If you fulfill your own deadlines, the Complutense University should solve the research that has opened Juan Carlos Monedero for sexual harassment. The expolitic and professor has been denounced by a student, a formal complaint that has activated the protocol of action against sexual or sexist harassment that the university has.
The document It emphasizes the need to act with “diligence” and initiate the intervention “immediately” to be carried out “within a reasonable period.” It also demands that it be “propositive.” The protocol clearly establishes the procedure and the principles that must guide the intervention of the equality unit when receiving a complaint. The procedure is activated at the moment in which some person presents a formal complaint signed, which will include the name of the affected person and the allegedly stalker. The explicit text that anonymous complaints will not be admitted or without signing by the affected person.
From there, the unit must make a first assessment of the case. If you believe that the case is “of extreme gravity” will raise it to ordinary justice, whether through the Prosecutor’s Office or the Police, although it does not give guidelines to carry out this assessment. “The rest of the complaints,” says the text, will be sent to the Technical and Guarantee Commission. At the moment the university, appealing to the reserved nature of the case and the Data Protection Law, has only confirmed that an investigation has been opened, but not the point where it is.
When the commission receives the complaint, the deadlines begin to run. This agency, headed by the Director of Equality of the University, Isabel Tajahuerce, has 48 hours in turn to decide if you need to order a technical report “to one or two expert people” or take care of the process. It can also inadmit the complaint, an appealed before the rector and that, following the information shared by the UCM, has not found a purse.
In the event that this external assistance considers appropriate, the commission has seven business days to order it and the experts who have received the task for another ten to carry out the letter, which will return to the commission. This route therefore includes a maximum of 17 business days, to which we must add the time that the commission is taken to issue its final report from the document you receive and send it to the Rector’s delegate. The protocol does not establish deadlines for this last step.
If the Commission considers that it can address the matter with its own means, the action should be faster: it has five business days to send its report to the Tajahuerce delegate.
Five possible ways of action
When receiving it, this expert has five possible ways of action: send the case to the inspection of services; refer to psychological or psychosocial care services to any of the parties involved; take preventive or precautionary intervention measures for any of the parties; contemplate the possibility of establishing mediation measures, explicitly when gender violence has not occurred; or file the case, “as long as they have not produced indicated acts constituting crime.”
In order for the Commission to request that precautionary measures be taken, the document continues, it must have detected: indications of a crime or a very serious or serious administrative infraction; the need for psychological, pedagogical and/or urgent social intervention of any of the parties; Risks for any of the parts that may affect their physical, moral, psychological, academic or social integrity. In any case, these measures “will always be of a preventive nature, aimed at preventing risks for those who present complaints or other people involved in the facts or in the procedure.”
Regarding the investigation itself, the protocol only details that the commission (or external persons, if that case is given) “may collect testimonies of the people involved in the facts, as well as to practice the evidence she deems necessary to clarify them” and Establish guidelines in the event that it is decided to interview the people affected by it: if you have to do it with the victim, it may request the psychological or pedagogical accompaniment of the device of psychological care (DAPs); Regarding the alleged stalker, he must avoid interviewing “when indications of administrative sanction and remission to the inspection of services are detected, in order not to double the procedure”.
The text does not stipulate the possible sanctions that a person could receive if they are found responsible for a case of harassment, but the sanction could reach the suspension of employment and salary purse.
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