Guidelines on the Prevention and
Treatment of Sexual Harassment and Sexual Violence

 

Enacted on 11/10/2015, Guideline No. 50

Wholly Amended on 07/14/2016, Guideline No. 96

Wholly Amended on 04/28/2017, Guideline No. 165

Amended on 11/28/2019, Guideline No. 278

Amended on 05/22/2323, Guideline No.509

 

Article 1 (Purpose) The purpose of these Guidelines is to prescribe matters necessary for the prevention of sexual harassment and sexual violence at Ulsan National Institute of Science and Technology (hereinafter referred to as "UNIST") in accordance with Article 31 of the ｢Framework Act on Gender Equality｣, Article 20 of the ｢Enforcement Decree of the Framework Act on Gender Equality｣, Article 5 of the ｢ Sexual Violence Prevention and Victims Protection Act｣ and Article 2 of the ｢Enforcement Decree of the Sexual Violence Prevention and Victims Protection Act｣. <Amended on 05/22/2323>

Article 2 (Scope) These Guidelines apply to all UNIST members. <Amended on 05/22/2023>

Article 3 (Definition) The definitions of terms used herein are as follows: <Amended on 05/22/2023>

  1. "Sexual harassment" refers to any act that evokes feelings of sexual humiliation, offense, or aversion in another person regardless of whether a sex crime has been committed, including the following:

   a. An act of violating a person's sexual autonomy through verbal, psychological, or physical actions such as non-consensual sexual contact, demands, etc.;

   b. An act of expressing the intent to give unfavorable treatment to another person concerning academic assessment, employment, research, personnel affairs, etc. because they refused sexual language, behavior, or demand, or to give favorable treatment because they have agreed to that person's sexual language, behavior or demand;

   c. An act of causing considerable damage to the victim through mental threat, physical coercion, or other means in sympathy with the person who has committed acts amounting to sexual harassment

  2. "Sexual violence" refers to any act that constitutes a crime according to Article 2 of the ｢Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes｣.

Article 4 (Duties of the President of UNIST) The President of UNIST (hereinafter referred to as "President") has the responsibility to conduct education on prevention of sexual harassment/sexual violence, install and operate a channel for sexual harassment/sexual violence grievance counseling, prepare procedures for handling sexual harassment/sexual violence grievances, declare a zero-tolerance policy for any person who engages in sexual harassment/sexual violence, promote to affiliated members, attend preventive education, secure budgetary funds concerning the prevention of sexual harassment/sexual violence, etc. and otherwise seek and implement various measures to prevent sexual harassment/sexual violence, and in the event of sexual harassment/sexual violence, shall take necessary action in an appropriate and timely manner. To achieve this, the President shall formulate an annual implementation plan for measures to prevent sexual harassment/sexual violence each year. <Amended on 05/22/2023>

Article 5 (Grievance Counseling Channel) ① A sexual harassment/sexual violence grievance counseling channel (hereinafter referred to as "grievance counseling channel") shall be established at the Human Rights Center to handle affairs for prevention of sexual harassment/sexual violence and to process and provide counseling on sexual harassment/sexual violence-related grievances raised by affiliated members. It shall be actively promoted in and outside the organization to ensure awareness (Amended on 11/28/2019)

  ② Sexual harassment/sexual violence grievance counselors (hereinafter referred to as "grievance counselors") shall be designated to handle affairs of the grievance counseling channel. There shall be at least two grievance counselors, including at least one male and one female. Grievance counselors shall be provided with education and training to enhance job skills in sexual harassment/sexual violence-related counseling and grievance handling. (Amended on 11/28/2019)

  ③ The affairs of the grievance counseling channel are as follows:

1. Receive grievances, provide grievance counseling and advice to victims of sexual harassment/sexual violence;

2. Investigate and process sexual harassment/sexual violence incidents;

3. Matters regarding interdepartmental cooperation and coordination concerning the processing of sexual harassment/sexual violence incidents;

4. Matters regarding the formulation and implementation of measures to prevent recurrence of sexual harassment/sexual violence;

5. Affairs involved in the prevention of sexual harassment/sexual violence such as education on and promotion of sexual harassment/sexual violence prevention

  ④ The grievance counseling channel shall make entries in and make a grievance registration and settlement ledger available according to the attached Form No. 1 and a sexual harassment/sexual violence grievance-handling procedure and manual.

Article 6 (Preventive Education) ① The President shall formulate a detailed implementation plan regarding the timing, content, method, etc., of education on sexual harassment/sexual violence prevention each year.

  ② Education on sexual harassment/sexual violence prevention shall be conducted for at least one hour by such means as expert lectures, audiovisual education, online education, etc. with at least one session conducted face-to-face, and shall include the following content:

1. Laws relevant to sexual harassment/sexual violence;

2. Handling procedure and action standards in the event of sexual harassment/sexual violence;

3. Grievance counseling and relief procedure for victims of sexual harassment/sexual violence;

4. Disciplinary and other punitive action against perpetrators of sexual harassment/sexual violence;

5. Prevention of sexual harassment/sexual violence perpetrated by civilian, customer, etc. and measures in case of such sexual harassment/sexual violence;

6. Other matters regarding prevention of sexual harassment/sexual violence, etc.

  ③ Any newly appointed person shall undergo education within two months from the date of appointment.

  ④ To enhance the effectiveness of education on sexual harassment/sexual violence prevention, the President may conduct separate education for high-level managers and may conduct education on sexual harassment/sexual violence prevention for students in the orientation, etc.

  ⑤ Where education on sexual harassment/sexual violence prevention has been carried out, the education results, including the date and method of the education, a list of attendees, the education content, etc., shall be reported to the President.

Article 7 (Filing a Sexual Harassment/Sexual Violence Grievance) ① When a victim or an agent thereof wishes to receive counseling concerning sexual harassment/sexual violence or wishes for the processing of a sexual harassment/sexual violence grievance, they may file such grievance with the grievance counseling channel by written document, telephone, email or visit.

  ② The grievance in paragraph 1 shall be filed in accordance with attached Form No. 2.

Article 8 (Counseling and Investigation) ① When a grievance counselor has received an application for counseling or grievance concerning sexual harassment/sexual violence, he or she shall immediately agree to counsel, and when requested by the victim, shall conduct the necessary investigation.

  ② An investigation shall be completed within 30 days of receiving the application. However, under special circumstances, the investigation period may be extended by up to 30 days.

  ③ When a matter under investigation under paragraph 1 is being investigated or processed by another organization under the law or a victim does not cooperate with the investigation, the investigation may be terminated.

  ④ During the investigation process, a grievance counselor may request assistance from a department relevant to the matter, and the department concerned shall actively consent.  In addition, external experts may take part to ensure a fair and professional investigation.

  ⑤ When a sexual harassment/sexual violence victim is interviewed, the victim's statement shall be heard carefully and earnestly.

  ⑥ The victim shall be notified of the progress of the sexual harassment/sexual violence investigation in writing, by email, by telephone, etc. <Amended on 05/22/2023>

Article 9 (Protection and Confidentiality of Victim, etc.) ① The President (and any person granted authority by the President regarding personnel, service, etc.) shall not take any unfavorable measure against any person who claims sexual harassment/sexual violence damage or any person who assists with an investigation, etc. on the grounds of grievance counseling or assistance, etc.

  ② The President shall consider the intention of the alleged victim and isolate them from the perpetrator in terms of workspace and otherwise protect the victim's safety.

  ③ In the event of a sexual harassment/sexual violence incident, any secondary damage shall be prevented by supporting the victim's treatment and taking personnel measures against the perpetrator; the victim's rights to work and learn, etc., protected.

  ④ No grievance counselor or other person who, during work, becomes aware of any matter associated with a sexual harassment/sexual violence grievance shall disclose the identity of the persons associated with the matter or the details thereof, etc., unless necessary for an investigation or processing of the matter concerned.

Article 10 (Reporting on Investigation Results, etc.) ① Upon completing an investigation of a sexual harassment/sexual violence case, the grievance counselor shall report the results thereof to the President.

  ② Where necessary for the fair handling of a sexual harassment/sexual violence case, the President may have the case discussed and handled by the Sexual Harassment/Sexual Violence Grievance Advisory Committee according to Article 11.

Article 11 (Establishment and Composition, etc. of the Sexual Harassment/Sexual Violence Grievance Advisory Committee) ① A Sexual Harassment/Sexual Violence Grievance Advisory Committee (hereinafter referred to as "Committee") shall be established to deliberate on matters put to the discussion by the President concerning the processing of a sexual harassment/sexual violence case.

  ② The Committee shall consist of six members, including a chairperson.

  ③ The Vice President shall chair the Committee for Academic Affairs. The Vice President for Academic Affairs, Head of Human Rights Center, and Dean of General Administration shall be ex officio members. The proportion of male or female members shall not exceed six-tenths of the total number of members. In addition, up to two members may be appointed from among external experts on sexual harassment prevention.

  ④ The office of ex officio members shall be the term in office for the position concerned. Any other member shall be in office for a one-year term and may serve consecutive terms.

Article 12 (Committee Meetings)

① The chair shall convene committee meetings as necessary.

② The committee shall make decisions with the attendance of a majority of the committee members, including the chairperson, and the approval of a majority of the attending members. However, in the event of a tied decision, the chairperson shall make the final determination.

③ If there is a valid reason, the chairperson may convene the committee in writing or as a non-face-to-face meeting.

Article 12-2 (Exclusion and Recusal of Members)

In cases where there are reasonable grounds as stipulated in Article 9 (Exclusion) and Article 10 (Recusal) of the Regulation on the Operation of the

Human Rights Center, the reporter and the subject of the report may file requests for the exclusion or recusal of a specific member among the members of the committee.

Article 13 (Closing Investigations) When an investigation determines that sexual harassment/sexual violence did not occur, the investigation shall be closed after notifying the persons concerned.

Article 13-2 (Redeliberation)

①    If the party concerned disagrees with the committee's decision, they may request redeliberation by the committee within 10 days from the date of receiving the decision, limited to one request per party.

②    If the committee deems the request for redeliberation to have valid reasons, it must review and re-decide within 30 days.

Article 14 (Recurrence Prevention Measures and Disciplinary Action, etc.) ① When necessary to prevent sexual harassment/sexual violence from recurring, the President may change departments, organize recurrence prevention education for the perpetrator, and take other necessary actions. In such cases, any action taken shall not disadvantage the victim.

  ② For sexual harassment/sexual violence deemed to be grounds for disciplinary action prescribed by law, the President shall ensure that disciplinary action and other punitive procedures are taken against the perpetrator under a zero-tolerance policy unless there are special circumstances.

  ③ When a sexual harassment/sexual violence incident is concealed, or the victim has suffered any additional damage concerning their rights to work and learn, etc., strict disciplinary action shall be taken against the persons concerned.

  ④ Voluntary resignation shall be restricted for any perpetrator of sexual harassment/sexual violence, etc., until the matter has been processed.

  ⑤ After handling a sexual harassment/sexual violence matter according to paragraphs 1 and 2, the results thereof shall be delivered in writing to the persons concerned.

 

Addendum (11/10/2015)

These Guidelines shall enter into force on the date approved by the President.

 

Addendum (07/14/2016)

These Guidelines shall enter into force on the date approved by the President.

 

Addendum (04/28/2017)

These Guidelines shall enter into force on the date approved by the President.

 

Addendum (11/28/2019)

These Guidelines shall enter into force on the date approved by the President.

 

Addendum (05/22/2023)

These Guidelines shall enter into force on the date approved by the President.