and identification of behaviors that could constitute these types of harassment.
  
• Proactive or procedural measures for addressing harassment, providing a channel for complaints or reports that may arise, and applying precautionary and/or corrective measures as needed.
  
• Identification of reactive measures in response to harassment, and, if necessary, the implementation of the disciplinary regime.
  

With this protocol, the BCNLIP Group expresses its zero tolerance towards any conduct within its organization that constitutes sexual harassment or gender-based harassment.

By adopting this protocol, the Group emphasizes its commitment to preventing and addressing harassment in any of its forms, informing all personnel who provide services to the organization, whether employees or contractors from other companies, including individuals who, without having an employment relationship, provide services or collaborate with the organization, such as trainees, those doing non-work internships, or volunteers.

The protocol applies to situations of sexual harassment or gender-based harassment that occur during work, in connection with work, or as a result of work, and includes:

a. Educational community and Foundation personnel: management, teachers, administrative staff, commercial and/or external service providers, transport, maintenance, and cleaning staff.

b. Students, families, and/or host tutors.

c. In all premises of the BCNLIP Group’s offices, including rest areas, eating spaces, and bathrooms.

d. In public and private spaces when they constitute an extension of the workplace and/or recreation areas, and surrounding spaces near the offices.

e. During travel, events, or social, cultural, and/or educational activities related to work and educational activities.

f. In communications related to work, including those made through information and communication technologies (virtual harassment or cyberbullying).

g. In lodging accommodations, student apartments, and/or family homes, owned and/or managed by the BCNLIP Group.

h. On the routes between home and the workplace.

The BCNLIP Group will adopt a proactive attitude both in the prevention of harassment—through awareness and information about behaviors not tolerated by the company—and in disseminating best practices and implementing the necessary measures to manage complaints and reports related to this issue, as well as resolving each case as appropriate. This protocol complies with the requirements of Articles 46.2 and 48 of Organic Law 3/2007, of March 22, on the effective equality of women and men, RD 901/2020 of October 13, which regulates equality plans and their registration and modifies Royal Decree 713/2010 of May 28 on the registration and deposit of collective labor agreements, and Article 14 of Law 31/1995, of November 8, on occupational risk prevention.