Following the recent sexual harassment scandals in the university environment, the Ministry of Education proposes to promote a regulation that applies equally to public and private educational institutions, that is, to the entire national education system, as well as to all public institutions.
The Ministry is asking for a legal framework for the resolution of reports of sexual harassment Archive PHOTO
After the lack of action and transparency of the Ministry of Education was harshly criticized, today the institution announced that at the meeting of the working group, which took place on Monday, the legal framework applicable to the resolution of complaints concerning acts of sexual harassment/sexual aggression and the amendments were analyzed legislative requirements that must be general and applicable to all public entities.
“Following the discussions, it emerged the need to promote a general regulation, which applies equally to public and private educational institutions, that is, to the entire national education system, as well as to all public institutions, in a similar way to the one regarding labor relations, as they are defined by the provisions of GD 970/2023 for the approval of the Methodology regarding the prevention and combating of harassment based on sex, as well as moral harassment at the workplace.“, states the Ministry of Education, in a statement sent on Thursday.
As the provisions of Government Decision no. 970/2023 refers to the field of work, as regards the interaction between teaching staff and students or pupils, this normative act is not applicable, as a legislative intervention is needed to expand the scope of application, the Ministry of Education also states
“The expected general regulation must primarily aim at: prevention; inter-institutional cooperation – for the timely discovery of all acts/facts that may constitute a threat to physical and mental freedom, the harmonious development of each person and all those involved in the educational process; awareness and access to means of protection“, the statement also states.
And anonymous reports should be investigated
Regarding the definition of the term duty of analysis, in general, a “institutions/authorities”within the general regulation, the Ministry of Education proposes the following:
– Examining and resolving the notification that does not include the name, surname, contact details or signature of the petitioner, to the extent that it contains indications of non-compliant behaviour, i.e. sexual harassment/aggression.
– Analyzing the complaint made without assuming identity by the commission at the level of the institution/authority, under the conditions of Government Decision no. 970/2023, which will apply to all public institutions/authorities/public entities. After the analysis, a report is drawn up by which the disciplinary investigation committee is notified, if there are elements related to the existence of a possible disciplinary violation.
– Forwarding the notification for competent resolution to the criminal investigation bodies, in the situation where it includes information regarding elements of acts of sexual aggression or sexual harassment, the abusive exercise of the function for sexual purposes provided for by the Criminal Code.
The Ministry requests a legal framework for the resolution of any reports regarding potential acts of sexual harassment/assault
The explicit definition of sexual harassment as regulated by Government Decision no. 970/2023 for the approval of the Methodology regarding the prevention and combating of harassment on the basis of sex, as well as moral harassment at the workplace:
“Therefore, the Ministry of Education appreciates as a solution: the promotion of a viable legislative intervention, which represents the general applicable legal framework for the resolution of any requests claiming potential facts/acts of sexual harassment/aggression; the establishment of effective prevention measures/health protection/protection of vulnerable persons, etc., for all educational environments in which these could occur“, the press release added.
Regarding his future steps, the Ministry of Education states that he will organize, together with the representatives of the national student federations, the representatives of the National Council of Rectors and the Council of Ethics and University Management, a debate aimed at harmonizing the legislation aimed at solving any facts regarding sexual aggression/harassment in the academic environment and the establishment of mandatory preventive measures at the level of educational institutions in the national higher education system.
“We remind you of the recent steps taken by the Ministry of Education: at the request of the Ministry of Education, the University Ethics and Management Council (CEMU) will initiate checks at the level of higher education institutions regarding the cases that involved elements of sexual harassment (or similar acts), the way in that they were managed at the level of the university ethics commissions and the results of the actions taken at the institutional level, including by reporting to prevention measures”says the Ministry of Education.
In the same communiqué it is also shown that improvements have been made to the regulations specific to higher education, both at the level of definition and at the level of prevention and clarification of the way of intervention, respectively:
The new Higher Education Law no. 199/2023 defines acts of sexual harassment and psychological violence.
Sexual harassment, along with any form of harassment, is considered a deviation from the ethical and deontological norms regarding respect for the human being and dignity, considering the fact that they harm the dignity of the direct beneficiaries of the right to education and the prestige of the profession, according to the provisions of the Higher Education Law no. . 199/2023 and of the framework code of university ethics and deontology.
The framework code of university ethics and deontology, adopted by Government Decision in April 2024, prohibits any kind of harassment, including sexual harassment, along with other forms of exploitation. The same document provides:
– the obligation for higher education institutions to regulate an internal framework to prevent deviations from national or internal norms regarding university ethics and deontology;
– the obligation of university ethics commissions to carry out, starting from the academic year 2024 – 2025, preventive activities regarding the violation of ethics and deontology norms;
– the obligation for the universities to develop operational guidelines detailing the legal and administrative procedures regarding the approach and resolution of violations of the norms of university ethics and deontology, as well as the abusive behavior of the members of the university community.
